HomeMy WebLinkAboutPacket - 12/23/2020 - Planning and Zoning Commission
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
PLANNING AND ZONING COMMISSION
SPECIAL MEETING NOTICE
DATE: Wednesday, December 23, 2020
TIME: 7:00 p.m.
PLACE: Zoom Web Conferencing Application
Join Zoom Meeting: https://cityofmchenry.zoom.us/j/96311198731
Phone: +1-312-626-6799
Meeting ID: 963 1119 8731
AGENDA
1. Call to Order
2. Roll Call
3. Public Input – (five minutes total on non-agenda items only)
4. Z-979 – Final Plat of Subdivision - Legend Lakes – Neighborhood 1 Resubdivision
Petitioner: CalAtlantic Group, Inc., of 1141 E. Main Street, Suite 108, East Dundee, IL 60118.
Requested Action: Approval of a Final Plat of Subdivision for the Legend – Lakes – Neighborhood 1
Resubdivision
Location of Subject Property: The Subject Property contains, 6.359 Acres, more or less, and is located east of the
intersection of Curran Road and N. Draper Road.
5. Staff Report: Next Meeting Date: January 27, 2021
6. Adjourn
Staff Report for the City of McHenry Planning & Zoning Commission
Staff Comments
The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be
considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the
testimony presented during the public hearing.
BACKGROUND & REQUEST SUMMARY
The petitioner, CalAtlantic Group, Inc. (Contract Purchaser), is requesting approval of a Final Plat of Subdivision for the
Legend Lakes – Neighborhood 1 Resubdivision. The proposed 6.359-acre development consists of 13 single-family
attached residential townhouses with 4 dwelling units in each building for a combined total of 52 dwelling units. The
subdivision was part of the original Legend Lakes Subdivision – Neighborhood 1 approved by City Council in 2006. The
proposed resubdivision is to allow the petitioner to sell the townhome units for ‘fee simple’ ownership as opposed to
condominium ownership. Post-recession financing for condominium developments is challenging for both developers
and potential buyers seeking a mortgage. Fee simple ownership would require each dwelling unit within a townhome to
be platted individually upon completion of construction. Because the subdivision involves lots or blocks greater than 1
acre, it is not exempt from the Illinois State Plat Act and therefore is required to have a public meeting.
The development is further complicated legally because 765 ILCS 605/25 (Illinois Compiled Statutes) places a statute of
limitation of ten years to allow additional condominiums to be added onto a condominium development after the
official recording of the declarations. The ability to add additional condominiums to this development expired in 2016.
The developer is therefore required to create a new homeowner’s association.
The Subdivision Control and Development Ordinance requires Final Engineering Plans to be submitted. Because the
development is not changing the overall layout and number of buildings, the development will reuse the prior approved
Final Engineering Plans for the Legend Lakes Subdivision – Neighborhood 1. The development will also be reutilizing the
existing special service area (SSA#3). Please see below for staff’s assessment.
CITY OF MCHENRY ORDINANCES
• The petitioner must comply with Title 12 – Subdivision Control and Development Ordinance of the City of
McHenry.
STAFF ANALYSIS
Current Land Use & Zoning: RA-1 (Vacant Undeveloped)
The subject property is zoned RA-1 Attached Residential District and is currently vacant. The primary concern regarding
the proposed development is the sharing of common areas. The petitioner is actively working with the existing Legend
Lakes Homeowner’s Association regarding a cross easement and cost sharing agreement. The developer has informed
staff that the HOA has signed the agreement and will be provided prior to the meeting.
Future Land Use Plan Recommendation: Low-Density Residential (1-4 DU/Acre)/Environmental Corridor
The proposal is approximately 8 dwelling units per acre which is classified as medium-density residential according to
the Future Land Use Plan. The development does not comply with the Future Land Use Plan recommendation for low-
density residential (1-4 dwelling units per gross acre). The existing subdivision has occupied the site for over a decade.
Staff does not believe the new development will create any adverse long-term impacts on the surrounding properties.
Comprehensive Plan Objectives and Policies
Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies.
Staff comments italicized.
• Growth, Objective – Encourage and guide responsible development throughout the City.
o Policy – “Promote development that blends with existing development in the area especially if located
within a unique sub-area.” (p. 29)
Approval of the applicant’s request would promote the preservation of the existing townhome
subdivision. The materials and color scheme are nearly identical with only slight alterations to the
architectural features of the buildings and landscaping composition. Staff believes the proposed
townhome development will blend in substantially with the existing area.
STAFF ASSESSMENT
Approval Process: The proposed subdivision is a continuation of the original Legend Lakes Neighborhood 1 Subdivision
with slight modifications to landscaping as well as architectural features. A new subdivision is required due to two
underlying circumstances: 1) Illinois Compiled Statutes provides a 10-year statute of limitations for condominiums to
add on additional property from the date of recording of the condominium declarations; and 2) The original platted
condominium plat did not subdivide the underlying land the townhouse buildings occupied and therefore will need to
receive subdivision approval by the city.
Existing/Proposed Layout: When compared to the originally approved plat of subdivision, the resubdivision plat is
identical in terms of building layout and positioning. The large difference is the lot lines have been revised to reflect the
existing subdivision. Staff can only speculate as to why the existing layout of the subdivision does not match the
originally approved plat. Staff believes this may be the result of the fallout of the ‘07/’08 housing crash. The primary
concern staff has with the development is the ability for the new residents to access the common areas. The petitioner
has informed staff the association is very amenable and are in the process of signing a cross access agreement that
involves cost sharing of maintenance responsibilities.
Existing/Proposed Landscaping: The original Legend Lakes Subdivision Landscaping Plan calls for a “…design that
provides for effective screening of parking areas, utilities, and service areas…” and “…will reduce the possibility of
negative visual impacts when viewed from major adjacent streets.” (p.39) A comparison of the two building perimeter
foundations and overall streetscape plantings have been attached to the staff report for the Commission’s review.
Although there is no requirement for building perimeter landscaping in particular, it is important for the proposed
development to not conflict with the existing neighborhood character. Overall, staff is satisfied with the building
perimeter landscaping with a minor exception regarding the proposed tree count see table below.
Original Legend Lakes
Subdivision
Proposed Staff Comment
Trees 4 – 3’’ caliper shade tree per
building;
4 – 6’ ornamental or upright
evergreen tree per building
4 – 3’’ caliper shade tree per
building;
3 – 6’ ornamental trees per
building;
The petitioner may wish
to consider adding an
additional ornamental
tree, specifically between
buildings.
Common Area: The original Legend Lakes Subdivision Landscaping Plan identified a common area between the existing
and proposed subdivision. The common area was never completed and it is unclear who will be responsible for planting
said common area. Staff is recommending a condition be added that the property owner work with the existing
homeowner’s association to complete the installation of the landscaping within the common area.
Closing Remarks: Staff believes the proposed subdivision is in substantial conformance with the Subdivision Control and
Development Ordinance. The development review process has involved many conversations between the City’s
Attorney and the Developer’s Attorney to determine what is statutorily required. Staff does not object to the
petitioner’s request and recommends approval.
If the Planning & Zoning Commission Agree with Staff’s Assessment, then the following motion is recommended:
Motion to approve the Final Plat of Legend Lakes – Neighborhood 1 Resubdivision subject to the following conditions:
1.All development shall be in substantial conformance with the submitted Landscape Plan and Building
Elevations.
2.The proposed landscaping shall include one additional 6-foot ornamental tree in between each building and a
minimum of three additional street trees in the right-of-way on the north side of Carrick Lane just south of NEA
29. (Optional Staff Recommendation)
3.All other federal, state, and local laws shall be met.
Original—Building Perimeter Landscaping (does not
include trees)
Proposed - Building Perimeter Landscaping
Legend Lakes Resubdivision
Landscaping Plan. (Includes
building perimeter landscap-
ing)
Original Legend Lakes Landscape Plan
(does not include building perimeter
landscaping)
Existing
Proposed
CalAtlantic Group, Inc
Legend Lakes - Townhomes
Neighborhood 1
Address List
BUILDING UNIT ADDRESS STREET
NEA 1 4 1001 Draper Road
NEA 1 3 1005 Draper Road
NEA 1 2 1009 Draper Road
NEA 1 1 1013 Draper Road
NEA 2 4 1021 Draper Road
NEA 2 3 1025 Draper Road
NEA 2 2 1029 Draper Road
NEA 2 1 1031 Draper Road
NEA 3 4 1103 Draper Road
NEA 3 3 1107 Draper Road
NEA 3 2 1113 Draper Road
NEA 3 1 1117 Draper Road
NEA 4 4 5929 Dublin Court
NEA 4 3 5925 Dublin Court
NEA 4 2 5921 Dublin Court
NEA 4 1 5917 Dublin Court
NEA 5 4 5913 Dublin Court
NEA 5 3 5909 Dublin Court
NEA 5 2 5905 Dublin Court
NEA 5 1 5901 Dublin Court
NEA 6 4 5900 Dublin Court
NEA 6 3 5904 Dublin Court
NEA 6 2 5908 Dublin Court
NEA 6 1 5912 Dublin Court
NEA 7 4 5916 Dublin Court
NEA 7 3 5920 Dublin Court
NEA 7 2 5924 Dublin Court
NEA 7 1 5928 Dublin Court
NEA 8 4 1151 Draper Road
NEA 8 3 1155 Draper Road
NEA 8 2 1159 Draper Road
NEA 8 1 1163 Draper Road
September 13, 2006
ADDRESS IS NOT
SUBJECT OF THIS
APPLICATION
********
*SUBJECT ADDRESS(52)
KEY
Legend Lakes - Townhomes
Neighborhood 1
Address List
NEA 9 4 1201 Draper Road
NEA 9 3 1205 Draper Road
NEA 9 2 1209 Draper Road
NEA 9 1 1213 Draper Road
NEA 10 4 1217 Draper Road
NEA 10 3 1221 Draper Road
NEA 10 2 1225 Draper Road
NEA 10 1 1229 Draper Road
NEA 11 4 1233 Draper Road
NEA 11 3 1237 Draper Road
NEA 11 2 1241 Draper Road
NEA 11 1 1245 Draper Road
NEA 12 4 1303 Draper Road
NEA 12 3 1307 Draper Road
NEA 12 2 1311 Draper Road
NEA 12 1 1315 Draper Road
NEA 13 4 1319 Draper Road
NEA 13 3 1323 Draper Road
NEA 13 2 1327 Draper Road
NEA 13 1 1331 Draper Road
NEA 14 4 1335 Draper Road
NEA 14 3 1339 Draper Road
NEA 14 2 1343 Draper Road
NEA 14 1 1347 Draper Road
NEA 15 4 1351 Draper Road
NEA 15 3 1355 Draper Road
NEA 15 2 1359 Draper Road
NEA 15 1 1363 Draper Road
NEA 16 4 1401 Draper Road
NEA 16 3 1405 Draper Road
NEA 16 2 1409 Draper Road
NEA 16 1 1413 Draper Road
September 13, 2006
************************
Legend Lakes - Townhomes
Neighborhood 1
Address List
NEA 17 4 1417 Draper Road
NEA 17 3 1421 Draper Road
NEA 17 2 1425 Draper Road
NEA 17 1 1429 Draper Road
NEA 18 4 1061 Carrick Lane
NEA 18 3 1057 Carrick Lane
NEA 18 2 1053 Carrick Lane
NEA 18 1 1049 Carrick Lane
NEA 19 4 1045 Carrick Lane
NEA 19 3 1041 Carrick Lane
NEA 19 2 1037 Carrick Lane
NEA 19 1 1033 Carrick Lane
NEA 20 4 1029 Carrick Lane
NEA 20 3 1025 Carrick Lane
NEA 20 2 1021 Carrick Lane
NEA 20 1 1017 Carrick Lane
NEA 21 4 1013 Carrick Lane
NEA 21 3 1009 Carrick Lane
NEA 21 2 1005 Carrick Lane
NEA 21 1 1001 Carrick Lane
NEA 22 4 1030 Carrick Lane
NEA 22 3 1034 Carrick Lane
NEA 22 2 1038 Carrick Lane
NEA 22 1 1042 Carrick Lane
NEA 23 4 1428 Draper Road
NEA 23 3 1424 Draper Road
NEA 23 2 1420 Draper Road
NEA 23 1 1416 Draper Road
NEA 24 4 1412 Draper Road
NEA 24 3 1408 Draper Road
NEA 24 2 1404 Draper Road
NEA 24 1 1400 Draper Road
September 13, 2006
Legend Lakes - Townhomes
Neighborhood 1
Address List
NEA 25 4 1358 Draper Road
NEA 25 3 1354 Draper Road
NEA 25 2 1350 Draper Road
NEA 25 1 1346 Draper Road
NEA 26 4 1320 Draper Road
NEA 26 3 1316 Draper Road
NEA 26 2 1312 Draper Road
NEA 26 1 1308 Draper Road
NEA 27 4 1246 Draper Road
NEA 27 3 1242 Draper Road
NEA 27 2 1238 Draper Road
NEA 27 1 1234 Draper Road
NEA 28 4 1230 Draper Road
NEA 28 3 1226 Draper Road
NEA 28 2 1222 Draper Road
NEA 28 1 1218 Draper Road
NEA 29 4 1214 Draper Road
NEA 29 3 1208 Draper Road
NEA 29 2 1204 Draper Road
NEA 29 1 1200 Draper Road
NEA 30 4 1162 Draper Road
NEA 30 3 1158 Draper Road
NEA 30 2 1154 Draper Road
NEA 30 1 1150 Draper Road
NEA 31 4 1146 Draper Road
NEA 31 3 1142 Draper Road
NEA 31 2 1138 Draper Road
NEA 31 1 1134 Draper Road
NEA 32 4 1130 Draper Road
NEA 32 3 1124 Draper Road
NEA 32 2 1120 Draper Road
NEA 32 1 1116 Draper Road
September 13, 2006
****************
Legend Lakes - Townhomes
Neighborhood 1
Address List
NEA 33 4 1112 Draper Road
NEA 33 3 1108 Draper Road
NEA 33 2 1104 Draper Road
NEA 33 1 1100 Draper Road
NEA 34 4 1040 Draper Road
NEA 34 3 1036 Draper Road
NEA 34 2 1032 Draper Road
NEA 34 1 1028 Draper Road
NEA 35 4 1024 Draper Road
NEA 35 3 1020 Draper Road
NEA 35 2 1016 Draper Road
NEA 35 1 1012 Draper Road
LOT 1 1002 Draper Road
LOT 2 1017 Draper Road
LOT 3 1167 Draper Road
LOT 4 1024 Carrick Lane
LOT 5 1105 Carrick Lane
LOT 6 1135 Draper Road
NOTE!!! Unit numbers are from left to right
as you face the building from the front.
September 13, 2006
****
SEE SHEET 2S
E
E S
H
E
E
T 2
SEE SHEET 3SEE SHEET 31KMF
DAG
11-16-20
1"=100'
NEA 1 NEA 2
NEA 28
NEA 27
NEA 9
NEA 10
NEA 11
NEA 12
NEA 13
NEA 14
NEA 18
NEA 25
NEA 34NEA 15
NEA 8NEA 31
NEA 19
NEA 33
NEA 16
CB=N45°52'50"EL=197.72'R=275.00'
C
B
=N1
8°3
4'5
6"WL
=
5
6
4.1
4'
R
=
1
9
0.0
0'
C
B
=
S
1
8°3
4'5
6"
E
L
=
3
8
5.9
9'
R
=
1
3
0.0
0'
CB=S63°58'43"W
L=36.13'R=25.00'CB=N68°23'54"WL=28.22'R=130.00'CB=S66°15'15"EL=152.87'R=180.00'CARRICK LANEDRAPER ROAD
DRAPER ROADCURRAN ROADPER DOC 659255
SAN-MAR SUBDIVISION
1
2
137.42' (R)36.59' (R)117.58'
(R)UNSUBDIVIDED
CITY OF MCHENRY PARK PROPERTY
CITY OF MCHENRY PARK PROPERTYS00°40'59"W137.40'N66°52'36"W112.71'N00°03'33"E106.92'N00°10'42"W176.42'175.45'N00°35'04"W
22.10'251.29'296.39'S89°24'56"W 89.38'103.12'
171.74'
143.25'
N79
°52
'58
"W
94
.39
'
N66°28'39"E
154.18'N08°33'51"W117.60'
60
.22
'
5
4.
6
7'66.58'
88.01'
S66°28'39"W
154.18'
N
74°37'01"W61.83'N32°51'39"E161.52'N55°08'24"E208.86'N66°28'39"E
150.30'
N33°46'40"W167.77'
N89°59'41"E
95.91'
S89°24'56"W
97.15'
N89°24'56"E 254.76'
25.35'N76°21'29"E
15.37'
N22°06'05"W
35
NEA
LANE
KINSALE
L
OT 6
LOT 5
40.50'
S76°21'29"W
26.48'
N88°25'58"E
1
3.
0
4'N2
1
°
0
3'
3
5
"W29
NEA
NT 45R 829
32 33 E28
NT 452828R 83333EONLINE
54.71' E &
1/2" FIP
E & ONLINE
CONC 0.41'
1/4" FIR IN
S & 0.35' W
1" FIP 1.34'
1.89' W
1.34' S &
1/2" FIP
CORNER
3/4" FIP AT
CONC AT CORNER
5/8" FIR IN
3
23.86' W
0.19' N &
3/8" FIP
0.14' E
0.35' N &
3/8" FIP
1.08' W
1.07' N &
5/8" FIR
NT 45R 832
32 33 E33
& 9.69' W
FMN 54.70' N
& 61.30' E
1/2' FIP 24.89' N
AT CORNER
PER DOC 2005R0067696
RECONSTRUCTED BY TIES
MONUMENT POSITION
987.25'2643.28'S00°15'50"W53,968 SF
CB=N88°54'09"E
L=6.05'R=340.00'S00°35'04"E16,983 SF
S64°12'13"W
S67°43'06"W S47°42'51"W
133,466 SF S23°21'34"W36.58'
S89°57'58"W
CB=S44°31'33"WL=256.70'R=335.00'72,374 SF S00°02'02"EN89°57'58"E
41.54'
S37°20'33"E
S49°43'58"ES6
0°
0
5'
2
9"ES80°28
'37"E
TRAILWEDGEWOOD C
O
U
RT
D
U
BLI
N
26
NEA
LOT 4
PART OF
LOT 3
PART OF
LOT 1
PART OF
LOT 2
PART OF (FORMERLY WESTPORT DRIVE)(F
O
R
ME
RL
Y
CLIF
DE
N
C
O
U
RT)
66.60'55.44'N2
1
°
0
3'
2
8
"W
(R)
LOT 1
PART OF
LOT 2
PART OF
LOT 2
PART OF
LOT 1
PART OF
LOT 3
PART OF
LOT 3
PART OF
LOT 3
PART OF S69°12'17"E58.94'
N79°03'29"E
120.80'
SET
MONUMENT TO BE
CONCRETE
SET
MONUMENT TO BE
CONCRETE PARK PROPERTYCITY OF MCHENRY S00°02'02"E289.47'FINAL PLAT OFN48°04'02"E14.80'NEA 23
SUBMITTAL
INITIAL PARCEL 1PARCEL 1PARCEL 2PARCEL 3PARCEL 4PARCEL 4
POB
PARCEL 3
POB
PARCEL 2POB
PARCEL 1
POB
2007R003795
PER DOC
AMENDMENT
FIRST 2007R0041383PER DOC AMENDMENT SECOND 2007R0048020
PER DOC
AMENDMENT
THIRD
2007R0057953
PER DOC
AMENDMENT
FOURTH
2007R0081223
PER DOC
AMENDMENT
FIFTH
2008R0004590
PER DOC
AMENDMENT
SIXTH
2008R009636
PER DOC
AMENDMENT
SEVENTH
2008R0037718
PER DOC
AMENDMENT
EIGHTH
2008R0049270
PER DOC
AMENDMENT
NINTH
2008R0052131
PER DOC
AMENDMENT TENTH
2008R0062558
PER DOC
AMENDMENT
ELEVENTH
2009R0003045
PER DOC
AMENDMENT
TWELFTH
2009R0003045PER DOC AMENDMENT TWELFTH
2009R0006853
PER DOC
AMENDMENT
THIRTEENTH
2009R00115522
PER DOC
AMENDMENT
FOURTEENTH 2009R0006853PER DOC AMENDMENT THIRTEENTH 2006R0067400
SEPTEMBER 14, 2006 AS DOCUMENT
MANAGEMENT EASEMENT RECORDED
NORTHERLY LINE OF STORMWATER
2006R0067400
SEPTEMBER 14, 2006 AS DOCUMENT
MANAGEMENT EASEMENT RECORDED
SOUTHERLY LINE OF STORMWATER
PARCEL 1
POC
12-18-20 REVISED CERTIFICATES KMF
2009R0049918
AS DOC
AND RERECORDED
2009R0020341
DOC
AMENDMENT PER
FIFTEENTH N:\3552\Survey\Proposed\Final\3552-PS-1.plt12/18/20209:29:08 AMILLINOIS FIRM LICENSE 184-002694
DESIGNED
DRAWN
APPROVED
DATE
SCALEDATEDESCRIPTION OF REVISION BY
CLIENT:SHEET
PROJECT NUMBER:
C
OF
(847)696-1400
www.mackieconsult.com
Mackie Consultants, LLC
9575 W. Higgins Road, Suite 500
Rosemont, IL 60018
MACKIE CONSULTANTS LLC, 2020
MACKIE CONSULTANTS
3552EAST DUNDEE, ILLINOIS 60118
SUITE 108
1141 EAST MAIN STREET
McHENRY, ILLINOIS
LEGEND LAKES - NEIGHBORHOD 1 RESUBDIVISION
050 100100
SCALE: 1" = 100'
BOUNDARY LINE
LEGEND:
SECTION LINE
EXISTING RIGHT-OF-WAY LINE
EXISTING LOT LINE
BUILDING SETBACK LINE (BSL)
EASEMENT LINE
NEA NON EASEMENT AREA
FINAL PLAT OF
COUNTY CLERK CERTIFICATE:
COUNTY CLERK
__________________________________________________
______________________, A.D., 20____.
COUNTY, ILLINOIS, THIS _____ DAY OF
GIVEN UNDER MY HAND AND SEAL AT McHENRY
RECEIVED ALL STATUTORY FEES IN CONNECTION WITH THE ANNEXED PLAT.
THE LAND INCLUDED IN THE ANNEXED PLAT. I FURTHER CERTIFY THAT I HAVE
UNPAID FORFEITED TAXES AND NO REDEEMABLE TAX SALES AGAINST ANY OF
THERE ARE NO DELINQUENT GENERAL TAXES, NO UNPAID GENERAL TAXES, NO
COUNTY CLERK OF McHENRY COUNTY, ILLINOIS, DO HEREBY CERTIFY THAT
I, ___________________________________________________,
COUNTY OF McHENRY)
)SS
STATE OF ILLINOIS)
COUNTY RECORDER CERTIFICATE:
McHENRY COUNTY RECORDER OF DEEDS
__________________________________________________
__________________________________________________.
______.M. AND RECORDED AS DOCUMENT NUMBER
20______, AT ______________ O'CLOCK
________ DAY OF __________________, A.D.,
COUNTY, ILLINOIS ON THIS
THIS INSTRUMENT FILED FOR RECORD IN THE RECORDER'S OFFICE OF McHENRY
COUNTY OF McHENRY)
)SS
STATE OF ILLINOIS)
THIS PLAT PRESENTED BY:
EAST DUNDEE, ILLINOIS 60118
SUITE 108
1141 EAST MAIN STREET
LENNAR HOMES
NOTES:
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS.
BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 45
09-33-105-005
09-33-155-003
09-33-102-010
09-33-104-011
RESUBDIVIDED:
P.I.Ns. OF LOTS BEING
AREA:
6.359 ACRES MORE OR LESS
PROPERTY CONTAINS 276,993 SQUARE FEET OR
LEGEND LAKES - NEIGHBORHOOD 1 RESUBDIVISION
NOTARY PUBLIC CERTIFICATE:
PUBLIC HEALTH ADMINISTRATOR
_______________________________________________
NOTARY PUBLIC
____________________________________
OF ______________, A.D., 20____
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS ____ DAY
SET FORTH.
INSTRUMENT AS A FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES HEREIN
ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY DID SIGN AND DELIVER THIS
WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING CERTIFICATE, APPEARED BEFORE
OF LENNAR HOMES, LLC WHO ARE PERSONALLY KNOWN TO ME TO BE THE SAME
______________________ AND ____________________
COUNTY AFORESAID, DO HEREBY CERTIFY THAT
I,______________________________, A NOTARY PUBLIC IN AND FOR THE
COUNTY OF McHENRY)
)SS
STATE OF ILLINOIS)
CITY CLERK'S CERTIFICATE
CITY ENGINEER
________________________________________________________
CITY CLERK
______________________________________
THIS _____ DAY OF ____________, 20____
MCHENRY, ILLINOIS
IN WITNESS THEREOF I HAVE HERETO SET MY HAND AND SEAL OF THE CITY OF
ACCEPTED BY THE CITY COUNCIL ON SAID DATE.
ALL DEDICATIONS TO THE CITY OF MCHENRY, ILLINOIS DEPICTED HEREON WERE
IMPROVEMENTS REQUIRED BY THE REGULATIONS OF SAID CITY.
BOND OR OTHER GUARANTEE HAS BEEN POSTED FOR THE COMPLETION OF THE
______________________, A.D., 20____, AND THAT THE REQUIRED
MINIMUM REQUIREMENTS OF SAID CITY AT IT'S MEETING HELD ON
RESOLUTION DULY APPROVED BY THE CITY COUNCIL OF SAID CITY , MEET THE
HEREBY CERTIFY THAT THE ANNEXED PLAT WSA PRESENTED TO AND BY
I, ___________________ CITY CLERK OF THE CITY OF McHENRY, ILLINOIS
COUNTY OF McHENRY)
)SS
STATE OF ILLINOIS)
SURFACE WATER DRAINAGE CERTIFICATE:
PROFESSIONAL ENGINEER
__________________________________________________
OWNER/ATTORNEY
__________________________________________________
______________________, A.D., 20____.
DATED THIS _____ DAY OF
CONSTRUCTION OF THE SUBDIVISION.
LIKELIHOOD OF DAMAGE TO THE ADJOINING PROPERTY BECAUSE OF THE
GENERALLY ACCEPTED ENGINEERING PRACTICES SO AS TO REDUCE THE
SUCH SURFACE WATERS WILL BE PLANNED FOR IN ACCORDANCE WITH
AREAS, OR DRAINS WHICH THE SUBDIVIDER HAS A RIGHT TO USE, AND THAT
BEEN MADE FOR COLLECTION AND DIVERSION OF SURFACE WATERS INTO PUBLIC
SURFACE WATER DRAINAGE WILL BE CHANGED, REASONABLE PROVISIONS HAVE
CONSTRUCTION OF THIS SUBDIVISION OR ANY PART THEREOF, OR, IF A SUCH
BELIEF THE DRAINAGE OF SURFACE WATERS WILL NOT BE CHANGED BY THE
OF ILLINOIS, DO HEREBY CERTIFY THAT TO THE BEST OF OUR KNOWLEDGE AND
AND I ____________________, PROFESSIONAL ENGINEER OF THE STATE
I, _______________________, OWNER
CERTIFICATE TO SPECIAL ASSESSMENT:
CITY TREASURER
__________________________________________________
______________________, A.D., 20____.
DATED THIS DAY AT McHENRY COUNTY, ILLINOIS, THIS _____ DAY OF
APPORTIONED AGAINST THE TRACT OF LANCE INCLUDED IN THIS PLAT.
ASSESSMENTS OR ANY DEFERRED INSTALLMENTS THEREOF THAT HAVE BEEN
THERE ARE NO DELINQUENT OR UNPAID CURRENT OR FORFEITED SPECIAL
CITY TREASURER OF THE CITY OF McHENRY, ILLINOIS, DO HEREBY CERTIFY THAT
I, ___________________________________________________,
COUNTY OF McHENRY)
)SS
STATE OF ILLINOIS)
CITY ENGINEER CERTIFICATE:
CITY ENGINEER
________________________________________________________
______________________, A.D., 20____.
DATED THIS _____ DAY OF
MINIMUM REQUIREMENTS OF SAID CITY
ANNEXED PLAT AND THE PLAN AND SPECIFICATIONS THEREFORE, MEET THE
ILLINOIS HEREBY CERTIFY THAT THE LAND IMPROVEMENTS DESCRIBED IN THE
I, ___________________ CITY ENGINEER OF THE CITY OF McHENRY,
COUNTY OF McHENRY)
)SS
STATE OF ILLINOIS)
OWNER'S CERTIFICATE
PRINTED NAME PRINTED NAME
___________________________ ___________________________
TITLE TITLE
___________________________ ___________________________
SIGN SIGN
___________________________ ___________________________
EAST DUNDEE, ILLINOIS 60118
1141 EAST MAIN STREET, SUITE 108
CALATLANTIC GROUP, INC.
DATED AT EAST DUNDEE, ILLINOIS, THIS ____ DAY OF __________, A.D., 20___.
156 AND ELEMENTARY SCHOOL DISTRICT 15.
LIES WITHIN THE BOUNDARIES OF MCHENRY COMMUNITY UNIT HIGH SCHOOL DISTRICT
THE UNDERSIGNED FURTHER CERTIFY THAT ALL OF THE LAND INCLUDED IN THIS PLAT
THEREON INDICATED.
AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE
USES AND PURPOSES HEREIN SET FORTH AS ALLOWED AND PROVIDED FOR BY STATUTE,
THE SAME TO BE SURVEYED, SUBDIVIDED, AND PLATTED AS SHOWN HEREON FOR THE
PROPERTY DESCRIBED IN THE FOREGOING SURVEYOR'S CERTIFICATE AND HAS CAUSED
THIS IS TO CERTIFY THAT CALATLANTIC GROUP, INC., IS THE FEE SIMPLE OWNER OF THE
COUNTY OF MCHENRY)
)SS
STATE OF ILLINOIS)
PLANNING AND ZONING COMMISSION APPROVAL:
PRINTED NAME
________________________________________
CHAIRMAN PLANNING AND ZONING COMMISSION
________________________________________
CITY OF MCHENRY, ILLINOIS
RESPECTS TO THE REQUIREMENTS OF THE SUBDIVISION CONTROL ORDINANCE OF THE
ZONING COMMISSION OF THE CITY OF MCHENRY AND THAT SAID PLAT CONFORMS IN ALL
THE ANNEXED PLAT WAS PRESENTED TO AND DULY APPROVED BY THE PLANNING AND
I HEREBY CERTIFY THAT ON _______________, 20____
COUNTY OF MCHENRY)
)SS
STATE OF ILLINOIS )
INTERPRETATION AND SCALING.
EFFECTIVE DATE OF NOVEMBER 16, 2006. SUBJECT TO MAP
INSURANCE RATE MAP, MAP NUMBER 17111C0205J, WITH AN
ANNUAL CHANCE FLOODPLAIN AS IDENTIFIED BY THE FLOOD
PROPERTY FALLS WITHIN ZONE "X", AREAS OUTSIDE THE 0.2%
RATE MAPS THAT COVER THE AREA, THE HEREON DESCRIBED
ACCORDING TO OUR INTERPRETATION OF THE FLOOD INSURANCE 11.
DEFINED BY CHORD BEARING.
10. ALL CURVES ARE TANGENT TO ADJOINING COURSES UNLESS
9. ALL AREAS ARE MORE OR LESS.
SEPARATE DOCUMENT.
OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED BY
OF EASEMENTS, SETBACKS AND OTHER MATTERS, SEE DECLARATION
8. FOR ADDITIONAL INFORMATION PERTAINING TO DEFINITIONS/USES
RESUBDIVISION.
NO NEW EASEMENTS ARE BEING GRANTED ON THIS 7.
2006R0077102 AND 207R0041062.
CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS
SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND
BY LEGEND LAKES NEIGHBORHOOD 1 FINAL PLAT RECORDED
ALL EASEMENTS AND SETBACKS SHOWN HEREON WERE GRANTED 6.
NOTED OTHERWISE.
CORNERS AND CRITICAL POINTS ALONG THE RIGHTS-OF-WAY, UNLESS
PLACED AT ALL CORNERS OF THE EXTERIOR BOUNDARY, LOT
5. UPON COMPLETION OF CONSTRUCTION, 5/8" REBAR SHALL BE
4. NO DIMENSIONS SHALL BE DERIVED FROM SCALE MEASUREMENT.
THEREOF.
3. ALL DIMENSIONS ARE GIVEN IN FEET AND DECIMAL PARTS
ZONE.
2. BEARINGS BASED ON NAD83 (2011) ILLINOIS STATE PLANE, EAST
DESCRIPTIONS AND APPLICABLE EXCEPTIONS TO TITLE.
SEPTEMBER 16, 2020, AND HAS BEEN USED FOR LEGAL
COMPANY, LLC ORDER NO. 2003139WF WITH AN EFFECTIVE DATE OF
COMMITMENT FOR TITLE INSURANCE ISSUED BY CHICAGO TITLE
1. THIS PLAT IS BASED IN PART ON INFORMATION CONTAINED IN
AMENDMENTS 1-15
LAKES NEIGHBORHOOD 1 CONDOMINIUM
LINES AS SHOWN ON THE DECLARATION OF LEGEND
NEIGHBORHOOD 1 PER DOC 2006R0067400 AND CONDO
PLAT OF SUBDIVISION OF LEGEND LAKES
EXISTING LOTS AND NEA'S AS SHOWN ON THE FINAL
2 3KMF
DAG
11-16-20
1"=50'
0
SCALE: 1" = 50'
505025
FINAL PLAT OF
12-18-20 REVISED CERTIFICATES KMF
LOT 14
LOT 13
LOT 12
LOT 11
LOT 26
LOT 27
LOT 28
LOT 10
LOT 9
LOT 29 251.29'58.75'
S89°54'14"W
4
9.1
2'
S
2
7°5
3'0
9"
E
123.83'
S62°06'51"W7
1.8
3'N2
7°5
3'0
9"W7
1.
8
3'
S
2
5
°
4
8'
0
9
"
E
123.83'S64°11'51"W
7
1.
8
3'N2
5
°
4
8'
0
9
"W100.09'N73°29'27"E
71.83'N66°40'31"
W 71.83'S66°40'31"E123.83'S23°19'29"W7
1.8
3'S
5
7°0
8'2
1"E71.83'
N34°51'36"W71.83'
S34°51'36"E
7
1.
8
3'N2
3
°
3
1'
2
1
"W7
1.
8
3'
S
2
3
°
3
1'
2
1
"E32.04'
N33°17'43"W2
5.
5
1'N2
1
°
5
2'
3
0
"W64.68'N12°10'58"W71.83'
N56°13'20"E
123.83'
S33°46'40"E
71.83'
S56°13'20"W
123.83'N81°26'09"E
71.83'S08°33'51"E48.13'N65°31'06"W46.73'N12°54'00"E71.83'N31°53'51"E1
2
3.8
3'
S
5
8°0
6'0
9"E71.83'S31°53'51"W71.83'N77°24'47"E
71.83'S77°24'47"W
152.48'S35°40'59"W4
6.5
4'
S
5
8°0
2'4
9"E4
6.8
5'N5
8°0
2'4
9"W10.00'S31°57'11"WNEA 23NEA 18
NEA 25
NEA 15
NEA 19
NEA 16
171.74'
143.25'
94
.39
'
N79
°52
'58
"W
N66°28'39"E 154.18'N08°33'51"W117.60'
120.80'
N89°57'58"E
41.54'
S66°28'39"W 154.18'
CB=S63°58'43"W
L=36.13'R=25.00'61.83'
N
74°37'01"WCB=N68°23'54"WL=28.22'R=130.00'N32°51'39"E161.52'N2
1
°
0
3'
3
5
"W1
3.
