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R-782 - 06/26/2001 - SUBDIVISION - Resolutions Supporting DocumentsMEMO TO: FROM: SUBJECT: P 9 `� 90 O A - A G � .O O 2 9c�C'OUNTy '\�\ VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 June 15, 2001 Village President & Board of Trustees Richard A. Martens, Village Attorney Yorkshire Glen of Oak Brook Final Plat of Subdivision 7,16. 3. PHONE 630 990 -3000 FAX 630 990 -0876 W E B S I T E www oak -brook org Pursuant to your direction, I have drafted the attached resolution approving the Final Plat of Subdivision of Yorkshire Glen of Oak Brook. I understand you will consider this resolution at your regular meeting on Tuesday, June 26, 2001. Respectfully submitted, G Richard A. Martens Village Attorney RAM:sps Attachment cc: Stephen B. Veitch, Village Manager Robert L. Kallien, Jr., Director of Community Development Dale L. Durfey, Jr., Village Engineer E�F BqK ADQaE ss e9 'F. L L O - h G � 2 9c�^0UNTV VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 - 2255 PHONE: 630 990 -3000 FAX: 630 990-0876 February 19, 2003 W E B S I T E: www.oak-brook.org Inland Real Estate Development Corporation Attention: Mr. Anthony Casaccio and Mr. H. Dan Bauer, Esquire 2901 Butterfield Road Oak Brook, Illinois 60523 Re: Recorded Documents on November 14, 2002 Yorkshire Glen of Oak Brook Subdivision 4 Yorkshire Woods Oak Brook, Illinois 60523 Subdivision Improvement Agreement/R2002-312108 IL Statutory Short Form Power of Attorney for Property/R2002-312109 Resolution 2001-SD-FP-R-782/R2002-312110 Final Plat of Subdivision/R2002-312111 Declaration of Storm Water Facilities Easements, Covenants & Restrictions/R2002-312112 Declaration of Covenants, Conditions, Restrictions, Easements & Rights/2002-312113 Dear Sirs: Copies of the above noted documents are enclosed for your information. However, the Illinois Statutory Short Form Power of Attorney for Property that is enclosed is the original recorded document. These are all important records and should be retained in a secure area within your files. If you need any further assistance in this matter, please feel free to contact me at 630-990-5770 on Monday through Friday from 9am to 5pm. Sincerely, cam--- - -2,- aj,-, Linda M. Andrys Records Management Clerk /Ima Enclosures cc: Dale L. Durfey, Village Engineer Robert Kallien, Director of Community Development Official Files /RECDOC/2003-RECLTR-SD-FP-YORKSHIRE GLEN OF OAK BROOK 1 11-1111 Mi J.P. "RICK" CARNEY DUPAGE COUNTY RECORDER NOV.14,2002 2:33 PM OTHER 06—24-105—007 027 PAGES R2002-312108 ` (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 YORKSHIRE GLEN OF OAK BROOK Property Address/es 4 YORKSHIRE WOODS OAK BROOK IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) Pin/s Number 06-24-105-007 AND 06-24-105-008 Name &Address of Applicant YORKSHIRE GLEN, L.L.C., 2901 BUTTERFIELD ROAD OAK BROOK, IL 60523 Name &Address of Responsible INLAND REAL ESTATE DEVELOPMENT CORPORATION Party to Receive Recorded ATTENTION: MR. ANTHONY CASACCIO Document and Billing: 2901 BUTTERFIELD ROAD OAK BROOK IL 60523 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 of Consideration (when applicable): N/A G/L Account#to be Charged 1 SUBDIVISION IMPROVEMENT AGREEMENT FOR YORKSHIRE GLEN OF OAK BROOK THIS INSTRUMENT PREPARED BY: H.Dan Bauer,Esq. The Inland Real Estate Group, Inc. 2901 Butterfield Road Oak Brook,Illinois 60523 RETURN AFTER RECORDING TO: Linda K. Gonnella Village Clerk Village of Oak Brook 1200 Oak Brook Road Oak Brook,Illinois 60523 PERMANENT INDEX NUMBERS: 06-24-105-007 06-24-105-008 Doc:46281/5 -1- OCT 16 W 4 l SUBDIVISION IMPROVEMENT AGREEMENT FOR YORKSHIRE GLEN OF OAK BROOK THIS AGREEMENT,made and entered into as of the6A,day of V e y, h er ,2002, by and among the VILLAGE OF OAK BROOK,an Illinois municipal corporation,having its office at 1200 Oak Brook Road, Oak Brook, Illinois ("Village"), and YORKSHIRE GLEN, L.L.C., an Illinois limited liability company ("Developer"). WHEREAS, Developer proposes to subdivide the real estate described in Exhibit "A" attached hereto and hereby made a part hereof(sometimes referred to herein as "Subdivision.") in compliance with the Village Subdivision Regulations and has submitted to the Village a plat of subdivision("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. 2001-SD-FP-R-782,passed and approved June 26, 2001, subject to the satisfaction of the conditions contained in said Resolution No.2001-SD-FP-R-782,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 order 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 and equipment required to perform, construct, install and complete the necessary work and land improvements (collectively the "Work") all 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 attached hereto as Exhibit "C,"and in accordance with the plan entitled Yorkshire Glen of Oak Brook, consisting of nine(9) sheets prepared by Eddy-Resner Engineering,Inc.,Registered Professional Engineers,as last revised July 4, 2002, and the specifications therefor(the"Plans") as more fully identified and described in Exhibit "D" attached hereto and made a part hereof. Any material change in the Plans shall be subject to approval by the Village Engineer prior to the performance of any Work contemplated by such changes. Doc:462811, _2_ l S 2. Bids for the cost of the performance of the Work are attached hereto as Exhibit"E." Upon the execution of this Agreement by Developer and prior to Developer's commencement of the Work,Developer shall deposit security selected by Developer and in form and substance reasonably Village as described in Paragraph 12 herein ("Security"). The Security shall be acceptable to the g ( Y p ercent 110/o of the total bids of cost and shall originally be in the total equal to one hundred ten p ( ) g Y amount of$390,665.55. 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. Developer shall obtain waivers of lien for the amounts 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. 6. Village acknowledges that Developer has paid the Village a Plan Review Fee of $7,103.01 and an Inspection Fee of$5,327.26, as required by the Village and based on the 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 Eddy-Resner Engineering,Inc., Consulting Civil Engineers ("Project Engineer"),to act as Project Engineer in connection with the performance of the Work.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. 8. Prior to the commencement of any of the Work,Developer shall cause its contractors to furnish the Village evidence of insurance that satisfies the requirements of Chapter 8 of Title 1 of the Village Code of the Village of Oak Brook. Each insured contractor shall include all subcontractors as insureds 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 indemnify and hold harmless the Village, its officers, officials and employees, and each of them against all loss, cost, damage, claim, expense, demand or judgement for personal injury or property damage arising out of the performance of the Work by Developer,its contractors,agents and employees;provided, however that nothing contained in this Paragraph 9 shall be deemed to obligate Developer to indemnify the Village,its officers,agents and Doc:46281/5 -3- 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. Developer shall have the right to employ such attorneys to represent the Village and its officers and agents in such litigation, subject to the Village's approval,which approval shall not be unreasonably withheld. Developer shall have the right to appeal to courts of appellate jurisdiction any judgment taken against the Village, its officers or agents for which Developer has indemnified the Village, and the Village shall join any such appeal. 10. Developer shall cause the Work to be substantially completed as determined by the Village Engineer within three(3)years from the date of this Agreement,except that all required soil erosion and sedimentation control measures shall be completed in accordance with the schedule noted on the Plans or as required by Village ordinances. If the Work 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 proceed under the Security described in Paragraph 12 hereof, in accordance with its terms, for the purposes of: (a) payment to contractors or subcontractors who have completed work in accordance with this Agreement;(b)payment to any new contractors employed to complete or correct any unfinished or defective work in accordance with this Agreement; and/or (c) for any other purpose permitted under the Security and this Agreement and the Village Subdivision Regulations;provided,however,that the Village shall not have 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. Prior to acceptance of the improvements by the President and Board of Trustees of the Village, Developer shall cause the Project Engineer to correct the Plans to show the Work as actually constructed and approved and said Project Engineer shall turn over to the Village high quality, reproducible Mylar tracings thereof, dated and stamped either "as-built" or "record" drawings,for the Village's property.Said tracings shall be certified