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R-1009 - 02/26/2008 - SUBDIVISION - Resolutions Supporting Documents�p -yNA J o AGENDA ITEM Regular Board of Trustees Meeting of February 26, 2008 i y SUBJECT: Dana Park Resubdivision — 3111 -3115 Cara Lane — Final Plat of Subdivision FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to approve Resolution R -1009 which approves a final plat for the Dana Park Resubdivision. Background /History: At the February 12, 2008 meeting, the Village Attorney was directed to prepare the resolution granting approval of a final plat and requested waivers /variations from the provisions of the Title 14 — Subdivision Regulations for the Dana Park Resubdivision located at 3111 -3115 Cara Lane. Recommendation: Approve Resolution R -1009. Last saved by GPOLANEK J \1 -FROM BOB\Bot - PC - ZBA \BOT -Rec -Dana Park -FP -final action Ordinance-F62008 doc 0 RESOLUTION 2008- SD -FP -R -1009 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DANA PARK RESUBDIVISION AND CONFIRMING A WAIVER AND A VARIATION FROM THE PROVISIONS OF SECTION 14 -6 -3 OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PRIVATE STREETS AND SIDEWALKS (3111, 3113 and 3115 Cara Lane) P I N # 06 -33- 103 -007, 06 -33- 103 -008, 06 -33- 103 -033 WHEREAS, on October 11, 2005, the President and Board of Trustees adopted Resolution 2005 - SD- FP -V -R -927 entitled " A Resolution Approving The Final Plat Known As Dana Park Subdivision And Granting A Waiver And A Variation From The Provisions Of Section 14 -6 -3 Of Title 14 ( "Subdivision Regulations ") of the Village Code of the Village of Oak Brook Relative To Private Streets And Sidewalks ", and WHEREAS, at its meeting on January 21, 2008 the Plan Commission reviewed an application from Mr Frank Drukas, the owner of 3 54 acres at 3111, 3113 and 3115 Cara Lane seeking approval of a six -lot subdivision for the property currently known as the Dana Park Subdivision, which contains three lots for new homes and one lot for the private street Cara Lane, and WHEREAS, by a vote of 7 to 0, the Plan Commission recommended approval of the request for a six -lot final plat of subdivision for the property, and WHEREAS, the property at 3111, 3113 and 3115 Cara Lane is legally described as follows LOTS 1, 2, 3 AND 4 OF DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006 AS DOCUMENT NO 2006 - 024939 IN DUPAGE COUNTY, ILLINOIS NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows Section 1 The foregoing preambles are incorporated herein by reference as though fully set forth herein Section 2 That the Final Plat of Resubdivision known as Dana Park Resubdivision, prepared by Ridgeline Consultants, LLC, last revised December 27, 2007, is hereby approved, subject to the following conditions The Village reaffirms the waiver of the requirement to construct sidewalks contained in Section 14 -6 -3E (previously approved in the Dana Park Subdivision), 2 The Village reaffirms the variation to the requirement to allow private streets and the reduction of the private right -of -way width to 45 feet contained in Section 14 -6 -3 (previously approved in the Dana Park Subdivision), 3 The Village approves the vacation of certain detention and drainage and flood plain easements as previously approved in the Dana Park Subdivision, Resolution 2008- SD -FP -R -1009 Approving FP of Resubdivision Dana Park, 3111, 3113, 3115 Cara Ln Page 2 of 2 4 The final plat and final engineering plans be revised and approved by the Village Engineer Section 3 All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable to the subdivision and development of said Dana Park Resubdivision, except as waived or varied by this resolution Section 4 This resolution shall be in full force and effect from and after its passage, approval and publication as required by law Section 5 All resolutions or parts thereof in conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict Ayes Nays Absent APPROVED THIS 26th day of February, 2008 John W Craig Village President PASSED THIS 26th day of February, 2008 ATTEST Charlotte K Pruss Village Clerk MAE 1 r �• r • I I' EM 6.G. AGENDA ITEM Regular Board of Trustees Meeting of November 11, 2008 SUBJECT: Dana Park Resubdivision FROM: Dale L. Durfey, Jr., P.E., Village Engineer BUDGET SOURCE/BUDGET IMPACT: N.A. RECOMMENDED MOTION: I move that the Village Board approve a time extension to June 30, 2009, for the developer to submit to the Village the plat and all other documentation required. Background/History: The Village Board approved Resolution R -1009 at the meeting of February 26, 2008, approving the Dana Park Resubdivision subject to certain conditions. Section 14 -4 -8 of the Village Code states "Upon approval of a final plat of subdivision by resolution of the corporate authorities, as provided in Subsection 14 -4 -1 C of this chapter, the subdivider shall within six (6) months thereof submit to the Village the plat and all other documentation required pursuant to said resolution and this title. Failure to comply with this provision shall render such approved final plat as null and void, unless an extension by the granted by the Village." The six month date referenced was August 26, 2008. Since it is substantially past that date, the developer has supplied the attached letter dated October 29, 2008, requesting an extension to June 30, 2009 to accomplish the documentation. Recommendation: I recommend that the Village Board approve the requested time extention. kAl Last saved by administrator JAWORDDOC \Dana Park Resubd approval ext doc Last printed 11/4/2008 4.05 PM FRANK PAUL DEVE LOP ME NT CORPORATIO N d/b/a. FRANK PAUL HOMES 958 W- Bauer Road Naperville, 160563 Office 630--926-8270 Fax 630-848-1741 October 29, 2008 Dear. f%jlr. Durfey, W I E CE E Off 2928 VILLAGE OF OAK BROOK ENGINEERING DEPARTMENT P I e as e, a cce pt th i s co rresp on den ce, as a, for,rn al re uest to e xle n d th e d Ll e date fu r co i-np I etio n of th e D an a P 3 rK s ite d eve I opm ent wo rk u nti I J un e 3 0, 200 9. I .As you know, the state, of the economy has had' an impact on the marketability of property in general aid on the real estate. indlistry 3.S a. VV`1101e. Our application and Subsequent a,pprov;3.1 to re-zone and' re-subd,ivide, Da,na Pa.rk were measures to CGLinter the eco,nomic conditions a,nd 3,11'eviate. the� price point pressures. Despite this effort a.nd our best intentions, only a, few prospects have, expressed a passing interest; and as such, we have. had, no sales. In parallel, we, continue to experience T both maintenance and ca,rrying, costs. 'in light of the above, We are respectfully SUbmittin,g' this request for an extension to create, ad.ditiOI13.1 sales cycle tin -ie to identify a. p,otenti3l qualified home buyer. Given that the property is presentable in its current state andf is not an eyesore to the community, we are hopeful that the Villa.ge Will approve Our request for the extension. Sincere Regards, r Irr Fra,nk P. Drukas 1`03naging� Member Dana Park, LLC pF OqA,� � X90 4 o � A O v, G r � A � 9cF�DUNj1 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak- brook.org Administration 630 368 5000 FAX 630 368 5045 Community Development 630 368 5101 FAX 630 368 5128 Engineering Department 630 368 5130 FAX 630 368 5128 Fire Department 630 368 5200 FAX 630 368 5250 Police Department 630 368 8700 FAX 630 368 8739 Public Works Department 630 368 5270 FAX 630 368 5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 368 7700 FAX 630 368 7704 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 368 6420 FAX 630 368 6439 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 368 6400 FAX 630 368 6419 July 2, 2009 Dana Park, LLC Attention: Mr. Frank Drukas 1220 Heatherton Drive Naperville, IL 60563 Re: Recorded Documents on 4 -23 -09 for Final Plat Dana Park Resubdivision: FINAL PLAT DANA PARK RESUBDIVISION R2009- 060479 RESOLUTION 2008- SD -FP -R- 1009/' R2009- 060480 ORDINANCE 2008- ZO -V -S -1225 R2009- 060481 SUBDIVISION IMPROVEMENT AGREEMENT R2009- 060482 DECLARATION OF COVENANTS R2009- 060483 3111, 3113 and 3115 Cara Lane Oak Brook, Illinois 60523 PIN #06 -33- 103 -0393 06 -33- 103 -040, 06 -33- 103 -041 & 06 -33- 103 -042 Dear Mr. Drukas: Copies of the above noted recorded documents are enclosed for your information. These are important records and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 368-5056 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosures cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files / 'R+-- ( p 6 R,E So L 4A 1 ;,Os /RECDOC/2009- RECLTR -SD -FP -DANA PK RESUB- 3111,3113,&3115 CARA LN FRED BUCHOLZ UUPFGE COUNTY RECORDER APR .23,2009 4:01 PM 00 PAGES fl200933 060480 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document RESOLUTION 2008- SD -FP -R -1009 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DANA PARK RESUBDIVISION AND CONFIRMING A WAIVER AND A VARIATION FROM THE PROVISIONS OF SECTION 14 -6 -3 OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PRIVATE STREETS AND SIDEWALKS Property Address /es 3111, 3113 AND 3115 CARA LANE (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, IL 60523 Pin /s Number 06 -33- 103 -039, 06 -33- 103 -040 06 -33- 103 -041, 06 -33- 103 -042 Name & Address of Applicant: FRANK DRUKAS 1220 HEATHERTON DRIVE, NAPERVILLE, IL 60563 Name & Address of Responsible DANA PARK, LLC -FRANK DRUKAS Party to Receive Copy of 1220 HEATHERTON DRIVE Recorded Document and Billing: NAPERVILLE, IL 60563 G/L Account # to be Charged: 10 -1365 Prepared By. Village of Oak Brook 1200 Oak Brook Road Oak Brook. Illinois 60523 Name & Address of Recipient of Consideration (when appli`cable): G/L Account # to be Charged: N/A Return T Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 1 �a t� RESOLUTION 2008- SD -FP -R -1009 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DANA PARK RESUBDIVISION AND CONFIRMING A WAIVER AND A VARIATION FROM THE PROVISIONS OF SECTION 14 -6 -3 OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PRIVATE STREETS AND SIDEWALKS (3111, 3113 and 3115 Cara Lane) P.I.N. # 06 -33- 103 -039, 06 -33- 103 -040, 06 -33- 103 -041, 06 -33- 103 -042 WHEREAS, on October 11, 2005, the President and Board of Trustees adopted Resolution 2005 - SD- FP -V -R -927 entitled " A Resolution Approving The Final Plat Known As Dana Park Subdivision And Granting A Waiver And A Variation From The Provisions Of Section 14 -6 -3 Of Title 14 ( "Subdivision Regulations ") of the Village Code of the Village of Oak Brook Relative To Private Streets And Sidewalks "; and WHEREAS, at its meeting on January 21, 2008 the Plan Commission reviewed an application from Mr Frank Drukas, the owner of 3 54 acres at 3111, 3113 and 3115 Cara Lane seeking approval of a six -lot subdivision for the property currently known as the Dana Park Subdivision, which contains three lots for new homes and one lot for the private street Cara Lane, and WHEREAS, by a vote of 7 to 0, the Plan Commission recommended approval of the request for a six -lot final plat of subdivision for the property; and WHEREAS, the property at 3111, 3113 and 3115 Cara Lane is legally described as follows: LOTS 1, 2, 3 AND 4 OF DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD- PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006 AS DOCUMENT NO 2006 - 024939 IN DUPAGE COUNTY, ILLINOIS NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows Section 1 The foregoing preambles are incorporated herein by reference as though fully set forth herein ``• Section 2 That the Final Plat of Resubdivision known as Dana Park Resubdivision, prepared by Ridgeline Consultants, LLC, last revised December 27, 2007, is hereby approved, subject to the following conditions The Village reaffirms the waiver of the requirement to construct sidewalks contained in Section 14 -6 -3E (previously approved in the Dana Park Subdivision); 2. The Village reaffirms the variation to the requirement to allow private streets and the reduction of the private right -of -way width to 45 feet contained in Section 14 -6 -3 (previously approved in the Dana Park Subdivision); 3 The Village approves the vacation of certain detention and drainage and flood plain easements as previously approved in the Dana Park Subdivision; Resolution 2008- SD -FP -R -1009 Approving FP of Resubdivision Dana Park, 3111, 3113, 3115 Cara Ln S Page 2of2 4 The final plat and final engineering plans be revised and approved by the Village Engineer. Section 3- All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable to the subdivision and development of said Dana Park Resubdivislon, except as waived or varied by this resolution Section 4. This resolution shall be in full force and effect from and after its passage, approval and publication as required by law. Section 5 All resolutions or parts thereof In conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict APPROVED THIS 26th day of February, 2008 f i n W Craig r illage President ,t r / PASSED THIS 26th day of February, 2008 Ayes Trustees Carson, Kennedy Manofsky, Saiyed and Wolin Nays: None Absent Trustee Sanford ATTEST Charlotte K. Pruss Village Clerk STATE OF ILLINOIS ) SS COUNTIES OF COOK AND DUPAGE ) I, Charlotte K Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois I DO FURTHER CERTIFY that on February 26, 2008 the corporate authorities of the above municipality passed and approved RESOLUTION 2008- SD -FP -R -1009 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DANA PARK RESUBDIVISION AND CONFIRMING A WAIVER AND A VARIATION FROM THE PROVISIONS OF SECTION 14 -6 -3 OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PRIVATE STREETS AND SIDEWALKS (3111, 3113 and 3115 Cara Lane) P I N # 06 -33- 103 -039, 06 -33- 103 -040, 06 -33- 103 -041, 06 -33- 103 -042 I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 20th day of April 2009 Charlotte K Pruss �k: _ : k • Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois FRED BUCHOLZ DUPAGE COUNTY RECORDER APR.23,2009 4:01 PM OTHER 06-33-103—039 004 PAGES R2009- 060481 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2008-ZO-V-S-1225 AN ORDINANCE GRANTING A VARIATION TO THE FRONT YARD AND SIDE YARD SETBACK REQUIREMENTS FOR THE PROPERTY COMMONLY KNOWN AS THE DANA PARK SUBDIVISION IN THE VILLAGE OF OAK BROOK Property Address/es 3111, 3113 AND 3115 CARA LANE (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin/s Number 06-33-103-039, 06-33-103-040 06-33-103-041, 06-33-103-042 Name & Address of Applicant: FRANK DRUKAS 1220 HEATHERTON DRIVE NAPERVILLE IL 60563 Name & Address of Responsible DANA PARK, LLC-FRANK DRUKAS Party to Receive Copy of 1220 HEATHERTON DRIVE Recorded Document and Billing: NAPERVILLE, IL 60563 G/L Account# to be Charged: 10-1365 Prepared By: Village of Oak Brook Return T Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account # to be Charged: ORDINANCE 2008-ZO-V-S-1225 AN ORDINANCE GRANTING A VARIATION TO THE FRONT YARD AND SIDE YARD SETBACK REQUIREMENTS FOR THE PROPERTY COMMONLY KNOWN AS THE DANA PARK SUBDIVISION IN THE VILLAGE OF OAK BROOK (Cara Lane) (PIN: 06-33-103-039, 06-33-103-040, 06-33-103-041 and 06-33-103-042) WHEREAS, an application has been filed by the property owner, Frank Paul Development Corporation (the "Petitioner"), requesting a variation to Section 13-6C-3.F.1 of the Zoning Ordinance to permit 30-foot front yards and 30-foot side yards abutting a street for the property commonly known as Dana Park Subdivision; and WHEREAS, on December 4, 2007, the Zoning Board of Appeals conducted a public hearing on the request for variation, pursuant to due and appropriate legal notice, and recommended approval of the variation subject to certain conditions; and WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the factors required for approval of the requested variation and made specific findings, including that the variation will not endanger the public health, safety and welfare, and that there will be no substantial injury to other property in the neighborhood; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and deem the variation, as set forth below, to be in the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. Section 2: The Petitioner is hereby granted a variation to Section 13-6C-3.F.1 of the Zoning Ordinance to permit 30-foot front yards and 30-foot side yards abutting a street for the property commonly known as the Dana Park Subdivision. Section 3: The variation and the scope of this ordinance are limited and restricted to the property commonly known as the Dana Park Subdivision, which is legally described as follows: LOT 1 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006-024939, IN DUPAGE COUNTY, ILLINOIS. Permanent Index Number: 06-33-103-039 LOT 2 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006-024939, IN DUPAGE COUNTY, ILLINOIS Ordinance 2008-ZO-V-S-1225 Dana Park Setback Variations Cara Lane:06-33-103-039,06-33-103-040, 06-33-103-041 and 06-33-103-042 Page 2 of 2 Permanent Index Number: 06-33-103-040 LOT 3 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006-024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number: 06-33-103-041 LOT 4 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCOURDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006-024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number: 06-33-103-042 Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not effect any of the other provisions of this ordinance. Section 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 22nd day of January, 2008. lage President PASSED THIS 22nd day of January, 2008. Ayes: Trustees Carson, Kennedy, Manofskv, Saived, Sanford and Wolin Nays: None Absent: None ATTEST: ........... Charlotte K. Pruss Village Clerk V `M. r STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on January 22, 2008 , the corporate authorities of the above municipality passed and approved Ordinance 2008-ZO-V-S-1225, AN ORDINANCE GRANTING A VARIATION TO THE FRONT YARD AND SIDE YARD SETBACK REQUIREMENTS FOR THE PROPERTY COMMONLY KNOWN AS I THE DANA PARK SUBDIVISION IN THE VILLAGE OF OAK BROOK (Cara Lane ) (PIN: 06-33-103-039, 06-33-103-040, 06-33-103-041 and 06-33-103-042) 1 DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 19th day of February, 2008. > jf s '•` Charlotte K. Pruss a � i�El��, °°r 4""� ,; Village Clerk I x w? s I Village of Oak Brook 3 ;a f . �' i� DuPage and Cook Counties, Illinois FRED BUCHOLZ DUPAGE COUNTY RECORDER APR.23,2009 4:01 PM OTHER 06—33-103—039 030 PAGES R2009-060482 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document SUBDIVISION IMPROVEMENT AGREEMENT FOR DANA PARK RESUBDIVISION Property Address/es 31.11_, 3113 AND 3115 CARA LANE (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin/s Number 06-33-_10_3-039, 06-33-103-040 06-33-1. 