0
4'
N55°08'24"E 208.86'
N66°28'39"E 150.30'
N33°46'40"W167.77'
S & 0.35' W
1" FIP 1.34' 1.89' W
1.34' S &
1/2" FIP
25.35'N76°21'29"ECARRICK LANE60' ROW PER DOC 2006R0067400C
A
R
R
IC
K
LA
N
E60'
R
O
W
PE
R
D
O
C 2006R
0067400DRAPER ROAD
60' ROW PER DOC 2006R0067400
D
R
A
PER
R
O
A
D60'
R
O
W PER
D
O
C 2006R
0067400KINSALE LANE
2006R0067400
60' ROW PER DOC CITY OF MCHENRY PARK PROPERTYN88°25'58"E
26.48'
36.59' (R)117.58'
(R)UNSUBDIVIDED
10' MUE
1
0' MUE
EASEMENT
MANAGEMENT
STORMWATER 10'
M
U
E
10' MUE10' MUES73°48'06"E 125.12'
N
73°48'06"W
124.49'N12°37'07"E 69.93'S12°37'07"W 74.13'S04°55'04"E 179.61'N04°55'04"W 173.45'
20.22'123.83'10' MUES65°41'53"E 100.38'N5
7°0
8'2
1"W7
1.8
3'18.21'20.09'
N14°27'45"W S32°51'39"W123.83'S55°08'24"W 123.83'
123.83'S66°28'39"W 123.83'
123.83'
123.83'
N62°06'51"E 118.52'
S41°03'17"E
23.33'10'
MUE
N64°11'51"E 123.83'
S41°03'17"E 121.58'
91.92'N23°19'29"E123.83'N12°35'13"W123.83'S12°35'13"E123.83'N5
8°0
6'0
9"W1
2
3.8
3'71.83'
S81°26'09"W 123.83'
3
0' B
SL
30' BSL 50' BSL30' BSL
30' BSL
30'
B
SL30' BSLEASEMENT
MANAGEMENT
STORMWATER
S76°21'29"W
40.50'
2.48'
7.79'1.08' W1.07' N & 5/8" FIR S64°12'13"W
S67°43'06"W
S47°42'51"W
103.12'S23°21'34"W89.38'36.58'
S89°57'58"W
N79°03'29"E
S80°28
'37"E
60
.22
'S69°12'17"E58.94'S6
0°
0
5'
2
9"E5
4.
6
7'S49°43'58"E
66.58'
S37°20'33"E
88.01'
30' BSL
LOT 5
39.15'
N57°32'24"E
R=190.00'L=564.14'CB=N18°34'56"WR=130.00'L=385.99'CB=S18°34'56"ES00°02'02"E86.41'191.21'
BLANKET PUDE
BLANKET PUDE
PUDE
BLANKET
N85°14'31"E
71.72'R=335.00'L=256.70'CB=S44°31'33"W
R=275.00'L=197.72'CB=N45°52'50"E
LOT 3
PART OF
LOT 3
PART OF
LOT 3A
LOT 4A
2009R0006853
PER DOC
AMENDMENT
THIRTEENTH
2007R0057953
PER DOC
AMENDMENT
FOURTH
2007R0081223
PER DOC
AMENDMENT
FIFTH
2008R0037718
PER DOC
AMENDMENT
EIGHTH
2008R0062558
PER DOC
AMENDMENT
ELEVENTH
2009R0003045
PER DOC
AMENDMENT
TWELFTH
2009R00115522
PER DOC
AMENDMENT
FOURTEENTH
2009R0003045
PER DOC
AMENDMENT
TWELFTH
2008R0004590
PER DOC
AMENDMENT
SIXTH
PART OF LOT 3
2009R0049918
AND RERECORDED AS DOC
PER DOC 2009R0020341
FIFTEENTH AMENDMENT
2007R0041062
2006R0077102 AND
RECORDED AS DOCUMENTS
CERTIFICATES OF CORRECTION
PER DOC 2006R0067400 AND
LEGEND LAKES NEIGHBORHOOD 1,
2007R0041062
2006R0077102 AND
RECORDED AS DOCUMENTS
CERTIFICATES OF CORRECTION
PER DOC 2006R0067400 AND
LEGEND LAKES NEIGHBORHOOD 1,
2007R0041062
2006R0077102 AND
RECORDED AS DOCUMENTS
CERTIFICATES OF CORRECTION
PER DOC 2006R0067400 AND
LEGEND LAKES NEIGHBORHOOD 1,
2007R0041062
2006R0077102 AND
RECORDED AS DOCUMENTS
CERTIFICATES OF CORRECTION
PER DOC 2006R0067400 AND
LEGEND LAKES NEIGHBORHOOD 1, N:\3552\Survey\Proposed\Final\3552-PS-2.plt12/18/20209:27:14 AMILLINOIS FIRM LICENSE 184-002694
DESIGNED
DRAWN
APPROVED
DATE
SCALEDATEDESCRIPTION OF REVISION BY
CLIENT:SHEET
PROJECT NUMBER:
C
OF
(847)696-1400
www.mackieconsult.com
Mackie Consultants, LLC
9575 W. Higgins Road, Suite 500
Rosemont, IL 60018
MACKIE CONSULTANTS LLC, 2020
MACKIE CONSULTANTS
3552EAST DUNDEE, ILLINOIS 60118
SUITE 108
1141 EAST MAIN STREET
McHENRY, ILLINOIS
LEGEND LAKES - NEIGHBORHOD 1 RESUBDIVISION
LOCATION MAP
LOCATION
PROJECT
NOT TO SCALE
BULL VALLEYRIDGEDRAPER CURRANIL
-120CRYSTAL LAKEIL-31IL-31FINAL PLAT OF
BOUNDARY LINE
CHORD BEARINGCB=
LE
ARC LENGTH
CH=CHORD LENGTH
R=RADIUS
PUDE PUBLIC UTILITY & DRAINAGE EASEMENT
MUE MUNICIPAL UTILITY EASEMENT
LEGEND:
(M)
(R)
LANDSCAPE EASEMENT
MEASURED
RECORD
L=
EM ELECTRIC METER
FIR
FIP FOUND IRON PIPE
FOUND IRON ROD
SECTION LINE
EXISTING RIGHT-OF-WAY LINE
EXISTING LOT LINE
BUILDING SETBACK LINE (BSL)
EASEMENT LINE
NEA NON EASEMENT AREA
LEGEND LAKES - NEIGHBORHOOD 1 RESUBDIVISION
LOT AREA TABLE:
LOT #AREA SF
3A
4A
9
10
11
80,158
36,994
8,835
8,895
8,895
12 8,895
13 8,895
14 8,895
26 8,895
27 8,895
28 8,895
29 8,895
MINIMUM BUILDING SETBACKS
MINIMUM BUILDING SEPARATIONS
BUILDING REAR TO BUILDING REAR = 60 FEET
BUILDING SIDE TO BUILDING REAR = 40 FEET
BUILDING SIDE TO BUILDING SIDE = 30 FEET
GARAGE FACE TO GARAGE FACE = 60 FEET
SUPERSEDED BY THE FOLLOWING MINIMUM BUILDING SEPARATIONS:
DOCUMENTS 2006R0077102 AND 2007R0041062 ARE HEREBY
2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS
NEIGHBORHOOD 1 RECORDED SEPTEMBER 14, 2006 AS DOCUMENT
EXISTING MINIMUM BUILDING SEPARATIONS PER LEGEND LAKES
BUILDING TO CURRAN ROAD ROW LINE = 75 FEET
BUILDING TO INTERNAL ROAD ROW LINE = 30 FEET
BY THE FOLLOWING MINIMUM BUILDING SETBACKS:
2006R0077102 AND 2007R0041062 ARE HEREBY SUPERSEDED
CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS
SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND
ESTABLISHED PER LEGEND LAKES NEIGHBORHOOD 1 RECORDED
EXISTING BUILDING SETBACKS WITHIN THIS RESUBDIVISION AS
3 3KMF
DAG
11-16-20
1"=50'
0
SCALE: 1" = 50'
505025
FINAL PLAT OF
12-18-20 REVISED CERTIFICATES KMF
LOT 35
LOT 2LOT 1296.39'S89°24'56"W37.50'S46°34'43"
W123.83'N89°24'56"E123.83'S89°24'56"W123.83'N89°24'56"E123.83'S89°24'56"W48.43'
N55°31'48"E
71.83'N89°24'56"ENEA 34
NEA 31
NEA 33 N89°59'41"E95.91'S89°24'56"W97.15'CB=S66°15'15"EL=152.87'R=180.00'N89°24'56"E254.76'DRAPER ROAD60' ROW PER DOC 2006R0067400DRAPER ROAD60' ROW PER DOC 2006R0067400CURRAN ROAD
2002R0103432
ROW DEDICATED PER DOC
2006R0067400
PER DOC
SIGN EASEMENT CB=N88°54'09"EL=6.05'R=340.00'137.42' (R)
14.80'N48°04'02"ECIT
Y OF MCHENRY PARK PROPERTY10' MUES88°25'38"E
10.00'S89°24'56"W 71.83'N00°35'04"W 123.83'
123.83'
N00°35'04"W 71.83'
S00°35'04"E 71.83'
N00°35'04"W 71.83'
S00°35'04"E71.83'30' BSL30' BSL30' BSL
75' BSL
EASEMENT
MANAGEMENT
STORMWATER
EASEMENT
MANAGEMENT
STORMWATER
S00°40'59"W 137.40'N66°52'36"W112.71' 15.37'
N22°06'05"W
N00°03'33"E 106.92'
106.01'
N00°10'42"W 176.42'
S00°35'04"E 175.45'
N00°35'04"W
22.10'
2006R0067400
PER DOC
SIGN EASEMENT
60' ROW PER DOC 2006R0067400
WEDGEWOOD TRAIL
30' BSLS69°34'43"E70.22'BLANKET PUDE
BLANKET PUDE
BLANKET PUDE
LOT 1
PART OF
LOT 2
PART OF LOT 2
PART OF
45' BSL
LOT 1A
LOT 2A
2008R009636
PER DOC
AMENDMENT
SEVENTH
2008R0052131
PER DOC
AMENDMENT
TENTH
2009R0006853
PER DOC
AMENDMENT
THIRTEENTH 2007R0057953PER DOC AMENDMENT FOURTH 2007R00410622006R0077102 AND RECORDED AS DOCUMENTS CERTIFICATES OF CORRECTION PER DOC 2006R0067400 AND LEGEND LAKES NEIGHBORHOOD 1, 2007R00410622006R0077102 AND RECORDED AS DOCUMENTS CERTIFICATES OF CORRECTION PER DOC 2006R0067400 AND LEGEND LAKES NEIGHBORHOOD 1, 2007R0041062
2006R0077102 AND
RECORDED AS DOCUMENTS
CERTIFICATES OF CORRECTION
PER DOC 2006R0067400 AND
LEGEND LAKES NEIGHBORHOOD 1,
30' BSL
N:\3552\Survey\Proposed\Final\3552-PS-3.plt12/18/20209:15:41 AMILLINOIS FIRM LICENSE 184-002694
DESIGNED
DRAWN
APPROVED
DATE
SCALEDATEDESCRIPTION OF REVISION BY
CLIENT:SHEET
PROJECT NUMBER:
C
OF
(847)696-1400
www.mackieconsult.com
Mackie Consultants, LLC
9575 W. Higgins Road, Suite 500
Rosemont, IL 60018
MACKIE CONSULTANTS LLC, 2020
MACKIE CONSULTANTS
3552EAST DUNDEE, ILLINOIS 60118
SUITE 108
1141 EAST MAIN STREET
McHENRY, ILLINOIS
LEGEND LAKES - NEIGHBORHOD 1 RESUBDIVISION
FINAL PLAT OF
LEGEND LAKES - NEIGHBORHOOD 1 RESUBDIVISION
BOUNDARY LINE
CHORD BEARINGCB=
LE
ARC LENGTH
CH=CHORD LENGTH
R=RADIUS
PUDE PUBLIC UTILITY & DRAINAGE EASEMENT
MUE MUNICIPAL UTILITY EASEMENT
LEGEND:
(M)
(R)
LANDSCAPE EASEMENT
MEASURED
RECORD
L=
EM ELECTRIC METER
FIR
FIP FOUND IRON PIPE
FOUND IRON ROD
SECTION LINE
EXISTING RIGHT-OF-WAY LINE
EXISTING LOT LINE
BUILDING SETBACK LINE (BSL)
EASEMENT LINE
NEA NON EASEMENT AREA
LOT AREA TABLE:
LOT #AREA SF
1A
2A
1
2
35
8,088
36,178
8,895
8,895
8,895
MINIMUM BUILDING SETBACKS
MINIMUM BUILDING SEPARATIONS
BUILDING REAR TO BUILDING REAR = 60 FEET
BUILDING SIDE TO BUILDING REAR = 40 FEET
BUILDING SIDE TO BUILDING SIDE = 30 FEET
GARAGE FACE TO GARAGE FACE = 60 FEET
SUPERSEDED BY THE FOLLOWING MINIMUM BUILDING SEPARATIONS:
DOCUMENTS 2006R0077102 AND 2007R0041062 ARE HEREBY
2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS
NEIGHBORHOOD 1 RECORDED SEPTEMBER 14, 2006 AS DOCUMENT
EXISTING MINIMUM BUILDING SEPARATIONS PER LEGEND LAKES
BUILDING TO CURRAN ROAD ROW LINE = 75 FEET
BUILDING TO INTERNAL ROAD ROW LINE = 30 FEET
BY THE FOLLOWING MINIMUM BUILDING SETBACKS:
2006R0077102 AND 2007R0041062 ARE HEREBY SUPERSEDED
CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS
SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND
ESTABLISHED PER LEGEND LAKES NEIGHBORHOOD 1 RECORDED
EXISTING BUILDING SETBACKS WITHIN THIS RESUBDIVISION AS
SURVEYOR'S CERTIFICATE
LICENSE EXPIRES: NOVEMBER 30, 2022
ILLINOIS PROFESSIONAL LAND SURVEYOR NUMBER 035-003057
EMAIL: dgray@mackieconsult.com
DALE A. GRAY
_______________________________________
GIVEN UNDER MY HAND AND SEAL THIS _______ DAY OF ______________, 20__, IN ROSEMONT, ILLINOIS,
SUBJECT TO MAP INTERPRETATION AND SCALING.
MAP INTERPRETATION AND SCALING.
THE FLOOD INSURANCE RATE MAP, MAP NUMBER 17111C0205J, WITH AN EFFECTIVE DATE OF NOVEMBER 16, 2006. SUBJECT TO
HEREON DESCRIBED PROPERTY FALLS WITHIN ZONE "X", AREAS OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN AS IDENTIFIED BY
WE FURTHER CERTIFY THAT ACCORDING TO OUR INTERPRETATION OF THE FLOOD INSURANCE RATE MAPS THAT COVER THE AREA, THE
ILLINOIS MUNICIPAL CODE, AS AMENDED.
COMPREHENSIVE PLAN AND MAP AND IS EXERCISING THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 OF ARTICLE 11 OF THE
WE FURTHER CERTIFY THAT THE PROPERTY IS LOCATED WITHIN THE CITY OF MCHENRY ILLINOIS, WHICH HAS ADOPTED A
OF BEGINNING.
WEST, 176.42 FEET; 2) THENCE NORTH 89 DEGREES 59 MINUTES 41 SECONDS EAST, A DISTANCE OF 95.91 FEET, TO THE POINT
PLAT; THENCE ALONG SAID EASEMENT FOR THE FOLLOWING 2 COURSES; 1) THENCE NORTH 00 DEGREES 10 MINUTES 42 SECONDS
97.15 FEET, ALONG SAID SOUTH LINE OF LOT 1 TO A LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL
DEDICATED IN SAID LEGEND LAKES NEIGHBORHOOD 1; THENCE SOUTH 89 DEGREES 24 MINUTES 56 SECONDS WEST, A DISTANCE OF
THIRTEENTH AMENDMENT, BEING ALSO THE SOUTH LINE OF SAID LOT 1 AND THE NORTHERLY RIGHT OF WAY OF DRAPER ROAD AS
EAST ALONG THE WEST LINE OF SAID THIRTEENTH AMENDMENT, A DISTANCE OF 175.45 FEET TO THE SOUTH LINE OF SAID
CONDOMINIUM RECORDED FEBRUARY 13, 2009 AS DOCUMENT 2009R006853; THENCE SOUTH 00 DEGREES 35 MINUTES 04 SECONDS
BEGINNING AT THE NORTHWEST CORNER OF THE THIRTEENTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1
2006R0077102 AND 2007R0041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS
SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF
THAT PART OF LOT 1 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF
PARCEL 4
POINT OF BEGINNING.
FINAL PLAT, A DISTANCE OF 137.40 FEET (137.42 FEET RECORD), TO THE SOUTH LINE OF SAID LOT 2, AND ALSO BEING THE
SECONDS WEST ALONG THE EAST LINE OF SAID LOT 2, BEING ALSO THE WEST LINE OF WEDGEWOOD TRAIL AS DEDICATED ON SAID
AND A CHORD BEARING NORTH 88 DEGREES 54 MINUTES 09 SECONDS EAST; THENCE SOUTH 00 DEGREES 40 MINUTES 59
CURVATURE; THENCE EASTERLY 6.05 FEET ALONG AN ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 340.00 FEET
DEGREES 24 MINUTES 56 SECONDS EAST ALONG A NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 254.76 FEET, TO A POINT OF
AND A CHORD BEARING SOUTH 66 DEGREES 15 MINUTES 15 SECONDS EAST, TO A POINT OF TANGENCY; THENCE NORTH 89
152.87 FEET ALONG SAID NORTHERLY LINE BEING THE ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 180.00 FEET,
LOT 2, BEING ALSO THE SOUTHERLY RIGHT OF WAY OF DRAPER ROAD AS DEDICATED ON SAID FINAL PLAT; THENCE EASTERLY
FEET; 5) THENCE NORTH 48 DEGREES 04 MINUTES 02 SECONDS EAST, A DISTANCE OF 14.80 FEET TO A NORTHERLY LINE OF SAID
DEGREES 06 MINUTES 05 SECONDS WEST, 15.37 FEET; 4) THENCE NORTH 00 DEGREES 03 MINUTES 33 SECONDS EAST, 106.92
SECONDS WEST, 22.10 FEET; 2) THENCE NORTH 66 DEGREES 52 MINUTES 36 SECONDS WEST, 112.71 FEET; 3) THENCE NORTH 22
SAID STORMWATER MANAGEMENT EASEMENT FOR THE FOLLOWING 5 COURSES; 1) THENCE NORTH 00 DEGREES 35 MINUTES 04
OF 296.39 FEET, TO THE EAST LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT; THENCE ALONG
2007R0041062; THENCE SOUTH 89 DEGREES 24 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT, A DISTANCE
14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2 IN LEGEND LAKES NEIGHBORHOOD 1 FINAL PLAT, RECORDED SEPTEMBER
2006R0077102 AND 2007R0041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS
SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF
THAT PART OF LOT 2 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF
PARCEL 3
SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 167.77 FEET, TO THE POINT OF BEGINNING.
AND IT'S NORTHERLY EXTENSION THEREOF, AS DEPICTED ON SAID FINAL PLAT; THENCE NORTH 33 DEGREES 46 MINUTES 40
DISTANCE OF 150.30 FEET, TO THE EASTERLY LINE OF SAID FIFTEENTH AMENDMENT, BEING ALSO THE WESTERLY LINE OF NEA 26
FIFTEENTH AMENDMENT, BEING ALSO THE NORTHERLY LINE OF SAID NEA 27 AND IT'S NORTHEASTERLY EXTENSION THEREOF, A
SAID FIFTEENTH AMENDMENT; THENCE NORTH 66 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG A SOUTHERLY LINE OF SAID
26.48 FEET, TO THE WESTERNMOST CORNER OF NEA 27 AS DESCRIBED IN SAID FINAL PLAT, BEING ALSO A SOUTHERLY CORNER OF
NORTH 88 DEGREES 25 MINUTES 58 SECONDS EAST, ALONG SAID SOUTHERLY LINE OF FIFTEENTH AMENDMENT, A DISTANCE OF
EASTERNMOST CORNER OF SAID TWELFTH AMENDMENT, BEING ALSO A SOUTHERLY CORNER OF SAID FIFTEENTH AMENDMENT; THENCE
NEA 28 AS DEPICTED ON SAID FINAL PLAT AND IT'S SOUTHWESTERLY AND NORTHEASTERLY EXTENSION THEREOF, TO THE
DISTANCE OF 208.86 FEET ALONG THE SOUTHERLY LINE OF SAID TWELFTH AMENDMENT, BEING ALSO THE NORTHWESTERLY LINE OF
RECORDED JANUARY 23, 2009 AS DOCUMENT 2009R0003045; THENCE NORTH 55 DEGREES 08 MINUTES 24 SECONDS EAST, A
SOUTHERNMOST CORNER OF THE TWELFTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM
MINUTES 28 SECONDS WEST RECORD) ALONG THE EASTERLY LINE OF SAID SIXTH AMENDMENT, A DISTANCE OF 13.04 FEET TO THE
NORTHERNMOST CORNER OF NEA 29; THENCE NORTH 21 DEGREES 03 MINUTES 35 SECONDS WEST (NORTH 21 DEGREES 03
AMENDMENT, BEING ALSO SAID NORTHWESTERLY LINE OF SAID NEA 29 AND IT'S SOUTHWESTERLY EXTENSION, TO THE
DEGREES 51 MINUTES 39 SECONDS EAST, A DISTANCE OF 161.52 FEET ALONG THE SOUTHEASTERLY LINE OF SAID SIXTH
THE SOUTHWESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF NEA 29 AS DEPICTED ON SAID FINAL PLAT; THENCE NORTH 32
RECORDED JANUARY 24, 2008 AS DOCUMENT 2008R0004590, BEING ALSO THE INTERSECTION OF THE SAID RIGHT OF WAY LINE, AND
THE SOUTHERNMOST CORNER OF THE SIXTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM
NORTHERLY, HAVING A RADIUS OF 130.00 FEET, AND A CHORD BEARING NORTH 68 DEGREES 23 MINUTES 54 SECONDS WEST, TO
DISTANCE OF 61.83 FEET TO A POINT OF CURVATURE; 2) THENCE WESTERLY 28.22 FEET ALONG AN ARC OF A CURVE, CONCAVE
SOUTH LINE OF SAID LOT 4 FOR THE FOLLOWING 2 COURSES; 1) THENCE NORTH 74 DEGREES 37 MINUTES 01 SECONDS WEST, A
WAY OF CARRICK LANE AS DEDICATED IN SAID FINAL PLAT, BEING ALSO THE SOUTH LINE OF SAID LOT 4; THENCE ALONG SAID
CHORD BEARING SOUTH 63 DEGREES 58 MINUTES 43 SECONDS WEST, TO A POINT OF TANGENCY ON THE NORTHERLY RIGHT OF
THENCE WESTERLY 36.13 FEET ALONG THE ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET, AND A
FEET, AND A CHORD BEARING OF SOUTH 44 DEGREES 31 MINUTES 33 SECONDS WEST, TO A POINT OF REVERSE CURVATURE; 5)
CURVATURE; 4) THENCE SOUTHERLY 256.70 FEET ALONG AN ARC OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 335.00
TANGENCY; 3) THENCE SOUTH 66 DEGREES 28 MINUTES 39 SECONDS WEST, A DISTANCE OF 154.18 FEET TO A POINT OF
HAVING A RADIUS OF 130.00 FEET, AND A CHORD BEARING SOUTH 18 DEGREES 34 MINUTES 56 SECONDS EAST, TO A POINT OF
CURVATURE; 2) THENCE EASTERLY, SOUTHERLY, AND WESTERLY 385.99 FEET ALONG AN ARC OF A CURVE, CONCAVE WESTERLY,
NORTH 76 DEGREES 21 MINUTES 29 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 25.35 FEET TO A POINT OF
SOUTHERLY LINES OF SAID LOT 4, BEING ALSO THE RIGHT OF WAY OF DRAPER ROAD, FOR THE FOLLOWING 5 COURSES; 1) THENCE
POINT ON THE NORTH LINE OF LOT 4 AS DESCRIBED IN SAID FINAL PLAT; THENCE ALONG THE NORTHERLY, EASTERLY, AND
ON THE RIGHT OF WAY OF DRAPER ROAD AS DEDICATED ON SAID LEGEND LAKES NEIGHBORHOOD 1 FINAL PLAT, AND ALSO BEING A
1 CONDOMINIUM RECORDED AS DOCUMENT 2009R0020341 AND RERECORDED AS DOCUMENT 2009R0049918, BEING ALSO A POINT
BEGINNING AT THE NORTHERNMOST CORNER OF THE FIFTEENTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD
2006R0077102 AND 2007R0041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS
SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF
THAT PART OF LOT 4 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF
PARCEL 2
BEGINNING.
88.01 FEET; 7) THENCE NORTH 89 DEGREES 57 MINUTES 58 SECONDS EAST, A DISTANCE OF 41.54 FEET TO THE POINT OF
SOUTH 49 DEGREES 43 MINUTES 58 SECONDS EAST, 66.58 FEET; 6) THENCE SOUTH 37 DEGREES 20 MINUTES 33 SECONDS EAST,
MINUTES 17 SECONDS EAST, 58.94 FEET; 4) THENCE SOUTH 60 DEGREES 05 MINUTES 29 SECONDS EAST, 54.67 FEET; 5) THENCE
120.80 FEET; 2) THENCE SOUTH 80 DEGREES 28 MINUTES 37 SECONDS EAST, 60.22 FEET; 3) THENCE SOUTH 69 DEGREES 12
THENCE ALONG SAID EASEMENT FOR THE FOLLOWING 7 COURSES; 1) THENCE NORTH 79 DEGREES 03 MINUTES 29 SECONDS EAST,
DISTANCE OF 117.60 FEET TO A SOUTHERLY LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT;
DOCUMENT 2009R0049918; THENCE ALONG SAID SOUTHERLY EXTENSION NORTH 08 DEGREES 33 MINUTES 51 SECONDS WEST, A
DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM RECORDED AS DOCUMENT 2009R0020341 AND RERECORDED AS
NEA 14 AS DEPICTED ON SAID FINAL PLAT AND ALSO BEING THE EASTERLY LINE OF THE FIFTEENTH AMENDMENT TO THE
DEGREES 21 MINUTES 29 SECONDS WEST, A DISTANCE OF 40.50 FEET TO THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF
AND A CHORD BEARING NORTH 18 DEGREES 34 MINUTES 56 SECONDS WEST TO A POINT OF TANGENCY; 4) THENCE SOUTH 76
NORTHERLY, AND WESTERLY, 564.14 FEET ALONG AN ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 190.00 FEET,
66 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF 154.18 FEET TO A POINT OF CURVATURE; 3) THENCE EASTERLY,
FEET, AND A CHORD BEARING NORTH 45 DEGREES 52 MINUTES 50 SECONDS EAST TO A POINT OF TANGENCY; 2) THENCE NORTH
4 COURSES; 1) THENCE NORTHERLY 197.72 FEET ALONG AN ARC OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 275.00
THE RIGHT OF WAY OF DRAPER ROAD AS DEDICATED BY SAID FINAL PLAT; THENCE ALONG SAID RIGHT OF WAY FOR THE FOLLOWING
13 SECONDS WEST, 143.25 FEET; 6) THENCE NORTH 79 DEGREES 53 MINUTES 58 SECONDS WEST, A DISTANCE OF 94.39 FEET TO
FEET; 4) THENCE SOUTH 67 DEGREES 43 MINUTES 06 SECONDS WEST, 171.74 FEET; 5) THENCE SOUTH 64 DEGREES 12 MINUTES
23 DEGREES 21 MINUTES 34 SECONDS WEST, 89.38 FEET; 3) THENCE SOUTH 47 DEGREES 42 MINUTES 51 SECONDS WEST, 103.12
COURSES; 1) THENCE SOUTH 89 DEGREES 57 MINUTES 58 SECONDS WEST, 36.58 FEET (38.59 FEET RECORD); 2) THENCE SOUTH
STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT; THENCE ALONG SAID EASEMENT FOR THE FOLLOWING 6
THE LAST DESCRIBED COURSE SOUTH 00 DEGREES 02 MINUTES 02 SECONDS EAST, 251.29 FEET TO THE NORTHERLY LINE OF A
STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT FOR THE POINT OF BEGINNING. THENCE CONTINUING ALONG
MINUTES 02 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 289.47 FEET TO THE SOUTH LINE OF A
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3 IN LEGEND LAKES NEIGHBORHOOD 1; THENCE SOUTH 00 DEGREES 02
2006R0077102 AND 2007R0041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS
SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF
THAT PART OF LOT 3 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF
PARCEL 1:
HEREIN DRAWN IS A CORRECT REPRESENTATION OF SAID SURVEY, SUBDIVISION AND PLAT:
HAVE SURVEYED, SUBDIVIDED AND PLATTED FOR THE OWNER THEREOF THE FOLLOWING DESCRIBED PROPERTY AND THAT THE PLAT
WE, MACKIE CONSULTANTS, LLC, AN ILLINOIS PROFESSIONAL DESIGN FIRM NUMBER 184-002694, DO HEREBY CERTIFY THAT WE
COUNTY OF COOK)
)SS
STATE OF ILLINOIS)
CURRAN ROADSUBJECT PROPERTY
SUBJECT PROPERTYDRAPER ROADDRAPER ROADWIMBLETON TRAILOJIBWA LANECONSULTANTS:
DESCRIPTION
INDEX OF SHEETS
SHEET NO.