by the Project Engineer and shall include the following: (a) dimensions from the two(2)front lot comers to the water b-box,sanitary stub location and storm sewer 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; (b) "as-built"rim and invert elevations of all sewer structures; Doc:46281/5 -4- i (c) storm water basin contours or dimensions with cross-section at no less than fifty(50)foot intervals with spot elevations at key locations to verify that the basins were constructed in accordance with the Plans,showing the approved construction drawing in half tone and the section elevations in full tone; and (d) spots elevations at each side and rear lot line at twenty-five(25)foot intervals starting from one of the front lot corners. Prior to acceptance of the improvements by the Village, Developer shall also cause a registered land 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 surveyor's list shall include the original Village benchmarks. The list shall be certified to and submitted to the Village. Upon completion of the Work as evidenced by delivery by Developer to the Village of said improvements 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 certificate or certificates to that effect dated and executed on behalf of the Village by the Village Manager. Thereupon,the water lines that are located within the public utility easements in Lots as depicted on the final Subdivision Plat and the bicycle/pedestrian path on Harger Road shall constitute land improvements which are to be owned and maintained by the Village;the balance of the improvements shall be private and shall be maintained by the homeowner's association as set forth in the Declaration of Covenants,Conditions,Restrictions,Easements and Rights of Yorkshire Glen of Oak Brook Subdivision;and the amount of the Security shall be reduced to an amount equal to fifteen percent (15%) of the bids for 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 Hinsdale Sanitary District,not the Village,approves the sanitary sewer and related improvements. 11. Developer,for a period of one year beyond final acceptance and approval ofthe 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 bids for 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 period following the date of acceptance of the Work, the Village shall have the right to 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,then and in such event the Village shall have the right,but not the obligation,to request and receive from the Doc:46281/5 -5- 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 shall not have 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 any of: (a) a cash deposit; (b) a letter of credit; or (c) a subdivision bond. The letter of credit or subdivision bond shall be issued by a financial institution or surety company reasonably acceptable to the Village and shall contain such provisions as may be necessary to conform to the terms of this Agreement in form and substance reasonably satisfactory to the Village and the Village shall be an obligee under such letter of credit or subdivision bond. Developer shall select which of the foregoing(a),(b)or(c),to deliver to the Village. The Security shall originally be in the amount specified in Paragraph 2. 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. 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) of the Work and payment for the Work, including but not limited to, payment for labor and materials supplied by contractors or subcontractors, 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, the Village will obtain waivers of lien from said contractors and subcontractors of 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 release the original or replacement Security,minus any sums drawn thereon for construction,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 release 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 contractors or subcontractors,pursuant to the terms of this Agreement, during the course of construction of the improvements, the outstanding liability of the issuer of the Doc:46281/5 -6- s S Security shall be reduced to approximate the outstanding and unpaid contract balance for the completion of the Work referred to in this Agreement, subject to the approval of the Village; provided, however, that an amount equal to ten percent (10%) of any requested reduction in the Security shall be withheld as retention until all Work has been completed by the respective contractors and subcontractors,pursuant to this Agreement,and the amount of the Security shall not be reduced below eighty-five percent (85%) of the original amount until the improvements are accepted, at which time the amount of the Security shall be reduced to fifteen percent(15%) of the bids for 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 for buildings on specific Lots within the Subdivision to which utility facilities have been installed and are operative and to which roadway access is suitable for vehicular traffic notwithstanding that all Work in the Subdivision may not have been completed. 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 its successors and assigns. 16. Developer has agreed to acquire from the Illinois State Toll Highway Authority ("ISTHA") for the Village a license over the south ten (10) feet of the right-of-way adjoining the Subdivision for the use and maintenance of a bicycle/pedestrian path for pedestrian and non- motorized bicycle purposes for the benefit of the public. A Public Bicycle and Pedestrian Path Easement License in a form acceptable to the Village between the Village and the Illinois Toll Highway Authority shall be utilized pursuant to which the Village and Developer agree that the pathway is intended to be constructed upon the right-of-way of Harger Road. If the ISTHA transfers or conveys Harger Road to the Village,no license agreement with ISTHA will be required and the Village will permit Developer to install the above described bicycle/pedestrian path within the south ten(10) feet of the right-of-way thereof that adjoins the Subdivision. 17. 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 set forth in Exhibit"C." 18. 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: Village of Oak Brook Attn: Village Manager 1200 Oak Brook Road Doc:46281/5 -7- t Oak Brook, Illinois 60523 With a copy to: Village Attorney Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 If to Developer: Yorkshire Glen, L.L.C. Attn: Matthew G. Fiascone 2901 Butterfield Road Oak Brook, Illinois 60523 With a copy to: H. Dan Bauer, Senior Counsel The Inland Real Estate Group, Inc. 2901 Butterfield Road Oak Brook, Illinois 60523 Notices deposited in United States Mail postage prepaid as aforesaid shall be deemed delivered upon receipt or refusal of receipt. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed by its President and attested by its Clerk and Developer has executed this Agreement, all as of the date tten. VILLAGE OF OAK BROOK ?I,P. r� wE •' F , d<,:. .7 DuPage and Cook Counties, Illinois, an Illinois municipal corporation B F cOUN-11 da K. Gonnella 4areanV BushyeR-%4- Village Clerk Village President Attest: YORKSHIRE GLEN, L.L.C., an Illinois limited liability company, by IRED Development Management, Inc., an Illinois /� corporation, its sole m tuber Anthon A. Casaccio Matthew G. Fiascone Secretary/Treasurer President Doc:46281/5 -8- 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 KAREN M. BUSHY, Village President of the Village of Oak Brook, an Illinois municipal corporation, and LINDA K. GONNELLA, Village Clerk of the Village of Oak Brook, 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 they signed, sealed and delivered the said instrument as their free and voluntary act,and as the free and voluntary act of this municipal corporation, for the uses and purposes therein set forth. Given under my hand and official seal this day of a4-e'� , 2002. Notary ublic My commission expir •„OWICIA . SEAL” SANDRA P SCHMIDT Notary Public,state of Illinois My Commission Exp.05/11/2004 STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) I,the undersigned,a Notary Public in and for the County and State aforesaid,DO HEREBY CERTIFY that MATTHEW G. FIASCONE, personally known to me to be the President of IRED DEVELOPMENT MANAGEMENT,INC., an Illinois corporation,sole member of YORKSHIRE GLEN, L.L.C., an Illinois limited liability company ("LLC"), and ANTHONY A. CASACCIO, personally known to me to be the Secretary/Treasurer, 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 acknowledged that as such President and Secretary/Treasurer,they signed and delivered the said instrument, pursuant to the authority given by the board of directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation as sole member of the LLC, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this /sx , day of , 2002. otary P blic My commission expires: 0OFFICIAL SEAL P�ARY L RAMMIEN NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:10/03M �d4VVV1 Doc:46281/5 -9- B "A" EXHI IT LEGAL DESCRIPTION OF REAL ESTATE Doc:46281/5 -]0- SIT "A's LEGAL DESCRIPTION THAT PART OF LOT 6 IN YORKSHIRE