03-041, 06-33-103-042 Name & Address of Applicant: FRANK DRUKAS 1220 HEATHERTON DRIVE, NAPERVILLE IL 60563 Name & Address of Responsible DANA LLC-FRANK DRUKAS Party to Receive Copy of 1220 HEATHERTON DRIVE Recorded Document and Billing: NAPERVILLE, IL 60563 G/L Account # to be Charged: 10-1365 Prepared By: Village of Oak Brook Return T Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account#to be Charged: , SUBDIVISION IMPROVEMENT AGREEMENT FOR DANA PARK RESUBDIVISION THIS AGREEMENT, made and entered into as of the # 0% day of p/ 2008' , by and among the VILLAGE OF OAK BROOK, an Illinois municipal corporation, having its offices at 1200 Oak Brook Road, Oak Brook, Illinois 60523 (:Village"), and Dana Park, L..L.C. ("Developer"), WHEREAS, Developer proposes to subdivide the real estate described in Exhibit A, attached hereto and hereby made a part hereof, in compliance with the Village Subdivision Regulations and has submitted to the Village a Plat of Resubdivision ("Subdivision Plat") identified and described in Exhibit B attached hereto and hereby made a part hereof, and WHEREAS, the Subdivision Plat has been approved by the Corporate Authorities of the Village by Resolution No. 2008-SD-FP-R-1009 passed and approved on February 26, 2008, ("Resolution") subject to the satisfaction of the conditions contained in said Resolution, a copy of which is attached hereto as Exhibit C and hereby made a part hereof, which Resolution, among other things, provides for the execution of this Agreement by and between Village and Developer in grder to insure the completion of certain land improvements as a condition precedent to the issuance of building or occupancy permits with respect to buildings proposed to be constructed on the real estate described in Exhibit A. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, the sufficiency of which is hereby acknowledged, Village and Developer hereby agree as follows: 1. Developer, at its sole cost and expense, shall furnish, or cause to be furnished, all the necessary material, labor, equipment and services required to perform, construct, install and complete the following: A. Constr uction of any land improvements required by the Village Subdivision Regulations and /or this Agreement; and B. Providing the necessary record drawings, and C. Providing the necessary engineering and surveying services that are required in subsections A and B of this section, AN, B. and C collectively shall be referred to as "Work"). All Work shall be performed in a good and workmanlike manner and in accordance with all pertinent Village ordinances and regulations except to the extent the same may have been modified or waived as provided in the Resolution, and in accordance with the plans entitled Site Improvement Plans for Dana Park Resubdivision consisting of 11 sheets prepared by Ridgeline Consultants, LLC, registered professional engineers, as last revised February 6, 2008 and specifications therefore (the "Plans") as more fully identified and described in Exhibit D, attached hereto and hereby made a part hereof- Any 1 1 material change in the flans shall be subject to approval by the Village Engineer prior to the performance of any work contemplated by such changes. 2. An estimate of the cost of the Work is attached hereto as Exhibit E. Upon the execution of this Agreement by Developer and prior to the Village's execution of this Agreement and prior to Developer's commencement of the Work, Developer shall deposit either (i) a cash deposit,. or (ii) a letter of credit in fora and substance acceptable to the Village, or (iii) performance and payment bonds in form and substance acceptable to the Village (collectively or individually "Security"). as further described in Paragraph 12 herein. The Security shall be equal to one hundred ten percent (110%) of the estimate of the cost of the Work and shall originally be in the total amount of One Hundred and Five Thousand One Hundred and Eight Dollars and 301100 ($105,108.30). 3. The contractors engaged by Developer to perform the Work are to be approved by the Village Engineer whose approval shall not be unreasonably withheld. 4. All work shall be subject to inspection by and the approval of the Village Engineer whose approval shall not be unreasonably withheld. The Village Engineer's approval thereof shall be a condition precedent to the pay out of funds to contractors or subcontractors. Prior to any payment, Developer shall obtain waivers of lien for the amounts to be paid to contractors and subcontractors. 5. With respect to soil or construction material testing, if applicable, it is agreed that a mutually acceptable testing firm or firms shall be selected by the Village Engineer from such firms designated by Developer, provided Developer shall give timely notice of such designation to the Village. Developer shall pay all expenses of such testing firm or firms. Said firm or firms shall provide verbal and/or written reports to the Village Engineer as requested by the Village Engineer. 6 The Village acknowledges that Developer has paid the Village a Plan Review fee of $ 2,010.44 and an Inspection Fee of $ 1,340.30 as required by the Village and based on the estimated cost set forth in Exhibit E. Payment of said fees satisfies a condition precedent to the commencement of any of the Work hereunder and to the issuance of any building permit for any construction on any specific lot within the real estate being subdivided. 7. Developer has engaged Ridgeline Consultants, LLC ("Project Engineer") to act as Project Engineer in connection with the performance of the Worn. A copy of the executed contract by and between the Developer and the Project Engineer with respect to the performance of such services is marked Exhibit F and is attached hereto and made a part hereof. Developer has engaged Ridgeline Consultants, LLC ("Project Surveyor") in connection with the performance of the necessary surveying Work,. A copy of the i executed contract by and between the Developer and the Project Surveyor with respect to the performance of such services is marked Exhibit F and is attached hereto and made a part hereof. & Prior to the commencement of any of the Work, Developer shall cause its contractors, Project Engineer and Project Surveyor to furnish the Village evidence of insurance, naming the Village as additional insured, that satisfies the requirements of Chapter 8 of Title 1 of the Village Code, including additional insured endorsements. Each insured shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Developer hereby agrees to defend, indemnify and hold harmless the Village, its officers, agents and employees, and each of them against all loss, cost, damage, claim, expense, demand or judgment for personal injury or property damage arising out of the performance of the Work by Developer, its contractors, agents and employees and its Project Engineer and Project Surveyor; provided, however, that nothing contained in this Paragraph 9 shall be deemed to obligate Developer to indemnify the Village, its officers, agents and employees from and against the negligent acts or omissions of the Village, its officers, agents and employees and the foregoing provisions shall not apply to any claim or demand or action instituted by the Developer against the Village based upon the alleged failure of the Village to perform any act or agreement that the Village is required to perform pursuant to this Agreement. 10 Developer shall cause the Work to progress in accordance with the schedule noted on the Plans and to be substantially completed as determined by the Village Engineer within three (3) years from the date of this Agreement. Additionally, the Village may require reasonable special precautions, temporary structures or other measures as prescribed within section 9-5-6.0 and 9-5-6.V of the Village Code. all at the Developer's expense. If the Work does not progress in accordance with the schedule noted on the Plans or is not substantially completed as determined by the Village Engineer within the time prescribed herein, the Village may provide written notice to Developer of the existence and nature of such default ("Default Notice"), If Developer fails to cure such default within the thirty (30) day period following the date of Developer's receipt of the Default Notice, the Village shall have the right, but not the obligation, to hire contractors, engineers or surveyors and enter the development site to complete or correct any unfinished or defective Work; provided, however, that the Village may. at its option, waive the right to so proceed if Developer is diligently proceeding to cure said default and said cure cannot reasonably be completed within said thirty (30) day period_ If the Village exercises its rights, the Developer shall indemnify the Village for any costs incurred attributable to concurrent activities of or conflicts between the 3 Developer's contractor and the Village's remedial contractor at the site. Also, if the Village exercises its rights, it shall have the right to proceed under the Security described in Paragraph 12 hereof, in accordance with its terms, for the purposes of (i) payment to contractors or subcontractors, engineers or surveyors who have completed work in accordance with this Agreement, (ii) payment to any new contractors or subcontractors, engineers or surveyors employed to complete or correct any unfinished or defective work in accordance with this Agreement, (iii) to reimburse the Village for any and all costs and expenses, including legal fees and administrative costs, incurred by the Village, and/or (iv) for any other purpose permitted under the Security or this Agreement or the Village Subdivision Regulations. Notwithstanding the thirty (30) day notice period, the Village may require reasonable special precautions, temporary structures or other measures immediately as prescribed within section 9-5-6.0 and 9-5-6.V of the Village Code, all at the Developer's expense. Prior to acceptance of the improvements by the President and Board of Trustees of the Village, Developer shall cause the Project Engineer to take the complete set of original mylar improvement plans or mylar copies (each shall be high quality reproducible mylar tracings) and correct them to show the Work as actually constructed and approved, and to create electronic files in an electronic format as specified by the Village depicting the corrected improvement drawings, and said Project Engineer shall turn them over to the Village, dated and stamped either "as-built" or "record" drawings, for the Village's property. Said tracings shall include the following: a. Dimensions from the two front lot corners to the water b-box, sanitary stub location; provided, however, that if the b-box or stubs are located along the side or rear lot line, dimensions shall be provided from the side lot corners or rear lot corners, respectively-, and b_ "As-built" rim and invert elevations of all sewer structures; and c. Storm water basin contours, or dimensions with cross-sections at no less than a 50 foot (50') interval with spot elevations at key locations, to verify that the basin was constructed in accordance with the plans, showing the approved construction drawing in half tone and record elevations in full tones; and d_ Spot elevations at each side and rear lot line at twenty-five (25") intervals starting from front lot corners and rear lot corners respectively. Prior to acceptance of the improvements by the Village, Developer shall also cause the Project Surveyor to ascertain and create a list of the elevation of the letters "MUE" on the bonnet flange of each fire hydrant. The elevations on the list shall be based on USGS datum as currently used in the Village as determined by the Village Engineer (the Village elevation datum must be used). The list shall be certified to and submitted to the Village. Prior to acceptance of the improvements by the Village, Developer shall also cause: A. Th e Project Engineer to file a certificate with the Village Engineer stating that all construction has been completed in accordance with the plans and specifications approved by the Village and meets the requirements set forth by the Village-, and B, Th e Project Surveyor to file a certificate with the Village Engineer stating that all requirements of subsection 14-6-3J of the Subdivision Regulations have been completed. Said certificates shall be in form and substance similar to Exhibit G. Prior to acceptance of the improvements by the Village, Developer shall also submit evidence of payment in full for all Work, including that the Developer deliver a sworn statement listing the names and addresses of all contractors, suppliers and professional services providers that have done work for this project. Upon completion of the Work as evidenced by delivery by Developer to the Village of said improvements and documents, and provided that the conditions of this Agreement are met, the Village President and Board of Trustees shall accept the Work, such acceptance to be evidenced by a letter to that effect dated and executed on behalf of the Village by the Village Engineer_ All of the improvements shall be private and shall be maintained by the homeowner's association as set forth in the Declaration of Covenants, Conditions, and Restrictions for Dana Park Resubdivision, and the amount of the Security shall be reduced to an amount equal to fifteen percent (15%) of the original estimated cost of the Work, which amount shall constitute security for the performance of the obligations of Developer as set forth in Paragraph 11 hereof, Developer and the Village acknowledge that the Flagg Creek Water Reclamation District, not the Village, approves, accepts and maintains the sanitary sewer and related improvements. 11.Developer, for a period of one year beyond final acceptance and approval of the Work by the President and Board of Trustees of the Village, shall be responsible for repairs and corrections to such improvements which may be required due to failures or because of or on account of faulty construction, The obligation of Developer hereunder shall be secured by the Security as further described in Paragraph 12 hereof in the amount equal to fifteen percent (15%) of the original estimated cost of the Work, as set forth in Paragraph 10 hereof, , If any defect in the Work shall become apparent at any time during the one (1) year following the date of acceptance of the Work, the Village shall notify Developer of the existence and nature of such defect ("Notice of Defect"). if Developer shall fail to correct such defect within thirty (30) days of Developer's receipt of the Notice of Defect, the Village shall have the right to request and receive from the Security so much of the proceeds thereof as may be necessary to enable the Village to cause all corrective action to be performed and paid for; provided, however, that the Village may waive the right to so proceed if Developer is diligently proceeding to cure said default and said cure cannot reasonably be completed within said thirty (30) day period. 12,The obligations of Developer hereunder as to the deposit of security for the completion of the Work (Paragraph 10 herein) and the one (1) year maintenance of the Work after approval and acceptance by the Village (Paragraph 11 herein) shall be satisfied by delivery to the Village of either (i) a Cash Deposit, or (ii) a Letter of Credit issued by a financial institution containing such provisions as may be necessary to conform to the terms of this Agreement and the Village's ordinances and in form and substance reasonably satisfactory to the Village, under which the Village shall be the beneficiary, or (iii) Performance and Payment Bonds issued by a financial institution containing such provisions as may be necessary to conform to the terms of this Agreement and the Village's ordinances and in form and substance satisfactory to the Village, under which the Village shall be an obligee, (collectively or individually "Security.'). The Security shall originally be in the amount specified in Paragraph 2 above. Upon acceptance of the Work by the Village, the amount of the Security shall be reduced to, or a replacement Security shall be deposited in, the amount specified in Paragraph 10 above. Developer agrees to have in full force and effect a valid letter of credit as required by the Village and this Agreement for the entire time period required by the Village's ordinances. In addition to the terms, covenants and conditions of the Security, the Village hereby agrees to proceed under the Security solely for the purpose of causing completion (as referred to in Paragraph 10 hereof) or repairs and corrections (as referred to in Paragraph 11 hereof) and payment for the Work, including but not limited to, payment for labor and materials supplied by contractors or subcontractors, engineers or surveyors, and to reimburse the Village for any and all costs and expenses, including legal fees and administrative costs, incurred by the Village, to or for the benefit of the Developer or Village as the case may be, under the provisions of this Agreement_ At or prior to the time the Village makes payment to contractors and subcontractors, engineers and surveyors, the Village will obtain waivers of lien from said contractors and subcontractors, engineers and surveyors for the amounts paid to them and the Village shall not make any payment to any , contractor or subcontractor unless the portion of the Work which the Village has caused to be performed or the defect which the Village has caused to be corrected has been accepted by the Village Engineer or his authorized agent and a certificate to that effect has been issued to the Village by the Village Engineer or his agent. The Village shall return the original or replacement Security minus any sums drawn thereon for construction, correction, maintenance, repairs and costs pursuant to Paragraphs 10 and 11 herein, to Developer on the date that is one (1) year after the date of the Village's acceptance of the Work, provided, however, that if the Developer deposits a replacement Security to secure the Developer's obligations pursuant to Paragraph 11 hereof, the Village shall return the original Security which secured the Developer's obligations pursuant to Paragraph 10 hereof, upon delivery of the replacement Security to the Village. 13.The Village further hereby agrees that to the extent that the Developer shall pay, or cause payments to be made to contr actors or subcontractors, engineers or surveyors, pursuant to the terms of this Agreement, during the course of construction of the Work, the outstanding liability of the issuer of the Security shall be reduced to approximate the outstanding and unpaid contract balance for the Work referred to in this Agreement subject to the approval of the Village; provided, however, that reductions in each major portion of the Work shall not be more than an amount equal to 85% of their portion of the Security and that the amount of the Security shall not be reduced below fifteen percent (15%) of the original amount until the Work is accepted, at which time the amount of the Security shall be reduced to fifteen (15%) of the estimated cost of the Work as provided in Paragraph 11. 14.Provided all applicable requirements of the Village with respect to building permit applications have otherwise been satisfied, building permits shall be granted by the Village in accordance with Village policy per Village Engineer memo dated August 11, 1993 attached hereto as Exhibit H, 15.The term "Developer" as used herein is intended to refer to the Developer and its successors and assigns. All provisions of this Agreement including the benefits and burdens thereof are binding upon and inure to the benefit of the Village and the Developer and their successors and assigns. 16-This Agreement and the obligations contained herein are in addition to, and not in limitation of, all other agreements between the parties hereto, including, without limitation, applicable agreements, easements, covenants and restrictions of record and those contained in the Resolution and the obligations contained therein. Additionally, Developer shall comply with all Village ordinances. 