0 COVER SHEET
1 LANDSCAPE PLAN
2 FOUNDATION LANDSCAPE DETAIL
3 LANDSCAPE SPECIFICATIONS
4 LANDSCAPE SPECIFICATIONS
LOCATION MAP
SCALE: 1"=400'
LANDSCAPE ARCHITECT:
GARY R. WEBER ASSOCIATES, INC
402 WEST LIBERTY DRIVE
WHEATON, ILLINOIS 60187
Townhome Landscape Plan
LEGEND LAKES
McHenry, Illinois
November 24, 2020
NEA 29NEA 28NEA 27NEA 26NEA 9NEA 10NEA 11NEA 12NEA 13NEA 14CARRICK LANEDRAPER ROADDRAPER ROADPART OF LOT 3PARTOF LOT4NEA 1NEA 2NEA 35DRAPER ROADWEDGEWOOD TRAILPART OFLOT 2LANDSCAPE PLAN1SHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS:
LEGEND LAKES
McHENRY, ILLINOIS
11.24.2020LN1829NESGFBOF 41141 E. MAIN ST. #108EAST DUNDEE, IL 60118CLIENTGENERAL NOTES025'50'100'150'SCALE: 1"=50'NORTHKnow what'sbelow.before you dig.CallRPLANT LISTPLANTING DETAILSPERENNIALS AND GROUNDCOVERSNOT TO SCALENOT TO SCALEDECIDUOUS AND EVERGREEN SHRUBSDECIDUOUS TREESNOT TO SCALE
TYPICAL FOUNDATION LANDSCAPE PLAN2SHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS:
LEGEND LAKES
McHENRY, ILLINOIS
11.24.2020LN1829NESGFBOF 41141 E. MAIN ST. #108EAST DUNDEE, IL 60118CLIENT05'10'20'30'SCALE: 1"=10'Know what'sbelow.before you dig.CallRTYPICAL FOUNDATION LANDSCAPE PLAN(BUILDINGS 11, 14, 26, 29, 35) TYPICAL PLANT LIST - A(BUILDINGS 1, 9, 12, 27) TYPICAL PLANT LIST - B(BUILDINGS 2, 10, 13, 28) TYPICAL PLANT LIST - C
SPECIFICATIONS3SHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS:
LEGEND LAKES
McHENRY, ILLINOIS
11.24.2020LN1829NESGFBOF 41141 E. MAIN ST. #108EAST DUNDEE, IL 60118CLIENTKnow what'sbelow.before you dig.CallRI. GENERAL SPECIFICATIONSA.Scope of Work1.This work shall consist of preparing the planting beds, seedbed or ground surface, and furnishing,transporting and placing plants, mulch, seed, sod, fertilizer and other materials required in the specifiedoperations.2. Planting required for this work is indicated on the Landscape Plans and, in general consists of the following:a.The establishment of trees, shrubs, perennials, annuals, lawn and natural areas as shown on theLandscape Plans;b. The provision of post-planting management as specified herein;c.Any remedial operations necessary for conformance with The Landscape Plans as specified in thisdocument;d.The design, furnishing and installation of a complete underground sprinkler system at locations noted onplan.B.General1.PermitsThe Landscape Contractor shall be responsible for obtaining any permits required for the completion of thework and shall be responsible for the cost of the same.2.Field VerificationUpon notice to begin work the Landscape Contractor shall verify all existing conditions of the site and shallreport any conditions that will impede the beginning of work to the Landscape Architect in writing. TheLandscape Contractor shall examine areas, conditions, grades, soils and water levels under which work is tobe performed and notify the Landscape Architect of conditions detrimental to the proper and timelycompletion of the work.3.Existing UtilitiesThe Landscape Contractor shall verify location of all underground utilities before construction. ContactJ.U.L.I.E at 1.800.892.0123; 48 hours prior to digging. Notification of any disturbance of existing utilities shallbe given to the Landscape Architect immediately. Should uncharted or incorrect utilities be encountered,notify the Landscape Architect immediately.4.Inspections of ProjectDuring the construction period, all phases of work shall be available for inspections by the LandscapeArchitect. All plant material shall be subject to inspection and approval, and the Landscape Architect reservesthe right to reject any plants which fail to meet the standards of this inspection. The Landscape Architectreserves the right to inspect nursery stock either at place of growth or at site for compliance withrequirements of variety, size and quality.C.Quality Assurance1.The Landscape Contractor shall provide at least one person who shall be present at all times duringexecution of this portion of the work and who shall be thoroughly familiar with the type of materials beinginstalled and the best methods for their installation and who shall direct all work performed under this Sectionand shall comply with work site requirements.2.The Landscape Contractor must verify with the Landscape Architect at the commencement of work that hehas the most current set of plans for the project and that one set of the current plans, clearly marked “FieldSet”, must be on the jobsite at all times.3.The Landscape Contractor shall provide protection for structures, utilities, roads, trees and vegetation fromdamages caused by settlement, undermining, washout and other hazards created by landscape operations.4.The Landscape Contractor shall provide and maintain fences, planking, guard lights, barricades, warningsigns and guards as necessary for protection of material storage, curbs, sidewalks, streets, drives andadjoining property.5.Any damage to utilities, structures, plantings, or lawns which result from the Landscape Contractor's courseof work will be repaired at the Landscape Contractor's expense, to the satisfaction of the LandscapeArchitect, in a reasonably timely manner with as little inconvenience to the Owner as possible.6.Existing trees, shrubs and plant material to remain shall be protected. Damage to existing plants which resultfrom the Landscape Contractor's course of work shall be repaired by a qualified nurseryman or replaced withapproved material per village ordinance at the expense of the Landscape Contractor.7.All planting techniques and methods shall be consistent with the latest edition of “Horticulture Standards ofNurseryman” and as detailed on the drawings.8.Landscape Contractor shall maintain all relevant erosion control devises destroyed or disrupted duringlandscape installation. Erosion control devises include measures shown on the approved erosion controlplans, plus any additional measures deemed necessary by the Owner or public agency having jurisdictionover erosion control. Erosion control devices include, but are not limited to, silt fence, straw bales, erosioncontrol logs, filter fabric in storm structures, filter baskets ditch checks and siltation basins.D.Substitutions1.Substitution from the approved plans will be accepted only when satisfactory evidence in writing is submittedto the Landscape Architect,showing that the plant specified is not available.2.Landscape Contractor shall submit request for approval to substitute plant material available and shallinclude Common and Botanical names and size of substitute material.3.Only those substitutions of equivalent size and having essential characteristics similar to the originallyspecified material will be approved.4.Acceptance or rejection of substitute plant materials will be issued in writing by the Landscape Architect,following approval by CalAtlantic Homes and the governing Municipality or Regulatory Agency.5.Any unauthorized substitutions will be removed and replaced by the Landscape Contractor at the expense ofthe Landscape Contractor.E.Submittals1.Nursery List: In Bid Proposal Form Landscape Contractor shall identify a list of area nurseries from wherenursery stock for the job will be obtained.2.Materials List: Before any plant materials are delivered to the job site, submit to the Landscape Architect acomplete list of all plants and other items to be installed and the nursery sources.3.Certification of Inspection: Shall accompany each shipment of plants as may be required by law fortransportation. File certificates with the Landscape Architect prior to acceptance of the material. Inspection byFederal or State authorities at place of growth does not preclude rejection of the plants at the site.4.Planting Schedule: Submit proposed planting schedule with dates for review and inspection of plants by theLandscape Architect prior to planting.5.Soil Tests: Submit two (2) copies of soils test of existing topsoil with recommendations for soil amendmentsfor Landscape Architect's review.6.Seed: Submit seed vendor's certification for required grass seed mixture, indicating percentage by weight,and percentage of purity, germination, and weed seed for each grass species and date tested.7.Sod: Submit sod grower's certification of grass species. Identify source location in Bid Proposal Form.8.Mulch and Erosion Control Blankets: Submit two (2) sample of shredded hardwood bark mulch, erosioncontrol blankets, and all other products and materials as specified on plans to Landscape Architect forreview and written approval.9.Maintenance Instructions: Submit to the Landscape Architect typewritten instructions recommendingprocedures to be established by the Owner for the maintenance of landscape work after preliminaryacceptance of plantings and turf areas. Submit prior to beginning of warranty period. Instructions shallinclude: watering, fertilizing, spraying, mulching and pruning for plant material and trimming groundcover.Instructions for watering, fertilizing and mowing grass areas shall be submitted prior to request for preliminaryinspection for acceptance.F.Product Handling1.Delivery and Storagea.Deliver all items to the site in their original containers with all labels intact and legible at the time ofinspection.b.Immediately remove from the site all plants which are not true to name and all materials which do notcomply with the provisions of these Specifications.c.Use all means necessary to protect plant materials before, during, and after installation and to protectthe installed work and materials of all other trades.d.Cover all plant material transported in open vehicles with a protective covering to prevent windburn.2.Time of Plantinga.All planting shall be performed during favorable weather conditions and only during normal and acceptedplanting seasons when satisfactory growing conditions exist.b.The planting operations shall not be performed during times of extreme drought, when ground is frozenor during times of other unfavorable climatic conditions unless otherwise approved by the LandscapeArchitect. The Landscape Contractor assumes full and complete responsibility for such plantings andoperations.G.Materials1.Plant MaterialProvide plants typical of their species or variety with normal, densely developed branches and vigorous,fibrous root systems. Provide only sound, healthy, vigorous plants free from defects, disfiguring knots,sunscald injuries, frost cracks, abrasions of the bark, plant diseases, insect eggs, borers, and all forms ofinfestation. All plants shall have a fully developed form without voids and open spaces.a.Balled and burlapped plants shall have a firm natural ball of earth of sufficient diameter and depth toencompass the fibrous and feeding root system necessary for full recovery of the plant. Provide ballsizes complying with the latest edition of the “American Standard for Nursery Stock”. Cracked ormushroomed balls are not acceptableb.Tree spade transplanting is acceptable for plants 6” caliper and larger after acceptance of plant by theLandscape Architect. Tree spade must be of a size generally accepted in the trade to safely move thetree size.c.Container grown stock shall be grown in a container for a sufficient length of time for the root system tohave developed to hold its soil together, firm and whole.(i)No plants shall be loose in the container.(ii) Container stock shall not be pot bound.(iii) All container plants used on the project shall conform to the sizes indicated on the plant list and on the drawings.d.No evidence of wounds and/or pruning cuts shall be permitted unless approved by the LandscapeArchitect.e.When specified by caliper, provide shade and ornamental trees with a single main trunk. When specifiedby height, provide shade and ornamental trees as multi-stemmed plants with not less than three maintrunks and side branches that are generous and well twigged.f.Evergreen trees shall be branched to the ground unless otherwise specified and accepted.g.Provide plants matched in form when arranged in groups.h.All plants shall be nursery grown under climatic conditions similar to those in the locality of the project fora minimum of two years. Comply with sizing and grading standards of the latest edition of “AmericanStandards of Nursery Stock” A plant shall be dimensioned as it stands in its natural position. No plantsshall be loose in the container.(i)Shade Tree and Ornamental Tree caliper shall be measured at a point on the trunk six (6) inchesabove natural ground line for trees up to and including four (4) inches in diameter, and at a pointtwelve (12) inches above the natural ground line for trees over four (4) inches in diameter.(ii) Height of Evergreen Trees is measured from the natural ground line to the first lateral branch closest to the top.(iii) Height of Clump Ornamental Trees is measured from the natural ground line to the beginning last year's growth.(iv) Shrub and small plants shall meet the requirements for spread and/or height indicated on the plant list and with not less than the minimum number of canes required by ANSI Z60.1 for the type and height of shrub required.2.Sub-drainage Systemsa.Provide piping types and sizes indicated. Provide matching reducers, adapters, couplings, fittings andaccessory components to ensure continuity of the sub-drainage system.i)Plastic tubing shall be ASTM F405, corrugated Polyethylene drainage tubing, perforated or solid asrequired.ii) Sub-drainage fill shall be AASHTO M43 (3/8” to 3/4”) clean uniformly graded stone or gravel.iii) Sub-drainage filter fabric shall be DuPont “Typar” or other non-woven porous polypropylene fabric approved by the Landscape Architect.3.Grass Seeda.All seeds shall be guaranteed by the vendor to be true to name and variety.b.Seed mixtures shall be fresh, clean new crop with a tolerance for purity and germination established bythe Official Seed Analysts of North America. Seed will not contain any noxious weed seeds.c.Seed mixtures shall be proportioned by weight and shall be as specified on the drawings. If no seed mixis specified, the following general turf seed mix shall be used:65% Improved Kentucky Bluegrass (minimum three (3) varieties)25% Improved Perennial Ryegrass (minimum two (2) varieties with endophytes)10% Creeping Red FescueIf this general turf seed mix is used, the Landscape Contractor must submit the vendor's seed varieties,composition and application rate to the Landscape Architect for approval prior to ordering.4.Erosion Control Blanketa.Futerra environet seed blanket matting shall be used. Secure with 4” biostakes.5.SodSod used shall be an approved blend of improved Kentucky Bluegrass (such as: Midnight, Allure, Viva,Washington and Liberty) with a mineral back that is adapted to the locality of work. It shall be either nurserygrown or field grown and be well rooted. The consistency of adherent soil shall be such that it will not break,crumble, or tear during handling and placing of the sod. Landscape Architect reserves the right to rejectunacceptable sod.a.Each piece of sod shall be well covered with turf grass, shall not be less than two (2) years old, shall befree from noxious weeds and other objectionable plants, and shall not contain substances injurious togrowth.b.All sod used shall comply with state and federal laws with respect to inspection for plant diseases andinsect infestation.c.Each sod shipment shall be accompanied by an invoice from the vendor giving quantity and certifyingthat the sod received meets all requirements contained in these specifications.6.Seed Fertilizera.Fertilizer for seeded areas shall be a granular non-burning product from a commercial source composedof not less than 50% organic slow acting, guaranteed analysis professional fertilizer, uniform incomposition, free flowing and suitable for application with approved equipment. Fertilizer types andratios shall be as follows:i)Starter fertilizer with an approximate analysis of 13-25-12 at the rate of 4 lbs. per 1,000 S.F. orsimilar composition approved by the Landscape Architect.ii)Post emergent fertilizer with an approximate analysis of 25-0-5 at a rate of 4 lbs. per 1,000 S.F. orsimilar composition approved by the Landscape Architect.7.Sod Fertilizera.Fertilizer for sod areas shall be a granular non-burning professional product from a commercial source,uniform in composition, free flowing and suitable for application with approved equipment. Fertilizer ratioshall be a ratio of 13-25-12 at the rate of 4 lbs. per 1,000 S.F.8.Plant Fertilizera.Fertilizer for plants shall be a granular non-burning standard commercial grade product, uniform incomposition, free flowing and suitable for application with approved equipment and an analysis of14-14-14 at the rate of 6 lbs. per 1,000 S.F.9.Native Planting MixturesProvide fresh, clean, new crop of the species and proportions as specified. Native seed and live plantmaterial shall be obtained from a reputable supplier (approved by Landscape Architect) that hascollected from sources west of the Mississippi River within the same EPA Level III Ecoreqion as theproject site (Central Corn Belt Plains). Any material sourced from outside this ecoregion must beapproved by the Landscape Architect prior to installation.For each species, the amount of seed indicated on the specifications shall mean the total amount of purelive seed (PLS) per acre. Seed tags and PLS testing information shall be provided to the LandscapeArchitect prior to seeding.It is the sole responsibility of the Native Landscape Contractor to provide approved seed that meetsindustry-standard PLS requirements.10. Mulcha.Mulch for tree and shrub planting beds shall be dark shredded hardwood bark mulch, six month old, notlarger than 4” in length and 1/2” in width, free of woodchips and sawdust. Submit sample to LandscapeArchitect for approval.b.Mulch for perennial flower, annual flower and groundcover planting beds shall be pinebark fines. Submitsample to Landscape Architect for approval.11. Topsoila.Topsoil shall be available adjacent to the community site for use on project or in backfill mixes asspecified. Initial fine grading to be done by Excavation Contractor.b.Touch up movement and placement of this topsoil shall be at the sole expense of the LandscapeContractor.c.Topsoil stockpile placement will be coordinated with Excavator to ensure easy access to Contractor.12. Planting Bed Soil Mixture (Perennial, Annual and Groundcover Beds)a.Provide planting soil mixture consisting of equal parts cooled mushroom compost and pinebark fines(Same as Midwest Trading CM30 mix) at 1 C.Y. per 100 S.F. incorporated into all perennial, annual andgroundcover areas. Planting pits shall be excavated and fill with friable topsoil (stockpiled at site) to adepth of 8” prior to adding and incorporating planting bed soil mixture.13. Accessoriesa.Water: Water provided by the Landscape Contractor shall be free of substances harmful to plantgrowth. All necessary hose piping, tank truck and other methods of transportation shall be supplied bythe Landscape Contractor.b.Downspout Splash Areas:i)Downspout splash areas in lawns shall be 24” concrete splash blocks.ii)Downspout splash areas in mulch shall be washed gravel sub-base 0.5-0.75” diameter and 3-4”diameter granite cobblestone surface with geotextile filter fabric lining sides and bottom of trench.c.Sand: Sand shall be coarse “torpedo” sand.d.Pea gravel: Pea gravel shall be 1/8” to 1/4” washed gravel.e.Retaining Walls: Retaining walls must always be installed in strict compliance with manufacture'srecommendations for sizing and reinforcementi)Retaining wall material shall be as specified on the drawings or as approved by the LandscapeArchitectf.Anti-Desiccant: Anti-Desiccant shall be an applicable emulsion which forms a transparent protective filmover plant surface, permeable enough to permit transpiration. (Wilt-Pruf, manufactured by NurserySpecialty Products, Inc. or approved equal).g.Herbicide: Herbicide shall be a granular form of herbicide applied in shrub and ground cover beds instrict accordance with the manufacturer's directions and recommendations. Acceptable products are“Treflan”, “Ronstar” or approved equal.H.Installation and Execution1.Inspectiona.Prior to all work of this Section, carefully inspect the installed work of all other trades and verify thatsuch work is complete to the point where this installation may properly commence. Verify that plantingmay be completed in accordance with the original design and the referenced standards. Work willcommence only when satisfactory conditions exist.b.Check that grading, including spreading of topsoil and all other sub-surface work in lawn areas havebeen completed and accepted by CalAtlantic Homes. Start of work in this section shall constituteacceptance of grade. Lawn irrigation system must be completed and in operation before seeding andsodding begins.c.Saturate and fill tree and shrub pits with water to test drainage before planting. Provide gravel drains andventing tubes at pits, which are more than half full of water after 24 hours.d.Landscape Contractor shall notify the Landscape Architect prior to plant installation. The LandscapeArchitect, at his discretion, may inspect all plant material and layout prior to planting.2.PreparationTrees, Shrubs, Perennials, Annuals and Groundcoversa.Planting shall be performed only by experienced workmen familiar with planting procedures under thesupervision of a qualified supervisor.b.Locate plants as indicated or as approved in the field by the Landscape Architect after staking by theLandscape Contractor. If obstructions are encountered that are not shown on the drawings, do notproceed with planting operations until alternate locations have been selected by the LandscapeArchitect.c.Excavate circular plant pits with tapered sides as shown on the drawing details. In general, all plant pitsshall have a rounded bottom with the depth of the pit equal to the depth of the ball to be planted. Thediameter of the pit shall be a minimum of two (2) times the width of the ball.d.Excavate all clay and debris to 8” depth beneath all perennial, ornamental grass, annual flower, andgroundcover beds. Backfill with 12” amended topsoil, thus resulting in all these areas being elevated orcrowned by 4” wherever site drainage allows.Seeding and Soddinga.Seed and sod bed preparation shall not be started until all stones, boulders, debris, and similar materiallarger than 1 inch in diameter have been removed. The area to be seeded shall be worked to aminimum depth of 6 inches with a disk or other equipment, reducing all soil particles to a size not largerthan 1 inch in the largest dimension. Bed prep shall occur on the contour, where possible. Theprepared surface shall be relatively free from all weeds, stones, roots, sticks, rivulets, gullies, crustingand caking. Do not overwork or powder final seedbed.b.Upon completion of the above, any rocks or stones larger than one (1) inch in diameter shall be removedfrom the surface prior to seeding. If excessive amount of rocks are present in native soil Contractorshould contact the Landscape Architect immediately.c.Landscape Contractor shall remove all debris and dispose of such material legally off-site.d.The areas to be seeded shall be assumed to be at final grades established by Excavator. TheLandscape Contractor, however, shall be responsible for the proper drainage of the entire area. TheLandscape Contractor shall fine grade all turf areas including any grading necessary to eliminateponding of water, ruts or ridges. Limit preparation to areas which will be grassing within 48 hours.e.Immediately prior to the seed and sod bed preparation, specified fertilizer nutrients shall be uniformlyspread at the following rate:i)5 lbs. per 1000 S.F.f.Final surface of topsoil immediately before seeding shall be within plus or minus 1/2” of requiredelevation, with no pockets or low spots in which water can collect. Restore prepared areas to specificcondition if eroded, settled, or otherwise disturbed after fine grading and prior to seeding or sodding.Finish grade surface with a drag or rake, Round out all breaks in grade, smooth down all lumps andridges, fill in all holes and crevices.g.In the event of settlement, re-adjust the work to required finish grade.3.PlantingPlant nursery stock immediately upon delivery to the site and approval by the Landscape Architect. Ifimmediate planting is not possible a holding area on-site must be established in a location approved byCalAtlantic Homes. All plant material in the holding area must have the rootball heeled in damp mulch and beprotected from excessive sun and wind. The Landscape Contractor must operate and maintain the holdingarea in a neat and orderly appearance.All planting shall be performed during favorable weather conditions and only during normal and acceptedplanting seasons when satisfactory growing conditions exist. The planting operations shall not be performedduring times of extreme drought, when ground is frozen or during times of other unfavorable climaticconditions unless otherwise approved by the Landscape Architect. The Contractor assumes full andcomplete responsibility for such plantings and operations.Trees and Shrubsa.Set plant material in the planting pit to proper grade and alignment. Set plants upright, plumb and facedto give best appearance or relationship to each other or adjacent structure. Set plant material 2” abovethe adjacent grade. The Contractor is responsible for planting to correct grades and alignment and allplants shall be set so that when settled will bear the same relationship to finished grade as they didbefore being transported.b.Remove all non-biodegradable strings and twine from top of ball. Remove non-biodegradable burlapfrom to 1/3 of ball after the tree is set in the planting hole. The wire basket should remain. Fold the topportion of the wire basket into the hole.c.Any topsoil excavated from plant pits shall be used in the backfill soil mixture. No filling will be permittedaround trunks or stems. Backfill the pit with topsoil. Do not use frozen or muddy mixture for backfilling.Form a ring of soil around the edge of each planting pit to retain water.d.After setting plants in pit to proper grade compact 6” of soil around base of ball. Fill the entire plantinghole with water and allow to soak in. Gradually backfill remaining space around the ball or roots andcompact the soil thoroughly using water to eliminate all voids and thoroughly soak the plant root ball.e.Within 24 hours of planting slowly re-water the plant thoroughly soaking the root ball again.f.Install enough topsoil to insure finished grades are met after settling.g.All excess soil, other than topsoil, excavated from pits, shall be removed from the holes and left on sitein locations designated by CalAtlantic Homes.h.After planting apply specified commercial pre-emergent herbicide per manufacturer's directions to allshrub beds.Perennials, Ornamental Grasses, Annual Flowers and Groundcoversa.Where perennials, ornamental grasses, annual flowers and groundcovers are specified on the plans,prepare entire plant bed incorporating a 1 C.Y. layer of planting soil mixture per 100 S.F. Incorporatecommercial 14-14-14 fertilizer into prepared soil mixture at a approximate rate of 6 lbs. per 1000 S. F.b.Space plants in accordance with dimensions indicated on the plans. Adjust spacing as necessary toevenly fill planting bed with indicated quantity of plants. Plant to within 18” of the trunks of trees andshrubs or at edge of plant ball whichever is closest. Plant to within 12” of edge of bed.c.After planting apply specified commercial pre-emergent herbicide per manufacturer's directions to allplanting beds. Confirm herbicide compatibility with all plant material in beds and notify the LandscapeArchitect immediately if a conflict exists.Seedinga.Install seed under favorable weather conditions unless approved by the Landscape Architect. Theconditions of the guarantee apply regardless of the date of installation. The generally accepted times forseeding are:Spring - April 1st to June 15thFall - September 15th to just before first frostb.Seed indicated areas within contract limits and areas adjoining contract limits disturbed as a result ofconstruction operations.c.Seed with specified seed mix at rate specified on the drawings or at a rate of 5 lbs. per 1000 S.F.d.Broadcast Seeding: Using a broadcast seeder, sow seed evenly over entire area by sowing equalquantities in two directions at right angles to each other. Do not seed when wind speed exceeds five (5)miles per hour. Seeding by hand is not allowed.e.Following seeding the area shall be lightly raked to incorporate seed into top 1/8” to 1/4” of soil.Remove all stones and other debris greater than 1 inch in any dimension which are visible shall beremoved and disposed of legally off-site. Areas shall then be smoothed by rolling with a hand roller.f.Mechanical Seeding: Using a “Brillion-type” seeder and cultipacker, sow seed evenly over entire areasowing equal quantities in two directions at right angles to each other. Using this method raking androlling is not required.g.Following seeding, all seed areas will be covered with specified erosion control seed matting and stapledin place.h.Following seeding, raking and matting, the entire area shall be watered by use of lawn sprinklers orother means approved by the Landscape Architect. Landscape Contractor shall assure initial wateringcontinues until the equivalent of two inches of water has been applied to entire seed surface, at a ratewhich will not dislodge the seed.i.Landscape Contractor shall assure watering is repeated thereafter as frequently as required to preventdrying of the surface and to ensure proper establishment.j.Landscape Contractor shall mow the lawn area as soon as top growth reaches a 3 inch height. Cut backto 2 inch height. Not more than 33% of grass leaf shall be removed at any single mowing. The contractshall include a minimum of 3 (three) mowings. Repeat mowing as required to maintain specific heightuntil Landscape Architect issues preliminary acceptance of completed work.k.It shall be the Landscape Contractor's responsibility to determine and implement whatever proceduresdeemed necessary to establish the turf as part of the work. Reseed bare areas and provide erosioncontrol as necessary until complete establishment achieved.l.Areas of seed installation will not be accepted unit it meets the growth coverage specifications detailedby Illinois Department of Transportation.Soddinga.Transport sod in either a closed van or in properly covered open trucks.b.Maintain sod in a moist condition from cutting until placement. Any sod that has dried out, or excessivelyheated will be rejected and shall be immediately removed and legally disposed of off-site by theLandscape Contractor. Replacement of rejected sod shall be at the expense of the LandscapeContractor.c.Sod shall be placed within 24 hours of cutting. Do not use sod cut for more than 24 hours without theapproval of the Landscape Architect.d.Sod shall be placed when the ground is in a workable condition and temperatures are less than 90oF.Do not lay dormant sod or install sod on saturated or frozen soil or during an extended drought.e.The sod shall be placed on the prepared surface with the edges in close contact and alternate coursesstaggered. Lay sod to form a solid mass with tightly-fitted joints. Butt ends and sides of sod strips. Donot overlay edges. Stagger strips to offset joints in adjacent courses. Remove excess sod to avoidsmothering of adjacent grass. Provide sod pad top flush with adjacent curbs, sidewalks, drains, andseeded areas.f.In ditches, the sod shall be placed with the longer dimension perpendicular to the flow of water in theditch. On slopes, install preliminary row of sod in a straight line, starting at the bottom of the slope, thesod shall be placed with the longer dimension parallel to the contours of the ground. Place subsequentrows parallel to and lightly against previously installed row. The exposed edges of sod shall be buriedflush with the adjacent soil.g.All sod shall be rolled with a light drum roller to ensure contact with sub-grade, uniformity and foster rootknitting.h.The sod shall be staked on all slopes of 3:1 or steeper to prevent slippage. Sod shall be staked with ±2stakes per square yard of sod as necessary to stabilize with at least one stake for each piece of sod.i.Sodded areas shall be watered to ensure proper establishment. Sod shall be watered thoroughly withfine spray immediately after laying and not be allowed to dry out. Any sod that has shrunk shall bereplaced. Landscape Contractor shall assure initial watering continues until the equivalent of two inchesof water has been applied to entire sod surface, at a rate which will not dislodge the sod.j.Landscape Contractor shall assure watering is repeated thereafter as frequently as required to preventdrying of the surface and watering shall continue through preliminary acceptance to ensure properestablishment.k.Landscape Contractor shall mow the lawn area as soon as top growth reaches a 3 inch height. Cut backto 2 inch height. Not more than 40% of grass leaf shall be removed at any single mowing. The contractshall include a minimum of 3 (three) mowings. Repeat mowing as required to maintain specific heightuntil Landscape Architect issues preliminary acceptance of completed work.Native Seeding and Plantinga.The period for planting prairie seed shall be between April 1st and June 15th, or as soon thereafter asthe soil is free of frost and in workable condition, and from September 15 to freeze up. If these dates areadjusted, it shall be the responsibility of the Landscape Contractor to ensure establishment of theseed.b.Remove existing grass, vegetation and turf. Dispose of such material legally off-site. Do not turn overinto soil being prepared for lawns.c.If present, compacted soils shall be disked or raked prior to seeding. Remedial measures for the accessarea may at the direction of the Wetland Consultant, involve ripping from 12-18 inches of the soil horizonprior to disking.d.Prior to seeding, planting areas shall have at least twelve inches of clean un-compacted topsoil.Clumps, clods, stones of 2” diameter, roots and other extraneous matter shall be removed and disposedof legally offsite.e.Granular mycorrhizal inoculants shall be installed with the seed mix at a rate of 40 lbs\acre. Inoculantcan be banded under seed, worked into seed or added into spray tanks. NATIVE AREAS SHALL NOTRECEIVE FERTILIZER.f.Contractor shall be solely responsible for the proper handling and storage of the seed according to thebest seed handling and storage practices, including fungicide treatments and stratificationconsiderations. Owner shall make no compensation for damage to the seed because of improper storage, cleaning, threshing or screening operations.
SPECIFICATIONS4SHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS:
LEGEND LAKES
McHENRY, ILLINOIS
11.24.2020LN1829NESGFBOF 41141 E. MAIN ST. #108EAST DUNDEE, IL 60118CLIENTKnow what'sbelow.before you dig.CallRI. GENERAL SPECIFICATIONS CONTINUEDg.Seeding operations, including installation of erosion control matting, must be accomplished within 24hours of any area which is fine graded. Fine grade, plant and cover only areas small enough to becompleted within the required time frame.h.Except where site conditions preclude their use, seeding shall be performed using a Truax drill, TruaxTrillion seeder, or comparable equipment designed specifically for the installation of native seed. Forareas where site conditions preclude the use of specialized equipment, seed may be installed through hand broadcasting and followed by light raking. Hand broadcast seed shall be spreadat twice the specified rate. Other methods of seed installation may be used with prior approval from theLandscape Architect.i.Do not seed when wind velocity exceeds five (5) miles per hour. Equipment shall be operated in amanner to insure even distribution of seed and complete coverage of the entire area to be seeded.j.Prior to starting work, all seeding equipment shall be calibrated and adjusted to sow seeds at the properseeding rate. In general, the optimum seeding depth is 0.25 inch below the soil surface. Areas wherethe seed has not been incorporated into the soil to the proper depths will not be accepted, and nocompensation for materials or labor for the rejected work will be made by the owner.k.Seed mixture shall be as specified on the drawings or the specified Prairie planting mixture. Sow not lessthan specified rate.l.If a broadcast method of seeding is used, the following requirements shall be met. Within twelve hours, ifconditions permit or as soon thereafter as is practical rake prairie seed lightly into top 1/4" of soil, roll atright angles to the run-off with an approved type roller to compact the seedbed and place the seed incontact with the soil.m.If a drill-seed method is used, rolling of the seedbed will not be required.n.After the seeding, raking and rolling operations are completed, water with a fine spray and installspecified erosion control blanket per manufacturer's specifications over the entire prairie area.o.The Landscape Contractor shall monitor all seeded areas to insure at least one inch of water per weekfrom a combination of watering and natural rainfall and shall mow plantings to a height of 6-10 inches forthe enhancement of native species until preliminary acceptance by the Landscape Architect.p.It shall be the Landscape Contractor's responsibility to determine and implement whatever proceduresdeemed necessary to establish the turf as part of the work.q.Wet mesic and emergent areas shall be planted and seed allowed to germinate (if possible), prior to theflooding with significant amounts of water. Any areas of significant permanent water located within theplanting area will receive live plugs in lieu of seed.r.After seeding operation is completed, install erosion control blanket per manufacturer's specifications.s.Emergent plugs, if used, shall be planted in natural groupings within designed areas containingsaturated soils or inundation. Plants within groupings shall be planted at 2 foot centers.t.Emergent plugs shall not be planted less than the specified rate and shall be protected with gooseenclosures surrounding all natural groupings of plugs.4.Preparation of Reconditioned Native AreasThe Contractor chosen for the enhancement and maintenance of native areas must be must beexperienced in the restoration, installation, and management of said areas. They must have a minimum offive years' experience in the field and shall be able to identify non-native and native plants by genus andspecies. It is imperative that a qualified Native Landscape Contractor perform the initial installation andmaintenance.A basic work procedure is outlined below. The contractor is required to evaluate all existing conditions priorto bidding the work. Any proposed changes to the work plan shall be submitted to the Landscape Architectas required under Section 1.3 (A)(B)a.Woody Vegetation Removali. All woody, non-planted species shall be removed from basin slopes and bottoms for existing pondsii.Contractor will cut all woody species to be removed with hand tools including, but not, limited to gaspowered chainsaws, gas powered clearing saws, bow saws, and loppers.iii.All stumps shall be cut flat with no sharp points and to within two inches of surrounding grade. Stumpsshall be painted with Garlon 4, or equivalent, immediately after cutting.iv.A supply of chemical absorbent shall be kept on-site. Spills shall be properly cleaned up and reportedimmediately to the owner.v.The contractor shall maintain copies at the project site of all current pesticide applicator's licenses,herbicide labels, and MSDS's (Material Safety Data Sheets) for all chemicals utilized during completionof work.vi.Cut brush piles shall not exceed eight (8) feet in height by twelve (12) feet in diameter. Piles shall bespaced as necessary to minimize dragging cut material. Piles must be located in open areas withoutcanopy branches of preserved trees extending over the piles. Piles shall be burned while takingprevailing winds into account. Ash from burn piles shall be dispersed across the site at a depth not toexceed ½ inch. * Note: If cut brush is to be removed from the site rather than burned, no restriction ofbrush pile size is applicable.b.A prescribed burn can be conducted on existing basins as per the Maintenance Section 3.4. Followingburn, over-seed lower slopes and bottoms of existing basins with Wet Meadow species as necessary(see section 2.4B)c.Spot treat invasive and undesirable herbaceous species on existing basin slopes with glycophosphate toremove undesirable species in planted areas. Undesirable species are included, but not limited to,species list in 1.5C Guarantees.d.Over-seed slopes of existing basins with low profile prairie grasses (see section 2.4C) as necessary.Seeding protocol should follow Section 3.2D 8-12 noted below.e.If adequate top soil is not present, top soil can be added to slopes with approval of Landscape Architect.Repair: Repair any damages caused by Contractor during completion of the work. Said damages mayinclude but are not limited to tire ruts in the ground, damage to lawn areas, damage to trails, etc. In theevent any vegetation to be preserved is damaged, notify the owner within 24 hours. The Contractor willbe liable for remedying damages to plant materials to the satisfaction of the owner.5.Reconditioning Existing Turfa.Recondition existing turf damaged by Contractor's operations, including storage of materials orequipment and movement of construction vehicles.b.Provide fertilizer, seed and soil amendments as specified for new lawns and as required to provide asatisfactory reconditioned lawn. Provide topsoil as required to fill low areas and meet new finishedgrades.c.Prior to over-seeding cultivate or rototill bare and compacted areas thoroughly to a depth of four (4)inches. Remove all rocks, stones, turf clumps and other debris larger than one (1) inch in diameter andrake smooth.d.Remove diseased or unsatisfactory lawn areas. Do not bury into soil. Remove topsoil containing foreignmaterials resulting from contractor's operations, including oil drippings, stone, gravel and otherconstruction materials.e.Where substantial, but thin lawn remains, rake, aerate if compacted, and cultivate soil, fertilize and seed.f.Water newly seeded areas. Maintain adequate soil moisture as specified for new lawns, until new grassis established.6.MulchingTrees and Shrubsa.Apply the specified mulch to a depth of two (2) inches, evenly spread over the entire area of each treebasin and shrub bed. Maintain exposed root flare at all times. Thoroughly water mulched bed areas.After watering, rake mulch to provide a uniform finished surface.Perennials, Ornamental Grasses, Annual Flowers and Groundcoversa.Apply the specified mulch to a depth of one (1) inch, evenly spread over the entire area of each plantingbed using care to keep foliage exposed. Thoroughly water mulched bed areas.7.Pruninga.Prune branches of deciduous stock, after planting, to preserve the natural character appropriate to theparticular plant requirements. Remove or cut back dead and badly bruised branches, broken andtangled branches, damaged and unsymmetrical growth of the new wood, suckers, water sprout growthand unnatural growth habits. No plants will be sheared for any reason.b.Prune with clean, sharp tools.c.Prune trees and evergreens at the direction of the Landscape Architect and in accordance with standardhorticulture practice to preserve the natural character of the plant.d.In general, tree pruning requires removing 1/4 to 1/3 of the leaf bearing buds. Prune multiple leaderplants to preserve the leader which best promote the symmetry of the plant. Do not apply paint topruning marks.8.Care of Existing Treesa.Selectively prune existing trees in construction limits as required, at the direction of the LandscapeArchitect. Remove shoots, dead, rubbing and damaged branching.b.Clean up miscellaneous organic debris within construction limits