WOODS, LOT 4 IN CLAYTON'S ASSESSMENT PLAT,AND THAT PART OF LOTS 1 AND 2 IN JEROME IL SR PLAT OF RANGE 1 EASTEOF THE SUBDIVISIONS IN SECTION 24,TOWNSHIP 39 NORTH, THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 6 IN YORKSHIRE WB WOODS;THENCE NORTH SAID OF 41 DEGREES 31 MINUTES 3 OF CURVE,THENCE NORTHERLY LOT 6 FOR A DISTANCE OF 47,47 FEET TO A POINT ALONG A CURVE CONCAVE To THE wEST, HAVING AN ARC LENGTH OF 119.23 FEET AND A RADIUS OF 300.0 FEET TO A POINT OF REVERSE �� THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE LENGTH OF 53.40 FEET AND A RADIUS OF 30.0 FEET TO A POINT OF CONTOUND THE SOUTH' CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE HAVING AN ARC LENGTH OF 260.97 FEET AND�UNTESS Ol�700.0 FEET TO A 0 SECONDS EAST FOR OF TANGENCY;THENCE NORTH 59 DEGREES DISTANCE OF 469.56 FEET; THENCE SOUTH 09 DEGREES 0 DEGREES RRJTE3 266SSECONDS 9 EAST FOR A DISTANCE OF 261.52 FEET;THENCE S O SECONDS WEST FOR A DISTANCE OF 68.60 FEET; THENCE SOUTH 30 DEGREES 29 MINUTES 30 SECONDS WEST FOR A DISTANCE DISTANCE OF 121.52 FEET FEET TO THE DEGREES 23 MINUTES 31 SECONDS WEST F OR A D S MOST NORTHERLY CORNER OF LOT 4 IN YORKSHIRE WOODS;77-IENCE NORTH 00 OF LOT 5 IN DEGREES 49 MINUTES O1 SECONDS WEST ALONG THE o THEN RTH—EAST CORNER YORKSHIRE WOODS FOR A DISTANCE OF 100.00 FE OF SAID LOT 5 IN YORKSHIRE WOODS;THENCE SOUTH 84 DEGREES 23 MINUTES 27 SECONDS WEST ALONGTHENORTHERLY OR F��T Co��o��6 IN FOR A DISTANCE OF 100.00 FEET TO THE N YORKSHIRE WOODS;THENCE SOUTH 50 DEGREES 18 NRJUIB S 21 SECONDS OF 16S FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6 FOR A TO THE POINT OF BEGINNING,ALL BEING SITUATED IN DUPAGE COUNTY,ILLINOIS' 4 YORKSHIRE DRIVE, OAK BROOK, ILLINOIS 60521 pERM. INDEX NOS. 06-24-105-007 & 06-24-105-008 (subject to tax division) !t EXHIBIT "B" SUBDIVISION PLAT YORKSHIRE GLEN OF OAK BROOK Said Plat has been filed with the Village of Oak Brook, is contained in their official records, has been recorded, and is identified as: TITLE: Yorkshire Glen of Oak Brook PREPARATION DATE: November 10, 2000 LAST REVISION DATE: October 2, 2002 PREPARED BY: Nelson Land Surveying, Inc. RECORDED DATE: 11--I`{ D.,O 0 j. RECORDED NUMBER: Doc:46281/5 7- 1 EXHIBIT "C" RESOLUTION NO. 2001-SD-FP-R-782 Doc:46281/5 13 4 RESOLUTION 2001-SD-FP-R-782 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION KNOWN AS YORKSHIRE GLEN OF OAK BROOK (4 Yorkshire Woods, Oak Brook, IL 60523) WHEREAS, this Board on July 25, 2000 approved the seven-lot Preliminary Plat of Subdivision known as Yorkshire Glen of Oak Brook; and WHEREAS, the Plan Commission of the Village of Oak Brook on March 19, 2001 recommended approval of the Final Plat of Subdivision of the subdivision entitled, "Yorkshire Glen of Oak Brook'; and WHEREAS, the Village President and Board of Trustees considered the recommendation of the Plan Commission and concur with the same, subject to certain conditions; 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That the Final Plat of Subdivision known as Yorkshire Glen of Oak Brook as prepared by Nelson Land Surveying, Inc., dated, as last revised March 23, 2001, legally described as: Parcel 1: Lot 6 in Yorkshire Woods, a subdivision in Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded November 14, 1947 as Document No. 534056, in DuPage County, Illinois. Parcel 2: Lot 4 in Yorkshire Woods, a subdivision in Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded November 14, 1947 as Document No. 534056, and re-recorded as Document 535991, in DuPage County, Illinois. Parcel 3: Lot 4 of Clayton's Assessment Plat, of the Northwest Quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, Illinois, such real estate being hereinafter sometimes referred to as a tract, more fully described as Lot 4 in Clayton's Assessment Plat, a plat of portions of the Northeast Quarter and the Northwest Quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded March 22, 1965 as Document R65-8736, in DuPage County, Illinois. Parcel 4: That part of Lots 1 and 2 in Jerome H. Pacl's Plat of Survey recorded as Document 699211, in the Northwest Quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, State of Illinois, further described as follows: Beginning at the Northeast corner of Lot 5 in Yorkshire Woods, a subdivision in said Section 24, and recorded as Document 535991, said point also being in the West line of aforesaid Lot 1; thence North 84 degrees, 54 minutes East along the North line of Lots 5 and 6 extended a distance of 197.0 feet to a point in the northwesterly right-of-way line of the Illinois State Toll Highway; thence South 31 degrees 16 minutes West along said 14 Resolution 2001-SD-FP-R-782 Approving Final Plat Yorkshire Glen of Oak Brook, Page 2 right-of-way line, a distance of 314.20 feet to a point; thence South 50 degrees 45 minutes West a distance of 40.0 feet to a point in the West line of said Lot 1; thence North 0 degrees 30 minutes West along said West line a distance of 276.40 feet to the point of beginning. Permanent Parcel Nos. 06-24-105-007 and 06-24-105-008. be and is hereby approved subject to the following conditions: (a) That the requirements for street lighting, except at intersections, are waived. (b) That the requirements for sidewalks, except for the installation of a bike path along Harger Road, are waived. (c) That the final plat and final engineering plans be revised as necessary and the same approved by the Village Engineer. (d) That all other requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook, except as waived or limited by this Resolution, shall be applicable to the resubdivision and development of said Yorkshire Glen of Oak Brook Subdivision. PASSED AND APPROVED this 26th day of June 2001, by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows: Ayes: Trustees Butler, Craig, Korin and Savino Nays: None Absent: Trustees Caleel and Miologos Abstain: None Village President lz. Clerk I wDMIN\SSCHMIDTWORDDOC%CRO\YORKSHIRE GLEN.doc s EXHIBIT "D" PLANS Engineering improvement plans and specifications for the Yorkshire Glen Of Oak Brook Subdivision. Said plans and specifications have been duly filed with the Village and are contained in their official records. Said plans and specifications are identified as follows: A. Plans 1. Title: Site Improvement Plans Yorkshire Glen of Oak Brook 2. Date of Preparation: July 28, 2000 3. Last Revision Date: July 4, 2002 4. Prepared by: Eddy- Resner Engineering Consulting Civil Engineers B. Specifications 1. Title: Project Manual for Yorkshire Glen of Oak Brook Subdivision 2. Date of Preparation: June 20, 2001 3. Last Revision Date: None 4. Prepared by: Eddy-Resner Engineering, Inc. Doc:46281/5 /(p EXHIBIT "E" BIDS �I �I Doc:46281/5 17 " Yorkshire Glen Subdivision Itemized Contractor's Bids EXHIBIT C September 10, 2002 APPROX. UNIT NO. ITEM QTY UNIT PRICE AMOUNT I I. TREE CLEARING Homer 1 LS 12,000.00 $12,000 Sub-Total Tree Clearing $12,000.00 II. MASS EARTHWORK IMPROVEMENTS Laser 1 Topsoil Stripping 997 C.Y. 2.50 $2,493 2 Topsoil Respread,6"thick 787 C.Y. 5.00 $3,935 3 Silt Fence& Posts 1240 L.F. 3.00 $3,720 4 Straw Bales&Geo-Fabric 17 EA. 75.00 $1,275 5 Clay Fill 8200 C.Y. 5.00 $41,000 6 Curb Backfill 1140 EA. 1.50 $1,710 7 Fine Grade Roadway 1850 S.Y. 1.75 $3,238 8 Excavate&Backfill Landscape Wall 1 L.S. 3,000.00 $3,000 9 6"dia.pert. Drain pipe w/stone bedding 430 L.F. 8.00 $3,440 10 Relocate sewer spoil to fill 1395 C.Y. 2.00 $2,790 11 Compact 12"x24"aggregate under Wall 32 C.Y. 50.00 $1,600 Sub-Total Mass Earthwork Improvements $68,200.00 III. SANITARY SEWER IMPROVEMENTS Laser 1 Sanitary Sewer,8" PVC SDR 26,2241 395 L.F. 17.00 $6,715 2 Sanitary Sewer,8"DI 20 L.F. 49.00 $980 3 San.MH,Ty A w/Ty 1 Fr&SS Lid 2 EA. 1,560.00 $3,120 4 San. MH,over existing 1 EA. 4,640.00 $4,640 5 Sanitary Sewer service,short 3 EA. 455.00 $1,365 6 Sanitary Sewer service,long 3 EA. 1,100.00 $3,300 7 Trench Backfill 100 L.F. 19.00 $1,900 Sub-Total Sanitary Sewer Improvements $22,020.00 IV. WATERMAIN IMPROVEMENTS Laser 1 DIWM 6" 1315 L.F. 16.00 $21,040 2 Hydrant w/Aux.Valve 2 EA. 2,235.00 $4,470 3 12" dia.sleeve 20 L.F. 21.00 $420 4 6"Valve in Vault 1 EA. 1,290.00 $1,290 5 6"x6" Pressure Connection 2 EA. 3,520.00 $7,040 6 1.5"water service,short 3 EA. 480.00 $1,440 7 1.5"water service,long 3 EA. 1,015.00 $3,045 8 Remove pavement 45 SY 10.00 $450 9 Flowable fill 47 CY 80.00 $3,760 10 Trench Backfill 95 L.F. 13.00 $1,235 Sub-Total Watermain Improvements $44,190.00 10 V. STORM SEWER IMPROVEMENTS Laser JEX IBI T E 1 Storm Sewer, 12" RCP,O-ring 681 L.F. 16.00 $10,896 J,!11 2 Inlet Ty.A w/STD. FR.&GR. (2' DIN 4 EA. 840.00 $3,360 3 Storm MH ,4' Dia. 8 EA. 950.00 $7,600 4 Storm M.H., 5' Dia. 1 EA. 1,375.00 $1,375 5 Storm CB,4' Dia. 3 EA. 1,190.00 $3,570 6 Storm MH ,4' Dia.over exist. 