17.All notices to be given under this Agreement shall be in writing and either delivered personally or deposited in the United States mail certified mail postage prepaid addressed as follows: If to Village: With a copy to: Village of Oak Brook Village of Oak Brock 1240 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 64523 Oak Brook, Illinois 60523 Attention: Village Manager Attention_ Village Attorney If to Developer: With a copy to: Dana Park, L.L.C. John H. Brechin c/o Frank Drukas Law Offices of John H. Brechin 1220 Heatherton Drive 619 South Addison Road Naperville, IL 60563 Addison, Illinois 60101 Notices deposited in United States Mail postage prepaid as aforesaid shall be deemed delivered upon receipt or upon refusal of receipt. 18_If any portion of this Agreement is found to be unenforceable by a court of law, the balance of the Agreement shall remain in full force and effect. 19.The parties agree that this contract shall be governed by the laws of the State of Illinois. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed by its President and attested by its Clerk and the Developer has executed this Agreement, all as of the date above written. VILLAGE OF OAK B OK, DuPa nd Cook Counties, Illinois, an Illinois Municipal Carp to BY- 1 resident a ,, Atte S A Village Clerk ,mow r r. t7 •1�',ti M�,�;sue c;�� STATE OF ILLINOIS COUNTY OF DUPAGE ) �� i 1, the undersigned, a Notary Public in and for the said County, in the State of Illinois aforesaid, do hereby certify that _John Craig _iv personally known to me to be the Village President and Charlotte K. Pruss „ personally known to me to be the Village Clerk of the Village of Oak Brook and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally and acknowledged that as such Village President and Village Clerk, they signed, sealed, and delivered the said instrument and caused the seal of said Village of Oak Brook to be affixed thereto, as their free and voluntary act, and as the free and voluntary act and deed of the Village of Oak Brook. for the uses and purposes herein set forth. Given under my hand and seal this _ day of 240+9, �Lj�'1-GY Not a Public OFFICIAL SEAL KATHRYN E VONACHEN NOTARY PUSLIC.STATE OF ILLNOIS MY COINSSION E)MStM,1 DANA PARK, L.L.C. BY: Manacina Member. Dana Park, LLC By.. �resident, Frank Paul Development Corp. Fl?lwk- io• -Deow PREPARED BY: JOHN H. BRECHIN Law Offices of John H. Brechin 619 South Addison Road Addison, Illinois 60101 STATE OF ILLINOIS SS COUNTY OF DUPAGE 1, the undersigned, a Notary Public in and for said County in the State of Illinois, do hereby certify that Frank P. Drukas . personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that the signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and seal this day of 2008 -7a 1- -- -1--- Notary Public �FAL ----------- woll OF us= WCOMMUM IV" ----------- /0 EXHIBITS Exhibit A Legal Description of Real Estate to be Subdivided Exhibit B Dana Park Resubdivision and Plat of Vacation Exhibit C Resolution 2008-SD-FP-R-1009 Exhibit D Site Improvement Plans Exhibit E Estimate of Cost of Work Exhibit F Contract between Developer and Project Engineer/Surveyor Exhibit G Sample Project Engineer and Project Surveyor Certificates Exhibit H Village Engineer Memorandum dated August 11, 1993 rt EXHIBIT A Legal Description of Real Estate to be Subdivided I f Z I LOTS 1 THROUGH 4 IN DANA PARK SUBDIVISION, BEING A RESUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH; RANGE 11 EAST OF THIRD PRINCIPAL MERIDIAN. AS SHOWN ON PLAT RECORDED FEBRUARY 03, 2006 AS DOCUMENT NUMBER R2006-024939, IN DUPAGE COUNTY, ILLNOIS � 3 , EXHIBIT B Dana Park Resubdivision and Plat of Vacation Said Plat of Resubdivision has been duty filed with the Village of Oak Brook and is contained in their official records. TITLE: Dana Park Resubdivision and Plat of Vacation DATE Of PREPARATION, November 15, 2007 LAST REVISION DATE: March 5, 2008 PREPARED BY: Ridgeline Consultants, LLC RECORDED DATE: 4_i2.5 —01UDq RECORDED NUMBER: R goo C1-- D(00 `49 � II 1 � EXHIBIT C Resolution Resolution No, 2008-SD-FP-R-1009 passed approved on February 26th, 2008 f S RESOLUTION 2008-SD-FP-R-1009 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DANA PARK RESUBDIVISION AND CONFIRMING A WAIVER AND A VARIATION FROM THE PROVISIONS OF SECTION 14-6-3 OF TITLE 14("SUBDIVISION REGULATIONS")OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PRIVATE STREETS AND SIDEWALKS (3111, 3113 and 3115 Cara Lane) P.I.N. #06-33-103-039, 06-33-103-040, 06-33-103-041, 06-33-103-042 WHEREAS, on October 11, 2005, the President and Board of Trustees adopted Resolution 2005- SD-FP-V-R-927 entitled " A Resolution Approving The Final Plat Known As Dana Park Subdivision And Granting A Waiver And A Variation From The Provisions Of Section 14-6-3 Of Title 14 ("Subdivision Regulations") of the Village Code of the Village of Oak Brook Relative To Private Streets And Sidewalks"; and WHEREAS, at its meeting on January 21, 2008 the Plan Commission reviewed an application from Mr. Frank Drukas, the owner of 3.54 acres at 3111, 3113 and 3115 Cara Lane seeking approval of a six-lot subdivision for the property currently known as the Dana Park Subdivision, which contains three lots for new homes and one lot for the private street Cara Lane; and WHEREAS, by a vote of 7 to 0, the Plan Commission recommended approval of the request for a six-lot final plat of subdivision for the property; and WHEREAS, the property at 3111, 3113 and 3115 Cara Lane is legally described as follows: LOTS 1, 2, 3 AND 4 OF DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006 AS DOCUMENT NO. 2006-024939 IN DUPAGE COUNTY, ILLINOIS. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: The foregoing preambles are incorporated herein by reference as though fully set forth herein. " Section 2: That the Final Plat of Resubdivision known as Dana Park Resubdivision, prepared by Ridgeline Consultants, LLC, last revised December 27, 2007, is hereby approved, subject to the following conditions: 1. The Village reaffirms the waiver of the requirement to construct sidewalks contained in Section 14-6-3E (previously approved in the Dana Park Subdivision); 2. The Village reaffirms the variation to the requirement to allow private streets and the reduction of the private right-of-way width to 45 feet contained in Section 14-6-3 (previously approved in the Dana Park Subdivision); 3. The Village approves the vacation of certain detention and drainage and flood plain easements as previously approved in the Dana Park Subdivision; 1� Resolution 2008-SD-FP-R-1009 Approving FP of Resubdivision Dana Park,3111,3113,3115 Cara Ln. Page 2 of 2 4. The final plat and final engineering plans be revised and approved by the Village Engineer. Section 3: All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable, to the subdivision and development of said Dana Park Resubdivision, except as waived or varied by this resolution. Section 4: This resolution shall be in full force and effect from and after its passage, approval and publication as required by law. Section 5: All resolutions or parts thereof in conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict. APPROVED THIS 26th day of February, 2008. J. s' W. Craig /'f /vii.age President , PASSED THIS 26th day of February, 2008. Ayes: Trustees Carson, Kennedy, Manofsky. Saiyed and Wolin Nays: None Absent: Trustee Sanford ATTEST: ®F 0�k "� � Charlotte K. Pruss & N. a `' ' village Clerk `��'�y;.;�•t�: :yam /7 EXHIBIT Q Site Improvement Plans Said plans and specifications have been duly filed with the Village of Oak Brook and are contained in their official records. Said plans and specifications are identified as follows: A. Engineering Plans and Specifications 1. Title- Site Improvement Plans for Dana Park Resubdivision 2- Date of Preparation: November 8, 2007 3- Last Revision Date- August 14, 2008 4 Prepared by.- Rodgeline Consultants, LLC EXHIBIT E Estimate of the Cost of the Work I I l W� PREPARED 11t11lr07 REVISED 03,111,08 REVISED.04 07108 DANA PARK RESUODIYISION,OAK BROOK,ILLINOIS EWGI"EER'S ESTIMATE Eased on Site"npmvemeM Plans dated C2h06108 ITEM UNIT QUANTITY UNIT PRICE AMOUNT Storm Sewer r S DIA M*I rfpE A EA /* 2 $1.60000 $3.200 DO SAWCUT.AND REPOSITION EX.21'PIPE LF 27 330.00 $810:DO REPOSITION EX 311°PIPE LF 107 $30 DO $3,210.DO 3(r RCP LF 39 $4200 $1,63800 REPOSITION 30•FES EA t S30000 SW100 SUBTOTAL $9,158 DD Sardtary Severer LATERAL ASSEMBLY EA 2 $350-00 $700.00 1-Ito^MIJPESDR11SERVICELATERAL LF 1545 $1800 $29.M'D0 8'HOPE CASING LF 96 32000 S1,920 DO DIRF..C-NONAL BORIN, LF 96 550.DO S4,800 D0 CONNECT TO EX MANHOLE FA 1 S1.000 00 $1,00000 OFFS[TE RESTORATION LS 1 S2.W000 52.00000 PAVEMENT REMOVAL AND REPLACEMENT Sy 45 $40.00 $1,800.00 :SUBTOTAL $41.575 DO Waturmaln 1.1:2"CC,PPEP.WATER SERVICE%V B-BtDX-LONG EA 2 S1.6W DO $3,2C0 00 PAVEMENT REMOVAL&REPLACEMENT Sy 20 $40 DO 3806 00 SUBTOTAL. 54,000 00 Earthwork 4UT.-FIL.I..(INLCOINC TOPSOIL RF,SPREAD) CY 350 $5 m $1,750 DO SUBTOTAL $1,750 DO Ero*on Convol SILT FENCE LF 400 31,85 $740:DD Gf{d SEDIMENT TRAP IINLETFILTER) EA 9 $50 DO 3415000 �/7 V�r�og�.••'+ J HYDRO SEEDING AC 025 54.000 DO $1,00000 `GI$ M tlfl,_,. EROSION CONTROL B'LANKE'T 1A"r SLOPING AREA1 5F 42DO 30 441 $1,680.00 �" ;r•'t 1�` "� SUgTOTAA 53.87000 Mlscelianeous SEGMENTAL RETAINING WALL SF 1290 520.00 $24,00000 +-�" �1W-S RELOCATE E% TRANSFORMER PAD EA 1 $5.001300 $5,00000 SUBTOTAL 529,0[5000 GRAND TOTAL: 5$9,353.00 71M!of GRAND TOTAL: $98,288.30 COSTS DO N,,'1T INCLUDE 1 FEES S PERMITS 2.f'U9LC UTiLITIESINtiOF.,C.Ohi£D AhiER.ITEC1,CAd'_c ana VNDERGROUPiD MRiNGSI 3 HOUSE,'057 4.PP.O_rECT MANAGEMENT Page 1 of 1 J-08 NUMBER C6 54.001 RIDGELIKE CONSULTANTS.LLC Zo EXHIBIT F Contract between Developer and Project Engineer/Surveyor Z � -1EC WE E � 2-008 �a I F VIUAG 0-OAh HTOI1 ENCINHLR!M1 DE F;VMENT C C7 N S t.1 LTA M T 5 1661 Aucutt Road- Montgomery IL 60538 C.QN iUl TIN4 cNq\NLC Rid - lA*r6 EuR'MC YLiRi Tet;(630).801-7927• Fare:(63O 70,1,-r1385� .April 18, 2008 Mr. Frank Drukas Frank Paul Homes 1220 Heatherton Drive Naperville, IL 60563 Sttti YfSetlrF ON I ��x 'vlti iE�SC[ i1T PROPOSAL FOR E'CI\EERING AN SUREITNTSION' IN OAK BROOK,IL Dear Frank: kidgeline Consultants, LLC (RC) (Consultant) is pleased to submit its proposal to provide Engineering and Surveying services to Frank Paul Homes (Client)_ ServicCC an concerning Dana Park Re- Subdivision in Oak Brook, IL. The previous proposals dated 02116/09, 04/07/O8 will be overw-ritten and voided once the proposal herewith is executed. RC oilers to compleie the following Profe sional Services for the lump sum fees as detailed below: I Planning and Pe=rmitting Stage $1,450.00 \a. Finalization of Site Improvements Plans and Plat of Subdivi.sionlVacation addressing the review comments from the Village and Flagg Creek Water Reclamation District (FCV+RD) until approval. b. Coordination with attorney on the completion of Subdivision Improvement Agreement,(SIA) and Declaration of Covenants. Conditions, and Restrictions for Dana Park R.essubdivision. Furnishing various exhibits as required for above mentioned documents. c. Coordination with client,County Clerk,ComEd, NUT,Coinca%L °icor and FCWRD to have Plat of Subdivisiory Vacation executed prior to turning in to the Village_ d. It is our intention to avoid the necessity to contract tivith a G)Potechnical Engineer for the proposed grading change, which is considered minor. lImNever, we will still cix)rdinate with a Geutechnical Engineer if the Village insists. 2. Construction Stat'y S4.200.00 a_ Construction Inspection-Conduct periodic site visits during the construction stage to observe and report to the clie=nt the construction progress of the site improvement tasks as depicted on the approved Site Improvement flans, and to b�e: able to execute the project en ,incer certificate. If necessary, preparation. of redesigns,or supplementary sketches based on "2r field condition will be included under the service. Also included are the coordination and communication with Village and FCWRD regarding construction related issues. b. Constniction staking for all necessary construction tasks. c. Installing perrrranent monuments and markers at all lot corners as spe--cified on Plat of Subdivision. d. Cix)rdin.ation with Village on the field Change requests if rtCGeSSary. e. Record Drawing Generation- We will prepare the record drawings conforming to the items on "Consultants Check-list for Subdivision.SIA Items"as attached. f. Coordination with client to request the reduction of letter of credit g. Perform surveying services listed on the attached "Surveyor Checklist for Subdivision SIA Items". 3. Cirtdating LOMR-F with FEMA `2,000.00 Upon completion of construction,we will coordinate with Village and submit to FEMA in order to update LOMR-F for the lots that are impacted by the proposed grading. 7, 3 , EXCLUDED SURVICES: The following, items are specifically excluded from dw scope ofthis contract or are being provided by the CLIENT, If Line of the items are deemed necessary, they can be provided at an additional fee. 1. Soil lnvtstigations and reports,and soil boring locations and surveys; 2. Environmental Site As-esstnent �. Preparing and administering the request for,receipt of and compiling of bids andfor the lettering of contracts; 4. Any engineering or surveying sery°ices relating to the design or construction of vvells, storage,reservoirs,or structural designs requiring the services of a structural engineer. 5. Wetland mitigation/delineation and Riparian Reports. G. F.E..M.A Map Revisions(L.Q.1v1.1 CLOMR(LOMR-F) 7. Preparation of rough grade plans S, Proposed Improvements on Higgins Road such as pavement widening, sidewalk construction or etc. 9. Processing,documentation related to the potential zoning requests such as rezoning, special use permit request, variance,or PUD request. 10. Reimbursable ]tears such as in-house printings and Postage. 11. Preparation of flat cif Easernent, Plat of Subdivision or Consolidation The terms of the attached Rider are hereby incorporated and made a part of this proposal. if the above is acceptable, please have this proposal executed. We will begin work. as soon as we receive an executed copy.This proposal will be invalid if not accepted by December 31,2407. .].hank you again for the opportunity to submit this proposal, Lund should you have any questions or need. additional information.,phase do not hesitate to contact us. Very truly yours. Ridgeline Engineering, LI-C. ACCEPT'_. B )iun-Gua.ng Litt, PE, -1 Cate: Z4 3 RIDER CONTROLLING LAW This Agreement is to be governed by the lamer of the State of Illinois. The parties agree that any claims,disputes, actions or causes of action arising out of this Agreement or relating to the breach thereof shalt be brought before a court of proper jurisdiction in Kane County,Illinois,except that Ridgeline Consultants, LLC(RC) may bring an action to enforce any lien against ttie Properly in the county where the Project is located. CURE PEI311fZ-if during the Project term,Client observes or becomes aware of any improper service which has been provided by kC, Client agrees to immediately notify RC of the same. RC shall then have rive working days to cute.or begin to cure in a diligent manner,such Improper serAm before Client may exercise it rights under any default and remedy provision provided for in this Agreement. RVS RELIANCE ON INFORMATION PROVIDED-Client agrees to provide RC with all requested information needed for RC to perform its services. RC is ant-Mad to rely on the accuracy and completeness of any information furnished to RC by or on Client's behalf. PERMITS AND FEES-Unless the Agreement specifically provides otherwise,Client sti:all be responsible for obtaining and paying tut all applications and permits. RC does not warrant,represent or guarantee that any permits or approvals will be issued. PREVAILING PA,$TY-In the event of a dispute amongst the parties,the parties agree that the prevailing party to such a dispute shall be entitled to receive frown the other party all court costs and expenses,including reasonable attorneys'fees,which the prevailing party Incurred in such action ADOrnKMAL SEI"CES-Authorized extra or additional work not specifically included in the Scope of Services set forth in the foregoing proposal may be perfanned at the hourly rates set forth below or an agreed upon hump sum fee. CLIENT shall av4horize,all such extra or additional work before commencement of such extra work Line and grade stakes shall be set one time under the provisions of this Agreement. Client shat)notify RC that stakes shag be needed at least two(2)workingg days in advance. Additional Surveying or Ergiineering services wit be completed' by RC at the hourly rates shown herein, and will be completed only after receipt of a signed or venial authorization_ The RldWitio Consultants,LLC,Hourly Rater I Staff Member Rata, Field Survey Crew $125.00 Professional Engineer or Land Surveiror 5100.00 Office S50,00 PAYMENT-RC shall render invoices to the CLIENT from time to lane as services are provided to CLIENT on a percentage of completion basis plus reimbursable expenses. CLIENT shalt promptly review invoices and notify RC of any objection thereto; absent such objection in writing within twenty,(20)days after the date of the invoice,the invoice shalt be deemed proper and a=eptabie. Invoices shag be due and payable when rendered. In the event any Invoice is not paid within thirty(30)days after rendering of the invoice or within the time period per the Agreement,It shall commence bearing interest at it*rate of 1996 per annum and CLIENT agrees to pay all ac:rued interest,"ether with the charges for setvnces rendered, The RC,at its discretion,may suspend further performance until the default is cured and shag have the right to retain all documents and materials prepared by the RC. RC shall be entitled to recover all costs, including attorneys'fees incurred in enforcing any provision of this agreement AN payments thereafter received from Client wig be credited rest to interest and theta to pnneipaL In the evert of a disputed or contested billing.no portion of the payment due will be withheld until written notice of the dispute or contest is given to RC and thereafter only that portion so disputed or contested may be withheld from payment and the undisputed or uhcoitested portion will be paid. REIMBURSARtE EXPENSES-RC shay render invoices to CLIENT from time to time for all reimbursable items such as fees,permits,bond premiums,title company charges,special travel,delivery charges,long distance telephone calls,blueprints and reproductions and all other charges and expenses not specifically covered by taus agreerment.In the event reimbursable items are to be paid by RG,then such charges and expenses shalt be invoiced at direct cost plus 20%for handlirig. 