and dispose of legally off-site.9.Clean-upa.The Landscape Contractor shall store materials and equipment, during landscape work, where directedby the landscape architect.b.The Landscape Contractor shall thoroughly clean the project area daily during the progress of work andupon completion of the work.c.Landscape Contractor shall keep pavement clean and all work areas and adjoining areas in an orderlycondition. The Landscape Contractor shall remove and clean any excess dirt or mud left on the streetsadjacent to the site as a result of this work daily. The Landscape Contractor shall be liable for any futurecharges incurred to clean streets affected by his work.d.No storing of rubbish or debris will be allowed on the site.e.No debris shall be buried at the site.f.No landscaping debris is allowed on the site dumpsters.g.The Landscape Contractor shall protect the property of the owner and the work of other contractors.h.The Landscape Contractor shall be directly responsible for all damage caused by the LandscapeContractor's activities and shall remove and properly dispose of all resultant dirt, rubbish, debris andother waste materials resulting from the work daily.10.InspectionsIn addition to normal progress inspections, the Landscape Contractor shall schedule and conduct thefollowing inspections, giving the Landscape Architect at least 24 hours prior notice of readiness for inspection.a.Inspection of plants and containers prior to planting.b.Inspection of plant locations to verify compliance with the current revisions of the Landscape Plans andAs-Built Drawings.c.Preliminary acceptance inspection after completion of planting. Schedule this inspection sufficiently inadvance and in cooperation with the Landscape Architect so that the inspection may be conducted in atimely manner.d.Final acceptance inspection at the end of the maintenance period provided that all previous deficiencieshave been corrected.e.All other inspections necessary for replacement warranty work and completion of the project.I.Maintenance and Monitoring1.Traditional Landscaping: Landscape Contractor shall maintain all planting, starting with the plantingoperations and continuing until all planting for that portion of the project is complete and through preliminaryacceptance in writing from the Landscape Architect.a.Maintenance of plants and planting beds shall include resetting plants to proper grades or uprightposition, restoring planting saucers, tightening and repair of guy wires and stakes, weeding, cultivating,pruning, application of appropriate insecticides and fungicides necessary to keep the plant materials in ahealthy growing condition and to keep the planted areas neat and attractive.b.Maintenance of lawn areas shall be as specified, including spot weeding, mowing, application of weedand insect controls and reseeding necessary to promote proper establishment the lawn areas.c.Contractor shall water all sod and plantings for the first two weeks following installation.2.Native Planting Areas: The Owner shall notify the County upon completion of plantings. The Owner'sEnvironmental Specialist shall inspect the plantings and provide the County with a copy of the plantinglocations, species, and quantities for verification by applicable regulatory authority.a.Native planting areas shall be maintained as specified below, continue for the three full (3) years afterpreliminary installation acceptance, and meet annual establishment performance criteria:i.First Season - With the exception of the emergent area, native seeding areas should be mowed to aheight of 6” to control annual nonnative and invasive species early in the growing season. Mowing,including weed whipping, should be conducted during prior to weed seed production. Mowing height andtiming may need to be adjusted per target species. Small quantities of undesirable plant species, shallbe controlled by hand pulling prior to the development and maturity of the plant. Hand removal shallinclude the removal of all above-ground and below-ground stems, roots and flower masses prior todevelopment of seeds. Herbicide should be applied as necessary by a trained and licensed operatorthat is competent in the identification of native and nonnative herbaceous plants. Debris and litter shallbe removed from the native areas and storm structures shall be inspected and maintained as necessary.ii. Second Season - Control of undesirable plant species during the second growing season shall consist primarily of precise herbicide application. Mowing and weed whipping shall be conducted as needed during the early growing season and as needed to a height of 6 to 8 inches to prevent annual weeds from producing seed. Debris and litter shall be removed from the native areas and storm structures shall be inspected and maintained as necessary.iii. Third Year - Seasonal mowing and herbicide will continue as above but should be reduced over time. Debris and litter shall be removed from the native areas and storm structures shall be inspected and maintained as necessary. At the completion of the third growing season (dependent on fuel availability; dominance of graminoid species; and favorable weather conditions), fire may be introduced to the plantedareas as a management tool.b.General performance criteria is outlined below. Contractor is responsible to ensure native areas meetFederal, County and local requirements as necessary.i.1st Full Growing Season: 90% of cover crop shall be established. There shall be no bare areas greaterthan two (2) square feet in seeded areas. At least 25% of vegetation coverage shall be native,non-invasive species. At least 50% of the emergent species, if planted as plugs shall be alive andapparent.ii.2nd Full Growing Season: All areas with the exception of emergent zones shall exhibit full vegetativecover. At least 50% of the vegetation coverage shall be native, non-invasive species.iii. 3rd Full Growing Season: At least 75% of vegetation coverage shall be native, non-invasive species. Non-native species shall constitute no more than 25% relative aerial coverage of the planted area. Invasive species for this project shall include the following: Ambrosia artemisiifolia & trifida (Common &Giant Ragweed), Cirsium arvense (Canada Thistle), Dipsacus laciniatus (Cut-leaved Teasel), Dipsacus sylvestris (Common Teasel), Lythrum salicaria (Purple Loosestrife), Melilotus sp. (Sweet Clover), Phalaris arundinacea (Reed Canary Grass), Phragmites australis (Giant Reed), Fallopia japonica (Japanese Knotweed), Rhamnus cathartica & frangula (Common & Glossy Buckthorn), Typha sp. (Broadleaf, Narrowleaf, and Hybrid Cattail).c.Long Term Wetland and Prairie Management/MaintenanceA final compliance report and Long-Term Operation and Maintenance Plan shall be submitted by theDeveloper/Owner's Environmental Specialist no less than 60 days prior to the expiration of anylandscape Cash Bond or Letter of Credit posted for the native areas. Final acceptance and release shallbe determined by the County/City/USACE upon inspection of the site to verify compliance.The Long -Term Operation and Maintenance Plan shall be written to include guidelines and schedulesfor burning, mowing, application of herbicide, debris/litter removal and inspection schedule for stormstructures and sediment removal.i. State and local permits shall be required prior to controlled burning. Burning shall be conducted bytrained professionals experienced in managing smoke in urban environments. Prior to a controlled burn,surrounding property owners as well as local fire and police departments shall be notified. A burn plandetailing preferred wind direction and speed, location of fire breaks, and necessary personnel andequipment shall be prepared and utilized in planning and burn implementation.ii.The initial burn shall be dependent on fuel availability which is directly related to the quantity and qualityof grasses contained within the plant matrix. Timing of the burn shall be determined based on results ofthe annual monitoring indicating species composition of the management area and other analysis ofmanagement goals. Generally, burns shall be scheduled from spring to fall on a rotational basis. Burnfrequency shall also be dependent on the species composition within the management area. Generally,a new prairie restoration area shall be burned annually for two years after the second or thirdgrowing season after planting and then every 2-3 years thereafter, burning 50-75% of the area.iii.Owner to provide all supplemental watering and proper care and maintenance of all plant materials,seed and sod areas (except for native planting areas) after preliminary acceptance of the LandscapeContractor's work.J.Preliminary Acceptance1.When the preliminary landscape work is completed, including maintenance, the Landscape Architect will,upon request, make a preliminary inspection of initial installation to determine acceptability.2.The inspection for preliminary acceptance of the initial installation will be for general conformance toestablishment of turf areas, specified size, character and quality of plant materials, workmanship andmaintenance and shall not relieve the Landscape Contractor of responsibility for full conformance of thecontract documents, including correct species.3.It shall be the responsibility of the Landscape Contractor to verify all work is completed for the initialinstallation and maintained as per plan prior to notifying the Landscape Architect for preliminary inspection.4.For preliminary acceptance of the initial installation all plant material shall be in a healthy growing condition.Any plants, lawn areas, workmanship, etc. not meeting the standards will be rejected and the LandscapeContractor will be instructed to make the necessary corrections immediately before preliminary acceptance ofthe initial installation will be granted.5.Seeded areas will be inspected for acceptance after the first mowing by the Landscape Contractor and will besatisfactory provided requirements, including maintenance, have been complied with and a uniform healthyclose stand of the specified grass is established, free of weeds, bare spots exceeding 5 by 5 inches,undesirable grass species, disease, insects and surface irregularities.6.Sodded areas will be inspected for acceptance after the first mowing by the Landscape Contractor and will besatisfactory provided requirements, including maintenance, have been complied with and when all areasshow a uniform stand of the specified grass in a healthy, well-rooted, even-colored, viable lawn condition,free of weeds, undesirable grass species, open joints, bare areas, disease, insects and irregular surfaces.7.The Landscape Contractor shall assume liability for the correction of his work and liability for any othercharges incurred due to the correction of his work. The cost of follow-up inspections of the initial installationrequired to receive acceptance will be charged to the Landscape Contractor.8.Upon the receipt of written acceptance of the preliminary inspection of the initial installation the Owner will beresponsible for maintenance.9.The warranty period will begin upon receipt of written acceptance of the preliminary inspection for initialinstallation from the Landscape Architect.10.After preliminary acceptance of the initial installation and receipt of notification in writing from theLandscape Architect, the Landscape Architect will recommend the release of payment, less retainers deemednecessary by the Owner, for the completed work.11.The release of all fees will be at the discretion of CalAtlantic Homes upon receipt of written invoice fromthe Landscape Contractor.K.Warranty Agreement1.The Landscape Contractor shall provide a replacement warranty for all plant material and shall guarantee allwork free of any defect in quality or workmanship for a minimum period of one (1) year or until final inspectionand written acceptance by the Landscape Architect.a.Warranties of native plantings are excluded from this section and shall conform to the specifiedestablishment performance criteria.2.The warranty period will be from the date of the Landscape Architect's written preliminary acceptance of theinitial installation and will continue through the end of the following years growing season upon the finalinspection and written acceptance of the work.3.The warranty shall provide against defects including death, unsatisfactory growth, and provides the materialto be in good, healthy and flourishing condition, except for defects resulting from neglect by the owner, abuseor damage by others or unusual phenomena or incidents which are beyond Landscape Contractor's control.For verification of such defects, neglect, abuse or damage by others the Landscape Contractor must notifythe Landscape Architect in writing immediately upon identifying said occurrences.4.Annual increases in the size of required replacements shall serve to maintain the continuity of the landscapedesign. At the time of the scheduled replacements, the required landscape replacement material shall beincreased in size from the original plan to match the new growth size of the surrounding plants.5.The Landscape Contractor shall make as many periodic inspections as necessary, at no extra cost to theOwner during the warranty period to determine what changes, if any, should be made to the Owner'smaintenance program. The Landscape Contractor shall submit, in writing to the Landscape Architect, anyrecommended changes.6.During the warranty period, should the appearance of any plant die, indicate weakness and/or probability ofdying, the Landscape Contractor shall immediately begin replacement of said plants with new and healthyplants of the same type and size as soon as weather conditions permit and within a specified planting periodafter notification of such occurrences from the Landscape Architect without additional cost to the Owner.7.The Landscape Contractor shall make all necessary repairs of damage due to plant replacements. Suchrepairs shall be done at no extra cost to the Owner.8.Replacements shall be in accordance with and subject to all requirements of landscape installation, mulching,maintenance, warranty and acceptance procedures.9.The Contractor is responsible for the watering and maintenance necessary to ensure establishment of thereplacement plants until the Landscape Architect inspects the replacement plants and issues preliminaryacceptance in writing.10. The Landscape Contractor, prior to notifying Landscape Architect for preliminary acceptance, shall maintainthe replacement plants for a period of 45 days at no additional cost to the owner.11. The Landscape Contractor shall notify the Landscape Architect in writing, upon completion of replacementsand extended maintenance period, for preliminary acceptance and written notification of new warranty period.12. The Landscape Contractor, upon written preliminary acceptance of the replacements, shall warranty allreplacements until the end of the following growing season and written final acceptance. The LandscapeContractor shall notify the Landscape Architect in writing at the end of the warranty period of replacementplants for final inspection and acceptance.13. The Landscape Contractor shall remove tree wrapping, tree guy wires, stakes and tags from all establishedplants prior to contacting the Landscape Architect for final acceptance inspection. Tags, tree wrap, guy wiresand stakes shall remain on all replacements until completion of additional warranty period.14. All subsequent inspections required due to unacceptability of the replacements will be at the cost of theContractor.L.Final Acceptance1.Inspection of all work will be made by the Landscape Architect at the end of the warranty periods upon writtenrequest of the Landscape Contractor.2.The Landscape Architect shall prepare and submit, to CalAtlantic Homes and the Landscape Contractor, alist of warranty replacement items to be completed before final acceptance shall be deemed to haveoccurred. The failure to include any items on such list does not alter the responsibility of the LandscapeContractor to complete all work in accordance with the contract.3.The Landscape Contractor shall complete all warranty replacement work as deemed necessary by theLandscape Architect, shall verify completion of all work required to satisfy the contract and shall notify theLandscape Architect upon completion of all work for review and final acceptance.4.The Landscape Architect will perform a final inspection of the completed work with the Landscape Contractorand a representative from CalAtlantic Homes. At that time if all work is satisfactory, a written statement will beissued by the Landscape Architect that will constitute final acceptance of completed work to date.5.After the final inspection and acceptance of the work, the Landscape Architect will notify CalAtlantic Homes inwriting and will recommend release of fees in retention for the completed work, except for retention feesdeemed necessary by CalAtlantic Homes and the Landscape Architect for work still under additionalwarranty.6.The Landscape Architect will make a follow-up inspection of all additional warranty replacements at thewritten request of the Landscape Contractor and issue a written report accepting satisfactory completion ofthe warranty obligations and request release of the remaining retention fees.7.The release of all retention fees will be at the discretion of CalAtlantic Homes after receipt of writtennotification from the Landscape Architect and upon receipt of written invoice from the Landscape Contractor.8.The written final acceptance of all work following any necessary replacements shall terminate the LandscapeContractor's plant warranty period.II. DAMAGES: STREET AND SITE1.The Landscape Contractor shall be responsible for any damages to streets, curbs or site improvements as aresult of his work or his employees. The Landscape Contractor shall be responsible for any future chargesresulting from the repair/replacement of damage.2.Curb damage will be billed to the contractor at fault at a rate of $25.00/lineal foot with a ten foot minimum3.Subcontractor shall not park on any asphalt or concrete driveways at any time. Violators will be fined $500per occurrence.IV.TRADITIONAL LANDSCAPE MAINTENANCEA.Turf Maintenance1.Mowinga.All litter (i.e. paper, cans and bottles) will be removed from turf and plant bed areas prior to mowing.b.All lawn areas will be mowed weekly to a height of 3” from April through November, or as needed. Nomore than 1/3 of the grass blade is to be removed per cutting. Mowing height may be seasonallyadjusted depending upon weather conditions in order to reduce stress and promote healthy turf.c.Mowing patterns shall be altered on a weekly basis wherever possible. Mowing patterns shall createstraight lines for a more manicured appearance.d.Clippings shall be bagged and removed when clipping buildup is such that the excess clipping lay in anunsightly matted condition on the lawn.e.The turf shall be cut in such a manner as to avoid blowing clippings toward structures, patios, airconditioners, and planting beds.f.If the turf could potentially be damaged by equipment due to weather, mowing should not be performed.g.Turf bordering vertical surfaces such as foundations, fences, and utility boxes shall be trimmed to matchthe mowing height.h.Clippings shall be removed from all pavement areas.2.Edginga.Turf areas adjacent to walks, driveways and curbing will be mechanically edged monthly in a uniformmanner.b.Shrub beds and tree rings shall be neatly and uniformly edged twice per year; once during the springcleanup, and again in August or September weather permitting.3.Fertilizer & Weed Controla.Pesticides must be applied by a licensed individual.b.Notice shall be given to the homeowners association or owner's representative 1 week prior to anypesticide application.c.The lawn shall be fertilized three (3) times with a high quality granular or liquid formula. The applicationsshould be made approximately in April, May and September. Timing, frequency and rate of applicationshall be adjusted to meet the development's current needs and conditionsd.A pre-emergent weed control application for annual grass prevention shall be incorporated into the firstturf fertilization in spring.e.The entire turf area will be treated one (1) time with a post emergent broad leaf weed control at theappropriate time of year. Spot treatment should be done as necessary.f.Flags shall be posted throughout the community following each fertilizer application. Remove flags oncethe application is dry or as directed by the product's label.B.Planting Bed Maintenance1.Pruninga.Trees, shrubs and evergreens should be pruned, trimmed or sheared at the appropriate time for eachspecies to maintain the plant's proper form. Methods and timing shall conform to standard horticulturalpractices. The initial spring pruning will include:1.Removal of dead or injured limbs.2.Removal of branches that are touching structures.3.Shaping and internal thinning of the plant to allow for its natural form and habit.b.Shrubs will be pruned two (2) additional times at the appropriate time so as not to interfere withflowering.c.Trees over 6” in diameter will not be pruned other than removal of low branches hazardous to pedestriantraffic and sucker growth which may occur.d.Groundcovers should be pruned twice during the season to maintain a neat appearance.e.Ornamental grasses should be trimmed during the spring cleanup.f.All pruning debris shall be removed from the site by the contractor immediately after the work iscomplete.2.Fertilizer & Weed Controla.Pesticides must be applied by a licensed individual.b.Notice shall be given to the homeowner's association 1 week prior to any pesticide application.c.Pre-emergent weed control shall be applied at the beginning of the growing season.d.Post emergent applications or hand pulling shall be used on any weeds that appear throughout theseason.e.Trees, shrubs and groundcover shall be fertilized one (1) time during the season. The application ratewill be determined by the specific needs of the plant material.C.Spring & Fall Cleanup1.Spring Cleanupa.Lawn areas and planting beds will be raked as necessary to remove leaves, dead branches, litter anddebris.b.All mulch beds shall be cultivated to break up any existing compaction in the mulch.c.Fresh mulch should be applied to any bare spots in the planting beds.d.Monitor plant health and notify homeowner's association or owner's representative of any dead plants.e.Debris generated during the cleanup shall be disposed of legally off site.2.Fall Cleanupa.All lawn areas will have leaves removed either by raking or through the mowing process so as to preventleaf buildup on the turf on a weekly basis.b.All planting beds will have leaves and debris removed at the end of the season.c.Perennials without winter interest shall be cut back.d.Monitor plant health and notify homeowner's association or owner's representative of any dead plants.e.Debris generated during the cleanup shall be disposed of legally off site.IV. PERSONAL CONDUCT / SAFETY1.Consumption of alcoholic beverages or drugs on the job site is strictly prohibited.2.Any offensive of obnoxious behavior (loud radio, profanity, etc.) is strictly prohibited.3.Reckless operation of vehicles or equipment by Subcontractor's employees while in the subdivision will notbe tolerated.4.Hard hats to be worn by all employees at all times.5.Failure to comply with CalAtlantic Homes's Safety Policy, OSHA or any other presiding safety institution couldresult in fines starting at $100.00 per occurrence.6.Subcontractor to provide a competent person trained in OSHA requirements on site at all times.Landscape Contractor Name ___________________________________________________Landscape Contractor Company________________________________________________Landscape Contractor Signature______________________________ Date______________
11-02-2020LEGEND LAKES
DAVIS II DAVIS IICOURTNEY II COURTNEY II
GLENSHIRE II COURTNEY II DAVIS II GLENSHIRE II
11-02-2020LEGEND LAKES
GLENSHIRE II COURTNEY II DAVIS II COURTNEY II
11-02-2020LEGEND LAKES
COURTNEY - SIDE GLENSHIRE - SIDE
COURTNEY IIDAVIS II GLENSHIRE IICOURTNEY II
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THIS INSTRUMENT PREPARED
BY AND SHOULD BE RETURNED
TO:
Brian Meltzer
MELTZER, PURTILL & STELLE LLC
1515 East Woodfield Road
Second Floor
Schaumburg, Illinois 60173-5431
CROSS EASEMENT AND COST SHARING AGREEMENT
RE: LEGEND LAKES NEIGHBORHOOD 1 COMMUNITY
This Cross Easement and Cost Sharing Agreement is made this ___ day of _________, 2020,
between the Legend Lakes Neighborhood I Condominium Association, Inc., an Illinois not for profit
corporation (“Condominium Association”), the Legend Lakes Townhome Owners Association, LLC,
an Illinois limited liability company (“Townhome Association”) and CalAtlantic[CS1] Group, Inc., a
Delaware corporation (“CalAtlantic”). The Condominium Association, Townhome Association and
CalAtlantic are each a “Party” hereunder, and collectively, the “Parties”.
R E C I T A L S
The Condominium Association administers the real estate which is subject to that certain
Declaration of Legend Lakes Neighborhood I Condominium which was recorded with the Recorder
of Deeds for McHenry County, Illinois, on March 21, 2007, as Document 2007R0018904 (the
“Condominium Declaration”). The Condominium Declaration is currently recorded with respect to
the real estate which is legally described in Section I of Exhibit A hereto and designated as the
“Condominium Property” and sometime referred to herein as the “Condominium”.
As of the execution of this Agreement, CalAtlantic is the contract purchaser of the real estate
which is legally described in Section II of Exhibit A hereto and designated as the “Townhome
Property”.
It was originally intended that the Condominium Declaration would be recorded with respect
to the Condominium Property and the Townhome Property, and that the Condominium would
include 140 condominium units in 35 townhome style buildings. However, as a result of the recent
downturn, the Townhome Property was not made subject to the Condominium Declaration, and the
Condominium is comprised of just 22 buildings containing a total of 88 condominium units.
Because the statutory 10-year period to add real estate to the Condominium expired in 2016,
adding the Townhome Property to the Condominium at this time is not an option.
ABOVE SPACE FOR RECORDER’S USE ONLY
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CalAtlantic intends to (i) resubdivide the Townhome Property pursuant to a plat of
resubdivision substantially in the form attached hereto as Exhibit B (the “TH Plat” or the “TH
Subdivision”), thereby creating 13 separate townhome building lots and 3 common area lots, and (ii)
improve the Townhome Property with 13 townhome buildings, which will contain a total of fifty-two
(52) townhome units, and (iii) make the Townhome Property subject to a townhome declaration (the
“Townhome Declaration”) which will be administered by the Townhome Association.
The Condominium Property and Townhome Property shall hereinafter be collectively
referred to as the “Neighborhood 1 Community”.
Because of the close proximity of the Condominium Property to the Townhome Property,
and the fact that portions of the Condominium Property and portions of the Townhome Property are
interspersed within and throughout the Neighborhood Community, the Parties desires to:
A. Establish easements in favor of all owners, from time to time, of portions of the
Neighborhood 1 Community for the use and enjoyment of open space areas within the
Neighborhood 1 Community (the “Open Space Area”). The Open Space Area is depicted
in Exhibit C hereto.
B. Provide for a consistent level of maintenance with respect to the lawn areas within the
Open Space Area and an equitable sharing of associated costs between the Condominium
Association and the Townhome Association.
A portion of the Condominium Property is improved with a driveway (the “Shared
Driveway”) which was intended to serve the Condominium Units 34-1, 34-2, 34-3 and 34-4, as well
as the townhome units planned to be constructed on Lot 35 in the TH Subdivision (“Lot 35 TH
Units”). In addition, a portion of the Condominium Property (the “Lot 35 TH Improvement Area”) is
now intended to be improved with driveways, landscaping and other improvements (“Lot 35 TH
Improvements”) which will serve the Lot 35 TH Units. The Shared Driveway and Lot 35 TH
Improvement Area are depicted on Exhibit D attached hereto.
The Parties desire to establish perpetual easements in favor of the Townhome Association,
and each owner, from time to time, of a Lot 35 TH Unit (each a “Lot 35 Owner”), (i) over the Lot 35
TH Improvement Area for the existence, maintenance, repair and replacement of the Lot 35 TH
Improvements, and (ii) over and across the Lot 35 Improvement Area and the Shared Driveway for
ingress and egress from their townhome unit to a public way. In addition, the Parties desire to
provide for the maintenance, repair and replacement of the Shared Driveway, and a mechanism for
allocating the costs associated therewith between the Condominium Association and the Townhome
Association.
A portion of the driveway which serves Unit 25-1 in the Condominium (“Unit 25-1”)
encroaches on a portion of the Townhome Property (“Unit 25-1Driveway Encroachment Area”).
The Unit 25-1 Driveway Encroachment Area is depicted on Exhibit E attached hereto.
The Parties desire to establish perpetual easements in favor of the Condominium Association,
and the owner, from time to time, of Unit 25-1 (i) over the Unit 25-1 Driveway Encroachment Area
for the existence, maintenance, repair and replacement of the driveway which serves Unit 25-1, and
(ii) over and across the Unit 25-1 Driveway Encroachment Area for ingress and egress from Unit 25-
1 to a public way.
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Finally, the Parties desire to provide for the sharing of other expenses between the
Condominium Association and the Townhome Association where economies of scale may be
realized.
Accordingly, the Parties agree as follows:
1. Provided that CalAtlantic elects, in its sole discretion, to close on the acquisition of
the Townhome Property, CalAtlantic shall cause this Agreement to be recorded with the Recorder of
Deeds for McHenry County, Illinois, as part of such acquisition closing. If CalAtlantic does not
close on the purchase of the acquisition, CalAtlantic shall deliver written notice thereof to the
Condominium Association, upon which, this Agreement shall become null and void and of no further
force or effect.
2. Pursuant to Section 16(c) of the Condominium Declaration, the Condominium
Association hereby grants to each owner of a portion of the Townhome Property and the Townhome
Association, a perpetual, non-exclusive right and easement to use and enjoy those portions of the
Open Space Areas which are located on the Condominium Property, subject to reasonable rules and
regulations jointly adopted from time to time by the Condominium Association and the Townhome
Association.
3. CalAtlantic, as the legal title holder of the Townhome Property, hereby grants to each
owner of a condominium unit in the Condominium Property and the Condominium Association a
perpetual, non-exclusive right and easement to use and enjoy those portions of the Open Space Areas
which are located on the Townhome Property, subject to reasonable rules and regulations jointly
adopted from time to time by the Condominium Association and the Townhome Association.
4. The Condominium Association and Townhome Association agree to use good faith
efforts to agree upon one contractor to provide landscape maintenance within the Neighborhood 1
Community, and to cooperate to establish specifications for lawn maintenance within the Open Space
Area. Further, to the extent the Parties agree upon one landscape contractor to provide lawn
maintenance for the Open Space Area pursuant to jointly established specifications, the cost thereof
shall be allocated by the landscape contractor to the Condominium Association and Townhome
Association based on the relative number of units subject to the Condominium Declaration and the
Townhome Declaration for which a certificate of occupancy has been issued.
5. Pursuant to Section 16(c) of the Condominium Declaration, the Condominium
Association hereby grants the following non-exclusive, perpetual easements in favor of the
Townhome Association, and each Lot 35 Owner, (i) over the Lot 35 TH Improvement Area for the
existence, maintenance, repair and replacement of the Lot 35 TH Improvements, and (ii) over and
across the Lot 35 Improvement Area and the Shared Driveway for ingress and egress from their
townhome unit to a public way.
6. The Townhome Association hereby grants to the Condominium Association, and the
owner, from time to time, of Unit 25-1 (i) over the Unit 25-1 Driveway Encroachment Area for the
existence, maintenance, repair and replacement of the driveway which serves Unit 25-1, and (ii) over
and across the Unit 25-1 Driveway Encroachment Area for ingress and egress from Unit 25-1 to a
public way.
7. With respect to the Shared Driveway:
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A. The Condominium Association shall be responsible for providing the
Covered Maintenance. For purposes hereof, the term “Covered Maintenance” shall mean the
maintenance, repair and replacement of the Shared Driveway. The Condominium Association shall
notify the Townhome Association not less than seven (7) days prior to commencement of any major
repair, maintenance or other work or activity on the Shared Driveway. The Parties shall reasonably
cooperate with respect to the commencement, timing, and location of such work or activity so as to
minimize inconvenience to owners of dwelling units served by the Shared Driveway. The Covered
Maintenance shall be performed in accordance with generally accepted maintenance standards and
specifications established jointly, from time to time, by the Condominium Association and
Townhome Association.
B. Within thirty (30) days of receipt of a written request from the Townhome
Association, the Condominium Association shall deliver to the Townhome Association, copies of
any and all contracts and other agreements entered into by the Condominium Association with
respect to the Shared Driveway.
C. Prior to the end of each calendar year, the Condominium Association shall, in
consultation with the Townhome Association, prepare and shall furnish to the Townhome
Association a budget of anticipated costs of, and the build up of reserves for, the Covered
Maintenance for the upcoming calendar year (“Covered Maintenance Budget”). The Covered
Maintenance Budget shall also take into account and provide for surpluses or shortages under the
current year's budget. The Condominium Association shall keep records of the cost of furnishing
Covered Maintenance and, upon request, shall make those records available to the Townhome
Association.
D. The Townhome Association shall pay to the Condominium Association the
Townhome Association’s share of the cost of providing the Covered Maintenance, which amount
shall be fifty percent (50%) of the Covered Maintenance Budget (“Townhome Association’s Share”).
The Townhome Association’s Share shall be paid periodically, upon agreement of the Condominium
Association and Townhome Association (but in no event less than annually).
E. The Condominium Association shall not adopt a Covered Maintenance
Budget which will result in an increase in the Townhome Association’s Share which is one hundred
ten percent (110%) or more of the Townhome Association’s Share for the preceding fiscal year
without the prior written consent of the Townhome Association, which consent shall not be
unreasonably withheld.
F. If the Condominium Association fails to provide the Covered Maintenance as
provided herein, then the Townhome Association may give written notice thereof to the
Condominium Association and, if the Condominium Association does not cure such failure within
thirty (30) days after the giving of such written notice, then the Townhome Association shall have the
right to provide the Covered Maintenance. In such case, the Condominium Association shall either
reimburse the Townhome Association, upon demand, for the reasonable cost of such work or the
Townhome Association may off-set the reasonable cost of such work against amounts due from the
Townhome Association to the Condominium Association.
G. Any amount due by the Townhome Association to the Condominium
Association, or vice versa, (a “Charge”) which is not paid within thirty (30) days after payment is
requested hereunder shall bear interest at the rate of four percent (4%) above the “prime rate” of
interest as published from time to time in the Wall Street Journal from the due date to the date when
paid. The Party to which a Charge is owed may bring an action against the other Party to recover the
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Charge (together with interest, costs and reasonable attorney's fees for any such action, which shall
be added to the amount of the Charge and included in any judgment rendered in such action).
8. In addition to the shared expenses provided for in this Agreement, where economies
of scale may be realized, the Condominium Association and the Townhome Association may from
time to time shall cooperate to share certain expenses in connection with the administration,
operation and maintenance of portions of the Condominium Property and Townhome Property.
Where a service which will benefit both the Condominium Property and the Townhome Property is
contracted for by or on behalf of the Condominium Association and the Townhome Association then,
unless otherwise agreed to the contrary, the expense of providing such service shall be prorated
between the Condominium Association and Townhome Association based on the relative number of
dwelling units then subject to the Condominium Declaration and Townhome Declaration for which a
certificate of occupancy has been issued. Without limiting the foregoing, where the managing agent
for the Condominium Association is also the managing agent for the Townhome Association, then,
unless otherwise agreed to the contrary, expenses incurred by the managing agent for goods or
services which benefit both the Condominium Association and the Townhome Association (but
which, in the opinion of the managing agent, are not capable of specific allocation) shall be prorated
between the Condominium Association and Townhome Association on the same basis as provided
for in the preceding sentence. The cost sharing provisions set forth in this Paragraph shall not apply
to costs and expenses related to alterations, additions, repairs or replacements to the Condominium
Property or the Townhome Property (other than as provided herein); such costs and expenses shall be
paid by the Condominium Association or the Townhome Association which is responsible for
maintaining the real estate affected.
9. The terms hereof shall be binding upon the Condominium Association, the
Townhome Association and such owners from time to time of a portion of the Neighborhood 1
Community and shall run with and bind the land.
10. This Agreement constitutes the entire agreement between the Parties related to the
subject matter hereof, and may be amended by a written instrument executed by all Parties, and shall
become effective upon recording with the Recorder of Deeds for McHenry County, Illinois.
Notwithstanding the foregoing, CalAtlantic shall not be required to execute an amendment to this
Agreement after such time as CalAtlantic no longer holds title to any portion of the Townhome
Property.
11. Each Party represents and warrants to the other Party that (i) it has full power and
authority to enter into this Agreement, and (ii) the execution and delivery of this Agreement has been
duly authorized. Each Party shall indemnify, defend and hold the other Party, and each of its
directors, officers, agents and representatives harmless for, from and against any and all claims,
liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’
fees and charges) resulting from a breach of any representation, warranty, covenant or obligation
contained in this Agreement.
12. All notices and other communications given pursuant to this Agreement shall be in
writing and shall be deemed given: (i) upon personal delivery when delivered in person, (ii) on the
date of delivery if delivered by overnight express carrier or by United States registered or certified
mail with return receipt requested, or (ii) immediately when send by E-mail or by facsimile prior to
5:00 p.m. on a business day with confirmed receipt, as follows:
If to the Condominium Association: Legend Lakes N1 Condominium Association
c/o Property Specialists, Inc.
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Attn: Jennie Morgan
2155 Point Blvd., Suite 210
Elgin, IL 60123
Email: jmorgan@psimanagement.net
If to the Townhome Association: ________________________
________________________
________________________
________________________
Email: _________________
If to CalAtlantic: CalAtlantic Group, Inc.
Attn: Scott Guerard
1141 East Main St, Suite 108
East Dundee, IL 60118
Email: Scott.Guerard@Lennar.com
13. This Agreement shall be interpreted under and governed by the laws of the State of
Illinois.
14. This Agreement may be executed in counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument.
[Signature pages follow]
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In Witness Whereof, the undersigned have affixed their signatures effective as of the date set
forth above.
CONDOMINIUM ASSOCIATION:
LEGEND LAKES NEIGHBORHOOD I
CONDOMINIUM ASSOCIATION, INC., an Illinois
not for profit corporation
By:
Its
TOWNHOME ASSOCIATION:
LEGEND LAKES TOWNHOME OWNERS
ASSOCIATION LLC, an Illinois limited liability
company
By:
Its
CALATLANTIC:
CALATLANTIC GROUP, INC., a Delaware
corporation
By:
Its
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STATE OF ILLINOIS )
) SS.
COUNTY OF ______ )
The undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify
that ___________________________, personally known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that
he/she signed and delivered said instrument as his own free and voluntary act, for the uses and purposes
therein set forth.
GIVEN under my hand and Notarial seal this ____ day of __________________, 2020
__________________________________________
Notary Public
STATE OF ILLINOIS )
) SS.
COUNTY OF ______ )
The undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify
that ___________________________, personally known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that
he/she signed and delivered said instrument as his own free and voluntary act, for the uses and purposes
therein set forth.
GIVEN under my hand and Notarial seal this ____ day of __________________, 2020
__________________________________________
Notary Public
STATE OF ILLINOIS )
) SS.
COUNTY OF ______ )
The undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify
that ___________________________, personally known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that
he/she signed and delivered said instrument as his own free and voluntary act, for the uses and purposes
therein set forth.
GIVEN under my hand and Notarial seal this ____ day of __________________, 2020
.
__________________________________________
Notary Public
{30084: 355: 02969391.DOCX :3 } {30084: 355: 02969391.DOCX :3 }
EXHIBIT A
I. CONDOMINIUM PROPERTY
ALL OF THE REAL ESTATE WHICH IS SUBJECT TO DECLARATION OF LEGEND
LAKES NEIGHBORHOOD I CONDOMINIUM, RECORDED IN THE OFFICE OF THE
MCHENRY COUNTY RECORDER ON MARCH 21, 2007, AS DOCUMENT
2007R0018904 (THE “CONDOMINIUM DECLARATION”).
II. TOWNHOME PROPERTY:
THOSE PORTIONS OF LOTS 1, 2, 3 AND 4 IN THE FINAL PLAT OF LEGEND LAKES-
NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF
SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 14, 2006 AS DOCUMENT NO.