1 EA. 1,300.00 $1,300 7 4" restrictor 40 L.F. 16.00 $640 8 Advantage Drain 606 L.F. 15.00 $9,090 9 Advantage Inlet 4 EA. 370.00 $1,480 10 Storm Sewer, 18" RCP,O-ring 150 L.F. 19.00 $2,850 11 Storm Sewer 6"dia. HDPE 43 L.F. 15.00 $645 12 Storm Sewer 6"dia. PVC SDR 26 228 L.F. 12.00 $2,736 13 Storm Sewer 6" dia. DIP 20 L.F. 20.00 $400 14 Storm Sewer 12" dia. DIP 223 L.F. 24.00 $5,352 15 Trench Backfill 125 C.Y. 16.00 $2,000 Sub-Total Storm Sewer Improvements $53,294 VI. PAVEMENT IMPROVEMENTS Callaghan 1 Agg. Base Course,Ty. B(CA-6)12" 1850 S.Y. 8.40 $15,540 2 Prime Coat 1850 S.Y. 0.50 $925 3 Bit.Concrete Binder Course,2"Cl. 1 1850 S.Y. 6.30 $11,655 4 Bit. Concrete Surface Course, 2"Cl. 1 1850 S.Y. 6.45 $11,933 5 Agg. Base Course, under curb 1050 L.F. 0.50 $525 8'wide Asphalt Path 6 4"Agg.Base 850 L.F. 3.55 $3,018 7 4" Bit Surface Course 760 L.F. 12.65 $9,614 8 Pavement Patch Shoulder 50 S.Y. 37.50 $1,875 9 Curb&Gutter, M-6.12 1050 L.F. 14.15 $14,858 Sub-Total Pavement Improvements $69,941.50 Fulton VII. STREET LIGHTING IMPROVEMENTS 1 Streetlight Complete 1 EA. 6,500.00 $6,500 Subtotal Street Lighting Improvements $6,500.00 VIII. LANDSCAPING IMPROVEMENTS 1 Allan Block Wall 1425 SFF 21.00 $29,925 2 Allan Block Cap 360 SFF 12.00 $4,320 3 Geogrid Fabric 200 S.Y. 8.00 $1,600 4 Green Ash 10 EA. 395.00 $3,950 5 Red Maple 9 EA. 395.00 $3,555 6 Hydroseed 24900 S.Y. 0.95 $23,655 7 Watering until acceptance 1 L.S. 3,000.00 $3,000 8 Fence 360 L.F. 25.00 $9,000 Subtotal Landscaping Improvements $79,005.00 fg Yorkshire Glen Subdivision Summary of Contractor's Bidsib1 September 10, 2002 I. TREE CLEARING $ 12,000.00 II. MASS EARTHWORK IMPROVEMENTS $ 68,200.00 III. SANITARY SEWER IMPROVEMENTS $ 22,020.00 IV. WATERMAIN IMPROVEMENTS $ 44,190.00 V. STORM SEWER IMPROVEMENTS $ 53,294.00 VI. PAVEMENT IMPROVEMENTS $ 69,941.50 VII. STREET LIGHTING IMPROVEMENTS $ 6,500.00 VIII. LANDSCAPING IMPROVEMENTS $ 79,005.00 TOTAL CONTRACTOR'S BIDS $ 355,150.50 BOND AMOUNT @ 110% $ 390,665.55 Zo e EXHIBIT "F" CONTRACT Doc:46281/5 ZI OCT-25-02 FRI 08 :38 -RESIDER----------------- 630 289 9548 P. 02 + DDY=.1R%,ESNER"D/ �NGI1�3�E�N�, INS. CONS�JZ,TING CIVIL ENGZNRS 7914 N. Kingsbury Drive Hanovex Park, IL. 60133 October 25,2002 Mr. Ken jernberg Inland Real Estate&Development 2901 Butterfield Road Oakbrook,II. 60523 Revised Agreement Re: Proposal for Additional Professional Services Yorkshire Glen Subdivision-Oak Brook ER#02-0303 Dear Mr.jernberg Eddy-Resner Engineering,Inc., referred to in this Contract as Frrgineer,is pleased to submit this contract for the following professional services,which are referred to in this Contract as the Services, for INLAND RIW. },sTAT'E&DEVELOPMENT (referred to in this Contract as Client) regarding the property referred to as Yorkshire Glen Subdivision,Oak Brook,IL. The services rendered will be as follows: • Bidding Assistance • Free removal co-ordination • Construction layout for mass earthwork • Construction layout for curb and gutter • Construction layout for sewer and water layout&new hydrant benchmark listing • Construction layout for street light location • Construction layout for landscaping • Engineer review and approval of contractor payout request • Engineer's periodic site inspection • Engineer certification of the quality of the installation of site improvements following the V'illage's CONSULTANT CI IECKLIST FOR SUBDIVISION S.IA.I'T'EMS,Dated 11/30/99 • Generation of Record Drawings on high quality, reproducible Mylar tracings, (full set) with half tone & full tone lines,dated and stamped"record drawings"by EDDY-RESNER ENIGINEERING INC. The drawings shall include items as defined in tine S.I.A.on file,regarding engineering matters,on pages 4&5, item #10; as built locations of water mains sanitary sewers and stoxxn sewers,water, sanitary and storm service line dimensions from two lot comers; as built rim and invert elevations of all sanitary and storm sewers; as built detention facilities-contours or dimensions with cross sections at no less than 50 foot intervals wide 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 the recorded elevations in full tone. The ENGINEER shall provide spot elevations on each side and rear lot line at 25 foot intervals. ENGINEER SHALL PROVIDE CONSTRUCTION STAKING and RELATED SERVICES ON A "TIME AND MATERIAL" BASIS FOR AN AMOUNT NOT TO EXCEED $ 19,900.00 effective from 2/26/02 thru 12/31/03 J. i 630-257-7770 a 630-257-8897/FAX ■ edcl.yresncrr(Mac-A.c.orri -- Z2 OCT-25-02 FRI 08 :39 —RESNER----------------- 630 289 9548 P. 03 s In order for Engineer to continue,Erq�Lneer will need this Contract signed and returned (FAN. Our hourly rates are based on a station to station policy,which includes travel time to and from the project site, &will be billed on a Time and Material basis. Reimbursable expenses include reproductions and special mailings and delivery. EXCLUSIONS Permit fees, Bonds, soil borings, concrete cylinders & compaction Lab testing. Client has ordered the Services for Client or for Client's disclosed principle in this Contract, for whom Client is the duly authorized agent, and who in which case,shall be Client hereunder. All fees and expenses quoted in charged under and following this Contract are predicated upon the following conditions and allocation of risks and obligations set forth in this Contract. Unless otherwise stated in this Contract, Client will have and assumes the sole liability and responsibility for determining whether the quantity and nature of t1v Services are adequate and sufficient for Clienes intended purposes. Unless otherwise stated in this Contract,Engineer will have no duty or obligation to any person other than Client, and in no event will Engineer have any duty or obligation,other than those set forth in this Contract. In the event that Engineer's rendering of all or any part of the Services is delayed due to factors beyond Engineer's reasonable control, including without limitation Engineer's accommodation of the requests or requirements of Client,any governmental or regulatory agency or any third party,Client will pay Engineer any fees and charges that may be applicable to such factors and/or delay, and Engineer will not be liable or responsible for any results or consequences of any such factors or delay. Client will be invoiced on a monthly basis on a percentage of completion and for all amounts due from Client to Engineer. Client will pay each invoice upon completion of services rendered for that month Client may not defer payment for any Services,and Engineer is not extending credit to Client for Client's payment to Engineer for any Services. In any case, Client will pay total amount due at the time the project is complete and picked up by Client. Client will pay Engineer an amount of money equal to the rare of one per cent (1%) per month on all unpaid balances and past due amounts. Client will pay to Engineer, all of Engirneees costs including witness fees,expenses and reasonable attomey's fees incurred by Engineer in any of 32neinee2c o ortr to collect any and all omo,4ntc duo ilxom C Ucnt to Ea6accc%Andcr arul/or purouant to thin (contract. This Contract may be temiinated by either pasty, upon seven (7) days' prior written notice to the other party. In the event of temnination of this Contract,Engineer will be compensated by Client for any and all amounts due to Engineer under and pursuant to this Contract,including without limitation all professional fees for Services rendered,and reimbursable costs and expenses incurred and/or advanced,by Engineer under and pursuant to this Contract and up to and including Engineer's (r) receipt of notice of such texxxunation (if termination is by Client)or(ii)giving of notice of such termination(if termination is by Engineer). The Services will be accomplished by Engineer in a timely and workmanlike manner, in accordance with this 0; retract and with generally accepted professional principles and practices. In rendering the Services,Engineer will use that degree of professional skill and care ordinarily exercised by members z Z3 OCT-25-02 FRI 05 :40 _RESNER----------------- 630 289 9548 P. 04 ' M L of its profession under circumstances similar to those set forth and otherwise called for in this Contract.The representations set forth in this Paragraph are in lieu of all other warranties and representations, either expressed or implied. Statements made in any reports and/or design drawings prepared by Engineer, are opinions based upon professional judgment and are not to be construed as representations of fact. In the event that Engineer and/or any of its directors, officers, employees or agents are found by a court of competent jurisdiction to have been negligent in the performance of the Services,the maximum aggregate amount of damages for which Engineer and/or any of its directors,officers,employees or agents will be liable is and limited to the following sums: One Hundred Thousand Dollars($100,000.00),for construction-related errors; The total amount of the professional fees paid to Engineer for Services performed, for non-construction-related errors. In the event that Client wants Engineer to become involved with activities that are not set forth in this Contract,Engineer would be please to do so,at the following hourly rates: Engineer/Surveyor $100.00 Engineer's Asst'. $65.00 Drafter $65.00 2 person field crew $100.00 Computer Studies $70.00 Office $50.00 1 person field crew $70.00 3 person field crew$150.00 and will be deemed extra to this Contract, including (a) changes to any of the Services that have been previously approved by Client or by any governmental or regulatory agency,which changes are regtured or requested to be made by Client or by any governmental or regulatory agency-,(b)repair and/or reinstitution of any construction stakes or property comers that are destroyed or damaged;(c)landscape plans; (d) all meetings and consultations with Client and/or any governmental or regulatory agency,concemmg any of the Services or the foregoing;(e)changes after completion of construction drawings for first submittal,if arty;and(t) any other professional services not described elsewhere in this Contract In the event that any of the foregoing are required as a result of Engineer's fault, then Engineer shall perform the same without cost to Client. Out-of-pocket costs and expenses, such as blueprinting, soil testing, re-stakiri&use of a structural engineer, delivery services and postage and handling will also be deemed extra to this Contract and will be invoiced to Client at cost AD of the work product prepared by Engineer will remain the sole property of Engineer. Copies of the work product will be provided to Client or to aeries authorized agent,as requested and only after Client pays all of its outstanding invoices to Engineer. If any provision,clause,word or designation of this Contract is held to be invalid by any court of competent jurisdiction, such will be deemed to be excised here from and the same will not affect any other provision, clause,word or designation of this Contract. This Contract will be binding on, benefit of and be enforceable by the parties and their officers, directors, 3 Z4 OCT-25-02 FRI 08 :41 _RESNER_________________ 630 289. 9548 r agents, trustees, partners, heirs, legatees, devisees, beneficiaries, executors, adrninistrators, successors, subsidiaries,divisions,gt=tees,assigns,licensees,irwitees,trustees,guests,mortgagees and/or alienees. We anticipate that this Contract is agreeable with you and are confident that you will be pleased with our services. If you have any questions about any of the items set forth in this Contract,please contact our 04fice immediately. Your 3Wiature on dais Contract will authorize us to proceed with the Services set forth in this Contract DDY ENGINI=:EKING,INC, SENT eri Res By. Vice President Matthew G. Fiascone, Presi ent DATED /d&Z.1 _ Yorkshire Glen, L.L.C., ar_ Illinois limited liability company, by IR);D Development I4lanagenent, Inc. an Illinois corporation, its sole member 4 zs ob CONSULTANT CHECKLIST FOR SUBDIVISION S.I.A. ITEMS 10/23/02 Construction staking Construction inspection Hydrant benchmark listing Record drawing generation, including but not limited to: High quality reproducible mylar tracings—full set—dated and stamped either"as- built" or"record"to Village 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 Z� 11/13/02 14:38 126302184900 INLAND-BAUER 0002/002 J.P. "RICK" CARNEY DUPAGE COUNTY RECORDER NOV.14,2002 2:33 PM OTHER 06—24—105—007 006 PAGES R2002-312109 ABOVE SPACE IS FOR RECORD7N0 PURPOSFR ONLY ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY After recording please send to: \ L-LAGE 0F H. Dan Bauer,Esquire, h7Tl J• ', Li M 1,AA t\I p%-s c/o The Inland Real Estate Group,Inc. Oo 0 AK R Poo 2901 Butterfield Road Oak Brook,Illinois 60523 Property Address: 4 Yorkshire Woods, Oak Brook,Illinois 60523 Permanent Tax Index Number: 06-24-105-007 and 06-24105-008 Dac:5067612 AMERICAN LEGAL FORMS o 1990 Form No.800 Page ) Illinois Power of Attorney Act Official Statutory Form CHICAGO,IL (312)332.1922 755 ILCS 4445/3-3.Effective June,2000 ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY (NOTICE:THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE(YOUR"AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO PLEDGE,SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS FORM AND KEEP A RECORD OF RECEIPTS,DISBURSEMENTS AND SIGNIFICANT ACTIONS TAKEN AS AGENT. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS NOT ACTING PROPERLY. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS FORM BUT NOT CO-AGENTS. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW, UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME DISABLED.THE POWERS YOU GIVE YOUR AGENT ARE EXPLAINED MORE FULLY IN SECTION 3-4 OF THE ILLINOIS"STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY LAW"OF WHICH THIS FORM IS A PART(SEE THE BACK OF THIS FORM).THAT LAW EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF POWER OF ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.) ` lJotuer of �ftotneg made this �2 day of February 2002. (month) (year) W00CL5 13 FREDDY VASQUEZ, SS# 122-58-6121 4 Yorkshire D Oak Brook, IL 6052Y, (insert name and address of principal) hereby appoint: Joseph.:C. Aiuppa, 1301 Prestwick Lane, Itasca, IL 60143 (insert name and address of agent) as my attorney-in-fact (my "agent") to act for me and in my name (in any way I could act in person) with respect to the following powers, as defined in Section 3-4 of the"Statutory Short Form Power of Attorney for Property Law" (including all amendments), but subject to any limitations on or additions to the specified powers inserted in paragraph 2 or 3 below: (YOU MUST STRIKE OUT ANY ONE OR MORE OF THE FOLLOWING CATEGORIES OF POWERS YOU DO NOT WANT YOUR AGENT TO HAVE. FAILURE TO STRIKE THE TITLE OF ANY CATEGORY WILL CAUSE THE POWERS DESCRIBED IN THAT CATEGORY TO BE GRANTED TO THE AGENT.TO STRIKE OUT A CATEGORY YOU MUST DRAW A LINE THROUGH THE TITLE OF THAT CATEGORY.) (a) Real estate transactions. (g) Retirement plan transactions. (1) Business operations. (b) Financial institution transactions. (h) Social Security, employment and military service (m)Borrowing transactions. (c) Stock and bond transactions. benefits. (n) Estate transactions. (d) Tangible personal property transactions. (i) Tax matters. (o) All other property powers and (e) Safe deposit box transactions. (j) Claims and litigation. transactions. (f) Insurance and annuity transactions. (k) Commodity and option transactions. (LIMITATIONS ON AND ADDITIONS TO THE AGENT'S POWERS MAY BE INCLUDED IN THIS POWER OF ATTORNEY IF THEY ARE SPECIFICALLY DESCRIBED BELOW.) 2. The powers granted above shall not include the following powers or shall be modified or limited in the following particulars (here you may include any specific limitations you deem appropriate, such as a prohibition or conditions on the sale of particular stock or real estate or special rules on borrowing by the agent): This Power of Attorney shall be limited to the execution of any and all documents required for the completion and finalization of Yorkshire Glen of Oak Brook Subdivision. , 3. In addition to the powers granted above, I grant my agent the following powers (here you may add any other delegable powers including, without limitation, power to make gifts, exercise powers of appointment, name or change beneficiaries or joint tenants or revoke or amend any trust specifically referred to below): - I'I I (YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS NECESSARY TO ENABLE THE AGENT TO PROPERLY EXERCISE THE POWERS GRANTED IN THIS FORM, BUT YOUR AGENT WILL HAVE TO MAKE ALL DISCRETIONARY DECISIONS. IF YOU WANT TO GIVE YOUR AGENT THE RIGHT TO DELEGATE DISCRETIONARY DECISION-MAKING POWERS TO OTHERS, YOU SHOULD KEEP THE NEXT SENTENCE, OTHERWISE IT SHOULD BE STRUCK OUT.) 4. My agent shall have the right by written instrument to delegate any or all of the foregoing powers involving discretionary decision-making to any person or persons whom my agent may select, but such delegation may be amended or revoked by any agent(including any successor) named by me who is acting under this power of attorney at the time of reference. Page 3 """"E I H. Dan Bauer, Esquire, STREET ADDRESS c/o The Inland Real Estate Group, Inc. STATE 2901 Butterfield Road ZIP IOak Brook, Illinois 60523 OR RECORDER'S OFFICE BOX NO. (The Above Space for Recorder's Use Only) li LEGAL DESCRIPTION: See attached legal description STREET ADDRESS: Vacant land at Harger and Yorkshire Woods Roads PERMANENT TAX INDEX NUMBER 06-24-105-007 and 06-24-105-008 THE SPACE ABOVE IS NOT PART OF OFFICIAL STATUTORY FORM.IT IS ONLY FOR THE AGENT'S USE IN RECORDING THIS FORM WHEN NECESSARY FOR REAL ESTATE TRANSACTIONS. Section 3-4 of the Illinois Statutory Short Form Power of Attorney for Property Law Section 3-4. Explanation of powers granted in the statutory short form power of attorney for property.This Section defines each category of powers listed in the statutory short form power of attorney for property and the effect of granting powers to an agent. When the title of any of the following categories is retained (not struck out) in a statutory property power form, the effect will be to grant the agent all of the principal's rights, powers and discretions with respect to the types of property and transactions covered by the retained category, subject to any limitations on the granted powers that appear on the face of the form.The agent will have authority to exercise each granted power for and in the name of the principal with respect to all of the