0WIN RSHIF OF DOCUMENTS - All original sketches, drawings, computations. computer fiber, eiectro is media, survey notes, plans. Specifications. and other documents prepared by RC ace and shalt remain the property of the RC, notwithstanding the filing with a gowmmmeni agency. So long as CLIENT is not in default under this Agreement,CLENT shall have the right to use,copies of such materials in connection with its ProleCt btu CLIENT shall acquire no additional rights to any of such materials. These copies may be of a reproducible nature,but will not erdude the orlginat tracings or signatures. UNTATION OF LIABILITY - RC waTrants that services contemplated try this Agreement shat be rendered in accordance with good professional practices consistent with the standard of the industry where the Prood is located. Except as set forth above, RC makes no representation or warranty of any kind regarding the services to be rendered and specAcally disclaims any warranty of merchantability or fitness tot any particular pu?pose or thal any governmental entity having jurisdiction over the Project WIN approve or consent to the Project or the work performed by RC. CLIENT and persons claimiig through CLIENT agree to fiend the kability of the RC,Its agents,and enmployees, for as claims arming out of, to connedion with or resut6rvg from the performance of services under this Agreement to an amount in the aggregate of the amount of fees paid under this agreement CLIENT aariawtedges that the RC is a liridesd liabiltty company and agrees that any claim made by the CLIENT arising out of any act or omission of any director, orwr at errryAoyee of the RC, in the execution or performance of this Agreement.shall be made against the RC and not against such director.ofFrzef or eropioyee personally 4 2s CONSULTANT CHECKLIST FOR SUBDIVISION S.I.A. ITEMS Section 14-4-4.A.10. A fully executed copy of an agreement between the subdivider and the registered professional engineer representing the subdivider providing for the design, layout and inspection of the construction of all land improvements, hydrant benchmark listing, record drawing generation, and certification after completion. Construction staking Construction inspection Hydrant benchmark listing Record drawing generation, including but not limited to: Original mylar tracings or mylar copies (full set) of the improvement drawings corrected to show all actual as-built improvements, dated and stamped "As-Built" or"Record Drawings", given to Village Electronic files in an electronic format as specified by the Village depicting the corrected improvement drawings Above documents shall be in a form acceptable to the Village Engineer As-built locations of water mains and sanitary and storm sewers Water, sanitary, and storm service line dimensions from 2 lot corners As-built rims and inverts of all sanitary and storm sewers _ As-built detention facilities — contours, or dimensions with cross sections at no less than a 50 foot interval with spot elevations at key locations, to verify that the basin was constructed in accordance with the Plans,-showing the approved construction in half tone and record elevations in full tone Spot elevations on each side and rear lot line at 25' intervals Engineer's Certification after completion meeting Village Code requirements 3/23/04 r �G Checklist-Consultant Sub'd S1A.doc SURVEYOR CHECKLIST FOR SUBDIVISION S.I.A. ITEMS Section 14-4-4.A.11. A fully executed copy of an agreement between the subdivider and the registered land surveyor providing for the surveying services required within subsection 14-6-3J of this title. Construction staking ??? Monuments and Markers: Permanent monuments consisting of steel pipes or bars not less than three- quarters of an inch (3/4") in diameter and thirty six inches (36") long incased in concrete at least four inches (4") in diameter and thirty six inches (36") long shall be located at the four(4) extreme corners of the subdivision. Markers consisting of steel pipe or bars not less than three-quarters of an inch (3/4") in diameter and thirty inches (30") long shall be located as follows: At all points where lot lines intersect street right of way lines. At all angles in the lot property lines and at the beginning and end of all curves in the property lines. At all other lot corners. In the case of a private street without a dedicated right of way, at all points where lot lines intersect street easement lines or an offset from street easement lines of a dimension approved by the village engineer and specified on the final plat. Monuments and markers should be provided by the subdivider and so placed that the center point should coincide with the intersection of lines to be marked and the top level with the surface of the surrounding ground after final grading. 3/23/04 Z7 Checklist-Surveyor Sub'd SIA.doc Exhibit G Sample Project Engineer Certificate Project Engineer for the Subdivision hereby certify that, to the best of my knowledge, all construction has been completed in accordance with the plans and specifications approved by the Village of Oak Brook and meets the requirements set forth by the Village. Given under my hand and seal at Illinois this day of 20_ (Seal) Sample Project Surveyor Certificate I, , Project Surveyor for the Subdivision hereby certify that, to the best of my knowledge, all requirements of section 14-6-3J of the Village of Oak Brook Subdivision Regulations have been completed. Given under my hand and seal at Illinois this day of 20_ (Seal) Z� Sample SIA.doc OF p� 9 O _ O ' 'FCOUN�``yy VILLAGE OF OAK BROOK 1 .200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521-2255 August 11, 1993 708 990.;010 NtEM TO: Robert Nielsen, Building Commissioner Dale L. Durfey, Jr. . P.F. . Village Engineer v 1BJECT: Policy regarding when building permits can be approved for a lot in an uncompleted subdivision This memo supersedes my memo of November 27, 1990 on this subject and establishes the minimum requirements for issuance of a building permit for a lot in an uncompleted subdivision or unit. The following is required: 1 . Water Main Extension - The water main must be installed, pressure tested. chlorinated and an IEPA Operating Permit must be received by the Village. A b-box(es) must be provided. 2. Storm Sewer - The storm sewer must be installed with a service stub provided. 3. Sanitary Sewer - The sanitary sewer must he installed and then tested and accepted by the Hinsdale Sanitary District or the Downers Grove Sanitary District. A service stub must be provided. 4. Pavement - A serviceable roadway must be in place. (At least 12" stone. 24' wide). , 5. Stormwater Detention Facilities - All basins must be constructed with orifices/storm sewers in place and must be operational. The erosion control measures must. be in place: permanent erosion control measures are recommended, but temporary erosion control measures will be accepted. 6. As-builts - A subdivision "as-built" utility plan must be submitted to the Village. The plan must include dimensions from lot corners to the b-box and storm and sanitary service stubs. These dimensions must he certified as correct by the P.E. overseeing the project. This information must be, at a minimum. for the lot for which a building permit is sought. If the entire subdivision or emit hasn' t been completed. any lot can receive a building permit if the above requirements are Met for that lot. Resp ct ul v submitted. Dale L. Durfey, Jr.. P.E. . DI.D/etk Village Engineer cc: Richard Vaiciulis. Engineering Department c FRED BUCHOLZ DUPAGE COUNTY RECORDER APR.23,2009 4:01 PM OTHER 06-33-103—039 044 PAGES R2009- 060483 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESUBDIVISION Property Address/es 3111, 3113 AND 3115 CARA LANE (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin/s Number 06-33-103-039, 06-33-103-040 06-33-103-041, 06-33-103-042 Name & Address of Applicant: FRANK DRUKAS 1220 HEATHERTON DRIVE NAPERVILLE IL 60563 Name &Address of Responsible DANA PARK, LLC-FRANK DRUKAS Party to Receive Copy of 1220 HEATHERTON DRIVE Recorded Document and Billing: NAPERVILLE, IL 60563 G/L Account#to be Charged: 10-1365 Prepared By: Village of Oak Brook Return T Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account# to be Charged: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DANA PARK RFS BDIVISION This DECLARATION is made this Y7'�day of A10Y NW y40Y .-...., ._, 2008, by DANA PARK L.L.C., an Illinois corporation (hereinafter collectively referred to as "Declarant'T.. l WITNESSETH, WHEREAS, DANA PARK L.L.C., is the title holder of that certain real Property ("Subject Property") comprised of approximately 3.54 acres, situated in the Village of Oak Brook, DuPage County, Illinois, which is legally described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the Subject Property consists of residential lots to be conveyed to individuals some of whom will be purchasing residential units constructed thereon; and WHEREAS, Declarant intends to grant certain water detention easements and convey Common Area on Subject Property to an Illinois not-for-profit corporation known as DANA PARK HOMEOWNERS ASSOCIATION (hereinafter referred to as "Association"); and WHEREAS, Declarant intends to subject the Subject Property to the covenants, conditions and restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Association; and WHEREAS. Declarant has deemed it desirable for the efficient preservation of the values and amenities of the subject development to create the Association for the , purpose of maintaining the Common Area and any improvements thereon, and for administering and enforcing the covenants, conditions and restrictions, and for collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has caused Dana Park Subdivision to be resubdivided as Dana Park Resubdivision; and WHEREAS, Dana Park Subdivision consisted of 3 buildable lots while Dana Park Resubdivision (which replaces and supercedes Dana Park Subdivision) consists of 5 buildable lots: NOW, THEREFORE, Declarant hereby declares that the Subject Property shall be held, sold and conveyed subject to the following covenants, conditions, restrictions, easements, charges and liens which are for the purpose of protecting the value and desirability of, and which shall run with the Property submitted thereto and be binding on and inure to the benefit of all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns. 1 i)EC"LARATION OF COVENANTS, CONDITIONS, AND RESTRICTiONS FOR DANA PARK RESUBDIVISION ARTICLE I - Definitions Section 1: "Association" shall mean and refer to DANA PARK HOMEOWNERS ASSOCIATION, a not-for-profit corporation under the General Not- For-Profit Corporation act of the State of Illinois, its successors and assigns. Said Corporation shall be the governing body for all of the Owners with respect to the administration, maintenance, repair and replacement of the portions of the Property as provided by this Declaration and the By-Laws; and said corporation shall be the legal representative for all matters and claims relating directly or indirectly to the Common Area or matter of common interest to all Owners. A copy of the By-Laws of the Association is attached hereto and made a part hereof as Exhibit "B" and by reference incorporated herein as if fully set forth. Each Owner shall automatically become and be a member of the Association so long as he continues as an Owner. Upon the termination of the interest of an Owner, his membership shall thereupon automatically terminate and transfer and inure to the new Owner succeeding him in interest. Section 2: "Common Area" shall mean all real Property and improvements, located within the Lot 6 of the Dana Park, Resubdivision Plat recorded as Document No. Raoo�I — C9,Co0 4r7 G! , the legal title of which is owned or hereinafter will be vested in the Association. Section 3: "Common Facilities" shall mean and refer to all buildings, improvements and fixtures situated on or in the Common Area and owned by the Association, all personal Property owned by the Association and all storm sewers, the detention facility and floodplain including vegetation therein, street trees, the fence along the west side of the Property and all gateway improvements constructed by Resubdivision. Section 4: "Declarant" shall mean and refer to DANA PARK L.L.C., its successors and assigns who are designated as such in writing by Declarant and who consent in writing to assume the duties and obligations connected therewith, Section 5: "Declaration" shall mean this instrument together with those exhibits which are attached hereto and made a part hereof and shall include such amendments, if any, to the terms hereof. The within Declaration may be referred to in any other document as DANA PARK HOMEOWNERS ASSOCIATION, Declaration of Covenants, Conditions and Restrictions. DECLARATION OF COVENANTS,CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESUI31)lVISION Section, "Lot" shall mean and refer to the plots of land so shown and designated upon the recorded subdivision plat of the Subject Property, entitled Dana Park Resubdivision with the exception of the Common Area. Section 7: "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Subject Property, including contract Sellers. Declarant shall, so long as it owns lots, be an Owner. Section 8: "Property" shall mean and refer to the Subject Property. Section 99: "Village" shall mean and refer to the Village of Oak Brook. Illinois. ARTICLE II - Property Rights Section 1: Owner's Easement of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area and a right and easement of ingress and egress to and from said Common Area and such easements shall be appurtenant to and shall pass with title to every assessed Lot, subject to the following provisions: a) The right of the Association to establish and publish rules and regulations governing the use and enjoyment of the Common Area and/or other facilities affecting the welfare of the Association Members. b) The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Area and facilities,. and, in aid thereof, to mortgage said properties. c) The right of the Association to suspend the voting rights and the rights to the use of the Common Area of an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. d) The right of the Association, in accordance with its Articles and By-Laws, to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Owners: Such dedication or transfer shall not be effective unless an instrument signed by the Owners entitled to cast three-fifths (315) of the votes has been recorded agreeing to such dedication or transfer. DECLARATION OF COVENANTS,CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESUBDI VISION e) The duly designated officials and employees of the Village of Oak Brook and of other governmental bodies having jurisdiction over the Property and the Common Area for the purposes of enforcing the applicable ordinances, rules and regulations of the said Village and governmental bodies, and to correct or eliminate nuisances or violations resulting from the failure to exercise maintenance responsibilities by either an owner or the Association. All easements herein described are easements appurtenant to, and running with the land; they shall at all times inure to the benefit of and be binding upon the undersigned, all of its grantees, and their respective heirs, successors, personal representatives and assigns, perpetually and in full force. Reference in any deed, mortgage, trust deed or any other recorded documents to the easements, restrictions and covenants herein described shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees, or trustees of said parcels as fully and completely as if those easements, restrictions and covenants were fully related and set forth in their entirety in said documents. Section 2: Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Area to the members of his family or contract purchasers who reside on his Property, and their respective guests and invitees. Section 1 Title to the Common Area. The Declarant hereby covenants, for itself, its successors and assigns, that it will convey to the Association fee simple title to the Common Area which are located on the Subject Property and are described more particularly in the Article I Section 4 of this Declaration, subject to covenants. conditions, and restrictions of record, public zoning laws, current real estate taxes, if any, which shall be prorated among the parties, public utility easements granted or to be granted and any other necessary utilities. When additions to the Common Area are made by reason of additional real estate coming under this Declaration, such additional Common Area shall be conveyed to the Association, in fee simple title. Said fee simple title shall be free of all encumbrances and liens other than those described above. Title to the Common Area shall be conveyed to the Association upon sale and conveyance by Declarant of the last lot in Subject Property or ten years after the first lot is sold and conveyed by Declarant, whichever occurs first. The Declarant shall maintain the Common Area and Common Facilities including but not limited to all improvements in Lot 6 as well as fencing, trees and storm sewer located in the Water Detention Easement, until such time as title to the Common Area is conveyed to the Association. 4 DECLARATION OF COVEN ANTS,CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESUBDIVISION Section 4: Easement to Village. A non-exclusive easement is hereby granted to the Village for ingress and egress across, over, and upon the private road located in Lot 6 for its use by police, fire, ambulance and other emergency vehicles and any of its officials and employees. ARTICLE III - Membership and Voting Rights Section 1.: Membership. Every Owner of any Lot which is subject to assessment, in whole or in part, shall automatically be a member of the Association and shall remain such so long as he remains an Owner of a Lot subject hereto; Declarant shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot which is subject to assessment. Section 2: Voting Rights_ Members shall all be Owners and shall be entitled to one vote for each Lot Owned. When more than one person hold an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. ARTICLE IV -Covenants for Maintenance Assessments Section_1: Creation of the Lien and Personal Obligation for Assessments. Each Owner of a Lot (except as otherwise specifically provided by the provisions of Article IV, Section 7 hereof), by acceptance of a deed therefore or otherwise, whether or not it shall be so expressed in any such deed or other conveyance, hereby covenants and agrees and shall be deemed to covenant and agree to pay to the Association for each Lot owned (or to a management company or other collection agency designated by the Association): (1) annual assessments or charges, to be paid due on the first day of January each year, beginning July 1, 2008 or in such other installments as the Board of Directors of the Association shall elect and (2) special assessments for any purpose including for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The assessments thus collected by the Association shall constitute the maintenance fund of the Association. The annual and special assessments, together with such interest thereon and costs of collection thereof, including, but not limited to reasonable attorneys' fees as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon each Lot against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof including but not limited to reasonable attorneys' DECLARATIONNOF COVENANTS,CONDYnONS, AND RESTRIC TIONS FOR DANA PARK RESUBDIVISION fees as hereinafter provided, shall also be the continuing personal obligation of the person who was the Owner of such Lot at the time when the said assessment fell due. Section 2, Purpose of Assessments. Each Owner shall pay to the Association assessments representing his proportionate share of the expenses of maintenance for the purpose of maintenance, replacement, administration and operations of the Common Area and Common Facilities. Said expenses hereinabove referred to shall be known as "Common Expenses". The assessments levied by the Association shall be used to pay Common Expenses. Assessments shall be used exclusively to promote the recreation, health, safety, morals and welfare of the residents on the Property and for the improvement, repair, upkeep, taxes on and maintenance of the Common Area and Common Facilities all of which are within the purposes of the Association as provided by this Declaration. The assessment may also be utilized by the Association to provide lawn maintenance, snow removal and irrigation sprinkler maintenance on all Lots. To the extent. if at all, that any assessments for any fiscal year are not expended by the Association, any such savings shall be applied by the Association in reduction of its budget and the annual assessments to the Owner for the following year, except with respect to amounts held by the Association as reserves which shall be deemed to be held by the Association in trust for the members for the uses and purposes for which such reserves have been established. Any interest of any Owner in and to such reserve funds shall be deemed appurtenant to such Owner's membership and shall automatically transfer and inure to such Owner's successor in interest. Section 3- Computation of Assessments. Payments of assessments shall be in such amounts and at such times as provided below. (a) That until such time as the Common Area is conveyed to the Association maximum monthly installments shall be as follows: 1) Upon conveyance by Declarant to Owner, the yearly assessments as described in Exhibit "E" shall be $6,500 per year for each such lot conveyed. 