2006R0067400 AND CERTIFICATE OF CORRECTION RECORDED OCTOBER 19, 2006 AS
DOCUMENT NO. 2006R0077102 AND CERTIFICATE OF CORRECTION RECORDED JUNE 13,
2007 AS DOCUMENT NO. 2007R0041062, IN MCHENRY COUNTY, ILLINOIS, WHICH ARE
COVERED BY THE FOLLOWING PINS:
PINs: 09-33-102-010 (PORTION OF LOT 1)
09-33-155-003 (PORTION OF LOT 2)
09-33-104-011 (PORTION OF LOT 3)
09-33-105-005 (PORTION OF LOT 4)
EXCEPTING THEREFROM: THOSE PORTIONS OF LOTS 1, 2 AND 3 WHICH ARE HIGHLIGHTED
IN YELLOW BELOW:
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EXHIBIT B
Preliminary Townhome Plat/Subdivision
[To be inserted]
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EXHIBIT C
Open Space Area
[To be inserted]
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EXHIBIT D
Shared Driveway and Lot 35 TH Improvement Area
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EXHIBIT E
Unit 25-1 Driveway Encroachment Area
{30084: 355: 02977716.DOC : } i
THIS INSTRUMENT PREPARED
BY AND SHOULD BE RETURNED
TO:
Brian Meltzer
MELTZER, PURTILL & STELLE LLC
1515 East Woodfield Road
Suite 250
Schaumburg, Illinois 60173-5431
DECLARATION FOR LEGEND LAKES NEIGHBORHOOD 1 TOWNHOMES
TABLE OF CONTENTS
ARTICLE ONE Definitions....................................................................................................................................... 2
1.01 ASSOCIATION ................................................................................................................................................ 2
1.02 CHARGES........................................................................................................................................................ 2
1.03 COMMON AREA ............................................................................................................................................ 2
1.04 COMMON ASSESSMENT ............................................................................................................................. 2
1.05 COMMON EXPENSES ................................................................................................................................... 2
1.06 CONDOMINIUM ASSOCIATION ................................................................................................................. 2
1.07 CONDOMINIUM DECLARATION ............................................................................................................... 2
1.08 CROSS EASEMENT AND COST SHARING AGREEMENT....................................................................... 2
1.09 COUNTY.......................................................................................................................................................... 3
1.10 DECLARANT .................................................................................................................................................. 3
1.11 DECLARATION .............................................................................................................................................. 3
1.12 DECLARANT’S DEVELOPMENT PLAN ..................................................................................................... 3
1.13 DESIGNATED BUILDER ............................................................................................................................... 3
1.14 DEVELOPMENT AREA ................................................................................................................................. 3
1.15 FIRST MORTGAGEE ..................................................................................................................................... 3
1.16 HOME .............................................................................................................................................................. 3
1.17 HOME EXTERIOR .......................................................................................................................................... 3
1.18 INVESTOR OWNER ....................................................................................................................................... 3
1.19 LOT .................................................................................................................................................................. 3
1.20 MANAGER(S) ................................................................................................................................................. 4
1.21 MASTER ASSOCIATION............................................................................................................................... 4
1.22 MASTER DECLARATION ............................................................................................................................. 4
1.23 MUNICIPALITY ............................................................................................................................................. 4
1.24 OPERATING AGREEMENT .......................................................................................................................... 4
1.25 OWNER............................................................................................................................................................ 4
1.26 PARCEL ........................................................................................................................................................... 4
1.27 PERSON ........................................................................................................................................................... 4
1.28 PLAT ................................................................................................................................................................ 4
1.29 PREMISES ....................................................................................................................................................... 4
1.30 RECORD .......................................................................................................................................................... 5
1.31 RESIDENT ....................................................................................................................................................... 5
1.32 TURNOVER DATE ......................................................................................................................................... 5
1.33 VOTING MEMBER ......................................................................................................................................... 5
ABOVE SPACE FOR RECORDER’S USE ONLY
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ARTICLE TWO Scope of Declaration/Certain Easements .................................................................................... 5
2.01 PROPERTY SUBJECT TO DECLARATION................................................................................................. 5
2.02 CONVEYANCES SUBJECT TO DECLARATION ....................................................................................... 5
2.03 DURATION ..................................................................................................................................................... 5
2.04 PARCEL CONVEYANCE ............................................................................................................................... 5
2.05 ACCESS EASEMENT ..................................................................................................................................... 6
2.06 RIGHT OF ENJOYMENT ............................................................................................................................... 6
2.07 DELEGATION OF USE .................................................................................................................................. 6
2.08 RULES AND REGULATIONS ....................................................................................................................... 6
2.09 UTILITY EASEMENTS .................................................................................................................................. 6
2.10 EASEMENTS, LEASES, LICENSES AND CONCESSIONS ........................................................................ 7
2.11 ASSOCIATION'S ACCESS ............................................................................................................................. 7
2.12 NO DEDICATION TO PUBLIC USE ............................................................................................................. 7
2.13 EASEMENT FOR ENCROACHMENT .......................................................................................................... 7
2.14 OWNERSHIP OF COMMON AREA .............................................................................................................. 8
2.15 LEASE OF HOME ........................................................................................................................................... 8
2.16 REAL ESTATE TAXES FOR COMMON AREA .......................................................................................... 8
ARTICLE THREE Maintenance ................................................................................................................................ 9
3.01 IN GENERAL .................................................................................................................................................. 9
3.02 MAINTENANCE BY THE ASSOCIATION .................................................................................................. 9
3.03 MAINTENANCE BY OWNER ..................................................................................................................... 10
3.04 CERTAIN UTILITY COSTS ......................................................................................................................... 11
3.05 DAMAGE BY OWNER OR RESIDENT ...................................................................................................... 11
3.06 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO THE COMMON AREA ................................ 12
3.07 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO HOMES AND HOME EXTERIORS ............ 12
3.08 SPECIAL SERVICES .................................................................................................................................... 13
3.09 PRIVACY AREAS ......................................................................................................................................... 13
ARTICLE FOUR Insurance/Condemnation .......................................................................................................... 14
4.01 HAZARD INSURANCE ................................................................................................................................ 14
4.02 INSURANCE TRUSTEE/USE OF PROCEEDS ........................................................................................... 14
4.03 OTHER INSURANCE ................................................................................................................................... 14
4.04 OWNER'S RESPONSIBILITY ...................................................................................................................... 15
4.05 WAIVER OF SUBROGATION ..................................................................................................................... 16
4.06 REPAIR OR RECONSTRUCTION ............................................................................................................... 16
4.07 CONDEMNATION ........................................................................................................................................ 17
ARTICLE FIVE The Association ........................................................................................................................ 17
5.01 IN GENERAL ................................................................................................................................................ 17
5.02 MEMBERSHIP .............................................................................................................................................. 18
5.03 VOTING MEMBERS .................................................................................................................................... 18
5.04 MANAGERS .................................................................................................................................................. 18
5.05 VOTING RIGHTS.......................................................................................................................................... 18
5.06 MANAGER LIABILITY ............................................................................................................................... 18
5.07 MANAGING AGENT .................................................................................................................................... 19
5.08 REPRESENTATION ..................................................................................................................................... 19
5.09 DISSOLUTION .............................................................................................................................................. 19
5.10 CONVERSION/MERGER ............................................................................................................................. 19
5.11 LITIGATION ................................................................................................................................................. 20
ARTICLE SIX Assessments .................................................................................................................................. 20
6.01 PURPOSE OF ASSESSMENTS .................................................................................................................... 20
6.02 COMMON ASSESSMENT ........................................................................................................................... 20
6.03 PAYMENT OF COMMON ASSESSMENT ................................................................................................. 21
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6.04 REVISED ASSESSMENT ............................................................................................................................. 21
6.05 SPECIAL ASSESSMENT .............................................................................................................................. 21
6.06 CAPITAL RESERVE ..................................................................................................................................... 22
6.07 INITIAL CAPITAL CONTRIBUTION ......................................................................................................... 23
6.08 PAYMENT OF ASSESSMENTS .................................................................................................................. 23
ARTICLE SEVEN Collection of Charges and Remedies for Breach or Violation .................................................. 23
7.01 CREATION OF LIEN AND PERSONAL OBLIGATION ........................................................................... 23
7.02 COLLECTION OF CHARGES ...................................................................................................................... 23
7.03 NON-PAYMENT OF CHARGES ................................................................................................................. 23
7.04 LIEN FOR CHARGES SUBORDINATED TO MORTGAGES ................................................................... 23
7.05 SELF-HELP BY MANAGERS ...................................................................................................................... 24
7.06 OTHER REMEDIES OF THE MANAGERS ................................................................................................ 24
7.07 COSTS AND EXPENSES.............................................................................................................................. 24
7.08 ENFORCEMENT BY OWNERS .................................................................................................................. 24
7.09 BACKUP SSA ................................................................................................................................................ 24
ARTICLE EIGHT Use Restrictions ........................................................................................................................ 25
8.01 INDUSTRY/SIGNS ....................................................................................................................................... 25
8.02 UNSIGHTLY USES ....................................................................................................................................... 25
8.03 SATELLITE DISHES/ANTENNAE .............................................................................................................. 25
8.04 RESIDENTIAL USE ONLY .......................................................................................................................... 25
8.05 PARKING ...................................................................................................................................................... 25
8.06 OBSTRUCTIONS .......................................................................................................................................... 26
8.07 PETS ............................................................................................................................................................... 26
8.08 NO NUISANCE ............................................................................................................................................. 26
8.09 STRUCTURAL IMPAIRMENT .................................................................................................................... 26
8.10 WATERING ................................................................................................................................................... 26
8.11 BALCONIES / GRILLS ................................................................................................................................. 27
8.12 USE AFFECTING INSURANCE .................................................................................................................. 27
8.13 OTHER STRUCTURES ................................................................................................................................ 27
8.14 SOLAR ENERGY SYSTEMS ....................................................................................................................... 27
ARTICLE NINE Declarant's Reserved Rights and Special Provisions Covering Development Period ............... 27
9.01 IN GENERAL ................................................................................................................................................ 27
9.02 PROMOTION OF PROJECT ......................................................................................................................... 27
9.03 CONSTRUCTION ON PREMISES ............................................................................................................... 28
9.04 GRANT OF EASEMENTS AND DEDICATIONS ....................................................................................... 28
9.05 DECLARANT CONTROL OF ASSOCIATION ........................................................................................... 28
9.06 OTHER RIGHTS............................................................................................................................................ 28
9.07 ASSIGNMENT BY DECLARANT ............................................................................................................... 28
9.08 MATTERS AFFECTING COMMON AREA ................................................................................................ 29
9.09 ARCHITECTURAL CONTROLS ................................................................................................................. 29
ARTICLE TEN Amendments ................................................................................................................................. 29
10.01 SPECIAL AMENDMENTS ......................................................................................................................... 29
10.02 AMENDMENT ............................................................................................................................................ 30
ARTICLE ELEVEN First Mortgagees Rights ......................................................................................................... 30
11.01 NOTICE TO FIRST MORTGAGEES ......................................................................................................... 30
11.02 CONSENT OF FIRST MORTGAGEES ...................................................................................................... 31
11.03 INSURANCE PROCEEDS/CONDEMNATION AWARDS ...................................................................... 32
ARTICLE TWELVE Annexing Additional Property .................................................................................................. 32
12.01 IN GENERAL .............................................................................................................................................. 32
12.02 POWER TO AMEND .................................................................................................................................. 32
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12.03 EFFECT OF SUPPLEMENTAL DECLARATION ..................................................................................... 33
ARTICLE THIRTEEN Party Walls ......................................................................................................................... 33
13.01 PARTY WALL ............................................................................................................................................. 33
13.02 RIGHTS IN PARTY WALL ........................................................................................................................ 34
13.03 DAMAGE TO PARTY WALL .................................................................................................................... 34
13.04 CHANGE IN PARTY WALL ...................................................................................................................... 34
13.05 ARBITRATION ........................................................................................................................................... 34
ARTICLE FOURTEEN Dispute Resolution ............................................................................................................ 35
14.02 ALTERNATIVE PROCECURES FOR RESOLVING DISPUTES ............................................................ 35
14.02 ACTION BY THE ASSOCIATION ............................................................................................................ 36
14.03 MANDATORY PROCEDURES.................................................................................................................. 36
14.04 COSTS .......................................................................................................................................................... 38
14.05 TIME FOR COMMENCEMENT ................................................................................................................ 38
14.06 NO PRECLUSIVE EFFECT OR COLLATERAL ESTOPPEL .................................................................. 39
14.07 ENFORCEABILITY .................................................................................................................................... 39
14.08 NO CLASS OR REPRESENTATIVE ACTIONS ....................................................................................... 39
14.09 NO EXTENSION OF TIME ........................................................................................................................ 39
14.10 OTHER DISPUTE RESOLUTION .............................................................................................................. 39
14.11 AMENDMENT OF ARTICLE .................................................................................................................... 40
14.12 AMENDMENT OF ARTICLE .................................................................................................................... 40
ARTICLE FIFTEEN The Master Associaiton ......................................................................................................... 40
15.01 IN GENERAL .............................................................................................................................................. 40
15.02 BILLING AND COLLECTION OF MASTER ASSESSMENTS ............................................................... 40
15.03 COLLECTION OF DELINQUENT MASTER ASSESSMENTS ............................................................... 41
ARTICLE SIXTEEN Miscellaneous ....................................................................................................................... 41
16.01 NOTICE........................................................................................................................................................ 41
16.02 CAPTIONS ................................................................................................................................................... 41
16.03 SEVERABILITY .......................................................................................................................................... 41
16.04 PERPETUITIES AND OTHER INVALIDITY ........................................................................................... 41
16.05 TITLE HOLDING LAND TRUST .............................................................................................................. 41
16.06 DESIGNATED BUILDERS ......................................................................................................................... 42
16.07 WAIVER OF IMPLIED WARRANTY OF HABITABILITY AND OTHER WARRANTIES ................. 43
{30084: 355: 02977716.DOC : } 1
DECLARATION FOR LEGEND LAKES NEIGHBORHOOD 1 TOWNHOMES
This Declaration is made by CalAtlantic Group, Inc., a Delaware corporation
("Declarant").
The Development Area is legally described in Exhibit A hereto. Some or all of the
Development Area shall be the subject of a phased development called Legend Lakes
Neighborhood 1 Townhomes (the "Development"). The Development shall include dwelling
units and other areas which will be maintained by the Association.
Initially, the Declarant shall subject the real estate which is legally described in Exhibit B
hereto to the provisions of this Declaration as the Premises. From time to time the Declarant
may subject additional portions of the Development Area to the provisions of this Declaration as
Added Premises or remove portions of the Development Area from the Premises, as more fully
described in Article Twelve. As Supplemental Declarations are Recorded, the Premises will
expand to include more and more portions of the Development Area. Nothing in this Declaration
shall be construed to require the Declarant to subject additional portions of the Development
Area to the provisions of this Declaration. Those portions of the Development Area which are
not made subject to the provisions of this Declaration as Premises may be used for any purposes
not prohibited by law.
The Premises is also subject to the Master Declaration which is administered by the
Master Association (as those terms are defined in Article One). Each Owner of a Parcel
hereunder shall be a member of both the Association and the Master Association and shall be
responsible for the payment of assessments to each association; provided, that the Association
shall be responsible for collecting assessments payable to the Master Association from Owners
of Parcels hereunder, and remitting such payments to the Master Association.
Portions of the Premises shall be designated as a Common Area hereunder. In order to
provide for the orderly and proper administration and maintenance of the Premises, the Declarant
has formed (or will form) the Association under the Illinois Limited Liability Company Act. The
Association shall have the responsibility for administering and maintaining the Common Area
and certain portions of the Parcels and Home Exteriors and shall set budgets and fix assessments
to pay the expenses incurred in connection with such duties. Each Owner of a Parcel shall be a
member of the Association and shall be responsible for paying assessments with respect to the
Parcel owned by such Owner.
During the construction and marketing of the Development, the Declarant shall retain
certain rights set forth in this Declaration, which rights shall include, without limitation, the
right, prior to the Turnover Date, to manage the affairs of the Association, as more fully
described in Article Nine and in the Operating Agreement and the right to come upon the
Premises in connection with Declarant's efforts to sell Homes and other rights reserved in
Article Nine.
NOW, THEREFORE, the Declarant hereby declares as follows:
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ARTICLE ONE
Definitions
For the purpose of brevity and clarity, certain words and terms used in this Declaration
are defined as follows:
1.01 ASSOCIATION: Legend Lakes Neighborhood 1 Townhome Owners Association,
LLC, an Illinois limited liability company, its successors and assigns.
1.02 CHARGES: The Common Assessment, any special assessment levied by the
Association and/or any other charges or payments which an Owner is required to pay or for
which an Owner is liable under this Declaration or the Operating Agreement.
1.03 COMMON AREA: Those portions of the Premises which are designated as
Common Area in Exhibit B hereto from time to time and all improvements thereto and
landscaping thereon. The Common Area shall generally consist of all portions of the Premises
located outside of the Homes and the Home Exteriors.
1.04 COMMON ASSESSMENT: The amounts which the Association shall assess and
collect from the Owners to pay the Common Expenses and accumulate reserves for such
expenses, as more fully described in Article Six.
1.05 COMMON EXPENSES: The expenses of administration (including management
and professional services) of the Association; the expenses of the operation, maintenance, repair,
replacement of landscaping and other improvements located on the Common Area; the expenses
of the services and maintenance required to be furnished by the Association under Section 3.02;
amounts payable by the Association pursuant to the Cross Easement and Cost Sharing
Agreement; premiums for insurance policies maintained by the Association hereunder; the cost
of general and special real estate taxes, if any, levied or assessed against the Common Area
(which is not part of a Parcel); if not separately metered or charged to the Owners, the cost of
waste removal, scavenger services, water, sewer, or other necessary utility services to the
buildings; any expenses designated as Common Expenses hereunder; and any other expenses
lawfully incurred by or on behalf of the Association for the common benefit of all of the Owners.
Notwithstanding the foregoing, Common Expenses shall not include any payments made out of
Capital Reserves.
1.06 CONDOMINIUM ASSOCIATION: The Legend Lakes Neighborhood I
Condominium Association, Inc., an Illinois not for profit corporation, its successors and assigns.
1.07 CONDOMINIUM DECLARATION: That certain Declaration of Legend Lakes
Neighborhood I Condominium, recorded with the McHenry County Recorder, as Document No.
2007R0018904, as supplemented and amended from time to time.
1.08 CROSS EASEMENT AND COST SHARING AGREEMENT: That certain Cross
Easement and Cost Sharing Agreement between the Association and Condominium Association,
{30084: 355: 02977716.DOC : } 3
Recorded as Document _____________, as supplemented and amended from time to time.
1.09 COUNTY: McHenry County, Illinois or any political entity which may from time
to time be empowered to perform the functions or exercise the powers vested in the County as of
the Recording of this Declaration.
1.10 DECLARANT: CalAtlantic Group, Inc., a Delaware corporation, its successors
and assigns.
1.11 DECLARATION: This instrument with all Exhibits hereto, as amended or
supplemented from time to time.
1.12 DECLARANT’S DEVELOPMENT PLAN: Declarant’s current plan for the
Development which shall be maintained by the Declarant at its principal place of business and
may be changed at any time, or from time to time, without notice.
1.13 DESIGNATED BUILDER: Any legal entity which is designated, from time to
time, by the Declarant as a “Designated Builder” in a Special Amendment or Supplemental
Declaration, as more fully provided herein.
1.14 DEVELOPMENT AREA: The real estate described in Exhibit A hereto with all
improvements thereon and rights appurtenant thereto, as Exhibit A may be amended as provided
in Section 10.01. Exhibit A is attached hereto for informational purposes only and no covenants,
conditions, restrictions, easements, liens or changes shall attach to any part of the real estate
described therein, except to the extent that portions thereof are described in Exhibit B and
expressly made subject to the provisions of this Declaration as part of the Premises. Any
portions of the Development Area which are not made subject to the provisions of this
Declaration as part of the Premises may be developed and used for any purposes not prohibited
by law, including, without limitation, as a residential development which is administered
separate from the Development.
1.15 FIRST MORTGAGEE: The holder of a bona fide first mortgage, first trust deed or
equivalent security interest covering a Parcel.
1.16 HOME: That portion of a Parcel which is improved with a dwelling unit.
1.17 HOME EXTERIOR: The roof, gutters, downspouts, foundation or slab, footings,
steps, decks, patios and outer surface of exterior walls of a Home. The Home Exterior shall not
include windows, window frames, window glass, doors (including garage and storm doors) or
screening which are part of a Home.
1.18 INVESTOR OWNER: An Owner who intends to lease his or her Home or Homes
for investment purposes and delivers written notice thereof to the Association.
1.19 LOT: A subdivided lot which is designated in Exhibit B as a “Lot”.
{30084: 355: 02977716.DOC : } 4
1.20 MANAGER(S): The manager or managers from time to time as appointed or
elected as provided in this Declaration or the Operating Agreement; provided, that if the
Association is merged into an Illinois not for profit corporation, as more fully provided in
Section 5.11 below, the Managers shall be the board of directors of the Association.
1.21 MASTER ASSOCIATION: Legend Lakes Master Association, an Illinois not for
profit corporation, its successors and assigns.
1.22 MASTER DECLARATION: That certain Declaration of Covenants, Conditions,
Easements and Restrictions for The Legend Lakes Master Association, Recorded as Document
2003R0084766, as supplemented and amended from time to time.
1.23 MUNICIPALITY: The City of McHenry, an Illinois municipal corporation, or any
political entity which may from time to time be empowered to perform the functions or exercise
the powers vested in the Municipality as of the Recording of this Declaration.
1.24 OPERATING AGREEMENT: The Operating Agreement of the Association which
is attached hereto as Exhibit C; provided, that, if the Association is merged into an Illinois not
for profit corporation, as more fully provided in Section 5.11 below, the term Operating
Agreement as used herein shall mean the by-laws of the Association.
1.25 OWNER: A Record owner, whether one or more persons, of fee simple title to a
Parcel, including a contract seller, but excluding those having such interest merely as security for
the performance of an obligation. The Declarant shall be deemed to be an Owner with respect to
each Parcel owned by the Declarant and, if a Parcel is not yet divided into Parcels, the number of
Parcels proposed for such Parcel on the Declarant’s Development Plan.
1.26 PARCEL: Each Parcel shall be improved with a building containing at least four
(4) dwelling units. Each dwelling unit on a Parcel shall share a perimeter wall with at least one
(1) other dwelling unit. The shared walls are defined as "Party Walls" in Section 13.01 hereof.
Each Parcel shall be divided into at least four (4) tracts which shall be defined by the Party
Walls, as extended to the lot line. Each such tract shall consist of a dwelling unit (including
approximately one-half (1/2) of the Party Wall which divides the dwelling unit from adjacent
dwelling units) landscapable areas, and portions of driveways and walkways. Each tract shall be
legally described in the deed which conveys the tract to the first purchaser thereof from the
Declarant and the tract so described, together with all improvements thereon, shall be a "Parcel"
hereunder.
1.27 PERSON: A natural individual, corporation, partnership, trustee or other legal
entity capable of holding title to real property.
1.28 PLAT: A plat of subdivision Recorded with respect to all or a portion of the
Premises.
1.29 PREMISES: Those portions of the Development Area which are legally described
in Exhibit B hereto, as amended from time to time, with all improvements thereon and rights
{30084: 355: 02977716.DOC : } 5
appurtenant thereto. Declarant shall have the right, but not the obligation, to make additional
portions of the Development Area subject to this Declaration as part of the Premises or remove
certain portions of the Development Area from the Premises, as more fully provided in Article
Twelve.
1.30 RECORD: To record in the office of the Recorder of Deeds for the County.
1.31 RESIDENT: An individual who resides in a Home.
1.32 TURNOVER DATE: The date on which the right of the Declarant to manage the
affairs of the Association is terminated under Section 9.05.
1.33 VOTING MEMBER: The individual who shall be entitled to vote in person or by
proxy at meetings of the Owners, as more fully set forth in Article Five.
ARTICLE TWO
Scope of Declaration/Certain Easements
2.01 PROPERTY SUBJECT TO DECLARATION: Declarant, as the owner of fee
simple title to the Premises, expressly intends to and by Recording this Declaration, does hereby
subject the Premises to the provisions of this Declaration. Declarant shall have the right and
power from time to time to subject additional portions of the Development Area to the provisions
of this Declaration as Added Premises or to remove portions of the Development Area from the
terms hereof, as provided in Article Twelve hereof. Nothing in this Declaration shall be
construed to obligate the Declarant to subject to this Declaration as Premises any portion of the
Development Area other than those portions which are described in Exhibit B hereto or which
are added to Exhibit B by Supplemental Declarations Recorded by Declarant pursuant to Article
Twelve.
2.02 CONVEYANCES SUBJECT TO DECLARATION: All easements, restrictions,
conditions, covenants, reservations, liens, charges, rights, benefits, and privileges which are
granted, created, reserved or declared by this Declaration shall be deemed to be covenants
appurtenant, running with the land and shall at all times inure to the benefit of and be binding on
any Person having at any time any interest or estate in the premises, and their respective heirs,
successors, personal representatives or assigns, regardless of whether the deed or other
instrument which creates or conveys the interest makes reference to this Declaration.
2.03 DURATION: Except as otherwise specifically provided herein the covenants,
conditions, restrictions, easements, reservations, liens, and charges, which are granted, created,
reserved or declared by this Declaration shall be appurtenant to and shall run with and bind the
land for a period of forty (40) years from the date of Recording of this Declaration and for
successive periods of ten (10) years each unless revoked, changed or amended in whole or in part
as provided in Section 10.02.
2.04 PARCEL CONVEYANCE: Once a Parcel has been conveyed by the Declarant to a
bona fide purchaser for value, then any subsequent conveyance or transfer of ownership of the
{30084: 355: 02977716.DOC : } 6
Parcel shall be of the entire Parcel and there shall be no conveyance or transfer of a portion of
the Parcel without the prior written consent of the Managers.
2.05 ACCESS EASEMENT: Each Owner and Resident of a Parcel shall have a non-
exclusive perpetual easement for ingress to and egress from his Parcel to public streets and roads
over and across the driveways and walkways located on the Common Area, which easement
shall run with the land, be appurtenant to and pass with title to every Parcel. The Municipality
and any governmental authority which has jurisdiction over the Premises shall have a non-
exclusive easement of access over roads and driveways located on the Common Area for police,
fire, ambulance, waste removal, snow removal, or for the purpose of furnishing municipal or
emergency services to the Premises. The Association, its employees, agents and contracts, shall
have the right of ingress to, egress from, and parking on the Common Area, and the right to store
equipment on the Common Area, for the purpose of furnishing any maintenance, repairs or
replacements of the Common Area and Home Exteriors, as required or permitted hereunder.
2.06 RIGHT OF ENJOYMENT: Each Owner shall have the non-exclusive right and
easement to use and enjoy the Common Area and the exclusive right to use and enjoy any patio
or deck constructed on the Owner's Parcel by the Declarant or as permitted under Section 3.07.
Such rights and easements shall run with the land, be appurtenant to and pass with title to every
Parcel, and shall be subject to and governed by the laws, ordinances and statutes of jurisdiction,
the provisions of this Declaration, the Operating Agreement, and the reasonable rules and
regulations from time to time adopted by the Association, including the right of the Association
to come upon a Parcel to furnish services hereunder.
2.07 DELEGATION OF USE: Subject to the provisions of this Declaration, the
Operating Agreement, and the reasonable rules and regulations from time to time adopted by the
Association, any Owner may delegate his right to use and enjoy the Common Area to Residents
of the Owner's Home. An Owner shall delegate such rights to tenants and contract purchasers of
the Owner's Parcel who are Residents.
2.08 RULES AND REGULATIONS: The use and enjoyment of the Premises shall at all
times be subject to reasonable rules and regulations duly adopted by the Association from time to
time.
2.09 UTILITY EASEMENTS: The Municipality and all public and private utilities
(including cable companies) serving the Premises are hereby granted the right to lay, construct,
renew, operate, and maintain conduits, cables, pipes, wires, transformers, switching apparatus
and other equipment, into and through the Common Area for the purpose of providing utility
services to the Premises or any other portion of the Development Area. In addition, each Owner
of a Home shall have a perpetual easement for the continued existence and use of water, sewer,
electric, gas or other utility lines, and/or components of other systems which were originally
installed by the Declarant or a utility company and which serve the Owner’s Home, which utility
lines or wiring may be located in the Common Area or any other portion of the Premises,
including, without limitation, under or through another Home.
{30084: 355: 02977716.DOC : } 7
2.10 EASEMENTS, LEASES, LICENSES AND CONCESSIONS: The Association
shall have the right and authority from time to time to lease or grant easements, licenses, or
concessions with regard to any portions or all of the Common Area for such uses and purposes as
the Managers deem to be in the best interests of the Owners and which are not prohibited
hereunder, including, without limitation, the right to grant easements for utilities. Any and all
proceeds from leases, easements, licenses or concessions with respect to the Common Area shall
be used to pay the Common Expenses. Also, the Association shall have the right and power to
dedicate any part or all of the roads or parking areas located on the Common Area to the
Municipality or other governmental authority which has jurisdiction over the Common Area.
Each Person, by acceptance of a deed, mortgage, trust deed, other evidence of obligation, or
other instrument relating to a Parcel, shall be deemed to grant a power coupled with an interest to
the Managers, as attorney-in-fact, to grant, cancel, alter or otherwise change the easements
provided for in this Section. Any instrument executed pursuant to the power granted herein shall
be executed by the President and attested to by the Secretary of the Association and duly
Recorded.
2.11 ASSOCIATION'S ACCESS: The Association shall have the right and power to
come onto any Parcel, Home and/or Home Exterior for the purpose of furnishing the services
required to be furnished hereunder or enforcing its rights and powers hereunder.
2.12 NO DEDICATION TO PUBLIC USE: Except for easements granted or
dedications made as permitted in Section 2.10, nothing contained in this Declaration shall be
construed or be deemed to constitute a dedication, express or implied, of any part of the
Common Area to or for any public use or purpose whatsoever.
2.13 EASEMENT FOR ENCROACHMENT: In the event that by reason of
construction, repair, reconstruction, settlement or shifting of an improvement to a Parcel, any
improvement which is intended to service and/or be part of the Parcel shall encroach upon any
part of any other Parcel or upon the Common Area or any improvement to the Common Area
shall encroach upon any part of a Parcel, then there shall be deemed to be an easement in favor
of and appurtenant to such encroaching improvement for the continuance, maintenance, repair
and replacement thereof; provided, however, that in no event shall an easement for any
encroachment be created in favor of any Owner (other than Declarant), if such encroachment
occurred due to the intentional, willful, or negligent conduct of such Owner or his agent.
Without limiting the foregoing, the Owner of each Parcel shall have an easement appurtenant to
his Parcel for the continuance, maintenance, repair and replacement of the following
improvements, if any, which encroach onto another Parcel or the Common Area:
(a) the eaves, gutters, downspouts, fascia, flashings, and like appendages which
serve the Home or the Parcel;
(b) the cantilever chimney which serves the Home on the Parcel;
(c) the cantilever air conditioning equipment which serves the Home on the
Parcel; or
{30084: 355: 02977716.DOC : } 8
(d) balconies, steps, porches, decks, sidewalks and patios which serve the Home
on the Parcel.
The Person who is responsible for the maintenance of any encroaching improvement for which
an easement for continuance, maintenance, repair and replacement thereof is granted under this
Section shall continue to be responsible for the maintenance of such encroaching improvement
and the Person who is responsible for the maintenance of the real estate upon which such
improvement encroaches shall not have the duty to maintain, repair or replace any such
encroaching improvement unless otherwise provided in this Declaration.
2.14 OWNERSHIP OF COMMON AREA: Those portions of the Common Area, if any,
which are part of a Parcel shall be owned by the Owner of the Parcel. Those portions of the
Common Area which are not part of a Parcel, shall be conveyed to the Association free of
mortgages no later than ninety (90) days after such portion is made subject hereto or the
Turnover Date, whichever occurs later.
2.15 LEASE OF HOME: Any Owner shall have the right to lease all (and not less than
all) of his Home subject to the following provisions:
(a) No Home shall be leased for less than six (6) months or for hotel or transient
purposes; and
(b) Any lease shall be in writing and shall provide that such lease shall be subject
to the terms of this Declaration and that any failure of the lessee to comply with the terms
of this Declaration shall be a default under the lease. A lessee shall be bound by the
provisions hereof regardless of whether the lease specifically refers to this Declaration.
(c) Each Owner who leases his Home shall be required to furnish the Association
with a copy of the lease and shall promptly notify the Association of any change in status
of the lease. The Association shall maintain a record of such information with respect to
all leased Homes.
The provisions of this Section 2.15 shall not apply to members of an Owner’s family. Any
amendment to this Section 2.15, or any other amendment to this Declaration which would
otherwise affect the right and/or ability of an Investor Owner to lease the Investor Owner’s
Home or Homes shall become effective only with the written consent of 100% of the Investor
Owners.
2.16 REAL ESTATE TAXES FOR COMMON AREA: If a tax bill is issued with
respect to Common Area (which is not part of a Parcel) which is made subject to this Declaration
in the middle of a tax year (regardless of when it is conveyed to the Association), then the tax bill
shall be prorated so that the Declarant shall be responsible for the payment of that portion of the
tax bill from January 1st of the tax year to the date that such Common Area is made subject to
this Declaration, and the Association shall be responsible for the balance of the tax bill for such
year, and any tax bills for subsequent years. Each Owner of a Parcel shall be responsible for the
payment of real estate taxes levied with respect to the Owner’s Parcel (including any portion of
the Owner’s Parcel which is designated as Common Area hereunder).
{30084: 355: 02977716.DOC : } 9
ARTICLE THREE
Maintenance
3.01 IN GENERAL: The restrictions and limitations contained in this Article shall be
subject to the rights of the Declarant set forth in Article Nine.
3.02 MAINTENANCE BY THE ASSOCIATION:
(a) The Association shall furnish the following and the cost thereof shall be Common
Expenses:
(i) Maintenance (including snow removal), repair and replacement of the
driveways and walkways located on the Premises;
(ii) Except as otherwise specifically provided in the Cross Easement and Cost
Sharing Agreement, maintenance, repair and replacement of improvements located on the
Common Area;
(iii) Except as otherwise specifically provided in the Cross Easement and Cost
Sharing Agreement, and subject to the provisions of Section 3.06, 3.07 and 3.09, grass
cutting and maintenance of grass and landscaping located on the Premises; however, the
watering of grass, shrubs, trees and other foliage on the Premises shall be furnished by
the Owners and/or Residents pursuant to rules, regulations and procedures adopted from
time to time by the Managers;
(iv) All maintenance, repair and replacement required to be furnished by the
Association pursuant to the Cross Easement and Cost Sharing Agreement;
(v) To the extent not maintained by a utility company, maintenance, repair and
replacement of the water, sewer, electric, gas and other utility lines and components of
other systems, if any, which (a) are located on the Premises, including, without limitation,
those located in the Common Area and those which run under or through Homes, and (b)
serve more than one Home; and
(vi) Maintenance, repair and replacement of any cluster mailboxes and pads
installed by the Declarant on the Premises, in accordance with the design, material and
color as originally installed.
(b) The Association shall furnish all maintenance (including periodic painting), repairs
and replacements to Home Exteriors, excluding, however, exterior window washing which shall
be the responsibility of the Owner of each Home, and the cost thereof shall be Common
Expenses.
(c) The Association shall maintain the grass, shrubs, trees, and flowers, if any, installed
by the Declarant on the Common Area ("Initial Plantings") as required hereunder, in accordance
{30084: 355: 02977716.DOC : } 10
with generally accepted landscape maintenance standards, including mowing, trimming,
fertilization, pruning, re-mulching, applications of insect and disease control, as needed, and any
other maintenance which will promote the health of the Initial Plantings. If the Association fails
to maintain the Initial Plantings in accordance with generally acceptable landscape maintenance
standards and Initial Plantings die or decline as a result of this failure, then, the Association shall
be responsible for the replacement of the declining or dead Initial Plantings, including, but not
limited to replacements required by the Municipality in connection with the Municipality's
acceptance of the Initial Plantings. All expenses incurred under this subsection shall be
Common Expenses.
3.03 MAINTENANCE BY OWNER:
(a) Except as otherwise specifically provided for in this Declaration, each Owner shall be
responsible for the maintenance, repair and replacement of his Home.
(b) The maintenance, repair and replacement of the Privacy Area, if any, appurtenant to a
Home shall be governed by the provisions of Section 3.09.
(c) The maintenance (other than periodic exterior painting), repair and replacement of
windows, window frames, window glass, doors (including garage and storm doors) and
screening on a Home shall be the responsibility of the Owner of the Home; however, at the
option of the Managers, such work shall be furnished by the Association and the cost thereof
charged to the Owner of the Home with respect to which the work is done based on actual cost,
as determined by the Managers in its or their reasonable judgment.
(d) To the extent not maintained by a utility company, maintenance, repair and
replacement of water, sewer, electric, gas and other utility lines, and components of other
systems, if any, which serve only the Owner’s Home and are located on any portion of the
Premises, including, without limitation, on the Common Area, under the Owner’s Home or other
Homes, or on another Owner’s Parcel, shall be the responsibility of the Owner of the Home
served by any such utility lines or system.
(e) If, in the judgment of the Managers, an Owner fails to maintain those portions of the
Owner's Home which the Owner is responsible for maintaining hereunder in good condition and
repair or the appearance of such portions is not of the quality of that of other Homes in the
Development or in compliance with rules and regulations adopted by the Managers from time to
time, then the Managers may, in its or their discretion, take the following action:
(i) advise the Owner of the work which must be done and allow the Owner at
least twenty (20) days (or less in the case of an emergency) to cause the work to be done;
and
(ii) if the work is not done to the satisfaction of the Managers, in its or their sole
judgment, then the Managers may seek injunctive relief, levy a fine and/or cause such
work to be done and the cost thereof shall be a Charge payable by the Owner to the
Association upon demand.
{30084: 355: 02977716.DOC : } 11
(f) Repairs and replacements which are required due to occurrences which are normally
covered by insurance required to be obtained by the Association under Section 4.01 shall be
made as provided in Section 4.06.
3.04 CERTAIN UTILITY COSTS:
(a) Certain utility costs incurred in connection with the use, operation and maintenance
of the Common Area and Home Exteriors may not be separately metered and billed to the
Association. Without limiting the foregoing, the Association shall have the right to use water
from taps or spigots which may be located on a Parcel for the purpose of watering landscaping
on the Common Areas. If the cost for such water or other utilities is metered and charged to
individual Homes rather than being separately metered and charged to the Association, then the
following shall apply:
(i) If in the opinion of the Managers, each Owner is sharing in a fair and
equitable manner the cost for such service, then no adjustment shall be made and each
Owner shall pay his own bill; or
(ii) If in the opinion of the Managers, the Owner of a Home is being charged
disproportionately for costs allocable to the Common Area and Home Exteriors, then the
Association shall pay, or reimburse such Owner, an amount equal to the portion of the
costs which in the reasonable determination of the Managers is properly allocable to the
Common Area and Home Exteriors and the amount thereof shall be Common Expenses
hereunder.
(b) Certain utility costs, such as water and sewer costs, may be billed to the Association
on a building by building basis. If this occurs, then the Association may charge to, and collect
from, the Owners of Homes in a building amounts necessary to pay the bills issued with respect
to the building, on such terms as the Managers deems to be fair, reasonable and appropriate. For
example, the Association may (but shall not be obligated to) submeter each Home and charge the
Owner of the Home on a periodic basis for the portion of the bill for the building which includes
the Home based on actual usage. Alternatively (or in addition) the Association may (i) require
an Owner to pay an amount each month which the Managers believes will approximate what the
utility costs allocable to the Owner’s Home will be and (ii) make appropriate adjustments
periodically to reflect the actual costs allocable to the Home.
(c) Any determinations or allocations made hereunder by the Managers shall be final and
binding on all parties.
3.05 DAMAGE BY OWNER OR RESIDENT: If, due to the act or omission of a
Resident of a Home, or of a household pet or guest or other authorized occupant or invitee of the
Owner of a Parcel, damage shall be caused to any property insured by the Association pursuant
to Section 4.01, and maintenance, repairs or replacements shall be required thereby, which would
otherwise be a Common Expense, then the Owner of the Parcel shall pay for such damage and
such maintenance, repairs and replacements, as may be determined by the Managers, to the
{30084: 355: 02977716.DOC : } 12
extent not covered by insurance carried by the Association, including, without limitation, the
deductible amount under any applicable insurance policy.
3.06 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO THE COMMON
AREA:
(a) No alterations, additions or improvements shall be made to the Common Area
without the prior written approval of the Managers.
(b) The Association may cause alterations, additions or improvements to be made to the
Common Area, and the cost thereof shall be paid from a special assessment, as more fully
described in Section 6.05.
(c) If the Association shall alter, in any way, landscaping which was installed by the
Declarant on the Common Area in accordance with plans approved by the Municipality, and if
the Municipality requires that the altered area be returned to its original state, then the
Association shall be responsible for restoring the altered area in accordance with the plans
approved by the Municipality and the cost thereof shall be a Common Expense.
3.07 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO HOMES AND HOME
EXTERIORS: With respect to any Parcel which has been improved with a Home and conveyed
to a bona fide purchaser for value, no additions, alterations or improvements shall be made to the
Parcel (including any portion of a Home which is visible from outside the Home) by the Owner
without the prior written consent of the Managers and, until the Declarant no longer holds title to
any portion of the Development Area, the Declarant. The Managers may (but shall not be
required to) condition its consent to the making of an addition, alteration or improvement to a
Parcel which requires the consent of the Managers upon the Owner's agreement either (i) to be
solely responsible for the maintenance of such addition, alteration or improvement, subject to
such standards as the Managers may from time to time set, or (ii) if the addition, alteration or
improvement is required to be maintained hereunder by the Association as part of the Common
Expenses, to pay to the Association from time to time the additional cost of maintenance as a
result of the addition, alteration or improvement. The Managers may adopt, and from time to
time modify, policies concerning alterations, additions and improvements to Parcels and Homes.