principal's interests in every type of property or transaction covered by the granted power at the time of exercise, whether the principal's interests are direct or indirect, whole or fractional, legal, equitable or contractual, as a joint tenant or tenant in common or held in any other form; but the agent will not have power under any of the statutory categories (a) through (o) to make gifts of the principal's property, to exercise powers to appoint to others or to change any beneficiary whom the principal has designated to take the principal's interests at death under any will, trust, joint tenancy, beneficiary form or contractual arrangement.The agent will be under no duty to exercise granted powers or to assume control of or responsibility for the principal's property or affairs;but when granted powers are exercised, the agent will be required to use due care to act for the benefit of the principal in accordance with the terms of the statutory property power and will be liable for negligent exercise. The agent may act in person or through others reasonably employed by the agent for that purpose and will have authority to sign and deliver all instruments, negotiate and enter into all agreements and do all other acts reasonably necessary to implement the exercise of the powers granted to the agent. (a) Real estate transactions.The agent is authorized to: buy, sell, exchange, rent and lease real estate (which term includes, without limitation, real estate subject to a land trust and all beneficial interests in and powers of direction under any land trust); collect all rent, sale proceeds and earnings from real estate; convey, assign and accept title to real estate; grant easements, create conditions and release rights of homestead with respect to real estate; create land trusts and exercise all powers under land trusts;hold,possess,maintain,repair,improve,subdivide, manage,operate and insure real estate;pay,contest,protest and compromise real estate taxes and assessments; and, in general, exercise all powers with respect to real estate which the principal could if present and under no disability. (b) Financial institution transactions. The agent is authorized to: open, close, continue and control all accounts and deposits in any type of financial institution (which term includes, without limitation, banks, trust companies, savings and building and loan associations, credit unions and brokerage firms); deposit in and withdraw from and write checks on any financial intitution account or deposit;and, in general, exercise all powers with respect to financial institution transactions which the principal could if present and under no disability. (c) Stock and bond transactions.The agent is authorized to: buy and sell all types of securities(which term includes, without limitation, stocks, bonds, mutual funds and all other types of investment securities and financial instruments);collect,hold and safekeep all dividends,interest,earnings,proceeds of sale,distributions,shares,certificates and other evidences of ownership paid or distributed with respect to securities; exercise all voting rights with respect to securities in person or by proxy, enter into voting trusts and consent to limitations on the right to vote;and, in general,exercise all powers with respect to securities which the principal could if present and under no disability. I,TUUK ",0l WILL bL tNIIILtU I KtIMCUKJtMtNI rUK ALL Kt AJUINAbLt tXrtNJtJ IN(-UKKtU IN ALIINU UNDER IHlb f UWER Uh AHURN EY. STRIKE OUT THE NEXT SENTENCE IF YOU DO NOT WANT YOUR.AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR SERVICES AS AGENT.) 5.- My agent shall be entitled to reasonable compensation for services rendered as agent under this power of attorney. (THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY TIME AND IN ANY MANNER.ABSENT AMENDMENT OR REVOCATION,THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH UNLESS A LIMITATION ON THE BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER (OR BOTH) OF THE FOLLOWING:) 6. ( ) This power of attorney shall become effective on February 8, 2002 (insert a future date or event during your lifetime,such as court determination of your disability,when you want this power to first take effect) 7. ( ) This power of attorney shall terminate on February 8, 2012 (insert a future date or event, such as court determination of your disability,when you want this power to terminate prior to your death) (IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND ADDRESS(ES) OF SUCH SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.) 8. If any agent named by me shall die, become incompetent, resign or refuse to accept the office of agent, I name the following (each to act alone and successively, in the order named) as successor(s) to such agent: Anthony J. Aiuppa, 910 N. 22nd Avenue, Melrose Park, Illinois 60160 For purposes of this paragraph 8, a person shall be considered to be incompetent if and while the person is a minor or an adjudicated incompetent or disabled person or the person is unable to give prompt and intelligent consideration to business matters, as certified by a licensed physician. (IF YOU WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR ESTATE, IN THE EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY RETAINING THE FOLLOWING PARAGRAPH.THE COURT WILL APPOINT YOUR AGENT IF THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. STRIKE OUT PARAGRAPH 9 IF YOU DO NOT WANT YOUR AGENT TO ACT AS GUARDIAN.) 9. If a guardian of my estate(my property)is to be appointed, I nominate the agent acting under this ower Otto ey as such guardian,to serve without bond or security. 10. 1 am fully informed as to all the contents of this form and understand the full i rt of grant powers to my agent. Signed Y SQUEZ (principal) (YOU MAY,BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW.IF YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS.) Speci n s natures of a ent (and successo s) I certify that the•st'�i�tur of y agent (and successors) are correct. X✓ �� g H AIUPPA gent) IF S (principal) i ' X LANTHONY,,V,--AI,UP P (suers a ) (principal) (successor agent) (principal) (THIS POWER OF ATTORNEY WILL NOT BE EFFECTIVE UNLESS IT IS NOTARIZED AND SIGNED BY AT LEAST ONE ADDITIONAL WITNESS,USING THE FORM BELOW.) State of ILLINOIS 1 COOK ) SS. County of ) FREDDY VASQUEZ The undersigned,a notary public in and for the above county and state,certifies that known to me to be the same person whose name is subscribed as principal to the foregoing power of attorney, appeared before me and the additional witness in person and acknowledged signing and delivering the instrument as the free and voluntary act of the principal,for the uses rposes therein set forth(,and..certified to the correctness of the signature(s)of the agent(s)). Dated: a � aBARON(�AH)4RMON Notary Public, State cf Illinois My commission expires Nolary p�bha a My Commission Exoi-es 09.106!05 EDDY VASQUEZ The undersi ;��a,� ifja� known to me to be the same person whose name is subscribed as principal to the foregoing.power of attorney, are - efore m and the notary public and acknowledged signing and delivering the instru ent as the tree and voluntary act of the principal,for the uses and purposes t se orih. eliev aim or her to be of sound mind and memory. Dated:_ /� O 1—:_ (SEAL) Witness _ (THE NAME AND ADDRESS OF THE PERSON PREPARING THIS FORM SHOULD BE 14SERTED IF THE AGENT WIL AV WER TO CONVEY ANY INTEREST IN REAL ESTATE.) This document was prepared by: BARON DAVID HARMON, Attorney at Law, 30 E. North Ave. , Northlake, IL 60164 (708) 562-1076 Page 2 (d) Tangible personal property transactions.The agent is authorized to:buy and sell,lease,exchange,collect,possess and take title to all tangible personal property; move, store, ship, restore, maintain, repair, improve, manage, preserve, insure and safekeep tangible personal property; and, in general, exercise all powers with respect to tangible personal property which the principal could if present and under no disability. (e) Safe deposit box transactions.The agent is authorized to:open,continue and have access to all safe deposit boxes; sign, renew, release or terminate any safe deposit contract; drill or surrender any safe deposit box; and, in general, exercise all powers with respect to safe deposit matters which the principal could if present and under no disability. (f) Insurance and annuity transactions.The agent is authorized to: procure, acquire, continue, renew, terminate or otherwise deal with any type of insurance or annuity contract(which terms include, without limitation, life, accident, health, disability, automobile casualty, property or liability insurance); pay premiums or assessments on or surrender and collect all distributions,proceeds or benefits payable under any insurance or annuity contract;and,in general,exercise all powers with respect to insurance and annuity contracts which the principal could if present and under no disability. (g) Retirement plan transactions.The agent is authorized to:contribute to, withdraw from and deposit funds in any type of retirement plan (which term includes, without limitation,any tax qualified or nonqualified pension, profit sharing, stock bonus, employee savings and other retirement plan, individual retirement account, deferred compensation plan and any other type of employee benefit plan); select and change payment options for the principal under any retirement plan; make rollover contributions from any retirement plan to other retirement plans or individual retirement accounts; exercise all investment powers available under any type of self-directed retirement plan; and, in general, exercise all powers with respect to retirement plans and retirement plan account balances which the principal could if present and under no disability. (h) Social Security, unemployment and military service benefits.The agent is authorized to: prepare, sign and file any claim or application for Social Security, unemployment or military service benefits; sue for, settle or abandon any claims to any benefit or assistance under any federal, state, local or foreign statute or regulation; control, deposit to any account, collect, receipt for, and take title to and hold all benefits under any Social Security, unemployment, military service or other state, federal, local or foreign statute or regulation; and, in general, exercise all powers with respect to Social Security, unemployment, military service and governmental benefits which the principal could if present and under no disability. (i) Tax matters.The agent is authorized to:sign, verify and file all the principal's federal, state and local income,gift,estate, property and other tax returns, including joint returns and declarations of estimated tax; pay all taxes;claim,sue for and receive all tax refunds;examine and copy all the principal's tax returns and records; represent the principal before any federal, state or local revenue agency or taxing body and sign and deliver all tax powers of attorney on behalf of the principal that may be necessary for such purposes;waive rights and sign all documents on behalf of the principal as required to settle,pay and determine all tax liabilities;and, in general,exercise all powers with respect to tax matters which the principal could if present and under no disability. (j) Claims and litigation. The agent is authorized to: institute, prosecute, defend, abandon, compromise, arbitrate, settle and dispose of any claim in favor of or against the principal or any property interests of the principal;collect and receipt for any claim or settlement proceeds and waive or release all rights of the principal; employ attorneys and others and enter into contingency agreements and other contracts as necessary in connection with litigation; and, in general, exercise all powers with respect to claims and litigation which the principal could if present and under no disability. (k) Commodity and option transactions. The agent is authorized to: buy, sell, exchange, assign, convey, settle and exercise commodities futures contracts and call and put options on stocks and stock indices traded on a regulated options exchange and collect and receipt for all proceeds of any such transactions;establish or continue option accounts for the principal with any securities or futures broker;and, in general, exercise all powers with respect to commodities and options which the principal could if present and under no disability. (1) Business operations.The agent is authorized to:organize or continue and conduct any business(which term includes,without limitation,any farming, manufacturing, service, mining, retailing or other type of business operation) in any form, whether as a proprietorship, joint venture, partnership, corporation, trust or other legal entity; operate, buy,sell,expand,contract,terminate or liquidate any business;direct,control,supervise, manage or participate in the operation of any business and engage,compensate and discharge business managers, employees, agents, attorneys, accountants and consultants; and, in general, exercise all powers with respect to business interests and operations which the principal could if present and under no disability. (m) Borrowing transactions.The agent is authorized to: borrow money; mortgage or pledge any real estate or tangible or intangible personal property as security for such purposes; sign, renew, extend, pay and satisfy any notes or other forms of obligation; and, in general, exercise all powers with respect to secured and unsecured borrowing which the principal could if present and under no disability. (n) Estate transactions.The agent is authorized to:accept, receipt for, exercise, release, reject, renounce, assign, disclaim, demand, sue for, claim and recover any legacy, bequest, devise, gift or other property interest or payment due or payable to or for the principal; assert any interest in and exercise any power over any trust, estate or property subject to fiduciary control; establish a revocable trust solely for the benefit of the principal that terminates at the death of the principal and is then distributable to the legal representative of the estate of the principal;and, in general, exercise all powers with respect to estates and trusts which the principal could if present and under no disability; provided, however, that the agent may not make or change a will and may not revoke or amend a trust revocable or amendable by the principal or require the trustee of any trust for the benefit of the principal to pay income or principal to the agent unless specific authority to that end is given, and specific reference to the trust is made, in the statutory property power form. (o) All other property powers and transactions.The agent is authorized to:exercise all possible powers of the principal with respect to all possible types of property and interests in property, except to the extent the principal limits the generality of this category(o) by striking out one or more of categories(a)through(n)or by specifying other limitations in the statutory property Dower form. AMERICAN LEGAL FORMS O 1990 Form No.800 Page 4 CHICAGO,IL (312)332-1922 LEGAL DESCRIPTION PARCEL 1: LOT 6 IN YORKSHIRE WOODS, A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 14, 1947 AS DOCUMENT NO. 534056, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: LOT 4 IN YORKSHIRE WOODS, A SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 14, 1947 AS DOCUMENT 534056, AND RE-RECORDED AS DOCUMENT 535991, IN DUPAGE COUNTY, ILLINOIS. PARCEL 3: LOT 4 OF CLAYTON'S ASSESSMENT PLAT, OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS, SUCH REAL ESTATE BEING HEREINAFTER SOMETIMES REFERRED TO AS A TRACT, MORE FULLY DESCRIBED AS LOT 4 IN CLAYTON'S ASSESSMENT PLAT, A PLAT OF PORTIONS OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 22, 1965 AS DOCUMENT R65-8736, IN DUPAGE COUNTY, ILLINOIS. PARCEL 4: THAT PART OF LOTS 1 AND 2 IN JEROME H. PACL'S PLAT OF SURVEY RECORDED AS DOCUMENT 699211, IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, STATE OF ILLINOIS, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 5 IN YORKSHIRE WOODS, A SUBDIVISION IN SAID SECTION 24, AND RECORDED AS DOCUMENT 535991, SAID POINT ALSO BEING IN THE WEST LINE OF AFORESAID LOT 1; THENCE NORTH 84 DEGREES 54 MINUTES EAST ALONG THE NORTH LINE OF LOTS 5 AND 6 EXTENDED A DISTANCE OF 197.0 FEET TO A POINT IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL HIGHWAY; THENCE SOUTH 31 DEGREES 16 MINUTES WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 314.20 FEET TO A POINT; THENCE SOUTH 50 DEGREES 45 MINUTES WEST A DISTANCE OF 40.0 FEET TO A POINT IN THE WEST LINE OF SAID LOT 1; THENCE NORTH 0 DEGREES 30 MINUTES WEST ALONG SAID WEST LINE A DISTANCE OF 276.40 FEET TO THE POINT OF BEGINNING. Doc:50669/1 y F J.P. "RICK" CARNEY DUPAGE COUNTY RECORDER NOV.14,2002 2:33 PM OTHER 06-24-105—007 004 PAGES R2002-312110 (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 2001-SD-FP-R-782 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION KNOWN AS YORKSHIRE GLEN OF OAK BROOK (4 Yorkshire Woods Oak Brook, IL 60523) Property Address/es 4 YORKSHIRE WOODS OAK BROOK IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) Pin/s Number 06-24-105-007 AND 06-24-105-008 Name &Address of Applicant YORKSHIRE GLEN L.L.C. 2901 BUTTERFIELD ROAD OAK BROOK IL 60523 Name &Address of Responsible INLAND REAL ESTATE DEVELOPMENT CORPORATION Party to Receive Recorded ATTENTION: MR. ANTHONY CASACCIO Document and Billing: 2901 BUTTERFIELD ROAD OAK BROOK IL 60523 G/L Account# to be Charged 10-1365 Prepared By: Village of Oak Brook Return o: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): N/A G/L Account#to be Charged RESOLUTION 2001-SD-FP-R-782 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION KNOWN AS YORKSHIRE GLEN OF OAK BROOK (4 Yorkshire Woods, Oak Brook, IL 60523) WHEREAS, this Board on July 25, 2000 approved the seven-lot Preliminary Plat of Subdivision known as Yorkshire Glen of Oak Brook; and WHEREAS, the Plan Commission of the Village of Oak Brook on March 19, 2001 recommended approval of the Final Plat of Subdivision of the subdivision entitled, "Yorkshire Glen of Oak Brook'; and WHEREAS, the