2) That until such time as the Common Area is conveyed to the Association, the annual installments shall be paid to the Declarant or its beneficiaries or agents. 3) Until such time as the Board of Directors for the Homeowners Association is elected, the Declarant, through its beneficiaries and/or its agents, shall have the right and after such election then the Board 6 DECLARATION OF C OVENA,..s'rs. C'ONDITiONS, AND RFSTRIC'TIONS FOR DANA PARK RESUBDIVISION of Directors shall have the right to enter into Contracts for such periods of time and upon such reasonable terms as Declarant (its beneficiaries andfor agents) or the Board of Directors, as the case may be, shall determine to provide the Homeowners Association and/or the Homeowners with all necessary or convenient services, including, but not limited to landscaping, and common area maintenance. Declarant, its beneficiaries and/or its agents shall not be liable to the members or the Association or others for any mistake of judgment or for any acts or omissions made in good faith while exercising the powers herein granted, All Owners shall indemnify and hold harmless the Declarant, its beneficiaries and/or its agents against all contractual liabilities to the others arising out of any contract made by Declarant, its beneficiaries, and/or its agents unless any such contract was made in bad faith. (b) Within thirty (30) days after the Common Area has been conveyed to the Association, the Board of Directors shall estimate the total amount necessary to pay the cost of taxes, wages, materials, insurance, services and supplies, relating to maintenance of the Common Area and Common Facilities, and such other items as provided for herein and in the By-Laws of the Association, which will be required during the ensuing calendar year for the rendering of all services, together with a reasonable amount necessary for a reserve for contingencies and replacements, and shall on or before December 151 of each year, notify each Owner in writing as to the amount of such estimate, with reasonable itemization thereof. Such annual budget shall also take into account any estimated net available cash income for the year from the operation or use of the Common Area. All obligations of the Owners hereunder, including, but not limited to the Common Expenses, for assessments, special assessments or other levies by the Association pursuant to this Declaration or the By-Laws of the Association, shall be determined by multiplying the amount of such assessment, special assessment or levy by a fraction, the numerator of which is the number of Lots owned by the Owner, and the denominator of which is the number of Lots subjected from time to time to the terms and conditions of this Declaration subject, however, to the provisions of Article IV, Section 7 hereof. On or before January 1, of the ensuing year, each Owner shall be obligated to pay the Board of Directors or as it may direct, one-twelfth (1/12) of the assessment made pursuant to this paragraph On or before the date of the annual meeting of each calendar year, the Board of Directors shall supply all Owner with an itemized accounting of the maintenance expenses for the proceeding calendar year actually incurred and paid, together with a tabulation of the amounts collected pursuant to the estimates provided, and 7 DE+C:i...ARATT()N OF COVENANTS, CONDITIONS, AND RES'IRU7.1 ONS FOR DANA PARK. RESUBDIVISION showing the net amount over or under the actual expenditures plus reserves shall be credited equally to each Owner by applying any such excess, as the Board of Directors sees fit, to expenses and/or reserves for the subsequent year_ c) If said cash requirement proves inadequate, for any reason, to defray the operating expenses, or Common Expenses and costs during any given year, then the Board of Directors shall be authorized to adopt a supplemental budget or budgets and shall adjust the assessments accordingly_ The Board of Directors shall service notice of such further or adjusted assessment on all Owners by a statement in writing giving the amount and reasons therefore, and such further or adjusted assessment shall become effective with the next monthly maintenance payment which is due more than thirty (30) days after the delivery or mailing of such notice. Any increase in the annual assessment in excess of twenty percent (20%) of the approved assessment must be approved by three-fifths (3/5) of the members voting either in person or by proxy at a meeting duty called for such purposes. d) In addition to the annual assessment authorized above, the Association may levy, in any assessment year, special assessments applicable to that year only for the purpose of defraying, in whole or in part, the cost of any taxes, construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or Common Facilities, including fixtures and personal Property related thereto, provided that any such assessments in excess of a. total of five thousand ($5.000.00) dollars in any assessment year shall have the assent of three-fifths (315) of the votes of the persons who are voting either in person or by proxy at a meeting duty called for the purposes_ Any such assessment shall be levied equally per Lot against each Owner. e) The Board of Directors shall establish and maintain reasonable reserves for contingencies and replacements as it shall deem necessary, and any extraordinary expenditures not charged against such reserve in the year of such expenditure_ If such reserves are depleted or, in the opinion of the Board of Directors, significantly reduce, then any supplemental Budget, or the next regular estimated cash requirements, shall provide for the re- establishment of such reserves as the Board shall deem reasonably appropriate. All initial Purchasers from Declarant shall at the time of closing be assessed for six (6) months of assessments which sum shall be set aside in the reserve fund. f) The failure or delay of the Board of Directors to prepare or serve the annual or adjusted estimate or the itemized accounting or other document on the Owner shall not constitute a waiver or release in any manner of such Owner's 8 DE( I,AiiATION OF COVENANTS,CONDITIONS, A.ND RESTRICTIONS FOR DANA PARK RE.SUBDIVISION obligation to pay the maintenance costs, necessary reserves or adjusted assessments, as herein provided, whenever the same shall be determined, and in the absence of any annual estimate or adjusted estimate, the Owner shall continue to pay the monthly charge at the then existing monthly rate established for the previous period until notice of the monthly maintenance payment which is due more than thirty (30) days after such new annual or adjusted estimate shall have been mailed or delivered. g) The Board of Directors shall keep full and correct books of account in chronological order of the receipts and expenditures affecting the Subject Property, specifying the itemizing the maintenance and repair expenses of the Subject Property and any other expenses incurred. Such records shall be available for inspection by any Owner or first mortgagee of record, at such reasonable time or times during normal business hours as may be requested by the Owner or mortagee. h) No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or Common Facilities or abandonment of his Lot. Except as otherwise provided elsewhere herein, an Owner on the first day of February shall personally be liable for the annual assessment payable each year, and the Owner as of the date of any levy of a special assessment shall be personally liable for such assessment. Section 4: Date of Commencement of Annual Assessments Due Dates. The annual assessments provided for herein shall commence for all Lots on the first day of January, beginning July 1, 2088 and on January 15` of each year thereafter following the conveyance of the Common Area therein to the Association. The first annual assessment, as determined by the Association, shall be adjusted, per Lot, according to the number of months remaining in the calendar year after the date of such conveyance. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 5: Effect of Nonpayment of Assessments; Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at an annual rate equal to the lesser of the maximum allowed by law and eight percent (8), and the Association may proceed in equity to foreclose the assessment lien (which foreclosure shall follow mortgage proceedings then in force and effect and selected by the Association) and/or bring an action at law against the Owners of the Lot and interest costs and reasonable attorney's 9 DECLARATION. OF COVENANTS, CONDITIONS, AN RFSTRICTIONS FOR DANA PARK RESt RDI VISION fees of any such action(s) shall be added to that amount of such assessment and judgment. Section 6: Subordination of the Lien to Mortgage. The lien of the assessment provided for herein shall be subordinate to the lien of any bona fide first mortgage (or equivalent security interest) on a Lot recorded prior to the date upon which such assessment became due and a decree of foreclosure under such mortgage or any proceeding or conveyance in lieu of foreclosure thereof, shall not extinguish the lien of all such assessments thereof, which become due prior to such sale or transfer, No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 7- Exempt and Partially Exempt Property_ All properties dedicated to and accepted by a local public authority and the Common Area shall be exempt from the assessments created herein. ARTICLE V - Architectural Review No dwelling house or accessory building shall be erected on any Lot and no exterior alteration shall be made to any dwelling, until and unless the plans and specifications for the same showing the nature, shape, size, architectural design, material location, approximate cost and proposed landscaping hereof. shall have been first submitted to and approved in writing by the Architectural Review Committee consisting three members of the Association. Plan submittal shall be in two stages. Preliminary plans indicating exterior designs, plan arrangements and room sizes shall be submitted initially. Following approval of preliminary plans, construction working drawings and specifications shall be submitted for final approval. The reviewing committee shall have ten (1 D) days from the date of the transmittal of architectural plans to either approve or disapprove of the same. Failure to act upon said plans within said ten (10) day period shall be equivalent to approval thereof. ARTICLE VI - Exterior Maintenance The Association shall maintain and keep in repair the Common Area and Common Facilities, including all improvements located therein or in the Water Detention Easement, and the costs thereof shall be part of the Common Expenses. In addition thereto, the Association shall plant, maintain, repair and replace, as necessary, landscaping including trees, berms, fencing, storm sewer and other improvements in the Common Area and Common Facilities. 10 IMC'LARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DANA PART{ RESUBDIVISION To the extent, if at all, that any Owner shall fail to perform the maintenance of its own Lot whether vacant or improved,-which is required by the foregoing, at reasonable times and in a reasonable manner, the Association may, but shall not be required to, perform such maintenance or repair and, in such event, the cost thereof shall be added to such Owner's annual assessment and such amount shall be immediately due and payable and the Association shall have such rights and remedies with respect to the collection of the same as are herein provided with respect to annual assessments. ARTICLE VII - External Control Section 1: Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Section 2: Development Activity. Notwithstanding any other provision herein, any Owner, including the Declarant. shall be entitled to conduct on the Property all activities normally associated with and convenient to the development of the Property and the construction and sale of single-family units on the Property. Section 3_ Temporary Structure. No structure of a temporary character, including, without limiting the generality thereof, trailer, tent, shack, garage, barn, or other outbuilding, shall be used on any Lot at any time as a residence either temporarily or permanently. Section 4: Signs. No advertising sign or billboards of any kind shall be displayed to the public view on any Lot, except "for sale" signs, or signs used by a builder to advertise the Property during the construction period, which sign shall be in compliance with the applicable ordinance of the Village of Oak Brook_ Section 5, Campers and Recreational Vehicles. No campers, commercial vans, pick-up trucks, recreational vehicles and other types of non-passenger or other commercial vehicles and accessories (including but not limited to boats and trailers, etc.) may be kept on any Lot unless the same are fully enclosed within the garage located on such Lot. Section 6: Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose_ That dogs and cats shall not be allowed to run free through the subdivision and must be exercised on a leash. That dogs and cats, when outside without their Owners, must be confined to the rear yard. ll DECLARATION OF COVENANTS,CONDITIONS, AND RESTRICTIONS FOR DANA PARK RE`+UBDI ISION Section 7: Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish, Trash, garbage or other waste shalt not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition_ Garbage when placed outside for pickup must be in containers with a cover or in tied plastic bags_ Section 8: Sight Distance at Intersections_ No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street Property lines and a line connecting them to points 25 feet from the intersection of the street lines, or in the case of a rounded Property corner from the intersection of the street Property lines extended. The same sight line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sign lines. Section 9: Driveways, All Driveways and surface walks must have a permanent hard surface. Concrete, asphalt or brick are acceptable, Gravel driveways are not permitted. Driveways must be fully completed within six (6) months from the start of construction (weather permitting). Section 10: Manufacturing. No part of the Property, or any Lot, and no building erected or maintained on any part of the Property shall be used for non-residential purposes. Section 11: Building Standards. No dwelling shall be erected or maintained on said Property unless the gross interior living space of the dwelling (excluding those portions of the dwelling below finish grade elevation, garages, balconies, sun roofs or porches) meets the following minimum area requirerents: 4000 square feet Section 12: Detached Buildings. No detached accessory buildings, including, but not limited to, detached garages and storage buildings, shall be erected, placed or constructed upon any Lot, provided that this Section shall not apply to enclosures for the purpose of operation of a pool, which may be located only in the rear yard, subject to the Village of Oak Brook's applicable yard requirements and subject to approval by the Architectural Review Committee as established in this Declaration. Section 13: Landscaping. For each Lot upon which such dwelling is erected, the landscaping plan and any estimate of the established pursuant to Article V of this Declaration shall be submitted to and reviewed by the Architectural Review Committee in accordance with the procedures set forth in Article V hereof. The estimate of costs of 1 . DECLARATION OF C'OV NAN 1-4, CONII)I 1 !tON'S. AND RESTRICTIONS FOR DANA PARK RESURDIVISIO any such landscaping shall be based on the written estimate of a landscaping contractor or, if the Owner decides to personally perform any of the work as part of said landscaping; plan, said estimate shall then be based upon the certified statement of a qualified landscape architect as to the value of the said landscaping improvements upon completion. In any event, said landscaping shall be completed by the Purchaser within a period of the first growing season subsequent to the occupancy of said dwelling. Notwithstanding anything herein to the contrary, the Owners of vacant or improved lots are obligated to maintain said lots in a neat and clean manner. To the extent, that any Owner shall fail to perform the maintenance of his own lot(s) at reasonable terms and in a reasonable manner, the Association may, but shall not be required to perform such maintenance, repair or upkeep and in such event, the cost thereof shall be added to such Owners annual assessments and such amount shall be immediately due and payable and the Association shall have such rights and remedies with respect to the collection of the same as are herein provided with respect to annual assessments_ Section 14: Utilities. All electric service, telephone service and other utilities shall be supplied by underground service and no poles shall be permitted. Section 15. Garages. All houses shall have attached garages, which garages shall be a minimum size of two cars to accommodate standard size automobiles. Section 16: Construction Materials. All residences shall be constructed with 25% face brick, stone, and/or marble. Said area shall be calculated by excluding all doors and windows on the exterior of the building. Roofing materials shall be limited to architectural asphalt shingles, wood shingles, slate shingles or file shingles. Section 17: Tennis Courts and Swimming Pools. Such structures will require a building permit from the Village of Oak Brook and approval from the Architectural Review Committee as referenced in Article V. Section 18: Miscellaneous Controls. (a) Air conditioning condensers and other mechanical equipment are not permitted in the front yard. (b) Flagpoles are prohibited. (c) Exterior television and radio antennas are prohibited. Section 19: Monotony Restrictions. No two houses of like exterior design may be constructed in this subdivision. All buildings shall be considered to be of"like exterior design" unless they have substantially different elevations and have a 1+ DECLARATION OF COVENANTS, CONDITIONS, AND RESTRIC"TIONS FOR DANA PAR K RESUBDIVISI(:)?ti substantially different exterior appearance (substantially different shall mean that there exists at least four different elements-of the elevations and exterior design). Section 20: Colors. All houses shall be neutral colors so as to be inconspicuous. Section 21: Fences. Fencing may be allowed with a maximum height of 42 inches. Fencing is prohibited in front and corner side yards. All fencing shall be in accordance with the Village of Oak Brook's Zoning Ordinance and shall be subject to approval by the Architectural Review Committee as established in this Declaration. Section 22: Village Ordinances. The Village has or may have ordinances, codes and regulations governing signs, fences, swimming pools, parking of vehicles, tennis courts, animals and other matters. The requirements of the Village are in addition to those of this Declaration and in the event of a conflict between the terms and provisions of this Declaration and/or the requirements of the Village, the provisions of such Village ordinances, codes or regulations shall prevail„ ARTICLE Vlll - Easements The Common Area may be subject to utility easements in favor of any applicable governmental agency and/or public utility company for sewer, water, gas, electricity, telephone and any other necessary utilities. If such utilities are not installed or easements not described for same prior to conveyance of the Common Area, the Association may grant same later, ARTICLE IX - Drainage and Detention Section 1: Easements for Detention Facilities- There is hereby created and reserved to Declarant and Dana Park Homeowners Association over, under, upon and across the area noted as "Detention Easement" on the Resubdivision Plat, recorded as Document Number R.Ivoq— 010.473 a perpetual nonexclusive easement for the purpose of constructing, operating and maintaining detention facilities as detailed within the engineering improvement plans approved by the Village ("Improvement Plans"), a copy of which is attached hereto, labeled Exhibit C, and made a part hereof. No use of i the Detention Easement areas will be made or permitted which obstructs, hinders, or lessens either the storage capacity of the detention facilities or the flow of storm water into, out of, or through any of the said areas. 