The Manager’s decision to approve or disapprove an alteration, addition or improvement in one
instance shall not in any way create or establish a precedent for how the Managers must respond
to a request for an alteration, addition or improvement subsequently made, it being understood
that circumstances, situations and standards may change and the Managers reserves the right and
power to grant or deny requests as Managers believe are appropriate in Manager’s sole
discretion. If an addition, alteration or improvement which requires consent of the Managers
and/or Declarant hereunder is made to a Parcel by an Owner without the prior written consent of
the Managers or Declarant, or both, as applicable, then (i) the Managers may, in its or their
discretion, take any of the following actions; and (ii) until such time as the Declarant no longer
owns or controls title to any portion of the Development Area, the Declarant may, in its
discretion take any of the following actions:
{30084: 355: 02977716.DOC : } 13
(i) Require the Owner to remove the addition, alteration or improvement and
restore the Parcel to its original condition, all at the Owner's expense; or
(ii) If the Owner refuses or fails to properly perform the work required under (a),
the Managers may cause such work to be done and may charge the Owner for the cost
thereof as determined by the Managers or the Declarant, as applicable; or
(iii) Ratify the action taken by the Owner, and the Managers may (but shall not
be required to) condition such ratification upon the same conditions which it may impose
upon the giving of its or their prior consent under this Section.
3.08 SPECIAL SERVICES : The Managers may furnish to an Owner or Owners special
services relating to the use and occupancy of a Parcel or Parcels and may charge the cost of
providing such services to the Owner or Owners who benefit from the service. Without limiting
the foregoing, the Association may contract with a provider of a special service, such as satellite
TV service, cable TV service, internet access or other similar service, either make such service
available to all Parcels or offer such service to each of the Owners on a voluntary basis. The
Managers may charge the Owner of each Parcel which receives any such service for the
reasonable cost of providing such service, which may be allocated in equal shares for each of the
Parcels which is served or on such other reasonable basis as the Managers may deem
appropriate. Any amount charged to an Owner for services furnished pursuant to this Section
shall be due and payable at such time or times as designated by the Managers and failure to pay
any such amount shall give rise to a lien provided for in Section 7.01.
3.09 PRIVACY AREAS: Certain portions of the Common Area may be designated as
being reserved for the exclusive use of the Residents of a particular Home as a garden, patio,
deck or other similar use ("Privacy Area"), as provided in this Section. The Declarant may
designate portions of the Common Area as Privacy Areas by so designating such portions in
Exhibit B. Alternatively, the Managers may designate Privacy Areas pursuant to rules and
regulations adopted from time to time by the Managers. The Managers shall maintain a record
of all Privacy Areas and to which Home each Privacy Area is assigned. The right to use a
Privacy Area which is assigned to a Home shall run with title to the Parcel which includes the
Home. Subject to rules and regulations established from time to time by the Association, an
Owner may landscape his Privacy Area, or otherwise improve his Privacy Area in a manner
which compliments and enhances the aesthetic appearance of the Development. The Owner
shall be solely responsible, at his own expense, for the maintenance, repair, upkeep, planting and
replanting of his Privacy Area and any improvements thereto. If the Owner fails, in the sole
judgment of the Managers, to properly maintain his Privacy Area, then the Managers, in its
discretion and at the Owner's expense, may (i) cause the Privacy Area to be properly maintained
and the cost thereof shall be a Charge to the Owner, or (ii) cause the Privacy Area to be restored
to its original state in conformity with the surrounding landscape (and the cost thereof shall be a
Charge to the Owner), in which case such portion of the Common Area shall no longer be
deemed to be a Privacy Area and the Owner shall no longer have any rights under this Section
with respect to such portion of the Common Area.
{30084: 355: 02977716.DOC : } 14
ARTICLE FOUR
Insurance/Condemnation
4.01 HAZARD INSURANCE: Except as otherwise provided in Section 4.04 hereof, the
Managers shall have the authority to and shall obtain what is currently commonly referred to as
“bare wall” insurance for the Premises and all improvements thereto against loss or damage by
fire and such other hazards as may be required under applicable requirements of Fannie Mae
from time to time, as the Managers may deem desirable, or as reasonably required by First
Mortgagees, for the full insurable replacement cost of the Homes, and all improvements thereto.
Premiums for such insurance shall be Common Expenses. Such insurance coverage shall be
written in the name of, losses under such policies shall be adjusted by, and the proceeds of such
insurance shall be payable to, the Managers or the Association, as trustee for each of the Owners.
All such policies of insurance (i) shall contain standard mortgage clause endorsements in favor
of the First Mortgagees as their respective interests may appear, (ii) shall provide that the I
insurance shall not be invalidated by any act or neglect of any Owner, (iii) to the extent possible,
shall provide that such policy shall not be cancelled or substantially modified (including
cancellation for nonpayment of premium) without at least thirty (30) days' written notice to the
Association and the First Mortgagee of each Parcel, and (iv) shall contain waivers of subrogation
with respect to the Association and its Managers, directors, officers, employees and agents
(including the managing agent), Owners, occupants of the Home, First Mortgagees, the
Declarant and/or shall name all such parties as additional insured parties as their interests may
appear.
4.02 INSURANCE TRUSTEE/USE OF PROCEEDS: The Managers may engage the
services of any bank or trust company authorized to do trust business in Illinois to act as trustee,
agent or depository on behalf of the Managers for the purpose of receiving and disbursing the
insurance proceeds resulting from any loss, upon such terms as the Managers shall determine
consistent with the provisions of this Declaration. The fees of such corporate trustee shall be
Common Expenses. In the event of any loss in excess of $100,000.00 in the aggregate, the
Managers shall engage a corporate trustee as aforesaid. In the event of any loss resulting in the
destruction of the major portion of one or more Homes, the Managers shall engage a corporate
trustee as aforesaid upon the written demand of the First Mortgagee or any Owner of any Home
so destroyed. The rights of First Mortgagees under any standard mortgage clause endorsement
to such policies shall, notwithstanding anything to the contrary therein contained, at all times be
subject to the provisions of this Declaration with respect to the application of insurance proceeds
to the repair or reconstruction of the Homes. Payment by an insurance company to the Managers
or to such corporate trustee of the proceeds of any policy, and the receipt of a release from the
Managers of the company's liability under such policy, shall constitute a full discharge of such
insurance company, and such company shall be under no obligation to inquire into the terms of
any trust under which proceeds may be held pursuant hereto, or to take notice of any standard
mortgage clause endorsement inconsistent with the provisions hereof, or see to the application of
any payments of the proceeds of any policy by the Managers or the corporate trustee.
4.03 OTHER INSURANCE: The Managers shall also have the authority to and shall
obtain the following insurance:
{30084: 355: 02977716.DOC : } 15
(a) Comprehensive public liability and property damage insurance against claims
for personal injury or death or property damage suffered by the public or by any Owner
occurring in, on or about the Premises or upon, in or about the streets, private drives and
passageways and other areas adjoining the Premises, in such amounts as the Managers
shall deem desirable (but not less than $1,000,000 covering all claims for personal injury
and/or property damage arising out of a single occurrence).
(b) Such workers compensation insurance as may be necessary to comply with
applicable laws.
(c) Employer's liability insurance in such amount as the Managers shall deem
desirable.
(d) Fidelity bond indemnifying the Association, the Managers and the Owners for
loss of funds resulting from fraudulent or dishonest acts of any employee of the
Association or of any other person handling the funds of the Association, the Managers
or the Owners in such amount as the Managers shall deem desirable and as required
applicable regulations of Fannie Mae.
(e) Directors and officers (or the equivalent thereof) liability insurance covering
the Managers with full prior acts coverage and a retroactive date back as far as possible.
(f) Such other insurance in such reasonable amounts as is required under
applicable regulations of the Federal National Mortgage Association or the Managers
shall deem desirable.
Such insurance coverage shall include cross liability claims of one or more insured
parties against other insured parties. To the extent possible, all of such policies shall provide that
they may not be cancelled or substantially modified (including cancellation for nonpayment of
premium) without at least thirty (30) days' prior written notice to the Association and First
Mortgagees who specifically request such notice. The premiums for such insurance shall be
Common Expenses.
4.04 OWNER'S RESPONSIBILITY: Unless expressly advised to the contrary by the
Managers, each Owner shall obtain his or her own insurance on the contents of the Owner’s
Home and the fixtures, furnishings and personal property therein, through what is currently
commonly referred to as an “HO-6 policy”, which shall include all items inside the primer on
the drywall of the Owner’s Home, including, without limitation, floor coverings, wall coverings,
ceiling coverings, built in cabinets, fixtures, appliances, air conditioning equipment, furnace/hot
water heaters and sump and ejector pumps, regardless of from whom or when such items were
acquired. Such HO-6 policy shall also include the Owner’s personal liability to the extent not
covered by the liability insurance for all of the Owners obtained as part of the Common
Expenses as above provided. The Managers shall have no obligation whatsoever to obtain any
such HO-6 insurance coverage on behalf of an Owner.
{30084: 355: 02977716.DOC : } 16
4.05 WAIVER OF SUBROGATION: The Association and each Owner hereby waive
and release any and all claims which it or he may have against any other Owner, the Association,
its Managers, the Declarant, and the managing agent if any, and their respective employees and
agents, for damage to the Home or to any personal property located in a Home caused by fire or
other casualty, to the extent that such damage is covered by fire or other form of casualty
insurance, and to the extent this release is allowed by policies for such fire or other casualty
insurance.
4.06 REPAIR OR RECONSTRUCTION:
(a) In the case of damage by fire or other disaster to any Home (a "Damaged
Improvement") covered by insurance carried by the Association, where the insurance proceeds
are sufficient to repair or reconstruct the Damaged Improvement, the proceeds shall be used by
the Association to repair or reconstruct the Damaged Improvement.
(b) In the case of damage by fire or other disaster to any Home or building which
contains Homes covered by insurance carried by the Association, where the insurance proceeds
are insufficient to repair or reconstruct the Damaged Improvement or the Damaged Improvement
cannot be reconstructed as originally designed and built because of zoning, building or other
applicable laws, ordinances or regulations, the following procedure shall be followed:
(1) A meeting of the Owners shall be held not later than the first to occur of (i)
the expiration of thirty (30) days after the final adjustment of the insurance claims or (ii)
the expiration of ninety (90) days after the occurrence which caused the damage.
(2) At the meeting, the Managers shall present a plan for the repair or
reconstruction of the Damaged Improvement and an estimate of the cost of repair or
reconstruction, together with an estimate of the amount thereof which must be raised by
way of special assessment and a proposed schedule for the collection of a special
assessment to pay the excess cost.
(3) A vote shall then be taken on the question of whether or not the Damaged
Improvement shall be repaired or reconstructed based on the information provided by the
Managers under (2) above, including the proposed special assessment. The Damaged
Improvement shall be repaired or reconstructed and the proposed special assessment shall
be levied only upon the affirmative vote of Voting Members representing at least three-
fourths (3/4) of the votes cast.
(4) If the Voting Members do not vote to repair or reconstruct the Damaged
Improvement at the meeting provided for in (1) above, then the Managers may, at its or
their discretion, call another meeting or meetings of the Owners to reconsider the
question of whether or not the Damaged Improvement shall be repaired or reconstructed.
(5) If the Voting Members do not vote to repair or reconstruct the Damaged
Improvement under subsection (4) above, then the Managers may, with the consent of
Owners representing 75% of the Homes in the damaged building and First Mortgagees
{30084: 355: 02977716.DOC : } 17
representing 75% of the Homes (by number) subject to Mortgages in the building, amend
this Declaration to withdraw the building which includes the Damaged Improvement
from the terms hereof (except as provided below). The payment of just compensation, or
the allocation of any insurance or other proceeds to any withdrawing or remaining Owner
shall be made to such Owner and his First Mortgagee, as their interests may appear, on an
equitable basis, determined by the Managers. From and after the effective date of the
amendment referred to above in this paragraph, the Owner of a Home located in the
Building which is withdrawn shall have no responsibility for the payment of assessments
which would have been payable with respect to the Parcel if the amendment had not been
Recorded; provided, that, the Parcel shall continue to be subject to the provisions of
Section 3.07 hereof and upon issuance of an occupancy permit for a residential unit
constructed on a Parcel removed from the terms hereof as provided above, the Parcel
shall thereupon be subject to the terms hereof.
(c) If the Damaged Improvement is repaired or reconstructed, it shall be done in a
workmanlike manner and the Damaged Improvement, as repaired or reconstructed, shall be
substantially similar in design and construction to the improvements on the Premises as they
existed prior to the damage, with any variations or modifications required to comply with
applicable law.
(d) If the Damaged Improvement is not repaired or reconstructed, then the damaged
portion of the building shall be razed, or secured and otherwise maintained in conformance with
the rules or standards adopted from time to time by the Managers. Any reconstruction of the
building shall be subject to the provisions of Section 3.07.
4.07 CONDEMNATION: In the case of a taking or condemnation by competent
authority of any part of the Common Area (which is not part of a Parcel), the proceeds awarded
in such condemnation shall be paid to the Association and such proceeds, together with any
Capital Reserve being held for such part of the Common Area, shall, in the discretion of the
Board, either (i) be applied to pay the Common Expenses, (ii) be distributed to the Owners and
their respective First Mortgagees, as their interests may appear, in equal shares, or (iii) be used to
acquire additional real estate to be used and maintained for the mutual benefit of all Owners, as
Common Area under this Declaration. Any acquisition by the Association pursuant to this
Section of real estate which shall become Common Area hereunder shall not become effective
unless and until a supplement to this Declaration, which refers to this Section and legally
describes the real estate affected, is executed by a majority of the Managers of the Association
and Recorded.
ARTICLE FIVE
The Association
5.01 IN GENERAL: Declarant has caused or shall cause the Association to be organized
as a limited liability company, under the laws of the State of Illinois. The Association shall be
the governing body for all of the Owners for the administration and operation of the Common
Area and for the maintenance repair and replacement of the Common Area and certain portions
of the Home Exteriors as provided herein.
{30084: 355: 02977716.DOC : } 18
5.02 MEMBERSHIP: Each Owner shall be a member of the Association. There shall
be one membership per Parcel. There shall be two classes of membership. The Declarant shall
be the “Class B Member” with respect to Parcels or Parcels which it owns from time to time.
Each Owner other than the Declarant shall be a “Class A Member” with respect to each Parcel
which it owns. Membership shall be appurtenant to and may not be separated from ownership of
a Parcel. Ownership of a Parcel shall be the sole qualification for membership. The Association
shall be given written notice of the change of ownership of a Parcel within ten (10) days after
such change.
5.03 VOTING MEMBERS: Subject to the provisions of Section 9.05, voting rights of
the members of the Association shall be vested exclusively in the Voting Members. One
individual shall be designated as the "Voting Member" for each Parcel. The Voting Member or
his proxy shall be the individual who shall be entitled to vote at meetings of the Owners. If the
Parcel is owned by one individual, that individual shall be the Voting Member. If the Record
ownership of a Parcel shall be in more than one person, or if an Owner is a trustee, corporation,
partnership or other legal entity, then the Voting Member for the Parcel shall be designated by
such Owner or Owners in writing to the Managers and if in the case of multiple individual
Owners no designation is given, then the Managers at its or there election may recognize an
individual Owner of the Parcel as the Voting Member for such Parcel.
5.04 MANAGERS: Prior to the Turnover Date, the Managers shall be the Declarant, or
one or more entities or persons designated by the Declarant from time to time, who need not be
Owners or Voting Members. After the Turnover Date, the Managers shall consist of that number
of individuals provided for in the Operating Agreement, each of whom shall be an Owner or
Voting Member.
5.05 VOTING RIGHTS: Prior to the Turnover Date, all of the voting rights at each
meeting of the Association shall be vested exclusively in the Class B Member, the Declarant, and
the Owners (other than Declarant) shall have no voting rights. From and after the Turnover
Date, all of the voting rights at any meeting of the Association shall be vested in the Voting
Members and each Voting Member who represents a Parcel owned by a Class A Member shall
have one vote for each Parcel which the Voting Member represents and the Declarant, as the
Class B Member, shall have ten (10) votes for each Parcel which it owns or each Home which is
planned to be built on each Parcel (as shown on the Declarant’s Development Plan) which it
owns but which does not yet consist of Parcels. From and after the Turnover Date any action
may be taken by the Voting Members at any meeting at which a quorum is present (as provided
in the Operating Agreement) upon an affirmative vote of a majority of the votes represented at
such meeting by Voting Members and the Declarant, except as otherwise provided herein or in
the Operating Agreement.
5.06 MANAGER LIABILITY: The Managers of the Association shall not be personally
liable to the Association or the Owners for any mistake of judgment or for any other acts or
omissions of any nature whatsoever as such Managers except for any acts or omissions found by
a court to constitute criminal conduct, gross negligence or fraud. The Association shall
indemnify and hold harmless the Declarant and each of the Managers, and its or their heirs,
executors or administrators, against all contractual and other liabilities to the Association, the
{30084: 355: 02977716.DOC : } 19
Owners or others arising out of contracts made by or other acts of the Managers on behalf of the
Owners or the Association or arising out of their status as Managers unless any such contract or
act shall have been made criminally, fraudulently or with gross negligence. It is intended that the
foregoing indemnification shall include indemnification against all costs and expenses
(including, but not limited to, counsel fees, amounts of judgments paid and amounts paid in
settlement) actually and reasonably incurred in connection with the defense of any claim, action,
suit or proceeding, whether civil, criminal, administrative, or other in which any such Manager
may be involved by virtue of such person being or having been such Managers; provided,
however, that such indemnity shall not be operative with respect to (i) any matter as to which
such person shall have been finally adjudged in such action, suit or proceeding to be liable for
criminal conduct, gross negligence or fraud in the performance of his duties as such Manager, or
(ii) any matter settled or compromised, unless, in the opinion of independent counsel selected by
or in a manner determined by the Managers, there is not reasonable ground for such person being
adjudged liable for criminal conduct, gross negligence or fraud in the performance of his duties
as such Manager.
5.07 MANAGING AGENT: The Declarant (or an entity affiliated with the Declarant)
may be engaged by the Association to act as the managing agent for the Association and as
managing agent shall be paid a reasonable fee for its services as fixed by a written agreement
between the Association and the Declarant (or an entity controlled by the Declarant). Any
management agreement entered into by the Association prior to the Turnover Date shall have a
term of not more than two years and shall be terminable by the Association without payment of a
termination fee on ninety (90) days written notice.
5.08 REPRESENTATION: The Association shall have the power and right to represent
the interests of all of the Owners in connection with claims and disputes affecting the Common
Area and Home Exteriors. Without limiting the foregoing, the Association shall have the power
after the Turnover Date to settle warranty disputes or other disputes between the Association, the
Owners, and the Declarant affecting the construction, use or enjoyment of the Common Area and
Home Exteriors and any such settlement shall be final and shall bind all of the Owners.
5.09 DISSOLUTION: To the extent permissible under applicable law, in the event of
the dissolution of the Association, any Common Area owned by the Association shall be
conveyed to the Owners as tenants in common.
5.10 CONVERSION/MERGER: Prior to the Turnover Date, the Declarant, or after the
Turnover Date, the Managers shall have the right, power and authority to convert the Association
from an Illinois Limited Liability Company to an Illinois Not for Profit Corporation (“NFP
Conversion”), as permitted under applicable laws of the State of Illinois, as amended from time
to time (“IL Law”). In furtherance of the foregoing, a power coupled with an interest is hereby
reserved and granted to the Declarant and/or the Managers, as applicable, to make, consent to,
and execute such documents as may be required under IL Law on behalf of each Owner and the
Association. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument
affecting a Parcel and the acceptance thereof shall be deemed to be a grant and acknowledgment
of, and a consent to the reservation of, the power of the Declarant and/or the Managers to make,
consent to, and execute the NFP Conversion and take such other actions as the Declarant and/or
{30084: 355: 02977716.DOC : } 20
the Managers deem necessary or appropriate to carry out the intent of the NFP Conversion,
including, without limitation, adopting By-Laws for the Association to replace the Operating
Agreement.
5.11 LITIGATION: No judicial or administrative proceedings shall be commenced or
prosecuted by the Association without first holding a special meeting of the members and
obtaining the affirmative vote of Voting Members representing at least seventy-five percent
(75%) of the Parcels to the commencement and prosecution of the proposed action. This Section
shall not apply to (a) actions brought by the Association to enforce the provisions of this
Declaration, the Operating Agreement or rules and regulations adopted by the Managers
(including, without limitation, an action to recover Charges or to foreclose a lien for unpaid
Charges) or actions to enforce the terms of any contract or agreement to which the Association is
a party, or (b) counterclaims brought by the Association in proceedings instituted against it.
ARTICLE SIX
Assessments
6.01 PURPOSE OF ASSESSMENTS: The assessments levied by the Association shall
be exclusively to administer the affairs of the Association, to pay the Common Expenses, and to
accumulate reserves for any such expenses.
6.02 COMMON ASSESSMENT: Each year on or before December 1, the Managers
shall adopt and furnish each Owner with a budget for the ensuing calendar year, which shall
show the following with reasonable explanations and itemizations:
(a) The estimated Common Expenses;
(b) The estimated amount, if any, to maintain adequate reserves for Common
Expenses including, without limitation, amounts to maintain the Capital Reserve;
(c) The estimated net available cash receipts from the operation and use of the
Common Area and sources other than assessments, plus the estimated excess funds, if
any, from the current year's assessments;
(d) The amount of the "Common Assessment" payable by the Owners, which is
hereby defined as the amount determined in (a) above, plus the amount determined in (b)
above, minus the amount determined in (c) above;
(e) That portion of the Common Assessment which shall be payable by the
Owner of each Parcel which is subject to assessment hereunder each month until the next
Common Assessment or revised Common Assessment becomes effective, which monthly
amount shall be equal to the Common Assessment, divided by the number of Parcels,
divided by twelve (12), so that each Owner shall pay equal Common Assessments for
each Parcel owned.
Anything herein to the contrary notwithstanding the provisions of this paragraph shall
apply with respect to the period prior to the Turnover Date. Any budget ("Stabilized Budget")
{30084: 355: 02977716.DOC : } 21
prepared by the Managers prior to the Turnover Date shall be based on the assumptions that (i)
the Development has been fully constructed as shown on Declarant's Development Plan and (ii)
all proposed Homes have been sold, are occupied and are subject to assessment. Prior to the
Turnover Date, each Owner of a Parcel (other than Declarant) which is subject to assessment
shall pay a Common Assessment equal to the total cash needs, as shown on the Stabilized
Budget, divided by the total number of proposed Homes, as shown on the Declarant’s
Development Plan, divided by 12, so that each Owner (other than Declarant) will pay, with
respect to each Parcel which is subject to assessment and owned by the Owner, a monthly
Common Assessment equal to what such Owner would be paying with respect to the Owner's
Parcel if the Development were fully constructed pursuant to the Declarant’s Development Plan
and all proposed Homes have been built, are occupied and are subject to assessment. The
Declarant shall not be obligated to pay any Common Assessments to the Association prior to the
Turnover Date. However, if with respect to the period commencing on the date of the Recording
of this Declaration and ending on the Turnover Date, the amount of Common Assessments billed
to Owners (regardless of whether paid by Owners) and working capital contributions under
Section 6.07 payable by Owners (other than Declarant) less the portions thereof which are to be
added to Reserves is less than the Common Expenses actually incurred with respect to such
period, then the Declarant shall pay the difference to the Association. From time to time prior to
the Turnover Date, the Declarant may (but shall not be obligated to) advance to the Association
funds to be used by the Association to pay its expenses (“Advanced Funds”). A final accounting
and settlement of the amount, if any, owed by Declarant to the Association shall be made as soon
as practicable after the Turnover Date. If, and to the extent that, the final accounting determines
that the Advanced Funds, if any, are less than the amount owed by the Declarant to the
Association pursuant to this Section, the Declarant shall pay the difference to the Association. If,
and to the extent that, the final accounting determines that the Advanced Funds, if any, exceed
the amount owed by the Declarant to the Association pursuant to this Section, then the
Association shall pay such excess to the Declarant.
6.03 PAYMENT OF COMMON ASSESSMENT: On or before the 1st day of
January of the ensuing calendar year, and on the first day of each month thereafter until the
effective date of the next annual or revised Common Assessment, each Owner of a Parcel which
is subject to assessment shall pay to the Association, or as the Managers may direct, that portion
of the Common Assessment which is payable by each Owner of a Parcel under Section 6.02. For
purposes hereof, a Parcel shall only be subject to assessment hereunder from and after such time
as a certificate of occupancy has been issued by the Municipality with respect to the Home
constructed thereon.
6.04 REVISED ASSESSMENT: If the Common Assessment proves inadequate for any
reason (including nonpayment of any Owner's assessment) or proves to exceed funds reasonably
needed, then the Managers may increase or decrease the assessment payable under Section
6.02(e) by giving written notice thereof (together with a revised budget and explanation for the
adjustment) to each Owner not less than ten (10) days prior to the effective date of the revised
assessment.
6.05 SPECIAL ASSESSMENT: After the Turnover Date, the Managers may levy a
special assessment as provided in this Section (i) to pay (or build up reserves to pay) expenses
{30084: 355: 02977716.DOC : } 22
other than Common Expenses incurred (or to be incurred) by the Association from time to time
for a specific purpose including, without limitation, to make alterations, additions or
improvements to the Common Area, or any other property owned or maintained by the
Association; or (ii) to cover an unanticipated deficit under the prior year's budget. Any special
assessment shall be levied against all of Parcels which are subject to assessment in equal shares
for each such Parcel. No special assessment shall be adopted without the affirmative vote of
Voting Members representing at least two-thirds (2/3) of the votes cast on the question. The
Managers shall serve notice of a special assessment on all Owners by a statement in writing
giving the specific purpose and reasons therefor in reasonable detail, and the special assessment
shall be payable in such manner and on such terms as shall be fixed by the Managers. Any
assessments collected pursuant to this Section (other than those to cover an unanticipated deficit
under the prior year's budget) shall be segregated in a special account and used only for the
specific purpose set forth in the notice of assessment.
6.06 CAPITAL RESERVE: The Association shall segregate and maintain a special
reserve account to be used solely for making capital expenditures in connection with the
Common Area and those portions of the Home Exteriors with respect to which the Association is
responsible for repair and replacement (the "Capital Reserve"). The Managers shall determine
the appropriate level of the Capital Reserve based on a periodic review of the useful life of
improvements to the Common Area, the portions of the Home Exteriors for which the
Association is responsible and other property owned by the Association and periodic projections
of the cost of anticipated major repairs or replacements to the Common Area, the portions of the
Home Exteriors for which the Association is responsible and the purchase of other property to be
used by the Association in connection with its duties hereunder. The Capital Reserve may be
built up by separate or special assessments or out of the Common Assessment as provided in the
budget. Special accounts set up for portions of the Capital Reserve to be used to make capital
expenditures with respect to the Common Areas, Home Exteriors and other property owned by
the Association, shall be held by the Association as agent and trustee for the Owners of Homes
with respect to which the Capital Reserve is held and such accounts shall be deemed to have
been funded by capital contributions to the Association by the Owners. The budgets which will
be adopted from time to time by the Managers appointed by the Declarant prior to the Turnover
Date shall include reserve buildups which the Managers deems to be appropriate based on
information available to the Managers. Managers elected by the Owners after the Turnover Date
may use different approaches from those used by Managers appointed by the Declarant, as the
Manager prior to the Turnover Date, for the buildup of reserves or may choose not to provide for
the buildup of reserves for certain capital expenditures or deferred maintenance for repairs or
replacements of the Common Areas, Home Exteriors and other property owned by the
Association. If the Managers choose not to provide for the buildup of reserves for a particular
anticipated expenditure or if the buildup of reserves that the Managers provide for in the budget
does not result in sufficient funds to pay for the expenditure when the expenditure must be made,
then (i) neither the Managers nor any of its past or present members shall be liable to the
Association or the Owners for failing to provide for sufficient reserves and (ii) the Managers
shall have the right and power to either levy a separate or special assessment to raise the funds to
pay the expenditure or to borrow funds to pay the expenditure and repay the borrowed funds out
of future Common Assessments, separate assessments or special assessments.
{30084: 355: 02977716.DOC : } 23
6.07 INITIAL CAPITAL CONTRIBUTION: Upon the closing of the sale of each Home
by the Declarant to a purchaser for value, and upon the closing of each subsequent sale of a
Home, the purchasing Owner shall make a capital contribution to the Association in an amount
equal to one-fourth (1/4) of the current year’s Common Assessment for that Home, which
amounts shall be held and used by the Association for its working capital needs (and not as an
advance payment of the Common Assessment).
6.08 PAYMENT OF ASSESSMENTS: Assessments levied by the Association shall be
collected from each Owner by the Association and shall be a lien on the Owner's Parcel and also
shall be a personal obligation of the Owner in favor of the Association, all as more fully set forth
in Article Seven.
ARTICLE SEVEN
Collection of Charges and
Remedies for Breach or Violation
7.01 CREATION OF LIEN AND PERSONAL OBLIGATION: The Declarant hereby
covenants, and each Owner of a Parcel by acceptance of a deed therefor (whether or not it shall
be so expressed in any such deed or other conveyance) shall be and is deemed to covenant and
hereby agrees to pay to the Association all Charges made with respect to the Owner or the
Owner's Parcel. Each Charge, together with interest thereon and reasonable costs of collection,
if any, as hereinafter provided, shall be a continuing lien upon the Parcel against which such
Charge is made and also shall be the personal obligation of the Owner of the Parcel at the time
when the Charge becomes due. The lien or personal obligation created under this Section shall
be in favor of and shall be enforceable by the Association.
7.02 COLLECTION OF CHARGES: The Association shall collect from each Owner all
Charges payable by such Owner under this Declaration.
7.03 NON-PAYMENT OF CHARGES: Any Charge which is not paid to the
Association when due shall be deemed delinquent. Any Charge which is delinquent for thirty
(30) days or more shall bear interest at the rate of eighteen percent (18%) per annum or the
maximum rate permitted by law, whichever is less, from the due date to the date when paid. The
Association may (i) bring an action against the Owner personally obligated to pay the Charge to
recover the Charge (together with interest, costs and reasonable attorney's fees for any such
action, which shall be added to the amount of the Charge and included in any judgment rendered
in such action), and (ii) enforce and foreclose any lien which it has or which may exist for its
benefit. In addition, the Managers may add a reasonable late fee to any installment of an
assessment which is not paid within thirty (30) days of its due date. No Owner may waive or
otherwise escape personal liability for the Charges hereunder by nonuse of the Common Area or
by abandonment or transfer of his Parcel.
7.04 LIEN FOR CHARGES SUBORDINATED TO MORTGAGES: The lien for
Charges, provided for in Section 7.01, shall be subordinate to the First Mortgagee's mortgage on
the Parcel which was Recorded prior to the date that any such Charge became due. Except as
hereinafter provided, the lien for Charges, provided for in Section 7.01, shall not be affected by
{30084: 355: 02977716.DOC : } 24
any sale or transfer of a Parcel. Where title to a Parcel is transferred pursuant to a decree of
foreclosure of the First Mortgagee's mortgage or by deed or assignment in lieu of foreclosure of
the First Mortgagee's mortgage, such transfer of title shall extinguish the lien for unpaid Charges
which became due prior to the date of the transfer of title. However, the transferee of the Parcel
shall be personally liable for his share of the Charges with respect to which a lien against his
Parcel has been extinguished pursuant to the preceding sentence where such Charges are
reallocated among all the Owners pursuant to a subsequently adopted annual or revised Common
Assessment or special assessment, and non-payment thereof shall result in a lien against the
transferee's Parcel, as provided in this Article.
7.05 SELF-HELP BY MANAGERS: In the event of a violation or breach by an Owner
of the provisions, covenants or restrictions of the Declaration, the Operating Agreement, or rules
or regulations of the Managers, where such violation or breach may be cured or abated by
affirmative action, then the Managers, upon not less than ten (10) days' prior written notice to the
Owner, shall have the right to enter upon that part of the Premises where the violation or breach
exists to remove or rectify the violation or breach; provided, that, if the violation or breach exists
within a Home, judicial proceedings must be instituted before any items of construction can be
altered or demolished.
7.06 OTHER REMEDIES OF THE MANAGERS: In addition to or in conjunction with
the remedies set forth above, to enforce any of the provisions contained in this Declaration or
any rules and regulations adopted hereunder the Managers may levy a fine or the Managers may
bring an action at law or in equity in the name of the Association against any person or persons
violating or attempting to violate any such provision, either to restrain such violation, require
performance thereof, to recover sums due or payable (including fines) or to recover damages,
and against the Parcel to enforce any lien created hereunder; and failure by the Association to
enforce any provision shall in no event be deemed a waiver of the right to do so thereafter.
7.07 COSTS AND EXPENSES: All costs and expenses incurred by the Managers in
connection with any action, proceedings or self-help in connection with exercise of its or their
rights and remedies under this Article, including, without limitation, court costs, attorneys' fees
and all other fees and expenses, and all damages, liquidated or otherwise, together with interest
thereon at the rate of eighteen percent (18%) per annum or the maximum rate permitted by law,
whichever is less, until paid, shall be charged to and assessed against the defaulting Owner, and
the Association shall have a lien for all the same, upon his Parcel as provided in Section 7.01.
7.08 ENFORCEMENT BY OWNERS: Enforcement of the provisions contained in this
Declaration and the rules and regulations adopted hereunder may be by any proceeding at law or
in equity by any aggrieved Owner against any person or persons violating or attempting to
violate any such provisions, either to restrain such violation or to recover damages, and against a
Parcel to enforce any lien created hereunder.
7.09 BACKUP SSA: The Municipality has established a “Special Service Area” to
serve as what is commonly referred to as a “Backup Special Service Area” to give the
Municipality the power to levy taxes to pay the cost of maintaining the areas required to be
maintained by the Association hereunder if the Association fails to do so and the Municipality
{30084: 355: 02977716.DOC : } 25
chooses to furnish such services.
ARTICLE EIGHT
Use Restrictions
8.01 INDUSTRY/SIGNS: Except as provided in Article Nine, no “For Sale”, “For
Rent” or any other sign of any kind or other form of solicitation or advertising or window display
shall be maintained or permitted on the Premises unless permitted pursuant to reasonable rules
adopted by the Managers from time to time.
8.02 UNSIGHTLY USES: No clothes, sheets, blankets, laundry of any kind, or other
similar articles shall be hung out on any portion of any Home Exterior or the Common Area.
The Premises shall be kept free and clear of all rubbish, debris and other unsightly materials and
no waste shall be committed thereon. All rubbish shall be deposited in such areas and such
receptacles as shall be designated by the Managers or the Municipality. Unless otherwise
provided in rules and regulations adopted by the Managers or prescribed by the Municipality, all
garbage shall be placed curbside no earlier than the morning of the day of collection and the
empty receptacles shall be removed from curbside and returned to the Homes no later than 7:00
p.m. on the day of collection.
8.03 SATELLITE DISHES/ANTENNAE: Subject to applicable federal, state or local
laws, ordinances or regulations, no mast, satellite dish, antennae or other structure for
transmitting or receiving messages or programs by radio or television shall be attached to or
installed on any portion of any Home Exterior or the Common Area without the prior written
approval of the Managers.
8.04 RESIDENTIAL USE ONLY:
(a) Except as provided in Article Nine or in subsections (b) and (c) of this Section, each
Home shall be used only as a residence and no industrial business, trade, occupation or
profession of any kind shall be conducted, maintained or permitted on any part of the Premises.
(b) No Resident shall be precluded with respect to his Home, from (i) maintaining a
personal professional library, (ii) keeping his personal business records or accounts therein, or
(iii) handling his personal business or professional calls or correspondence therefrom.
(c) To the extent permitted under applicable laws and ordinances, a Resident may
conduct an in-home business in a Home.
8.05 PARKING:
(a) The garage which is part of each Home shall be maintained in such a manner as to
permit the parking of the number of vehicles which the garage was designed to accommodate.
(b) That portion of the driveway which is adjacent to and extends twenty (20) feet
beyond the garage door shall be used for parking only by the Resident of the Home and the
{30084: 355: 02977716.DOC : } 26
Resident’s guests; provided, however, that the driveway shall only be used for parking after the
Resident has first utilized the garage which is part of the Home.
(c) The parking of vehicles in portions of the Common Area other than those areas
adjacent to garages, as provided in (a) above, shall be subject to rules and regulations adopted by
the Managers from time to time, which rules and regulations may provide for the removal of any
violating vehicles at the vehicle owner’s expense or for the imposition of a fine for a violation of
the rules and regulations.