14 DFC'I.ARA'T ION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESI?BDIVISION Section 2: On-Site Stormwater Facilities. Declarant shall perform all maintenance (defined as the selective removal of woody material and accumulated debris from, or repairs to, a stormwater facility so that such facility will perform the function for which it was designed and constructed) of all on-site stormwater facilities (defined as ditches, channels, conduits, bridges, culverts, levees, ponds, natural and man-made impoundments (including detention facilities), wetlands, tiles, swaies, sewers, or other natural or artificial structures or measures which serve as a means of draining surface and subsurface water from land) constructed pursuant to the Improvement Plans. However., Declarant acknowledges and agrees that the Village shall have the right, but not the obligation, to enter onto the Property to perform such maintenance on such stormwater facilities in the event the Declarant shall fail to do so within thirty (30) calendar days following notice in writing"to Declarant from the Village of the need for any such maintenance. Should the Declarant fail to perform such maintenance within the selected time, the Village shall have the right to make reasonable entry onto the Property for the purpose of performing such maintenance on such stormwater facilities, provided, however, that (a) in no case shall such entry be made without first giving notice, or reasonably attempting to give notice, to the occupants of the Property prior to entry, (b) except for emergencies, such entry shall be made only during reasonable business hours, and (c) such right of entry shall in no instance extend to any buildings located on the Subject Property. If the Village shall provide such maintenance, it shall have the right to be reimbursed within thirty (30) calendar days of billing for all reasonable out-of-pocket costs and expenses incurred in connection therewith. DECLARANT acknowledges and agrees to make any such reimbursement within thirty (30) calendar days after receipt of an itemized statement detailing all costs and expenses. It is further agreed that in addition to the rights and remedies at law or at equity, the Village shall have a lien on the Property to secure payment of such amounts due to the Village for the work and the Village may enforce and foreclose on said lien, including attorney's fees and costs, by an action filed in the appropriate court in DuPage County. The Village agrees that, in the event it provides such maintenance, (a) it will exercise due care and caution so as not to unnecessarily damage or harm the Property and any landscaping, buildings or other improvements thereon and (b) it will repair and/or reimburse and make whole the Owner for any unreasonable damage or harm to the Property or any landscaping, buildings or other improvements thereon unreasonable caused by the Village (or its agents or employees) in connection with the exercise of any rights granted to the Village hereunder. i DECLARATION OF COVENANTS,C-ONDII IONS, AND RESTRICTIONS FOR DANA PARK RESITRDIVISION Section 3. Stormwater Management Permit Application and Plan. Declarant submitted a Stormwater Management Permit Application to the Village with the original subdivision application. Excerpts from that Application are stated in Exhibit D attached hereto and made a part hereof. Declarant and Association shall perform all responsibilities and obligations contained in said Exhibit D. ARTICLE X -General Provisions Section 1: Insurance. The Board of Directors shall have the authority to and shall obtain insurance for the improvements in or upon the Common Area against loss or damage by fire vandalism and such other hazards as are covered under standard extended coverage provisions, for the full insurable replacement cost hereof. The Board of Directors shall also have the authority to and shall obtain comprehensive liability insurance, in such limits as it shall deem desirable, and workman's compensation insurance and other liability insurance as it may deem desirable, insuring the Association, Board of Directors, manager, managing agent and, with respect to the Common Area. The premiums for all insurance purchased pursuant to the provisions of this Section shall be Common Expenses and shall be paid at least thirty (30) days prior the expiration date of any policy. Except as hereinabove provided, each Owner shall be responsible for obtaining fire and casualty and other types of insurance as such Owner shall deem necessary on his own Lot and the contents of his own Lots, and his additions and improvements thereto, as well as his personal liabilities. Section 2; Management. The Association, through its Board of Directors, shall have the power to employ a manager (managing agent), and independent contractor, or such other employees as it deems necessary, and to prescribe their duties and fix their compensation, and/or enter into a management agreement with a professional management company for the purposes of managing the Association. Any agreement entered into by the Association with a management company shall be for a period of not more than one (1) year each, and shall provide for the Association's written thirty (30) day notice to the management company of its intent to do so_ Section 3: Remedies. in the event of any default by any Owner under the provisions of the Declaration, By-Laws or rules and regulations of the Association, the Association and the Board of Directors shall have each and all of the rights and remedies which may be provided for in this Declaration, the By-Laws and said rules and regulations, and those which maybe be available at or in equity, and may prosecute any action or other proceeding against such defaulting Owner and/or others for enforcement of any lien, statutory or otherwise, including foreclosure of such lien and the appointment of a receiver for the Lot and ownership interest of Such Owner,'or for damages or injunction, or specific performance, or for judgment for payment of money and collection thereof, or for any combination of remedies, or for any other relief. No 16 I DELI ARkTION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESlJHIM VISION remedies herein provided or available at law or In equity shall be deemed mutually exclusive of any other such remedy. -All expenses of the Association in connection with any such actions or proceedings, including court costs and attorneys' fees and other fees and expenses, and all damages, liquidated or otherwise, together with interest thereon at the maximum rate permitted by law, from the due date until paid, shall be charged to and assessed against such defaulting Owner, and shall be added to and deemed part of his prospective share of the Common Expenses (to the same extent as the lien provided herein for unpaid assessments), upon the Lot and upon all of his additions and improvements thereto, and upon all of his personal Property and improvements thereto, and upon all his personal Property, upon the Lot or located elsewhere on the Common Area. Any and all of such rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise, by the Association or the Board of Directors. All of the provisions of this instrument, and those in the Articles of Incorporation and By-Laws of the Association are mutually enforceable by and among the members of the Association. Any member who feels that a provision is being violated may petition the Association to investigate the situation. Should the Association determine that this allegation is true and that whatever action is necessary to end the violation as unworthy of action, or fails to investigate the alleged violation within thirty (3) days of notice, then the complaining member can prosecute his claim in whatever legal manner is best suited to the situation. Section 4: Land Trusts. In the event title to any Lot should be conveyed to a land title-holding trust, under which all powers vested in the Trust beneficiary or beneficiaries, then the trust estate under such trust, and the beneficiaries there under, from time to time, shall be Gable for payment of any obligation, lien or indebtedness chargeable or created under this Declaration against such Lot. No claim shall be made against any such title-holding trustee personally for payment of any claim, lien or obligation hereby created, and the trustee shall not be obligated to sequester funds or trust Property to apply in whole or in part against any such lien or obligation, but the amount thereof shall continue to be a charge or lien upon the premises notwithstanding any transfers or beneficial interest in the title to such real estate. Nothing in this Section 4 shall be deemed to alter or diminish the rights or remedies of the Association under Article IV Section 5 relating to the failure to pay maintenance assessments_ Section 5: Amendments. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive period of ten (10) years, unless three-fifths (315) of the votes outstanding shall have been voted to terminate the covenants and restrictions of this Declaration 17 lWC1,AR.ATIUN OF COVENANTS.CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESUBDIVISION upon the expiration of the initial twenty year period or any extension thereof, which termination shall be by written instrument signed by three-fifths (315) of the Owners and properly recorded in DuPage County, Illinois. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than three-fifths (3/5) of the Owners. Any amendment must be recorded. Notwithstanding any provision hereof to the contrary, the Declarant may, at its sole discretion and without consent being required of anyone, modify, amend, or repeal this Declaration at any time prior to the closing of the sale of the first Lot, provided said amendment, modification, or repeal is in writing and properly recorded in DuPage County, Illinois. Declarant further reserves, prior to the closing of the sale of all of the Subject Property, all rights which may be necessary to deal with the Subject Property, including the right to vacate, amend or modify that plat of subdivision. Notwithstanding anything else contained herein to the contrary, no amendment to Article IX or any amendment affecting any rights of the Village of Oak Brook hereunder may be made without the prior written consent of the Village of Oak Brook, Section 6; Notices. Notices provided for in the Declaration or By-Laws shall be in writing and shall be addressed to the Association or to any Owner at its respective address. Notices addressed as above shall be deemed delivered when mailed by United States registered or certified mail, return receipt requested, or when delivered in person with written acknowledgement of the receipt thereof. Section 7, Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 8: Rights and Obligations. The provisions of this Declaration and the By-Laws and the rights and obligations established thereby shall be deemed to the covenants running with the land and shall inure to the benefit of, and be binding upon, each and all of the Owners and respective heirs. representatives, successors, assigns, purchasers, grantees and mortgages. By the recording or the acceptance of a deed conveying a Lot or any interest therein, or any ownership of a deed conveying a Lot or any interest therein, or any ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed shall be deemed to accept and agree to be bound by and subject to all of the provisions of this Declaration and the By-Laws, whether or not mention thereof is made in said deed. IR DECLARATION OF C'OVFNAN I'S.CONDITIONS, AND RES'I'RIC"TIONS FOR DANA PARK RESURDIVISION Section 9: Rights and Duties of Institutional Holders. Any provisions within the Declaration or the By-Laws to the contrary notwithstanding, the fallowing provisions shall control: a) Upon the written notice in the manner prescribed by Article X Section 6 directed to the Association by any first mortgagee of a dwelling on a Lot, the following actions will require notice to all said institutional holders: 1) Abandonment or termination of the Association; 2 Material amendment to the Declaration By-Laws Articles f Y so r ceso incor p oration; and 3) Termination by the Association of professional management and assumption of self-management by the Association. b) Upon the request in the manner prescribed above of any first mortgagee of a dwelling on a Lot, the Association shall furnish to such mortgagee a written notice of any default by the Owner of such dwelling the performance of such Owner's obligations under and within the Declaration or the By-Laws or Association rules or regulations which is not cured within thirty (30) days. c) Each first mortgagee of a dwelling on a Lot shall have the right to examine the books and records of the Association during normal business hours. The first mortgagee's may, jointly or singularly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area or any portion thereof. First Mortgagee"s may pay overdue premiums on hazard insurance policies or secure now hazard insurance coverage on the lapse of a policy for such Property, and first mortgagee's making such payments shall be owed immediate reimbursement therefore from the Association. The Association shall have the authority to enter into an agreement reflecting the provisions of the written subsection in such form as may reasonably be required by such mortgagee's, and in the absence of any such agreement, the provisions of the written subsection shall be deemed to be the agreement of the Association and binding upon it in favor of all such mortgagee's. d) Institutional holders of first mortgages of a dwelling on a lot shall, in addition, upon written request, have the right: 1) to receive an annual financial statement of the Association within ninety (90) days following the end of any fiscal year of the Association; and 1�� DECLARATION OF COVENANTS,CONDITIONS, A ND RESTRIC'TIONS FOR DANA PARK RESUBDIVISION 2) to receive written notice of all meetings of the Association and to designate a representative to attend all such meetings. e) In the event of: 1) damage or destruction of any Common Area or facilities, the cost of repair of which exceeds fifty thousand and no1100 dollars; or 2) the Common Area or facilities becoming the subject of any condemnation or eminent domain proceeding, the Association shall give timely written notice of same to all institutional holders of first mortgage liens: f) No provision within the Declaration or By-Laws or Articles of Incorporation of the Association, or any similar instrument pertaining to the Subject Property or the dwelling thereon shall be deemed to give an Owner or any other party priority over any rights of bona fide first mortgagee's of dwellings pursuant to their mortgages, in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of the Common Area or any portion thereof or interest therein. Section 10: Actions Requiring Three-Fifths Vote. Unless at least three-fifths (315) of the Owners have given their prior written approval, the Association shall not be entitled to: a) Abandon, partition, subdivide, encumber, sell or transfer the Common Area or any portion thereof or interest therein; except that the granting of easements for public utilities, the dedication to a public park district or other public purposes consistent with the intended use of such Property shall not be deemed a transfer within the meaning of this Section. b) Change the method determining the obligations, assessments, clues or other charges which may be levied against an Owner by the Association; c) Change, waive, or abandon any scheme of regulations or enforcement. thereof pertaining to the architectural design or exterior appearance of the dwellings or maintenance of the dwelling or Lots, d) pail to maintain fire and extended coverage insurance on insurable Property comprising a part of the Common Area on a current replacement costs basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement costs); '10 DECLARATION OF COVENANTS, CONDITIONS, AI ND RESTRICTiONS FOR DANA I!'ARK RFSUBDIVISION e) Use hazard insurance proceeds for losses to any improvements comprising a part of the Common Area for other than the repair, replacement or reconstruction of such improvements. Section-11- Headings. The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. All personal pronouns used in this Declaration, whether used in the masculine, feminine or neuter gender, shall include all other genders-, the singular shall include the plural, and vice versa. Title of Articles and Sections are for convenience only , and neither limit nor amplify the provisions of the Declaration unless specified reference is made to such Article, Section or Subsections of another document or instrument_ Section 12: Conflicts. In the event of any conflict between this Declaration and the By-Laws or Articles of incorporation, this Declaration shall control. Section 13: Perpetuities and Restraints on Alienation. 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 provisions, (b) the rule restricting restraints on alienation, or (c) any other statutory or Common Law rules imposing time limits, then such provision shall continue only until twenty-one (21) years after the death of the now living descendants of Rod Blagojevich, Governor of the State of Illinois. Section 14: Trustee exculpation, It is expressly understood and agreed, anything herein to the contrary notwithstanding, that each and all of the representations, covenants, undertakings and agreements herein made on the part of the Declarant while in form purporting to be representations, covenants, undertakings and agreement of the Declarant are nevertheless made and intended not as personal representations, covenants, undertakings and agreements by the Declarant or for the purpose or with the intention binding said Declarant personally, but are made and intended for the purpose of binding that portion of the Property specifically described herein, and this instrument is executed and delivered by said Declarant not in its own right, but solely in the exercise of the powers conferred upon it as such Declarant; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against DANA PARK L.L_C., on account of this instrument or on account of any representation, covenant, undertaking or agreement of said Trust in this instrument contained, either expressed or implied, all such personal liability„ if any, being expressly waived and released. It is understood and agreed by the parties hereto that the Declarant, is executing this Declaration as the legal titleholder of real estate, does so ,I DECLARATION OF COVYNAN US, CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESUBDI VISION solely for the purpose of binding the real estate to the terms, conditions and provisions of this Declaration. Section 15: Subdivision Gateway. Declarant agrees that any subdivision gateway may be removed by the Village at the expense of Declarant or the Dana Paris Homeowner's Association upon 30 days prior written notice if said subdivision gateway is not being maintained to the satisfaction of the Village Board. The cost of such removal shall constitute a lien on the Property for the benefit of the Village. Section 16: This Declaration Supercedes Declaration for Dana Park Subdivision. This Declaration supersedes and replaces the "Declaration of Covenants, Conditions and Restrictions for Dana Park Subdivision" recorded February 8, 2006 in DuPage County Recorder's office as document No_ R2006-024941. i 22 DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS FOR DANA PARK RESUBDIVISION IN WITNESS WHEREOF, Declarant has caused this instrument to be executed on its behalf, attested and its corporate seal to be hereunder affixed on this day Of 4todl&"AtAe ., 2008- DANA PA L.L.C. By* Managing Member PREPARED BY: JOHN H. BRECHIN Law Offices of John H. Brechin 619 South Addison Road Addison, Illinois 60101 (630) 834–4890 STATE OF ILLINOIS : SS COUNTY OF DUPAGE 1, the undersigned, a Notary Public injand for the County and State aforesaid, Do Hereby Certify that h — r u 61 G _, 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 signed and delivered the said instrument as his own free and voluntary act, for the uses and purposes therein set forth. Given under my hand and Notorial Seat this r day of ...........NIN llf�b 2008. Notary Public My Commission Expires: 69 OFFICIAL SEAL TAMMY L CRUSE NOTARY PUBLIC•STATE OF ILLINOIS I 1�9 MyCOIWASMEVftS:12/" 23 DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS FOR DANA PARK REISUBDIVISION Exhibit A Legal Description 24 DECLARATION OF COVENANTS,CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESUBDIVISION LEGAL DESCRIPTION: LOTS 1 THROUGH 4 IN DANA PARK SUBDIVISION, BEING A RESUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THIRD PRINCIPAL MERIDIAN, AS SHOWN ON PLAT RECORDED FEBRUARY 08, 2006 AS DOCUMENT NUMBER R2006-024939, IN DUPAGE COUNTY, ILLNOIS I)H CI.ARATION OF C't)VFNAN'I"S, CONDITIONS, AND RESTRIC'TIONS FOR DANA PARK RESURDIVISION EX141BIT 13 13v-Latiws ARTICLE lI Name and Location The name of the corporation is DANA PARK HOMEOWNERS ASSOCIATION, hereinafter referred to as the "Association". The principal office of the Corporation is located at Oak Brook, Illinois; but meetings of Members and Directors may be held at such place within the State of Illinois as may be designated by the Board of Directors. ARTICLE 11 Definitions Section 'I- "Association" shall mean and refer to DANA PARK HOMEOWNERS ASSOCIATION, an Illinois not-for-profit Corporation, its successors and assigns as further described in the Deciration: Section 2: "'Common Area" shall mean all real property and improvements designated as such in the Declaration_ Section 3: "Common Facilities" shall mean and refer to all buildings, improvements and fixtures situated on or in the common area and owned by the Association, all personal property owned by the Association and all storm sewers, the detention facility and floodplain including vegetation therein, street trees, the fence along the west side of the property and all gateway improvements constructed by Declarant. Section 4: "Property" shall mean and refer to the Subject Property and each and every other portion of the Development Area, which is annexed in the subject development in accordance with the terms thereof. Section 6 "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Property and recorded in the Office of the Recorder of Deeds, in DuPage County, Illinois as document #R;t noy -y06D493 Section 6: "Declarant" shall mean and refer to DANA PARK L,L..C., their successors and assigns who are designated as such in writing by Declarant and who consent in writing to assume the duties and obligations connected therewith. Z� DECLARATION OF COVENANTS, CONDITIONS, AND RFSTRICTIONS FOR LIANA PARK RESI.IBDIVISION Section 7: "Lot" shall mean and refer to the plots of land so shown and designated on the recorded subdivision plat of the Subject Property, entitled Dana Park Resubdivision with the exception of the Common Area, Section 8: "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. Section 9: "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract Sellers. Declarant shall, so long as it owns Lots, be an Owner. ARTICLE III Membership and Voting Rights Section 1: Qualifications for Membership. The qualifications for Membership in the Association are set out in Article III Section 1 of the Declaration. Section 2: Voting Rights of Members. The voting rights of Members are set out in Article 111 Section 2 of the Declaration. Section 3: Conditions of Continued Membership. As provided in the Declaration, the rights of membership are subject to the making of the payment of annual and special assessments levied by the Association, the obligation for which annual and special assessments are imposed against each Owner of a Lot and which are secured by a lien upon the Lot and against which the call for annual or special assessment is made. A Member who is delinquent in such annual or special assessment will be subject to additional charges, all of which may be enforced by any legal action against the Owner, and/or foreclosure of the aforesaid lien. Section 4: Suspension of Membership Rights. The membership rights of any person in the Association are subject to the payment of annual and special assessments under Section 3 of this Article 111, whether or not he be personally obligated to pay such assessments, may be suspended by action of the Board of Directors during the period when an assessment or installment of either remains unpaid: but, upon full payment of such assessments or installment, his rights and privileges shall be automatically restored. If the Directors have adopted and published rules and regulations governing the use of the Common Area and/or Common Facilities, and the personal conduct of any person thereon violates such rules and regulations as provided in Section 1 of this Article ill hereof, they may, in their discretion, suspend the rights of 7 DECLARATION OF COVENANTS, CC)1iI)I"riO S, AND RESTRICTIONS FOR DANA PARK RESUBDIVISIUti any such person for violation of such rules and regulations or any provision of the Declaration for a period not to exceed sixty (60) days. Section 5: Members' Rights of Enjoyment of Common Area. Each Member shall be entitled to the use and enjoyment of the Common Area and Common Facilities as provided by the Declaration, ARTICLE IV Meeting of Members Section 1: Annual Meetings. The first annual meeting of the Members shall be held within one (1) year of the date of the incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held on the same clay of the same month of each year thereafter, at the hour of 7 o'clock p.m. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2: Special Meetings. Special meetings of the Members may be called at any time by the President or by the Board of Directors or upon written request of two-thirds of the Members. Section 3: Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of the Secretary or person authorized to call the meeting, by mailing a copy of such notice postage prepaid, at least fifteen (15) days before such meeting to each Member entitled to vote thereat, addressed to the Members address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Section 4: Quorum_ The presence at the meeting of Members entitled to cast, or of proxies entitled to cast. three-fifths (315's) of the votes of the membership shall constitute a quorum for any action except as otherwise provided for in the Articles. of Incorporation, the Declaration, or these By-Laws. if however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5: Proxies. At all meetings of Members each Member may vote in person or by proxy_ All proxies shall be in writing and filed with the Secretary, Every 2 8 DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS FOR DANA PARK RESURDIVISION proxy shall be revocable and shall automatically expire upon conveyance by the Member of his Lot. ARTICLE V Board of Directors. Selection; Term of Office Section V Number. The affairs of this Association shall be managed by a Board of three (3) Directors. Section 2: Term of Office_ At the first annual meeting, the Members shall elect one Director for a term of one year, one Director for a term of two years, and one Director for a term of three years and each annual meeting thereafter the Members shall elect Directors for the positions of the Directors whose tenure expires on that date for a term of three years. Section 1 Removal. Any Director may be removed from the board, with or without cause, by a majority vote of the Members of the Association. In the event of death, resignation, or removal of the Director, his successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his predecessor. Section 4: Compensation. No Director shall receive compensation for any services he may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5: Action Taken Without a Meeting. The Directors shall have the right to take action in the absence of a meeting, which they could take at a meeting by obtaining the written approval of a majority of the Directors. Any action so approved shall have the same affect as though taken at a meeting of Directors. ARTICLE VI Nomination and Election of Directors Section t: Nomination. Nomination for election to the Board of Directors shall be made by any Member of the Assiciation. Nominations may be made in advance or from the floor at the annual meeting. Such nominations shall be made from among the Members of the Association, UI?CLARATION OF COVENANTS, C:'ONDITIONS, AND RESTRIC"T"IONS FOR DANA PARK RESUBDIVISION Section 2: Election. Election to the Board of Directors shall be by secret written ballot. At such election, the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. I ARTICLE VII Meetings of Directors Section 1: Regular Meetings. Regular meetings of the Board of Directors shall be held at least annually without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held as scheduled by the Board of Directors. Section 2: Special Meetings. Special Meetings of the Board of Directors shall be held when called by the President of the Association, or by any two Directors, after not less than three days notice to each Director, provided, however, that attendance or written waiver shall be deemed as conclusive evidence of proper notice. Section 3: Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE Vill Powers and Duties of the Board of Directors Section 1: Powers, The Board of Directors shall have the power to: a} adopt and publish rules and regulations governing the use of the Common Area and Common Facilities, and to personal conduct of the Members and their quests thereon and to establish penalties for the infraction thereof; b) suspend the voting rights and rights of use of recreational facilities, if any, of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and 0 DECLARATION OF C'OV'ENANTS,CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESUBDIVISION hearing, for a period not to exceed thirty (30) days for infraction of published rules and regulations; C) exercise for the Association all powers, duties, and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration; d) declare the office of a Member of the Board of Directors to be vacant in event such Member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and e) employ a Manager, an independent contractor, or such other employees or agents as they deem necessary, and to prescribe their duties. Any management contract entered into by the Developer on behalf of the Association shall not bind the Association unless said contract contains a reasonable employment term and a right of termination by the Association without penalty, and upon notice of ninety (90) days or less. Section 2: Duties. It shall be the duty of the Board of Directors to: a) cause to be kept a complete record of all of its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members or any special meeting when such statement is requested in writing by three-fifths (3f5's) of the Members who are entitled to vote. b) supervise all officers, agents, and employees of this Association, and to see that there duties are properly performed; C) as more fully provided in the Declaration to: 1) fix the amount of the annual or special assessment against each Lot at least thirty (30) days in advance (or the first installment of either, if such contribution or assessment is to be made in installments); 2) send written notice of annual or special assessments to every Owner subject thereto at least thirty 30 days in advance of the ! rtI' ( ) Y I r special r fir installment f due date of such annul o spec (o the first o it 1 FCLAKATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESUBDIVISION either, if such contribution or assessment is to be made in installments); 3) take all reasonable steps to obtain payment of annual or special assessments (or installments of either) which are not paid within thirty (30) days of their due date, including, without limitation (where such action is required in the Board's judgment), enforcing the Association's lien rights against the delinquent Owners Lot and bringing any legal action against the Owner personally obligated to pay the same, or both; and 4) cause a roster of Lots to be prepared, stating the amount of the annual and special assessments applicable thereto, on which roster shall be reported each payment of such contributions and assessments when received; such roster is to be kept in the office of the Association and to be open to inspection by any Member and any First Mortgagee during regular business hours. d) issue, or cause an appropriate officer or collection: agent designated by the Board to issue, upon demand by any Member or First Mortgagee, a certificate setting forth whether or not all assessments (or installments thereof) against such Lot which are then due and payable have been paid as of the date of such certificate. A reasonable charge may be made by the Board for the issuance of such certificates. If a certificate states that an annual or special assessment (or an installment of either) has been paid, such certificate shall be conclusive evidence of such payment; e) cause a roster of First Mortgagee to be prepared and maintained in a current manner, which raster shall contain the names of all First Mortgagee's, and the addresses to which notices to such First Mortgagee's are to be sent, and shall indemnify the Lots which are subject to the first mortgages held by such Mortgagee's; f) procure and maintain liability, casualty, and hazard insurance on property owned by the Association, a fidelity bond or insurance policy covering all persons who are Directors or Officer's , liability insurance for the Directors and Officers of the Association, if available, and such other insurance as the Board of Directors shall deem to be necessary or desirable in carrying out its responsibilities under the Declaration; 2 i DECLARATION OF cOVFNANTS,CONDITIONS, AND RESTRICTIONS FOR DANA NARK REST-TIBDiVISiON g) cause all officers or employees having fiscal responsibilities to be bonded or insured, as it may deem appropriate; g) cause the Common Area and Common Facilities to be maintained, operated and managed. ARTICLE IX Officers and their Duties Section 1: Enumeration of Officers. The officers of the Association shall be a President, Vice President. and Secretary/Treasurer, who shall at all times be Members of the Board of Directors, and such other officers as the Board may from time to time by resolution create. Section 2: Election of Officers. The officers shall be elected by majority vote of the Directors at the first meeting of the Board of Directors following each annual meeting of the Members except that the initial Board of Directors named in the Articies of Incorporation shall elect the initial officers of the Association at the first meeting of such Board of Directors. Section 3: Term. The officers of the Association shall be elected annually by the Board and (with the exception of the initial officers who shall serve only until the first meeting of the Board after the first annual meeting of the Members) each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or shall be otherwise disqualified to serve. Section 4: Special Appointments. The Board may appoint such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time determine. Section 55: Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving notice thereof to the Board, the President, or the Secretary. Such resignation shall flake effect on the date of receipt of such notice or at any later time specified therein, and the acceptance of such resignation shall not be necessary to make it effective, Section 6; Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointment to such vacancy shall serve for the remainder of the term of the officer he replaces. ,; DEC LARATRY-14 OF COVENANTS,CONDITIONS, AND RESTRIcTIONS FOR DANA PARK RESURDIVISION Section 7: Multiple Officers. The offices of Secretary and Treasurer shall be held by the same person. Section 8: Duties, The duties of the officers are as follows: a) President. The President shall preside all meetings of the Board of Directors, shall see that orders and resolutions of the Board of Directors are carried out, shall have the power to sign all leases, mortgages, deeds, and other written instruments on behalf of the Association, and shall co-sign all checks and promissory notes of the Association. b) Vice-President- The Vice-President shall act in the place and stead of the President in the event of his absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board of Directors. C) Secretary - Treasurer. 