(d) Without limiting the foregoing, unless expressly permitted by the Managers, no
boats, trailers, trucks (which have “D” or equivalent plates, more than two (2) axles, more than
four (4) tires and/or a gross weight when fully loaded in excess of 8,000 pounds), recreational
vehicles, trailers or other vehicles shall be parked or stored on any portion of the Property (other
than in a garage which is part of a Home) for more than twenty-four (24) hours at a time and,
except for emergencies, no repairs shall be made to vehicles on the Premises.
8.06 OBSTRUCTIONS: Except as permitted under Section 9.03 there shall be no
obstruction of the Common Area, and nothing shall be stored in the Common Area without the
prior written consent of the Managers.
8.07 PETS: No animals shall be kept or raised in the Common Area. No more than two
(2) pets may be kept in any Home. No pet may be kept or raised for commercial purposes. The
Managers may from time to time adopt rules and regulations governing the keeping of pets in the
Homes. Such rules and regulations may prohibit certain species of pets or pets of more than a
specified weight from being kept in the Homes. Any pet causing or creating a nuisance or
unreasonable disturbance shall be permanently removed from a Home upon three (3) days’
written notice from the Managers to the Owner of the Home containing such pet, and the
decision of the Managers shall be final. For purposes hereof, a “pet” is a domesticated animal
kept for pleasure rather than utility.
8.08 NO NUISANCE: No noxious or offensive activity shall be carried on in the
Premises nor shall anything be done therein, either willfully or negligently, which may be or
become an annoyance or nuisance to the Residents. Without limiting the foregoing, no stereo
speakers or other sound equipment shall be installed in or attached to the wall between two
Homes.
8.09 STRUCTURAL IMPAIRMENT: Nothing shall be done in, on or to any part of the
Premises which would impair the structural integrity of any Home located thereon.
8.10 WATERING: The Managers may adopt rules and regulations governing the
watering of grass, shrubs, trees and other foliage on the Common Areas. Without limiting the
foregoing, the Managers may require the Owner of a particular Parcel to be responsible for
watering specific portions of the Common Area as designated from time to time by the
Managers.
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8.11 BALCONIES / GRILLS: The use and placement of grills and other seasonal items
on balconies shall be subject to applicable ordinances of the Municipality and rules and
regulations adopted by the Managers from time to time.
8.12 USE AFFECTING INSURANCE: Nothing shall be done or kept in any Home or
on the Common Areas which will increase the rate of insurance on the Premises, without prior
written consent of the Managers. No Owner shall permit anything to be done or kept in his
Home on the Common Areas which will result in the cancellation of insurance on the Premises
or which would be in violation of any law.
8.13 OTHER STRUCTURES: No structure of a temporary character, including, without
limitation, a trailer, recreational vehicle, mobile home, tent, solarium, greenhouse, shack or other
out-building shall be used, stored or maintained anywhere in or on the Premises either
temporarily or permanently, except as expressly approved, in writing, by the Managers.
8.14 SOLAR ENERGY SYSTEMS: Subject to the provisions of Sections 3.07 and 9.09,
a Home may be improved with a solar energy system, provided that the solar energy system is in
compliance with the Solar Energy System Policy adopted by the Managers, as may be amended
by the Board from time to time. The Solar System Policy shall be kept on file with the
Association.
ARTICLE NINE
Declarant's Reserved Rights and
Special Provisions Covering Development Period
9.01 IN GENERAL: In addition to any rights or powers reserved to the Declarant under
the provisions of this Declaration or the Operating Agreement, the Declarant shall have the rights
and powers set forth in this Article. Anything in this Declaration or the Operating Agreement to
the contrary notwithstanding, the provisions set forth in this Article shall govern. Except as
otherwise provided in this Article, the rights of the Declarant in this Article shall terminate and
be of no further force and effect five (5) years after the Declarant is no longer vested with or
controls title to any portion of the Development Area (“Declarant Rights Period”).
9.02 PROMOTION OF PROJECT: The Declarant shall have the right and power,
within its sole discretion, to (i) construct such temporary or permanent improvements, or to do
such acts or other things in, on, or to the Premises as the Declarant may, from time to time,
determine to be necessary or advisable, (ii) construct and maintain model homes, sales or leasing
offices, parking areas, advertising signs, lighting and banners, or other promotional facilities at
such locations and in such forms as the Declarant may deem advisable and to use such model
homes (including model homes which are sold and leased back to the Declarant), sales or leasing
offices or other facilities for the purpose of selling or leasing Homes on the Development Area or
at other properties in the general location of the Development Area which are being offered for
sale by the Declarant or any of its affiliates, without the payment of any fee or charge whatsoever
to the Association. Declarant, its agents, prospective purchasers and tenants, shall have the right
of ingress, egress and parking in and through, and the right to use and enjoy the Common Area,
at any and all reasonable times without fee or charge. The Declarant shall have the right and
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power to lease any Home owned by it to any person or entity which it deems appropriate in its
sole discretion and it need not comply with the provisions of Section 2.15.
9.03 CONSTRUCTION ON PREMISES: In connection with the construction of
improvements to any part of the Premises, the Declarant, its agents and contractors, shall have
the right, at the Declarant's own expense, (but shall not be obligated) to make such alterations,
additions or improvements to any part of the Premises including, without limitation, the
construction, reconstruction or alteration of any temporary or permanent improvements to any
structure which shall contain Homes or the Common Area which the Declarant deems, in its sole
discretion, to be necessary or advisable, and the landscaping, sodding or planting and replanting
of any unimproved portions of the Premises. In connection with the rights provided in the
preceding sentence, the Declarant, its agents and contractors, shall have the right of ingress,
egress and parking on the Premises and the right to store dirt, construction equipment and
materials on the Premises without the payment of any fee or charge whatsoever.
9.04 GRANT OF EASEMENTS AND DEDICATIONS: Declarant shall have the right
to dedicate portions of the Common Area to the County, Municipality or other governmental
authority which has jurisdiction over such portions. Declarant shall also have the right to reserve
or grant easements over the Common Area to any governmental authority, public utility or
private utility for the installation and maintenance of electrical and telephone conduit and lines,
gas, sewer, water lines and cable television, or any other utility services serving any Parcel.
9.05 DECLARANT CONTROL OF ASSOCIATION: Prior to the Turnover Date, the
Managers shall be the Declarant, or one or more entities or persons designated by the Declarant
from time to time who need not be Owners or Voting Members. Initially the Declarant shall be
the sole Manager. The rights and powers of the Declarant to manage the affairs of the
Association, or designate the Managers of the Association shall terminate on the first to occur of
(i) such time as Declarant no longer holds or controls title to any portion of the Development
Area, (ii) the giving of written notice by Declarant to the Association of Declarant's election to
terminate such rights, (iii) twenty (20) years from the date of Recording hereof, or (iv) the date
required under applicable statute. The date on which the Declarant's rights under this Section
shall terminate shall be referred to as the "Turnover Date". From and after the Turnover Date,
the Managers shall be constituted and elected as provided in the Operating Agreement. Prior to
the Turnover Date, all of the voting rights at each meeting of the Owners shall be vested
exclusively in the Declarant and the Owners (other than Declarant) shall have no voting rights.
9.06 OTHER RIGHTS: The Declarant shall have the right and power to execute all
documents and do all other acts and things affecting the Premises which, in Declarant's opinion,
are necessary or desirable in connection with the rights of Declarant under this Declaration.
9.07 ASSIGNMENT BY DECLARANT: All rights which are specified in this
Declaration to be rights of the Declarant are mortgageable, pledgeable, assignable or
transferable, in whole or in part . Any successor to, or assignee of, the rights of the Declarant
hereunder (whether as the result of voluntary assignment, foreclosure, assignment in lieu of
foreclosure, or otherwise) shall hold or be entitled to exercise the rights of Declarant hereunder
as fully as if named as such party herein. No such successor assignee of the rights of Declarant
{30084: 355: 02977716.DOC : } 29
hereunder shall have or incur any liability for the acts of any other party which previously
exercised or subsequently shall exercise such rights.
9.08 MATTERS AFFECTING COMMON AREA: During the Declarant Rights Period,
the Association shall not cause or permit a lien or encumbrance to be placed or imposed on any
portion of the real estate legally describe in Section II of Exhibit B hereto (each a “Common
Area Parcel”) without the prior written consent of the Declarant. Any such lien or encumbrance
placed or imposed on a Common Area Parcel without Declarant’s consent shall be null and void.
In order to reflect or conform to a change in the Declarant’s Development Plan, any time prior to
the end of the Declarant Rights Period, the Declarant shall have the right and power to (i) Record
a Supplemental Declaration pursuant to Article XII to withdraw and remove any portion or
portions of a Common Area Parcel from the Common Area, and (ii) require the Association to
convey such portion or portions of a Common Area Parcel which are so withdrawn and removed
from the Common Area to Declarant or its nominee, free and clear of any liens or encumbrances
other than those created by or consented to by the Declarant pursuant to this Section.
9.09 ARCHITECTURAL CONTROLS: Prior to such time as the Declarant no longer
holds or controls title to any portion of the Development Area, no additions, alterations or
improvements (including, without limitation, changes in the exterior color of a Home or
construction or installation of a shed, outbuilding, deck, patio, terrace, antennae, satellite dish or
similar changes) shall be made to the exterior of any Home or any part of the Home which is
visible from outside the Home by an Owner without the prior written consent of the Declarant.
If an addition, alteration or improvement which requires Declarant approval hereunder is made to
a Home without the prior written consent of the Declarant, then the Declarant may seek
injunctive relief to cause the Owner to cease construction of and/or remove the addition,
alteration or improvement. Declarant’s decision to approve or disapprove an alteration, addition
or improvement in one instance shall not in any way create or establish a precedent for how the
Declarant must respond to a request for an alteration, addition or improvement subsequently
made, it being understood that circumstances, situations and standards may change and the
Declarant reserves the right and power to grant or deny requests as Declarant believes are
appropriate in Declarant’s sole and absolute discretion.
ARTICLE TEN
Amendments
10.01 SPECIAL AMENDMENTS: Anything herein to the contrary notwithstanding,
Declarant reserves the right and power to Record a special amendment ("Special Amendment")
to this Declaration at any time and from time to time which amends this Declaration (i) to
comply with requirements of the Fannie Mae, the Government National Mortgage Association,
the Federal Home Loan Mortgage Corporation, the Veteran's Administration, or any other
governmental agency or any other public, quasi-public or private entity which performs (or may
in the future perform) functions similar to those currently performed by such entities, (ii) to
induce any of such agencies or entities to make, purchase, sell, insure, guarantee or otherwise
deal with first mortgages covering Parcels, (iii) to correct omissions, errors, ambiguities or
inconsistencies in the Declaration or any Exhibit, (iv) to bring the Declaration into compliance
with applicable laws, ordinances or governmental regulations and or requirements of the
{30084: 355: 02977716.DOC : } 30
Municipality, (v) to amend Exhibit A to include additional real estate, (vi) to reflect a change in
the Declarant’s Development Plan, and/or (vii) to reflect a change in the Cross Easement and
Cost Sharing Agreement. In furtherance of the foregoing, a power coupled with an interest is
hereby reserved and granted to the Declarant to make or consent to a Special Amendment on
behalf of each Owner. Each deed, mortgage, trust deed, other evidence of obligation, or other
instrument affecting a Parcel and the acceptance thereof shall be deemed to be a grant and
acknowledgment of, and a consent to the reservation of, the power to the Declarant to make,
execute and Record Special Amendments. The right and power of the Declarant to record a
Special Amendment hereunder shall terminate five (5) years after such time as Declarant no
longer holds or controls title to a portion of the Development Area.
10.02 AMENDMENT: Subject to Section 2.15, Section 10.01 and Article Eleven, the
provisions of this Declaration may be amended, abolished, modified, enlarged, or otherwise
changed in whole or in part by the affirmative vote of Voting Members representing at least
Seventy-Five percent of the total votes or by an instrument consented to, in writing, executed by
Owners of at least Seventy-Five Percent (75%) of the Parcels; except, that (i) the provisions of
this Section 10.02 may be amended only by an instrument executed by all of the Owners and all
First Mortgagees, (ii) until such time as the rights and powers of the Declarant under Article
Nine terminate, the provisions of Article Nine, Article Twelve, Article Fourteen or any
provisions of this Declaration relating to the rights and powers of the Declarant may only be
amended with the written consent of the Declarant, and (iii) any amendment which affects the
rights of the Municipality shall be effective only if the Municipality has given its prior written
consent thereto. No amendment which removes Premises from the provisions of this
Declaration shall be effective if as a result of such removal, an Owner of a Parcel shall no longer
have the legal access to a public way from his Parcel. No amendment shall become effective
until properly Recorded.
ARTICLE ELEVEN
First Mortgagees Rights
11.01 NOTICE TO FIRST MORTGAGEES: Upon the specific, written request of First
Mortgagee or the insurer or guarantor of a First Mortgagee's mortgage, such party shall receive
some or all of the following:
(a) Copies of budgets, notices of assessment, or any other notices or statements
provided under this Declaration by the Association to the Owner of the Parcel covered by
the First Mortgagee's mortgage;
(b) Any audited or unaudited financial statements of the Association which are
prepared for the Association and distributed to the Owners; provided, that, if an audited
statement is not available, then upon the written request of the holder, insurer or
guarantor of a Mortgage, the Association shall permit such party to have an audited
statement for the preceding fiscal year of the Association prepared at such party's
expense;
(c) Copies of notices of meetings of the Owners;
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(d) Notice of any proposed action that requires the consent of a specified
percentage of Eligible First Mortgagees;
(e) Notice of any substantial damage to any part of the Common Area or the
Parcel subject to the First Mortgagee's mortgage;
(f) Notice of the commencement of any condemnation or eminent domain
proceedings with respect to any part of the Common Area or the Parcel subject to the
First Mortgagee's mortgage;
(g) Notice of any default by the Owner of the Parcel which is subject to the First
Mortgagee's mortgage under this Declaration, the Operating Agreement or the rules and
regulations of the Association which is not cured within 30 days of the date of the
default;
(h) The right to examine the books and records of the Association at any
reasonable times;
(i) In the case of a First Mortgagee, the right to be listed on the records of the
Association as an "Eligible First Mortgagee" for purpose of Section 11.02 below; and
(j) A lapse, cancellation or material modification of any insurance policy or
fidelity bond maintained by the Association.
The request of any such party shall specify which of the above it desires to receive and shall
indicate the address to which any notices or documents shall be sent by the Association.
11.02 CONSENT OF FIRST MORTGAGEES:
(a) In addition to any requirements or prerequisites provided for elsewhere in this
Declaration, the consent of First Mortgagees holding, in the aggregate, the first mortgages on at
least two-thirds (2/3) of the Parcels (by number) which are subject to first mortgages held by
First Mortgagees which specifically request to be treated as "Eligible First Mortgagees" under
Section 11.01(i) above will be required for the Association to do or permit to be done any of the
following:
(1) Adoption of an amendment to this Declaration which (i) changes Article Six
or otherwise changes the method of determining the Common Assessments or other
Charges which may be levied against an Owner; (ii) changes Section 7.04 or Article Ten,
(iii) changes this Article Eleven, Article Twelve or any other provision of this
Declaration or by Operating Agreement which specifically grants rights to First
Mortgagees, (iv) materially changes insurance and fidelity bond requirements, (v)
changes voting rights, or (vi) imposes a right of first refusal or similar restriction on the
right of an Owner to sell, transfer or otherwise convey his Parcel;
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(2) The withdrawal of the Premises from the provisions of this Declaration;
provided, that, such consent of Eligible First Mortgagees will not be required with respect
to any action under (1) above which occurs as a result of any action taken pursuant to
Article Twelve.
(b) Whenever required, the consent of an Eligible First Mortgagee shall be deemed
granted unless the party seeking the consent is advised to the contrary, in writing, by the Eligible
First Mortgagee within sixty (60) days after making the request for consent.
11.03 INSURANCE PROCEEDS/CONDEMNATION AWARDS: In the event of (i)
any distribution of any insurance proceeds hereunder as a result of damage to, or destruction of,
any part of the Premises or (ii) any distribution of the proceeds of any award or settlement as a
result of condemnation or eminent domain proceedings with respect to any part of the Common
Area, any such distribution shall be made to the Owners and their respective First Mortgagees, as
their interests may appear, and no Owner or other party shall be entitled to priority over the First
Mortgagee of a Parcel with respect to any such distribution to or with respect to such Parcel;
provided, that, nothing in this Section shall be construed to deny to the Association the right (i)
to apply insurance proceeds to repair or replace damaged improvements or (ii) to apply proceeds
of any award or settlement as a result of eminent domain proceedings as provided in
Article Four.
ARTICLE TWELVE
Annexing Additional Property
12.01 IN GENERAL: Declarant reserves the right at any time and from time to time
prior to twenty (20) years from the date of Recording of this Declaration to annex, add and
subject additional portions of the Development Area to the provisions of this Declaration as
additional Premises by recording a supplement to this Declaration (a "Supplemental
Declaration"), as hereinafter provided. Any portion of the Development Area which is made
subject to this Declaration by a Supplemental Declaration shall be referred to as "Added
Premises"; any portion of any Added Premises which is made part of the Common Area shall be
referred to as "Added Common Area"; and any Parcels contained in the Added Premises shall be
referred to as "Added Parcels". After the expiration of said twenty (20) year period, Declarant
may exercise the rights described herein to annex, add and subject additional portions of the
Development Area to the provisions of this Declaration, provided that the consent the Owners
(by number) of two-thirds (2/3) of all Parcels then subject to this Declaration is first obtained.
12.02 POWER TO AMEND: Declarant hereby reserves the right and power to Record a
Supplemental Declaration, at any time and from time to time as provided in Section 12.01, which
amends or supplements Exhibit B. Exhibit B may only be amended or supplemented pursuant to
this Article to add portions of the Development Area to Exhibit B. A Supplemental Declaration
may contain such additional provisions affecting the use of the Added Premises or the rights and
obligations of owners of any part or parts of the Added Premises as the Declarant deems
necessary or appropriate.
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12.03 EFFECT OF SUPPLEMENTAL DECLARATION: Upon the Recording of a
Supplemental Declaration by Declarant which annexes and subjects Added Premises, Added
Common Area, or Added Parcels to this Declaration, as provided in this Article, then:
(a) The easements, restrictions, conditions, covenants, reservations, liens,
charges, rights, benefits and privileges set forth and described herein shall run with and
bind the Added Premises and inure to the benefit of and be binding on any Person having
at any time any interest or estate in the Added Premises in the same manner, to the same
extent and with the same force and effect that this Declaration applies to the Premises,
and Persons having an interest or estate in the Premises, subjected to this Declaration
prior to the date of the Recording of the Supplemental Declaration;
(b) Every Owner of an Added Parcel shall be a member of the Association on the
same terms and subject to the same qualifications and limitations as those members who
are Owners of Parcels immediately prior to the Recording of such Supplemental
Declaration;
(c) In all other respects, all of the provisions of this Declaration shall include and
apply to the Added Premises (including the Added Common Area or the Added Parcels,
if any) made subject to this Declaration by any such Supplemental Declaration and the
Owners, First Mortgagees, and lessees thereof, with equal meaning and of like force and
effect and the same as if such Added Premises were subjected to this Declaration at the
time of the Recording hereof;
(d) The Recording of each Supplemental Declaration shall not alter the amount of
the lien for any Charges made to a Parcel or its Owner prior to such Recording;
(e) The Declarant shall have and enjoy with respect to the Added Premises all
rights, powers and easements reserved by the Declarant in this Declaration, plus any
additional rights, powers and easements set forth in the Supplemental Declaration; and
(f) Each Owner of an Added Parcel which is subject to assessment hereunder
shall be responsible for the payment of the Common Assessment pursuant to Section
6.02, but shall not be responsible for the payment of any special assessment which was
levied prior to the time that the Added Parcel became subject to assessment hereunder.
ARTICLE T HIRTEEN
Party Walls
13.01 PARTY WALL: Every wall, including the foundations therefor, which is built as
a part of the original construction of a building and placed on the boundary line between separate
Homes shall constitute and be a "Party Wall", and the Owner of a Parcel immediately adjacent to
a Party Wall shall have the obligation and be entitled to the rights and privileges of these
covenants and, to the extent not inconsistent herewith, the general rules of law regarding party
walls.
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13.02 RIGHTS IN PARTY WALL: Each Owner of a Parcel, which is adjacent to a
Party Wall, shall have the right to use the Party Wall for support of the structure originally
constructed thereon and all replacements thereof and shall have the right to keep, maintain, repair
and replace therein all pipes, conduit, and ducts originally located therein and all replacements
thereof.
13.03 DAMAGE TO PARTY WALL:
(a) If any Party Wall is damaged or destroyed through the act or acts of any Owner of a
Parcel which is adjacent to such Party Wall, or his agents, servants, tenants, guests, invitees,
licensees, or members of his family, whether such act is willful, negligent or accidental, such
Owner shall, with prior notice to the Association and the Owner of the other adjoining Parcel,
forthwith proceed to rebuild or repair the same to as good a condition as in which such Party
Wall existed prior to such damage or destruction without costs therefor to the Owner of the other
adjoining Parcel.
(b) Any Party Wall damaged or destroyed by some act or event other than one caused by
the Owner of a Parcel which is adjacent to such Party Wall, or his agents, servants, tenants,
guests, invitees, licensees, or members of his family, shall be rebuilt or repaired by the Owners
of the adjacent Parcels to as good a condition as in which such Party Wall existed prior to such
damage or destruction at joint and equal expense of such Owners, and as promptly as is
reasonably possible; provided that the cost of repairing or replacing any portion thereof which is
part of a Home Exterior with respect to which the Association is responsible for furnishing
maintenance, repairs or replacements hereunder shall be paid by the Association as a Common
Expense to the extent not covered by insurance.
(c) In the event that any Owner shall fail, within a reasonable time after the occurrence
of damage or destruction referred to in this Section, to perform the necessary repair or
rebuilding, then, the Managers may cause such repairs or rebuilding to be performed in the
manner as provided in this Section and the cost thereof shall be charged to such Owner as his
personal obligation and shall be a continuing lien on the Owner's Parcel.
13.04 CHANGE IN PARTY WALL: Any Owner of a Parcel who proposes to modify,
rebuild, repair or make additions to any structure upon his Parcel in any manner which requires
the extension, alteration or modification of any Party Wall shall first obtain the written consent
thereto, as to said Party Wall, of the Owner of the other adjacent Parcel and the Managers, in
addition to meeting any other requirements which may apply including, without limitation, those
of the Municipality. In the event that a Party Wall is altered, regardless of whether all required
consents have been obtained, any express or implied warranties made by the Declarant or the
Original Declarant concerning the structural integrity of the Party Wall or either of the Homes
adjacent to the Party Wall shall be null and void and the Owner who alters the Party Wall shall
be responsible for any and all damage caused to either of the adjacent Homes or improvements
thereto.
13.05 ARBITRATION: In the event of a disagreement between Owners of Parcels
adjoining a Party Wall with respect to their respective rights or obligations as to such Party Wall,
{30084: 355: 02977716.DOC : } 35
upon the written request of either of said Owners to the other the matter shall be submitted to the
Managers and the decision of the Managers shall be final and binding.
ARTICLE FOURTEEN
Dispute Resolution
14.01 ALTERNATIVE PROCEDURES FOR RESOLVING DISPUTES:
(a) Declarant and its managers, officers, directors employees and agents; the
Association, its managers. officers, directors and committee members; all Persons subject to this
Declaration; and any Person not otherwise subject to this Declaration who agrees to submit to
this Article (each of such entities, a “Bound Party” hereunder) agree that it is their desire to
efficiently and quickly resolve any disputes that arise, and that any Dispute (as hereinafter
defined) shall first be submitted to mediation and, if not settled during mediation, shall thereafter
be submitted to binding arbitration as provided by the Federal Arbitration Act (9 U.S.C. §§1 et
seq.) and not a court of law or equity. Accordingly, each Bound Party covenants and agrees to
submit all Disputes to the procedures set forth in Section 14.03 below and, if applicable, the
dispute resolution provisions contained in the purchase agreement for the sale by Declarant (as
the seller) and purchase by an Owner (as the purchaser) of a Home on a Parcel (the “Purchase
Agreement”). In the event of an inconsistency or contradiction between the provisions relating
to dispute resolution as set forth in this Declaration and those which are set forth in the Purchase
Agreement (if applicable), the provisions of the Purchase Agreement shall prevail.
(b) For purposes hereof, “Disputes” (whether contract, warranty, tort, statutory or
otherwise) shall include, but are not limited to, any and all controversies, disputes or claims: (i)
arising out of or relating to the interpretation, application or enforcement of the provisions of this
Declaration, the Operating Agreement and/or reasonable rules and regulations adopted by the
Managers or the rights, obligations and duties of any Bound Party under the provisions of this
Declaration, the Operating Agreement and reasonable rules and regulations adopted by the
Managers, (ii) relating to the design or construction of improvements; (iii) based upon any
statements, representations, promises, warranties, or other communications made by or on behalf
of any Bound Party or its representative; (iv) arising under, or related to, the Purchase
Agreement, the Parcel and the Home constructed thereon, the Development or any dealings
between the Declarant and Owner, (v) relating to personal injury or property damage alleged to
have been sustained by an Owner, Owner’s children or other occupants of the home on the
Parcel or the Premises, (vi) relating to issues of formation, validity or enforceability of any
portion of this Article.
(c) Notwithstanding the provisions of Section 14.01(a) and 14.01(b) above, unless the
involved Bound Parties otherwise agree, the following shall not be Disputes and shall not be
subject to the provisions of Section 14.03: (i) any suit by the Association against any Bound
Party to enforce the provisions of Article Six; (ii) any suit by the Association or the Declarant to
obtain a temporary restraining order or injunction (or equivalent emergency equitable relief) and
such other ancillary relief as the court may deem necessary in order to maintain the status quo
and preserve the Association’s ability to act under and enforce the provisions of the Declaration;
(iii) any suit between or among Owners, which does not include the Declarant or the Association
{30084: 355: 02977716.DOC : } 36
as a Party, if such suit asserts a Dispute which would constitute a cause of action independent of
the provisions of this Declaration, the Operating Agreement and reasonable rules and regulations
adopted by the Managers; and (iv) any suit in which any indispensable party is not a Bound
Party.
14.02 ACTION BY THE ASSOCIATION:
(a) Consensus for Action by the Association. Except as specifically provided in this
Section 14.02(a), the Association may not commence a legal proceeding or an action under this
Article without the affirmative vote of at least seventy-five percent (75%) of the Voting
Members. A Voting Member representing Parcels owned by Persons other than the Voting
Member shall not vote in favor of bringing or prosecuting any such proceeding unless authorized
to do so by a vote of Owners of two-thirds of the total number of Parcels represented by the
Voting Member. This Section shall not apply, however, to (i) actions brought by the Association
to enforce the provisions of this Declaration (including, without limitation, the foreclosure of
liens), the Operating Agreement and reasonable rules and regulations or policies adopted by the
Managers; (ii) actions to enforce the terms of any contract or agreement to which the Association
is a party, (iii) the imposition and collection of Annual Assessments; (iv) proceedings involving
challenges to ad valorem taxation; or (v) counterclaims brought by the Association in
proceedings instituted against it.
(b) Commencement of Proceeding Against Declarant. Prior to the Association or any
member commencing any proceeding to which the Declarant is a Party, including but not limited
to an alleged defect of any improvement, the Declarant shall have the right to be heard by the
members, or the particular member, and to access, inspect, correct the condition of, or redesign
any portion of any improvement as to which a defect is alleged or otherwise correct the alleged
dispute.
14.03 MANDATORY PROCEDURES:
(a) Notice. As a condition precedent to seeking any action or remedy, a Bound Party
having a Dispute (“Claimant”) against any other Bound Party (“Respondent”) (the Claimant and
the Respondent referred to herein being individually, as a “Party,” or, collectively, as the
“Parties”) shall notify each Respondent in writing (the “Notice”), stating plainly and concisely:
(i) the nature of the Dispute, including the defect or default, if any, in detail and
the Persons involved and Respondent’s role in the Dispute;
(ii) the legal basis of the Dispute (i.e., the specific authority out of which the
Dispute arises);
(iii) the proposed remedy;
(iv) any evidence that depicts the nature and cause of the Dispute and the nature
and extent of repairs necessary to remedy the Dispute, including expert reports,
photographs and videotapes; and
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(v) the fact that Claimant will meet with Respondent to discuss in good faith
ways to resolve the Dispute.
Notices given to Respondent pursuant to this Section shall be deemed sufficient if
personally delivered, delivered by commercial messenger service, or mailed by registered
or certified mail, postage prepaid, return receipt requested to the last known address of
the Respondent as it appears on the records of the Association on the date of mailing.
(b) Disputes Involving Declarant. With respect to any Dispute to which the Declarant is
the Respondent:
(i) Right to Inspect. Claimant agrees to permit Declarant and its agents to perform
inspections and tests and to make all repairs and replacements deemed necessary by
Declarant to respond to the Dispute. Declarant shall have the Cure Period (defined
below) to inspect and correct any alleged default. The Declarant shall be given a
reasonable opportunity to perform all inspections and tests and make all repairs and/or
replacements deemed to be necessary by Declarant.
(ii) Right to Cure. The Declarant shall have the right to repair, replace or pay the
Claimant the reasonable cost of repairing or replacing any defective item. Unless
otherwise provided by law or agreed by the Parties, the Declarant shall have not less than
35 days nor more than 90 days from receipt of the Notice (the “Cure Period”) to cure as
provided herein or to otherwise respond to the Claimant in the event that the Declarant
determines that no default has occurred and/or default exists. A Claimant shall have no
right to bring any action against the Declarant until expiration of the Cure Period. The
Cure Period shall be extended by any period of time that Claimant refuses to allow the
Declarant to perform inspections and/or perform tests as provided in Section 14.03(b)(i).
The Declarant shall have the right, but not the obligation, to take action during the Cure
Period and/or respond to any notice received from Claimant.
(iii) Time. The time periods provided for the inspection and cure by the
Declarant shall be extended by any period of time that Claimant refuses to allow
Declarant to make inspections, tests, repairs and/or replacements. Any inspection, test,
repair or replacement performed on a business day between 9 a.m. and 5 p.m. shall be
deemed to be reasonable hereunder.
(c) Negotiation. The Parties shall make every reasonable effort to meet in person and
confer for the purpose of resolving the Dispute by good faith negotiation. If requested in writing,
accompanied by a copy of the Notice, the Managers may appoint a representative to assist the
Parties in negotiation. If the Parties do not resolve the Dispute within 90 days after the date of
the date of the Notice and the Cure Period has expired (“Termination of Negotiations), either
Party shall have 30 days from the date of Termination of Negotiations to submit the Dispute to
mediation.
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(e) Mediation. If the Parties are unable to agree to a mediator, the Parties shall utilize the
American Arbitration Association (“AAA”) for this role. The Parties expressly agree that the
mediator’s charges shall be equally shared and that each Party shall be responsible for its own
costs and fees, including attorneys’ fees and consultant fees incurred in connection with the
mediation. If a Claimant does not submit the Dispute to mediation within such time, or does not
appear for the mediation, then the Claimant shall be deemed to have waived the Dispute, and the
Respondent shall be released and discharged from any and all liability to Claimant on account of
such Dispute.
(f) Arbitration. If the Dispute is not fully resolved by mediation, the Dispute shall be
submitted to binding arbitration and administered by the AAA in accordance with the AAA’s
Construction Industry Arbitration Rules. In no event shall the demand for arbitration be made
after the date when the institution of legal or equitable proceedings based on the Dispute, would
be barred by the applicable statute(s) of limitations, which such statute(s) of limitations the
Parties expressly agree apply to any Dispute. The decision of the arbitrator(s) shall be final and
binding on both Parties. Any judgment upon the award rendered by the arbitrator may be
entered in and enforced by any court having jurisdiction over such Dispute. If the Dispute
amount exceeds $250,000.00 or includes a demand for punitive damages, the Dispute shall be
heard and determined by three arbitrators; however, if mutually agreed to by the Parties, then the
Dispute shall be heard and determined by one arbitrator. All decisions respecting the
arbitrability of any Dispute shall be decided by the arbitrator(s). Except as may be required by
law or for confirmation of an award, neither a Party nor an arbitrator may disclose the existence,
content, or results of any arbitration hereunder without the prior written consent of both Parties.
14.04 COSTS: Unless otherwise recoverable by law or statute, each Party shall bear its
own costs and expenses, including attorneys’ fees and paraprofessional fees, for any mediation
and arbitration. Notwithstanding the foregoing, if a Party unsuccessfully contests the validity or
scope of arbitration in a court of law or equity, the non-contesting Party shall be awarded
reasonable attorneys’ fees, paraprofessional fees and expenses incurred in defending such
contest, including such fees and costs associated with any appellate proceedings. In addition, if a
Party fails to abide by the terms of a mediation settlement or arbitration award, the other Party
shall be awarded reasonable attorneys’ fees, paraprofessional fees and expenses incurred in
enforcing such settlement or award.
14.05 TIME FOR COMMENCEMENT: THE PARTIES AGREE THAT ANY
LAWSUIT OR ARBITRATION PROCEEDING (WHICHEVER MAY APPLY) ARISING
FROM OR RELATING TO ANY DISPUTE MUST BE COMMENCED WITHIN TWO
YEARS AND ONE DAY FROM THE DATE THE CAUSE OF ACTION ACCRUES. TIME
IS OF THE ESSENCE, SO THAT IF THE LAWSUIT OR ARBITRATION PROCEEDING IS
NOT COMMENCED WITHIN THAT STATED PERIOD, THE DISPUTE IS BARRED AND
WAIVED. FOR ARBITRATION PURPOSES, A CAUSE OF ACTION SHALL ACCRUE AS
PROVIDED BY APPLICABLE STATUTE FOR THE INSTITUTION OF A LEGAL OR
EQUITABLE PROCEEDING; AND IF THERE IS NO APPLICABLE STATUTE, THEN THE
CAUSE OF ACTION, REGARDLESS OF A PARTY’S LACK OF KNOWLEDGE, ACCRUES
ON DISCOVERY OF THE INJURY.
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14.06 NO PRECLUSIVE EFFECT OR COLLATERAL ESTOPPEL: To the fullest
extent permitted by applicable law, the Bound Parties agree that no finding or stipulation of fact,
no conclusion of law, and no arbitration award in any other arbitration, judicial, or similar
proceeding shall be given preclusive or collateral estoppel effect in any arbitration hereunder
unless there is mutuality of Parties. In addition, the Bound Parties further agree that no finding
or stipulation of fact, no conclusion of law, and no arbitration award in any arbitration hereunder
shall be given preclusive or collateral estoppel effect in any other arbitration, judicial, or similar
proceeding unless there is mutuality of parties and then only as between those parties.
14.07 ENFORCEABILITY: The waiver or invalidity of any portion of this Article
Twelve shall not affect the validity or enforceability of the remaining portions of this Article
Twelve. The Bound Parties further agree (1) that any Dispute involving Declarant’s affiliates,
managers directors, officers, employees and agents shall also be subject to mediation and
arbitration as set forth herein, and shall not be pursued in a court of law or equity; (2) that
Declarant may, at its sole election, include Declarant’s contractors, subcontractors and suppliers,
as well as any warranty company and insurer or surety as parties in the mediation and arbitration;
and (3) that the mediation and arbitration will be limited to the parties specified herein.
14.08 NO CLASS OR REPRESENTATIVE ACTIONS: THE BOUND PARTIES
AGREE THAT A PARTY MAY RAISE A DISPUTE AGAINST ANOTHER PARTY ONLY
ON AN INDIVIDUAL BASIS AND NOT AS A MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE ACTION OR COLLECTIVE PROCEEDING. THE
ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN DISPUTES REGARDING MORE
THAN ONE PROPERTY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF
A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE
ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY’S INDIVIDUAL DISPUTE(S). ANY RELIEF
AWARDED CANNOT BE AWARDED ON CLASS-WIDE OR MASS-PARTY BASIS OR
OTHERWISE AFFECT PARTIES WHO ARE NOT A PARTY TO THE ARBITRATION.
NOTHING IN THE FOREGOING PREVENTS A PARTY FROM EXERCISING ITS RIGHT
TO INCLUDE IN THE MEDIATION AND ARBITRATION THOSE PERSONS OR
ENTITIES REFERRED TO ABOVE.