1) The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board of Directors and of the Members in books to be kept for that purpose-, shall keep the Corporate Seal of the Association and affix it on all papers requiring said Seal-, shall serve notice of meetings of the Board of Directors and of the Association together with their addresses as registered with him by such Members-, and shall perform such other duties as are required by the Board. 2.) The Treasurer shall receive and deposit in appropriate Bank Accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors, provided, however, that such a resolution shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board of Directors; shall co-sign all checks and promissory notes of the Association, provided that such checks shall also be signed by the President or the Vice- President-, shall keep proper books of account; shall maintain the roster of assessments referred to in Section 2 (c ) (4) of Article Vill hereof and the roster of First Mortgagee's referred to in Section 2 (e) of Article Vill hereof-, may cause an annual audit of the Association books to be made by a certified public accountant (and shall cause an audit and provide an audited financial statement for the preceding fiscal year to all Mortgagee's who request it); shall make a written report monthly to each Directoc, shall cause the financial statement of the Association to be delivered to each Member prior to the annual meeting of the membership; shall prepare an annual budget for the forthcoming fiscal year and submit it for review and 4 10CLARA'i ION OF('OV NAN`14, CONDI'i'iONS, AND RE.SI-RICITIONS FOR DANA PARK RESURDIVISION adoption by the Board of Director's; and shall deliver a copy of the adopted budget to each Member. ARTICLE X Books and Records The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member, The Declaration, the Articles of Incorporation, and the By-Laws of the Association shall be available for inspection by any Member from the Secretary of the Association from whom copies may be purchased at a reasonable cost. ARTICLE XI Indemnification Section 1: indemnification of Officers and Directors. The Association shall indemnify the Officers and Directors of the Association to the full extent permitted or allowed by the laws of the State of Illinois including any person who, by reason of the fact that he is or was an Officer or Director of the Association, is made a party to any litigation, claim, suit, action, or other proceeding of any kind, against expenses (including reasonable attorney's fees), liabilities, judgments, costs, fines, penalties, amounts paid in settlement, and other losses, actually and reasonably incurred by him in connection with the defense of settlement thereof, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Association, and if he had no cause to believe his conduct was unlawful. No indemnification shall be made in respect of any claim or matter as to which such person shall have been adjudged to be liable for gross negligent or willful misconduct in the performance of his duty to the Association Section 2 Indemnification Non-Exclusive. The indemnification provided hereby shall not be deemed exclusive of any other rights to which those seeking indemnification (whether or not they are officers or directors) may be entitled under any law, agreement, vote of Members, or Directors or otherwise, both as to action in official capacities and as to action in other capacities, and shall continue as to a person to the benefit of the heirs, executors, and administrators of the person being so indemnified. t DECLARA11ON OF COVENANTS, CON[wr10NS, AND RESTRICTIONS FOR DANA PARK RESI'BnIVISION ARTICLE XII Assessments As more fully provided for in the Declaration, each (Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date. the assessment shall bear, interest from the date of delinquency at the per annum rate equal to the lesser of the maximum allowed by law or eight percent (8%), and the Association may bring legal action against the Owner personally obligated to pay the same qr foreclose the lien against his property, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot_ ARTICLE Xltl Amendments Section 1: Amendments. These By-Laws may be amended, at a regular or special meeting of the Members, by a vote of a majority of a quorum of Members present in person or by proxy. Section 2: Declarant's Power to Amend. A power coupled with an interest is hereby retained by and granted to Declarant, DANA PARK L.L_C., its successors, assigns or designees, as attorney-in-fact to amend this Declaration, the By-Laws of the Association the Articles of Incorporation of the Association, for the purpose of either or both (a) compliance with requirements of Veterans Administration, the Department of Housing and Urban Development, The Federal Home Loan Mortgage Corporation, and the Government National Mortgage Association, any successor to any of such organizations and any other federal, state or local governmental entity or agency, or (b) correcting any topographic or surveyor's error; and (c) meeting requirements of the Internal Revenue Code as now or hereafter amended: (i) relating to organizations exempt from tax or (ii) specifically exempting homeowner's associations from any federal income tax; provided that Declarant shall have no obligations to cause any such amendment to be made. The acceptance of each deed. mortgage or other instrument with respect to any Lot which is subject to the Declaration shall be deemed to be a confirmation of such power to such attorney-in-fact and shall be deemed to constitute a 11I^CLARA' MN' (W COVENANTS.CONDITIONS, AND RI;:STRIC T10N'S FOR DANA PARK RFSURDIVISION consent and agreement to and acceptance, confirmation and ratification of all such amendments. ARTICLE XIV Miscellaneous Section 1. Fiscal Year. The fiscal year of the Association shall begin on the first day of January and end on the 31" day of December of every year except the first fiscal year shalt begin on the date of incorporation of the Association. Section 2.: Captions The paragraph captions in these By-Laws, any Table of Contents, are for convenience only and do not in any way define, limit, describe or amplify the terms and provisions of these By-Laws or the scope or intent thereof Section 3 Inconsistencies Among Documents. In the case of any conflict between the Articles of Incorporation and these fay-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-l..aws. the Declaration shall control. IN WITNESS WHEREOF, we being all of the Directors of DANA PARK HOMEOWNERS ASSOCIATION have hereunto set our hands this day of ._../W"444V_ _ . , 2008. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DANA PARK RESUBDIVISION EXHIBIT C Resubdivision Grading Plan K. 0% BROOK ' DIVISIO 2DOC. NO. –20501 FF I l m gum am art ............. I i �'1-1 LOT � , ��--'— j �-...�'�- � 7 t ;:nom ) •i':':%�?. x� ,t .. xrrs. "' x x Y -y ?Y 1''F'lrn.,jN^:iY;,�...�.__"_---•._.� �s�Y xran x:an �' i d{i+-ii:rir xmw xr� T _ 1 r 4 F a O — IL LANE (PRIVATE ROAD) 9 I DECLARATION OF COVENANTS,CONDITIONS, AND RESTRICTIONS FOR DANA PARK RES BDI''ISION EXHIBIT D Stormwater Management Systems Monitoring & Maintenance Plan The Association will be responsible for the periodic monitoring and maintenance of all stormwater storage and stormwater collection and conveyance systems and components within the limits of the Subject Property_ Such systems and components include, but are not limited to, storm sewers, storm drains, inlets, catch basins, manholes and appurtenances; overland drainageways; all containment berms, diversion swales, and stormwater storage facilities, landscaping and ground cover within stormwater management facilities; and all permanent erosion and sedimentation control measures and devices and best management practices. The association shall undertake appropriate measures to monitor and maintain such facilities in accordance with the policies and procedures established under the Village of Oak Brook stormwater ordinances as amended as part of its routine maintenance operations. The program for monitoring and maintaining the stormwater management and/or stormwater conveyance facilities imposed under this plan shall include the following operations and procedures: 1. Storm sewers and other drainage structures and appurtenances including catch basins, manholes, and inlets shall be periodically cleaned and kept clear of sediment and debris, retained at the elevations. lines and grades intended, and maintained in an operable condition capable of conveying storm water runoff. 2 Swales and overland drainage ways shall be maintained to the line and grade established on the Resubdivision Site Improvement Plans for Dana Park Resubdivision and supporting documents to convey stormwater runoff in a free and unobstructed manner. Landscape plantings, earthen fill, or other obstructions that impede the flow of stormwater shall not be permitted and shall be removed, the area shall be re-grader!, and a vegetative cover shall be re-established to deter erosion. 3. The proper function of the stormwater storage basin is dependent upon maintaining both the structural integrity and the minimum elevation for the containment berms and it is also essential that the volume of potential storage available within the stormwater storage facility be preserved. Substantial re-grading., placement of earthen fill, or other earthwork operations that would change the elevation; impair the structural integrity, or diminish the volume contained within the basin are prohibited. 4. A vegetative cover around and within the stormwater storage facility and overland drainage swales is essential for the prevention of soil erosion and the deposition of sediments within the basin. The periodic replanting and replacement of vegetation shall be undertaken by the Association, when necessary, to maintain the vegetative cover. 40 UECLARATION OF COVENANTS,CONDITIONS, AND R1F:tiTRI PIONS FOR DANA PARK RESUBDIVISION LONG TERM RIPARIAN ENVIRONMENT MAINTENANCE PLAN Compensatory mitigation is required as a condition for issuing a stormwater management permit authorizing disturbance to riparian environment. The mitigation plan is intended to replace functions and values that are impacted by permitted activities. A mitigation plan generally involves restoring the disturbed environments. The following maintenance plan includes activities to promote the long-term preservation and maintenance of the on-site riparian environment as well as present who is responsible for the activities and how they will be funded. According to Title 9 of the Village Code, Storm Water, Floodplain and Sedimentation and Erosion Control Regulations ("Storm Water Regulations"). the operation and maintenance plan should address the following two (2) issues; i) Near-term maintenance, particularly to activities required within a 3-year monitoring period to ensure establishing plant communities required to maintain runoff filtering, habitat, bank stabilization, shading or other riparian values.. ii) Commitment, particularly to long-terra funding and responsibility for performing the recommended operation and maintenance activities. MAINTENANCE ACTIVITIES Mowed lawn dominates the existing on-site riparian environment. The proposed mitigation includes replanting the disturbed riparian environment with a native grass seed mixture, shrubs and trees. The Site landscaping Plan, prepared by The Olson Design Group, includes the seeding and planting specifications. The planted seed mix and shrubs and trees will prevent erosion and control and filter sediment from upland areas, provide a habitat corridor for fauna and flora, and promote other riparian environment values and functions. A contracted consultant will visit the site biannually post-construction to monitor the progress and health of the riparian environment mitigation. These visits are to determine if remedial measures are required and to recommend procedures to correct any deficiencies. In most cases, these deficiencies are related to the maintenance of the environments (i,e., trash, debris dumping). Consequently the following minimum maintenance activities should be completed periodically during the growing season for three years following construction of the detention and floodplain basins. 1. Site visits shall be conducted during construction to determine if erosion control measures are functioning properly and to assess the development of vegetation. 41 DECLARATION OF C'OV'ENANTS, CONDITIONS, AND RESTRICTIONS FOR DANA PARIS: RESUBDIVISION Site visits will be conducted periodically during the growing season (March-October) until the areas have stabilized. 2. Debris Management: All trash, brush, grass clippings, debris, etc. shall be removed periodically from the wetland buffer and riparian environments (floodplain) and disposed of in an approved trash receptacle. 3. Invasive Non-native Weeds= Purple loosestrife, Canada thistle, cut-leaved teasel, reed canary grass, common reed, common buckthorn, cattail and other invasive, non-native weeds shall be controlled mechanically through the use of mowing every six weeks during the growing season (no lower than six inches), fire (as fuels allow), application of herbicide and/or hand pulling, or a combination of these methods. SUCCESS CRITERIA 1. A temporary cover crop must be planted on all disturbed areas immediately upon completion of grading to prevent soil erosion, Within 3 months, at least 30% of the slopes, as measured by aerial coverage, will be vegetated, if the desired long-term vegetation is not planted with the temporary crop, it must be planted in the first available growing season appropriate for each species. All cover crop species must be non-persistent or, native and not allelopathic_ If a temporary cover crop is not planted immediately upon completion of grading, soil erosion control blanket must be installed to prevent soil erosion_ 2. By the end of the third year, no area over the entire planted area greater than 0.5 square meters shall be devoid of vegetation, as measured by aerial coverage. 1 By the end of the third year, at least 50% of the vegetation present shall be native, non-invasive species, as measured by aerial coverage. COMMITMENT AND RESPONSIBILITY Declarant and Association shall be the responsible entity for the long term funding and operation of the maintenance activities for the wetland buffer and riparian environment mitigation, as described herein, 4 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DANA PARK, RESU113DIVISION EXHIBIT E Estimated Annual Assessments Common Area $ 2,800 Property Taxes $ 1,200 Road Surface Maintenance & Repair (Road resurface cost of 512,000 x 10%) $ 1.000 Snow Removal (s2oo for road surface x 5 snowfalls) S 300 Fence Maintenance & Repair $ 700 Entry Feature Maintenance & Repair $ 1,200 Gate (Opticom, Mechanicals, Electricals, & Communications) (sioofrno) $ 300 Utility Maintenance & Repair • Common Area &,HgTeowners' Properties $ 17,500 Lawn Maintenance & Landscaping (Common Aiea at$250 per+5 HQmes at$50 per 1,000 Irrigation SysteMS (Cwnmun Area at WO+5 Homes at$100) 2,500 Sanitary Systems S 2,500 Stormwater Systems $ 1,500 Miscellaneous Total Annual Cost per Home = $6,500 4/15/2008 11:09 AM FROM: Flagg Creek Flagg Creek TO: +1 (630) 368-5128 PAGE: 001 OF 003 FLAGG CREEK WATER RECLAMATION DISTRICT (Formerly Hinsdale Sanitary District) O 7001 North Frontage Road Burr Ridge,IL 60527 PHONE: 630-323-3299 FAX: 630-3234230 FAX COVER SHEET EAAPR U ` To: Village of Oakbrook(Business Fax) From: Pat Giacobbe5 2008 +1 630 368-5128 3 OArn BROOK Fgy; ( ) Pages: ELOPMENT DEPT. Date/Time: 4/15/2008 11:09:40 AM Subject: plan review for Dana Park;4ubdivisiopcpakbrook, IT L!z LI LC-1'�11 Note: near 31 st St. and Meyers Rd. LENM:.!!E''- I i F „T I 4/15/2008 11:09 AM FROM: Flagg Creek Flagg Creek TO: +1 (630) 368-5128 PAGE: 002 OF 003 FLAGG CREEK , . WATER RECLAMATION FCWRD .fCWR13 (Formerly Hinsdale Sanitary FCWRD) 7001 Frontage Road Burr Ridge,IL 60527 a Phone: (630)-323-3299 Fax: (630)-323-4230 April 14 2008 (� 4 L Q E li , i, Jiun-Guan Lin r Ridgeline Consultants 1661 Aucutt Rd. ( ' ' _ _ APR 15 2008 Montgomery,IL 60538 — "" p Erin„�.��-n't.� -_.=----�- -"`? VILLAGE Ur iJHf�tiHOOK FAX: 630-701-1385 COMMUNITY DEVELOPMENT DEPT. SUBJECT: RESIDENTIAL SITE DEVELOPMENT REVIEW: DANA PARIWUBDIVISION 5 Lots 3111-3115 Meyers Road,Oakbrook IL P.I.N.Nos. 06-33-104-TBD, 06-33-103-033(existing) User Account No(for existing): 32-07-10391 PLAN REVIEW COMMENTS.DESIGN PLAN APPROVED The FLAGG CREEK WATER RECLAMATION DISTRICT has reviewed the revised proposed residential development plans,which provides for a private sewage pumping system for each of the five(5)properties. Approval is given to the development site plans with the following comments and conditions: 1) Each new private sewage grinder/pump system,force main and connection must be inspected and approved by the District.An Inspection Permit will be required for each of the five private force mains when connecting the house services.The current connection and inspection fee for each house connection is$3,350.00 paid to the District when applying for the new connection permit A set of building plans will be required for review with each permit application 2) The operation and maintenance of each private sewage grinder/pump is the responsibility of the individual owners of the properties and pump stations. 3) The installation of five 1.25”force mains encased in an 8"HDPE pipe within public utility easement R2005- 188046 will connect to a private manhole within the utility easement.From this private manhole a private 6" HDPE gravity sewer will then connect to the District's designated manhole on Court Seven(7)in the Midwest Club subdivision. This installation will be treated as a Sanitary Sewer extension permit for the District's inspection and fee collection purposes. The District's Permit fee for the force main extension is$250.00 and must be obtained by the developer or his agent before the start of any construction.An IEPA permit is not required for this project 4) The force mains intended to provide sanitary service for the initial three(3)lot subdivision were installed and connected to the District's manhole under permit 406-087.These inactive force main pipes must be trimmed and in the manhole then sealed/capped at both ends when the pipes are abandoned.This work is to be included with the installation of five(5)new force mains as proposed. 5) All sanitary sewer construction must comply with the District's standards and specifications and performed by a contractor or service with the appropriate insurance bond with the District. RVOBDANAPARKRevised2008 Page 1 of 2 r 4/15/2008 11:09 AM FROM: Flagg Creek Flagg Creek TO: +1 (630) 368-5128 PAGE: 003 OF 003 FLAGG CREEK � , � WATER RECLAMATION FCWRD fCN4�11 (Formerly Hinsdale Sanitary FCWRD) 7001 Frontage Road Burr Ridge,IL 60527 ., �atw(I Phone: (630)-323-3299 Fax:(630)-323-4230 If you have any questions,please contact me. We look forward to serving you. Thank you. FLAGG CREEK WATER RECLAMATION DISTRICT 96A60 A4 4.. A4AdDP' Edward L.Kokat Executive Director Cc: Village of Oakbrook(Faxed) RVOBDANAPARKRevised2008 Page 2 of 2