14.09 NO EXTENSION OF TIME: Nothing herein shall extend the time period by
which a Dispute or cause of action may be asserted under the applicable statute of limitation or
statute of repose, and in no event shall the Dispute be submitted for arbitration after the date
when institution of a legal or equitable proceeding based on the underlying claims in such
Dispute would be barred by the applicable statute of limitations or statute of repose.
14.10 OTHER DISPUTE RESOLUTION: Notwithstanding the obligation of Bound
Parties to submit any Dispute to mediation and arbitration, to the extent that a particular Dispute
is not subject to the mediation or the arbitration provisions contained in this Article Fourteen, or
in the event that a judge determines an arbitration agreement is unenforceable, the Parties agree
as follows: THE PARTIES ACKNOWLEDGE THAT JUSTICE WILL BEST BE SERVED IF
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ISSUES RELATING TO THE DISPUTE ARE HEARD BY A JUDGE IN A COURT
PROCEEDING, AND NOT A JURY. THE PARTIES AGREE THAT ANY DISPUTE,
CLA IM, DEMAND, ACTION, OR CAUSE OF ACTION SHALL BE HEARD BY A JUDGE
IN A COURT PROCEEDING AND NOT A JURY. THE PARTIES HEREBY WAIVE THEIR
RESPECTIVE RIGHT TO A JURY TRIAL. A PARTY SHALL CONTACT AN ATTORNEY
OF THAT PARTY’S CHOICE IF SUCH PARTY DOES NOT UNDERSTAND THE LEGAL
CONSEQUENCES OF THESE PROVISIONS. For any Dispute that involves a claimed amount
of less than $10,000, the parties may agree to litigate the Dispute before a judge in a court of
small claims; however, any appeal of the judgment rendered in the small claims court will be
subject to the mediation and arbitration provisions set forth in this Article Fourteen.
14.11 AMENDMENT OF ARTICLE: By acceptance of deed, mortgage, trust deed or other
evidence of obligations or other instrument relating to a Parcel, each Owner acknowledges and agrees that such
Owner has waived and shall be deemed to have waived the right to any award of damages in connection with the
arbitration of a dispute, other than such Owner’s actual damages.
14.12 AMENDMENT OF ARTICLE: Without the express prior written consent of
Declarant, this Article may not be amended for a period of twenty years from the date of the
Recording of this Declaration.
ARTICLE FIFTEEN
The Master Association
15.01 IN GENERAL: For purposes of this Article Fourteen, capitalized terms which are
defined in the Master Declaration, to the extent not otherwise defined in this Article Fourteen,
shall have the meanings assigned to them in the Master Declaration. The Master Association
administers the real estate which is subject to the Master Declaration. Each Owner of a Parcel
hereunder shall be a member of the Master Association, along with owners of other Dwellings
Units, and shall be responsible for paying a share of the common expenses incurred by the
Master Association pursuant to the Master Declaration (“Master Assessment”).
15.02 BILLING AND COLLECTION OF MASTER ASSESSMENTS: At the request
of the Master Association, the Association shall invoice the Owners of Parcels hereunder for
Master Assessments payable by such Owners based on information furnished to the Association
by the Master Association. If the Association sends such invoices and receives payment from an
Owner, the Association shall remit the amount received to the Master Association. If an Owner
pays a portion of the full amount invoiced to the Owner for the Master Assessments and
Common Assessments or other amounts owed to the Association, without designating how the
payment is to be applied, then the payment shall be applied first to current amounts owed to the
Association, then to current amounts owed to the Master Association (which were invoiced by
the Association), then to delinquent amounts owed to the Association, then to delinquent
amounts owed to the Master Association (which were invoiced by the Association). The
Association may charge the Master Association a fee for its services under this Section which fee
shall reasonably approximate the additional costs incurred by the Association to furnish such
services.
{30084: 355: 02977716.DOC : } 41
15.03 COLLECTION OF DELINQUENT MASTER ASSESSMENTS: If an Owner is
delinquent in payment of Common Assessments hereunder and is also delinquent in payment of
Master Assessments, then upon the written request of the Master Association to the Association,
if the Association brings legal action against the delinquent Owner for unpaid Common
Assessments, it shall include a count or counts for the delinquent Master Assessments in the
name of and on behalf of the Master Association. If such an action is brought by the
Association, the cost thereof shall be shared between the Association and the Master Association
based on the relative amounts owed to each Association. If the Association recovers any
amounts as a result of its efforts, the amount recovered shall first be applied to pay costs of
collection (including attorneys’ fees and court cost) and the balance shall be shared between the
Association and the Master Association based on the relative amounts owed to each Association.
ARTICLE SIXTEEN
Miscellaneous
16.01 NOTICES: Any notice required to be sent to any Owner under the provisions of
this Declaration or the Operating Agreement shall be deemed to have been properly sent if (i)
mailed, postage prepaid, to his or its last known address as it appears on the records of the
Association at the time of such mailing, (ii) transmitted by facsimile or e-mail to his or its
facsimile number or e-mail address as either appears on the records of the Association at the time
of such transmittal, or (iii) when personally delivered to his or its Home. The date of mailing, or
the date of transmission if the notice is sent by facsimile or e-mail, shall be deemed the date of
service.
16.02 CAPTIONS: The Article and Section headings are intended for convenience only
and shall not be construed with any substantive effect in this Declaration. In the event of any
conflict between statements made in recitals to this Declaration and the provisions contained in
the body of this Declaration, the provisions in the body of this Declaration shall govern.
16.03 SEVERABILITY: Invalidation of all or any portion of any of the easements,
restrictions, covenants, conditions, or reservations, by legislation, judgment or court order shall
in no way affect any other provisions of this Declaration which shall, and all other provisions,
remain in full force and effect.
16.04 PERPETUITIES AND OTHER INVALIDITY: If any of the options, privileges,
covenants or rights created by this Declaration would otherwise be unlawful or void for violation
of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting
restraints on alienation, or (c) any other statutory or common law rules imposing time limits,
then such provisions shall continue only until twenty-one (21) years after the death of the
survivor of the now living lawful descendants of the President of the United States at the time
this Declaration is Recorded.
16.05 TITLE HOLDING LAND TRUST: In the event title to any Parcel is held by a
title holding trust, under the terms of which all powers of management, operation and control of
the Parcel remain vested in the trust beneficiary or beneficiaries, then the beneficiaries
thereunder from time to time shall be responsible for payment of all Charges and for the
{30084: 355: 02977716.DOC : } 42
performance of all agreements, covenants and undertakings chargeable or created under this
Declaration against such Parcel. 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
Parcel and the beneficiaries of such trust notwithstanding any transfers of the beneficial interest
of any such trust or any transfers of title to such Parcel.
16.06 DESIGNATED BUILDERS:
(a) The Declarant shall have the right and power to designate, in a Supplemental
Declaration, a “Designated Builder” and to grant to the Designated Builder some or all of the
rights of the Declarant hereunder, including, without limitation, one or more of the following
rights:
(i) The right to construct homes and to temporarily store construction equipment
and materials on the Development Area;
(ii) The right to construct and maintain model units, sales or leasing offices,
parking areas, advertising signs, lighting and banners, or other promotional facilities at
such locations and in such forms as the Designated Builder may deem advisable and to
use such model units (including model units which are sold by and leased back to the
Designated Builder), sales or leasing offices or other facilities for the purpose of selling
or leasing Homes on the Premises or at other properties in the general location of the
Premises which are being offered for sale by the Designated Builder or any its affiliates,
without the payment of any fee or charge whatsoever to the Association.
(iii) The right of ingress, egress and parking in and through, and the right to use
and enjoy the Common Area, at any and all reasonable times without fee or charge.
(iv) The right and power to lease any Homes owned by it to any person or entity
which it deems appropriate in its sole discretion.
(v) The right not to pay assessments under Section 6.02 hereof with respect to
Parcels owned by the Designated Builder during the period prior to the Turnover Date,
subject to the obligation to share in the payments, if any, required to be made by the
Declarant;
(vi) The right not to pay the initial capital contribution provided in Section 6.07
upon the closing of the sale of a Parcel by Declarant to the Designated Builder; provided,
however, that, in such case, the amounts payable under Section 6.07 shall be paid upon
the closing of the Parcel by the Designated Builder to a third party purchaser; and
(vii) The right to be treated as the Declarant under Section 16.07 hereof with
respect to the waiver of implied warranty of habitability provided for therein.
{30084: 355: 02977716.DOC : } 43
(b) Any rights granted by the Declarant to a Designated Builder pursuant to this Section
may be subject to such restrictions and limitations as the Declarant deems appropriate. Unless
otherwise limited by the Declarant, any rights granted by the Declarant to a Designated Builder
pursuant to this Section shall continue until such time as the Designated Builder is no longer
vested with, or controls title to, any portion of the Development Area, regardless of whether the
rights of the Declarant hereunder have terminated or expired.
16.07 WAIVER OF IMPLIED WARRANTY OF HABITABILITY AND OTHER
WARRANTIES: Illinois courts have held that every contract for the construction of a new home
in Illinois carries with it a warranty that when completed, the home will be free of defects and
will be fit for its intended use as a home. The courts have also held that this "Implied Warranty
of Habitability" does not have to be in writing to be a part of the contract and that it covers not
only structural and mechanical defects such as may be found in the foundation, roof, masonry,
heating, electrical and plumbing, but it also covers any defect in workmanship which may not
easily be seen by the buyer. However, the courts have also held that a seller-builder and buyer
may agree in writing that the Implied Warranty of Habitability is not included as a part of their
particular contract. Each buyer of a Home from Declarant agreed in the purchase contract that
the Declarant has excluded and disclaimed the Implied Warranty of Habitability and all other
implied warranties, whether created judicially, statutorily or by common law, including the
implied warranty of fitness for a particular purpose. Such exclusion and disclaimer shall apply to
and bind any subsequent Owner of a Home and, accordingl y, no Owner of a Home shall have the
right to assert a claim against Declarant for a breach of the Implied Warranty of Habitability or
any other implied warranty.
[Signature page follows]
{30084: 355: 02977716.DOC : } 44
Dated: __________________, 2021
DECLARANT:
CALATLANTIC GROUP, INC., a Delaware
corporation
By:_______________________________________
Christopher Gillen, Vice President
STATE OF ILLINOIS )
) SS
COUNTY OF ___________ )
I, the undersigned, a Notary Public in and for said County and State, do hereby certify
that Christopher Gillen, as a Vice President of CalAtlantic Group, Inc., a Delaware corporation
(“Corporation”) appeared before me this day in person and acknowledged that he signed and
delivered said instrument as his free and voluntary act, and as the free and voluntary act of the
Corporation for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this ____ day of ___________, 2021.
__________________________________________
Notary Public
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EXHIBIT A TO
DECLARATION OF FOR LEGEND LAKES NEIGHBORHOOD 1 TOWNHOMES
The Development Area
All Lot in Legend Lakes – Neighborhood 1 Resubdivision, being a subdivision of part of the
Northwest Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal
Meridian, in McHenry County, Illinois, pursuant to the plat thereof recorded in McHenry
County, Illinois on ____________, 2021, as Document ______________.
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EXHIBIT B TO
DECLARATION FOR LEGEND LAKES NEIGHBORHOOD 1 TOWNHOMES
The Premises
I. Lots:
The following described Lots shall be divided into Parcels as described in Section 1.26 of
the Declaration to which this Exhibit is attached:
Lots 1, 2, 9, 10, 11, 12, 13, 14, 26, 27, 28, 29 and 35 in Legend Lakes – Neighborhood 1
Resubdivision, being a subdivision of part of the Northwest Quarter of Section 33,
Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County,
Illinois, pursuant to the plat thereof recorded in McHenry County, Illinois on
____________, 2021, as Document ______________ (“Legend Lakes – Neighborhood 1
Resubdivision.
II. Common Area:
A. All portions of each Parcel described in Section I. above, outside of the Homes on the
Parcel.
B. Lots 1A, 2A, 3A and 4A in Legend Lakes – Neighborhood 1 Resubdivision.
III. Privacy Area
None at this time.
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EXHIBIT C TO
DECLARATION FOR LEGEND LAKES NEIGHBORHOOD 1 TOWNHOMES
Operating Agreement
[See attached]
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OPERATING AGREEMENT
OF
LEGEND LAKES NEIGHBORHOOD 1 TOWNHOME OWNERS ASSOCIATION, LLC
This Operating Agreement is entered into as of ______________, 2021, in East Dundee,
Illinois, between Legend Lakes Neighborhood 1 Townhome Owners Association, LLC, an
Illinois limited liability company (the “Association”), and CalAtlantic Group, Inc., a Delaware
corporation, its sole Member (sometimes referred to herein as the “Declarant”).
A. Articles of Organization for the Association were filed with the Secretary of State
of Illinois on _____________, 2021, and
B. Declarant desires to set forth the terms and conditions governing the management,
operation and affairs of the Association.
THEREFORE, in consideration of the mutual promises contained herein, and for other
good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties
agree as follows:
ARTICLE I
NAME OF ASSOCIATION
The full legal name of the Association is Legend Lakes Neighborhood 1 Townhome
Owners Association, LLC.
ARTICLE II
PURPOSE AND POWERS
2.01 PURPOSES: The purposes of the Association are to act on behalf of its Members
collectively, as their governing body, with respect to the preservation, care, maintenance,
replacement, improvement, enhancement, operation and administration of both real and personal
property, for the promotion of the health, safety and welfare and the common use and enjoyment
thereof by Members of the Association. This Operating Agreement is subject to the provisions
of the Declaration for Legend Lakes Neighborhood 1 Townhomes (“Declaration”) recorded with
the Office of the Recorder of Deeds for McHenry County, Illinois, as amended or supplemented
from time to time. All terms used herein (if not otherwise defined herein) shall have the
meanings set forth in the Declaration.
2.02 POWERS: The Association shall have and exercise all powers as are now or may
hereafter be granted by the Illinois Limited Liability Company Act (the “Act”), the Declaration
and this Operating Agreement; provided, however, that, except as otherwise specifically
provided in Section 5.10 of the Declaration, the Association shall not have the power to institute,
defend, intervene in, settle or compromise proceedings in the name of any Owner or member.
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Anything to the contrary notwithstanding, any proposed amendment to the provisions of this
Section 2.02 shall be effective only upon (i) the affirmative vote of Voting Members
representing 100% of the title votes of the Association, and (ii) until such time as the Declarant
no longer holds or controls title to any portion of the Premises, the prior written consent of the
Declarant.
2.03 TAX STATUS. It is intended that the Association shall be treated as an
association taxable as a corporation and, to the extent determined from time to time by the Board
(as hereafter defined), shall elect to be treated as a “homeowners association” under Section 528
of the Internal Revenue Code, or any successor provision thereto.
ARTICLE III
OFFICES
3.01 REGISTERED OFFICE: The Association shall have and continuously maintain
in the State of Illinois a registered office and a registered agent whose office is identical with
such registered office, and may have other offices within or without the State of Illinois as the
Board may from time to time determine.
3.02 PRINCIPAL OFFICE: The Association’s principal office shall be maintained on
the Development Area or at the office of the managing agent employed by the Association, if
any.
ARTICLE IV
MEETINGS AND ACTIONS OF MEMBERS
4.01 MEMBERSHIP. Each Owner shall be a member of the Association. There shall
be one membership per Parcel. There shall be two classes of membership. The Declarant shall
be the “Class B Member” with respect to Parcels or Parcels which it owns from time to time.
Each Owner other than the Declarant shall be a “Class A Member” with respect to each Parcel
which it owns. Membership shall be appurtenant to and may not be separated from ownership of
a Parcel. Ownership of a Parcel shall be the sole qualification for membership. A purchasing
Owner shall give to the Association written notice of the change of ownership of a Parcel within
ten (10) days after such change.
4.02 VOTING RIGHTS: Any or all Members may be present at any meeting of the
Members, but the voting rights shall be vested exclusively in the representative designated by the
Owner of each Parcel, in writing or by electronic notice to the Association, and such
representative shall be deemed a “Voting Member”, as defined in the Declaration.
Notwithstanding the foregoing, prior to the Turnover Date, all of the voting rights at each
meeting of the Association shall be vested exclusively in the Class B Member, the Declarant, and
the Owners (other than Declarant) shall have no voting rights. From and after the Turnover
Date, all of the voting rights at any meeting of the Association shall be vested in the Voting
Members and each Voting Member who represents a Parcel owned by a Class A Member shall
have one vote for each Parcel which the Voting Member represents and the Declarant, as the
Class B Member, shall have ten (10) votes for each Parcel which it owns or each Home which is
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planned to be built on each Parcel (as shown on the Declarant’s Development Plan) which it
owns but which does not yet consist of Parcels. The Voting Members may vote in person or by
proxy. All proxies shall be in writing, revocable, valid only for eleven (11) months from the date
of execution and filed with the Secretary.
4.03 PLACE OF MEETING; QUORUM: Meetings of the Members shall be held at
the principal office of the Association or at such other place in McHenry County, Illinois, as may
be designated in any notice of a meeting. All meetings shall be conducted in accordance with the
rules and provisions set forth in Roberts Rules of Order as from time to time published. Voting
Members representing at least twenty percent (20%) of the total votes shall constitute a quorum.
However, in the event quorum is not met for a particular meeting, the number of Voting
Members required for quorum shall be reduced by fifty percent (50%) and shall continue to be
reduced by fifty percent (50%) until such time as quorum is met and a meeting can be held;
provided that quorum shall not be reduced to less than five percent (5%). Unless otherwise
expressly provided herein or in the Declaration, any action may be taken at any meeting of the
Members at which a quorum is present upon the affirmative vote of a majority of the Voting
Members present at such meeting, including any matter which, under the Act, would otherwise
require the unanimous consent of the Members.
4.04 ANNUAL MEETINGS: The first meeting of the Members (“First Meeting”)
shall be held upon not less than twenty-one (21) days’ written notice given by the Declarant to
the Members. If not called earlier by the Declarant, the First Meeting shall be held no later than
thirty (30) days after the Turnover Date. Thereafter, there shall be an annual meeting of the
Members (“Annual Meeting”) on the anniversary of the First Meeting, or at such other
reasonable time or date (not more than thirty (30) days before or after such date) upon not less
than twenty-one (21) days written notice given by the Board to the Members.
4.05 SPECIAL MEETINGS: A special meeting of the Members may be called at any
time for the purpose of considering matters which, by the terms of the Declaration, require the
approval of all or some of the Voting Members or for any other reasonable purpose. A special
meeting shall be called by written notice to the Members by Declarant (prior to the First
Meeting), a majority of the Board (after the First Meeting), or by twenty percent (20%) of the
Voting Members (after the First Meeting), and delivered not less than twenty-one (21) days prior
to the date fixed for said meeting. The notices shall specify the date, time, and place of the
meeting and the matters to be considered.
4.06 NOTICE OF MEETINGS: Notices of meetings required to be given herein may
be delivered either personally, by email to the address on file with the Association, or by using a
“prescribed delivery method” (as defined in the Illinois Common Interest Community
Association Act) to the Members, addressed to such Member at the address given by such
Member to the Board for the purpose of service of such notice or to the Parcel of the Member, if
no address has been given to the Board. A notice of meeting shall include an agenda of business
and matters to be acted upon or considered at the meeting.
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4.07 NO DUTY OWED BY MEMBERS: Except as otherwise provided herein or in
the Declaration, a Member who is not also a Manager (as hereafter defined) owes no duty to the
Association or to the other Members solely by reason of being a Member.
4.08 NO SERVICES DUE FROM MEMBERS: No Member shall be required to
perform any services for the Association solely by reason of being a Member. No Member shall
be entitled to any compensation for any services performed by such Member for the Association
unless otherwise determined by the Board.
4.09 INDEMNIFICATION: The Association shall indemnify each Member for all
authorized acts performed by such Member in respect of the Association, to the full extent
permitted by the Act, but in no event for a Member’s material breach of this Operating
Agreement, criminal conduct, gross negligence or any fraudulent act committed by the Member.
ARTICLE V
BOARD OF MANAGERS
5.01 IN GENERAL: After the First Meeting, the affairs of the Association shall
be vested in the board of managers (the “Board”), which shall consist of three (3) persons (each a
“Manager” and, collectively, the “Managers”), or such other number of persons as shall be fixed
from time to time by the affirmative vote of not less than fifty percent (50%) of the Voting
Members.
5.02 DECLARANT AS MANAGER: Anything herein to the contrary
notwithstanding, the Declarant shall be the sole Manager and sole member of the Board until the
First Meeting.
5.03 DELIVERY OF DOCUMENTS: Within sixty (60) days of the First Meeting, the
Declarant shall deliver to the Board:
(a) Original copies of the Declaration, this Operating Agreement and the
Association’s Articles of Organization and any other documents filed with the Secretary
of State of the State of Illinois.
(b) An accounting of all receipts and expenditures made or received on behalf
of the Association by the Declarant.
(c) All Association funds and bank accounts.
(d) A schedule of all personal property, equipment and fixtures belonging to
the Association, including documents transferring the property to the Association.
5.04 ELECTION: At the First Meeting, the Voting Members shall elect a full Board to
replace the Declarant as the sole Manager. The two (2) candidates receiving the greatest number
of votes shall each serve a two-year term and the candidate receiving the next greatest number of
votes shall serve a one- year term. Thereafter, each Manager shall serve a two-year term. Each
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Manager shall hold office until his term expires or until his successor has been elected and
qualified. Managers may succeed themselves in office. In all elections for Managers, each Class
A Member shall be entitled to the number of votes equal to the number of Managers to be
elected, and the Class B Member shall be entitled to the number of votes equal to the number of
Managers to be elected times ten (10). Cumulative voting shall not be permitted for Class A
Members, but cumulative voting shall be permitted for the Class B Member.
5.05 BOARD MEETINGS: After the First Meeting, regular meetings of the Board
shall be held at such time and place as shall be determined at the Annual Meeting or, from time
to time, by a majority of the Board, provided that (i) the Board shall hold its first meeting within
thirty (30) days of the First Meeting, and (ii) not less than four (4) Board meetings shall be held
during each fiscal year. Notice of regular meetings of the Board shall be given to each Manager,
personally or by mail, at least two (2) days prior to the day named for any such meeting and such
notice shall state the time and place of such regular meeting and such notice shall be posted
conspicuously on the Premises so as to inform the Members of such meetings.
5.06 SPECIAL MEETINGS: After the First Meeting, a special meeting of the Board
may be called by the President or at least one-third (l/3) of the Managers then serving.
5.07 WAIVER OF NOTICE: Before or at any meeting of the Board, any Manager
may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the
giving of such notice. Attendance by a Manager at any meeting of the Board shall be a waiver of
notice by him of the time and place thereof. If all the Managers are present at any meeting of the
Board, no notice shall be required and any business may be transacted at such meeting.
5.08 QUORUM: A majority of the Managers serving from time to time shall
constitute a quorum for the election of officers and for the transaction of business at any meeting
of the Board, provided, that if less than a majority of the Managers are present at said meeting, a
majority of the Managers present may adjourn the meeting from time to time without further
notice. Except as otherwise expressly provided herein or in the Declaration, any action may be
taken upon the affirmative vote of a majority of the Managers present at a meeting at which a
quorum is present (“Board Action”).
5.09 POWERS AND DUTIES OF THE BOARD: The Board shall have all of the
powers and duties granted to it or imposed upon it by the Declaration, this Operating Agreement,
and the Act, including, without limitation, the following powers and duties:
(a) To engage the services of a managing agent upon such terms and with
such authority as the Board may approve;
(b) To provide for the designation, hiring and removal of such employees and
such other personnel, including attorneys and accountants, as the Board may, in
its discretion, deem necessary or proper;
(c) To provide for any maintenance, repair, alteration, addition, improvement
or replacement of the Common Area for which the Association is responsible under the
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Declaration and this Operating Agreement;
(d) To procure insurance as provided for under the Declaration;
(e) To estimate and provide each Member with an annual budget showing the
Common Expenses;
(f) To set, give notice of, and collect from the Members, Common
Assessments and other assessments, as provided in the Declaration;
(g) To pay the Common Expenses;
(h) Subject to the provisions of the Declaration, to own, convey, encumber or
otherwise deal with any real property conveyed to or purchased by the Association;
(i) To adopt and, from time to time, to amend such reasonable rules and
regulations as the Board may deem advisable for the use, enjoyment, administration,
management, maintenance, conservation and beautification of the Common Area, and for
the health, comfort, safety and general welfare of the Members and Residents. Written
notice of any such rules and regulations or amendments thereto shall be given to all
Residents affected thereby;
(j) To delegate the exercise of its power to committees appointed pursuant to
Article Seven of this Operating Agreement;
(k) To borrow money and pledge the assets of the Association, including the
right to receive future assessments, as collateral for repayment thereof; and
(l) To convey all or substantially all of the Association’s assets to, merge
with, or convert to, another entity, including a not-for-profit corporation, to the extent
permitted by law.
5.10 COMPENSATION/REIMBURSEMENT FOR EXPENSES: Managers shall
receive no compensation, except as expressly provided in a resolution duly adopted by not less
than 75% of the Voting Members. Upon the presentation of receipts or other appropriate
documentation, a Manager shall be reimbursed by the Association for reasonable out-of-pocket
expenses incurred in the course of the performance of his or her duties as a Manager.
5.11 REMOVAL OR RESIGNATION OF A MANAGER: Prior to the First Meeting,
the Declarant may not be removed as Manager without the Declarant’s written consent. After
the First Meeting, any Manager may be removed from office, with or without cause, by the
affirmative vote of at least two-thirds (2/3) of the Managers then serving at any Annual Meeting
or at a special meeting called for such purpose. Any Manager may resign at any time by
submitting his written resignation to the Board. If after the First Meeting, a Manager ceases to
be a Member or Voting Member, he or she shall be deemed to have resigned as of the date of
such cessation. A successor to fill the unexpired term of a Manager who resigns may be
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appointed by a majority of the remaining Managers at any regular meeting or a special meeting
called for such purpose and any successor so appointed shall serve the balance of his or her
predecessor’s term.
5.12 NO EXCLUSIVE DUTY: Except as otherwise provided in this Operating
Agreement, the Managers shall not be required to manage the Association as their sole and
exclusive function and the Managers may have other business interests and engage in other
activities in addition to those relating to the Association. Neither the Association nor any
Member shall have any right to share or participate in such other investments or activities of the
Managers or to the income or proceeds derived therefrom.
5.13 LIMITATION OF LIABILITY: The Managers shall perform the duties of the
Manager in good faith, in a manner which the Managers believe to be in the best interests of the
Association, and with such care as an ordinarily prudent individual in a like position would use
under similar circumstances. See Section 5.06 of the Declaration for provisions concerning
limitations on the liability of Managers and other indemnification provisions.
5.14 INDEMNIFICATION: The Association shall indemnify each Manager for all
acts performed by the Manager in respect of the Association, to the full extent permitted by the
Act, but in no event for fraud, deceit, theft, misappropriation, embezzlement, willful misconduct
or gross negligence relating to the Association.
ARTICLE VI
OFFICERS
6.01 OFFICERS: The officers of the Association shall be a President, one or more
Vice Presidents, a Secretary, Treasurer, and such assistants to such officers as the Board may
deem appropriate and shall hold office at the discretion of the Board. After the First Meeting,
officers shall be Managers and shall be elected annually at the first Board meeting following the
Annual Meeting.
6.02 VACANCY OF OFFICE: Any officer may be removed at any meeting of the
Board by the affirmative vote of the majority of the Managers in office, either with or without
cause. Any officer may resign at any time by submitting his or her written resignation to the
Board. If after the First Meeting, an officer ceases to be a Member or Voting Member, he or she
shall be deemed to have resigned as of the date of such cessation. A successor to fill the
unexpired term of an officer who resigns or is removed may be appointed by the Board at any
regular meeting or a special meeting called for such purpose and any successor so appointed
shall serve the balance of his or her predecessor’s term.
6.03 POWERS OF OFFICERS: The respective officers of the Association shall have
such powers and duties as are from time to time prescribed by the Board and as are usually
vested in such officers, including but not limited to, the following:
(a) The President shall be the Chief Executive Officer of the Association and
shall preside at all meetings of the Members and at all meetings of the Board and shall
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execute amendments to the Declaration and this Operating Agreement as provided in the
Declaration and this Operating Agreement.
(b) The Vice President shall, in the absence or the disability of the President,
perform the duties and exercise the powers of such office;
(c) The Secretary shall keep minutes of all meetings of the Members and of
the Board and shall have charge of such other books, papers and documents as the Board
may prescribe;
(d) The Treasurer shall be responsible for Association funds and securities
and for keeping full and accurate accounts of all receipts and disbursements in the
Association books of accounts kept for such purpose.
6.04 OFFICERS’ COMPENSATION: The officers shall receive no compensation for
their services, except as expressly provided by a resolution duly adopted by not less than 75% of
the Voting Members.
ARTICLE VII
COMMITTEES DESIGNATED BY BOARD
7.01 BOARD COMMITTEES: The Board may, by Board Action, designate one or
more committees, each of which shall consist of two or more Managers, which committees, to
the extent consistent with law and as provided in said resolution, shall have and exercise the
authority of the Board in the management of the Association; but the designation of such
committees and delegation thereto of authority shall not operate to relieve the Board, or any
individual Manager, of any responsibility imposed by law upon the Board or any individual
Manager.
7.02 SPECIAL AND STANDING COMMITTEES: Other committees not having and
exercising the authority of the Board in the management of the Association may be designated
by a resolution adopted by Board Action. Except as otherwise provided in such resolution,
members of each such special committee shall be Members or Voting Members and the
President shall appoint the members of such special committee, as well as a Manager to act as
the liaison between the special committee and the Board. Any member of such special
committee may be removed by the President whenever in his or her judgment the best interests
of the Association shall be served by such removal. The powers and the duties of any standing
committee shall be as set from time to time by resolution of the Board. The President shall
designate a Manager (who shall act as the liaison between the standing committee and the Board)
to serve as the chairman of each standing committee, and the other members of the standing
committee (who need not be Managers) shall be appointed and removed from time to time by
such chairman.
7.03 TERM: Each member of a committee shall continue as such until the next
Annual Meeting of the Board and until his or her successor is appointed, unless the committee
shall be sooner terminated, or unless such member shall be removed from such committee, or
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unless such member shall cease to qualify as a member thereof.
7.04 CHAIRPERSON: Except as otherwise provided in Section 7.02, one member of
each committee shall be appointed chairperson.
7.05 VACANCIES: Vacancies in the membership of any committee may be filled by
appointments made in the same manner as provided in the case of the original appointments to
such committee.
7.06 QUORUM: Unless otherwise provided in the resolution of the Board designating
a committee, a majority of the whole committee shall constitute a quorum and the act of a
majority of the members present at a meeting at which a quorum is present shall be the act of the
committee.
7.07 RULES: Each committee may adopt rules for its own governance not
inconsistent with the Declaration, this Operating Agreement or with rules adopted by the Board.
ARTICLE VIII
CONTRACTS, CHECKS, DEPOSITS AND FUNDS
8.01 CONTRACTS: The Board may authorize any officer of officers, agent or agents
of the Association, in addition to the officers so authorized by this Operating Agreement, to enter
into any contract or execute and deliver any instrument in the name of and on behalf of the
Association and such authority may be general or confined to specific instances. In the absence
of any such authorization by the Board, any such contract or instrument shall be executed by the
President or a Vice President and attested to by the Secretary or an Assistant Secretary of the
Association.
8.02 PAYMENTS: All checks, drafts, vouchers or other orders for the payment of
money, notes or other evidences of indebtedness issued in the name of the Association shall be
signed by such officer or officers, agent or agents of the Association, and in such manner as shall
from time to time be determined by resolution of the Board. In the absence of such
determination by the Board, such instruments shall be signed by the Treasurer or an Assistant
Treasurer and countersigned by the President or a Vice President of the Association.
8.03 BANK ACCOUNTS: All funds of the Association not otherwise employed shall
be deposited from time to time to the credit of the Association in such banks, trust companies or
other depositories as the Board shall elect.
8.04 SPECIAL RECEIPTS: The Board may accept on behalf of the Association any
contribution, gift, bequest, or devise for the general purposes or for any special purpose of the
Association.
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ARTICLE IX
FISCAL MANAGEMENT
9.01 FISCAL YEAR: The fiscal year of the Association shall be established by the
Association and may be changed from time to time by a resolution adopted by two-thirds (2/3) of
the Board.
9.02 ANNUAL STATEMENT: Within a reasonable time after the close of each fiscal
year, the Board shall furnish each Member with a statement of the income and disbursements of
the Association for such fiscal year.
9.03 SPECIAL STATEMENT: Within ten (10) days after receipt of a written request
from a Member, the Board shall provide the Member with a statement containing the following
information:
(a) The status of the Member’s account and the amount of any unpaid
assessments or other charges due and owing from the Member; and
(b) The status and amount of any and all Capital Reserves.
9.04 ASSESSMENT PROCEDURE: Common Assessments and special assessments
shall be made and collected as provided in the Declaration.
ARTICLE X
TRANSFER OF MEMBERSHIP
10.01 MEMBERSHIP: The Owner of each Parcel shall automatically be a Member of
the Association. There shall be one membership per Parcel. Membership shall be appurtenant to
and may not be separated from ownership of a Parcel. Ownership of a Parcel shall be the sole
qualification for membership. The Association shall be given written notice of a proposed
change of ownership of a Parcel within ten (10) days prior to such change. Any attempt to
transfer membership in the Association separate from ownership of a Parcel shall be invalid, null
and void, and of no force and effect.
10.02 NO VOLUNTARY DISSOCIATION: Except as otherwise provided by Section
10.01 above, a Member shall not be permitted to voluntarily dissociate from the Association.
ARTICLE XI
BOOKS AND RECORDS
The Association shall keep correct and complete books and records of account and shall
also keep minutes of the proceedings of its Members, the Board, and committees having any of
the authority of the Board, and shall keep at the registered or principal office of the Association a
record including the following: (i) the names and last known address of the Members, setting
forth the date on which each became a Member; (ii) a copy of the Articles of Organization of the
Association, as amended or restated, together with executed copies of any powers of attorney
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pursuant to which any articles, applications, or certificates have been executed; (iii) copies of the
Association’s financial statements and federal, state, and local income tax returns and reports for
the three (3) most recent years, where applicable; and (4) copies of the Operating Agreement and
any amendments thereto. All books and records of the Association may be inspected and copied
by any Member, or his or her mortgagee, agent or attorney, at any reasonable time. The Member
shall reimburse the Association for all costs and expenses incurred by the Association in
connection with that Member’s inspection and copying of such records.
ARTICLE XII
MISCELLANEOUS PROVISIONS
12.01 GOVERNING LAW. This Operating Agreement shall be interpreted in
accordance with the internal laws of the State of Illinois, without regard to its rules governing
conflict of laws.
12.02 VALIDITY. The provisions of this Operating Agreement are intended to be
interpreted and construed in a manner which renders them valid and enforceable. In the event
that any provision of this Operating Agreement is found to be invalid or unenforceable, such
provision shall be deemed excised from this Operating Agreement without affecting the validity
or enforceability of any of the remaining provisions hereof.
12.03 JURISDICTION AND VENUE. All disputes arising under or in connection
with this Operating Agreement shall be resolved and disposed of by the federal and state courts
located in the County where the Declaration is recorded, and the Association, Managers, and
Members irrevocably consent to the exclusive personal jurisdiction of such courts and venue
therein.
ARTICLE XIII
AMENDMENTS
This Operating Agreement may be amended or modified at any time, or from time to
time, by the affirmative vote of two-thirds of the Managers then serving provided, that (a) no
provision of this Operating Agreement may be amended or modified so as to conflict with the
provisions of the Declaration or the Act, and (b) no provision of this Operating Agreement which
affects the rights of the Class B Member may be amended or modified without the written
consent of the Class B Member.
[Signature page follows]
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IN WITNESS WHEREOF, the parties have executed this Operating Agreement as of the
first date set forth above.
ASSOCIATION:
Legend Lakes Neighborhood 1 Townhome Owners
Association, LLC, an Illinois limited liability company
By: CalAtlantic Group, Inc., a Delaware corporation,
its sole Member and Manager
By: __________________________________
Christopher Gillen, Vice President
MEMBER/DECLARANT:
CalAtlantic Group, Inc., a Delaware
corporation
By: __________________________________
Christopher Gillen, Vice President