Village President and Board of Trustees considered the recommendation of the Plan Commission and concur with the same, subject to certain conditions; 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• That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That the Final Plat of Subdivision known as Yorkshire Glen of Oak Brook as prepared by Nelson Land Surveying, Inc., dated, as last revised March 23, 2001, legally described as: Parcel 1: Lot 6 in Yorkshire Woods, a subdivision in Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded November 14, 1947 as Document No. 534056, in DuPage County, Illinois. Parcel 2: Lot 4 in Yorkshire Woods, a subdivision in Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded November 14, 1947 as Document No. 534056, and re-recorded as Document 535991, in DuPage County, Illinois. Parcel 3: Lot 4 of Clayton's Assessment Plat, of the Northwest Quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, Illinois, such real estate being hereinafter sometimes referred to as a tract, more fully described as Lot 4 in Clayton's Assessment Plat, a plat of portions of the Northeast Quarter and the Northwest Quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded March 22, 1965 as Document R65-8736, in DuPage County, Illinois. Parcel 4: That part of Lots 1 and 2 in Jerome H. Pacl's Plat of Survey recorded as Document 699211, in the Northwest Quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, State of Illinois, further described as follows: Beginning at the Northeast corner of Lot 5 in Yorkshire Woods, a subdivision in said Section 24, and recorded as Document 535991, said point also being in the West line of aforesaid Lot 1; thence North 84 degrees, 54 minutes East along the North line of Lots 5 and 6 extended a distance of 197.0 feet to a point in the northwesterly right-of-way line of the Illinois State Toll Highway; thence South 31 degrees 16 minutes West along said Resolution 2001-SD-FP-R-782 Approving Final Plat Yorkshire Glen of Oak Brook, Page 2 right-of-way line, a distance of 314.20 feet to a point; thence South 50 degrees 45 minutes West a distance of 40.0 feet to a point in the West line of said Lot 1; thence North 0 degrees 30 minutes West along said West line a distance of 276.40 feet to the point of beginning. Permanent Parcel Nos. 06-24-105-007 and 06-24-105-008. be and is hereby approved subject to the following conditions: (a) That the requirements for street lighting, except at intersections, are waived. (b) That the requirements for sidewalks, except for the installation of a bike path along Harger Road, are waived. (c) That the final plat and final engineering plans be revised as necessary and the same approved by the Village Engineer. (d) That all other requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook, except as waived or limited by this Resolution, shall be applicable to the resubdivision and development of said Yorkshire Glen of Oak Brook Subdivision. PASSED AND APPROVED this 26th day of June , 2001, by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows: Ayes: Trustees Butler, Craig, Korin and Savino Nays: None Absent: Trustees Caleel and Miologos Abstain: None OF O,-j/, ,.7 Village President jus� C: f MM 5 \F CO" L� Clerk I:WDMIN\SSCHMIDTWORDDOC\ORD\YORKSHIRE GLEN.doc i STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, 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 June 26. 2001 . the corporate authorities of the above municipality passed and approved Resolution 2001-SD-FP-R-782 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION KNOWN AS YORKSHIRE GLEN OF OAK BROOK (4 Yorkshire Woods, Oak Brook, IL 60523) I DO FURTHER CERTIFY that the original documents, 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 11th day of November , 20 02 . Linda k. Gonnella CMC Village Clerk art. � •�__. :� Village of Oak Brook �' t�,, "3 yam.-� DuPage and Cook Counties, IL i J.P. "RICK" CARNEY OUPAGE COUNTY RECORDER NOV.14,2002 2:33 PM OTHER 06—24-105—007 036 PAGES R2002-312113 3� (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 RESTRICTIONS EASEMENTS AND RIGHTS OF YORKSHIRE GLEN OF OAK BROOK SUBDIVISION Property Address/es 4 YORKSHIRE WOODS OAK BROOK IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) Pin/s Number 06-24-105-007 AND 06-24-105-008 Name &Address of Applicant YORKSHIRE GLEN L.L.C. 2901 BUTTERFIELD ROAD OAK BROOK IL 60523 Name &Address of Responsible INLAND REAL ESTATE DEVELOPMENT CORPORATION Party to Receive Recorded ATTENTION: MR. ANTHONY CASACCIO Document and Billing: 2901 BUTTERFIELD ROAD OAK BROOK IL 60523 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 of Consideration (when applicable): N/A G/L Account#to be Charged { t DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF YORKSHIRE GLEN OF OAK BROOK SUBDIVISION THIS INSTRUMENT PREPARED BY: H.Dan Bauer,Esq. The Inland Real Estate Group, Inc. 2901 Butterfield Road Oak Brook,Illinois 60523 RETURN AFTER RECORDING TO: Linda K. Gonnella Village Clerk Village of Oak Brook 1200 Oak Brook Road Oak Brook,Illinois 60523 PERMANENT INDEX NUMBERS: 06-24-105-007 06-24-105-008 �J ' !I 1 IT 6 . OC Doc:46348/3 --"` vi;i 4GF OF -J �i TABLE OF CONTENTS Section Page 1. Land Use and Building Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Prohibition or Regulation of Certain Activities and Other Matters . . . . . . . . . . . . . . . . . . 1 3. Architectural and Landscaping Controls . . . . . . . . . . . . . 3 4. Submission of Plans and Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Owner's Individual Maintenance Obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. Temporary Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8. Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9. Utility Lines Underground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10. Design Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11. Jurisdiction of Village of Oak Brook; Building Permits and Other Matters . . . . . . . . . . . 5 12. Private Road Easement and Maintenance of Road and Other Areas . . . . . . . . . . . . . . . . . 6 13. Yorkshire Glen of Oak Brook Homeowners Association . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14. Maintenance Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15. No Entrance from Lots to Harger Road and Yorkshire Woods . . . . . . . . . . . . . . . . . . . . . 15 16. Detention Easement, Lots 1, 2, 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 17. Duration of Declarations and Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 18. Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 19. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 20. Partial Invalidity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21. Covenants,Conditions, Restrictions,Easements and Rights Running with Land . . . . . . . 17 Doc:46348/3 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF YORKSHIRE GLEN OF OAK BROOK SUBDIVISION YORKSHIRE GLEN, L.L.C., an Illinois limited liability company, being the owner (hereinafter referred to as "Owner") of the property described in Exhibit "A" attached hereto and made a part hereof(hereinafter referred to as "Lot(s)"), does hereby grant, establish, declare and confirm the covenants,restrictions and easements set forth below in this Declaration of Covenants, Conditions, Restrictions, Easements and Rights of Yorkshire Glen of Oak Brook Subdivision ("Declaration"): Section 1. Land Use and Building Type. All Lots shall be used for single family private residence purposes only, (including servants' quarters) and no dwellings other than a single family private residence, which may include servants' quarters, shall at any time be constructed or maintained. No business of any kind or nature whatsoever shall be permitted or carried on;however, home occupations shall be permitted, such as by attorneys, architects, salespersons, computer operators, mail order offices and engineers, provided that there are no employees working on the premises,no regular deliveries and no regular visits to the premises by clients, customers or others related to the home occupation and said home occupation complies with all local ordinances. No building other than a private residence with attached garage shall be constructed, except patios, below ground swimming pools, tennis courts, gazebos and other landscape structures properly appurtenant to a quality residence and consistent with the character of the Yorkshire Glen of Oak Brook subdivision (hereinafter referred to as the "Subdivision"). No more than one (1) residence shall be erected or maintained on any Lot. Each residence shall contain no less than three thousand (3,000) square feet of living area unless waived by Owner or by the Committee hereafter referred to in Section 3 hereof. Section 2. Prohibition or Regulation of Certain Activities and Other Matters. (a) No activities shall be carried on in the Subdivision which unreasonably annoy or disturb others, or are likely to unreasonably annoy and disturb others. (b) No animals, livestock,poultry or bees, of any kind, shall be raised,bred or kept on any Lot except that dogs, cats and other household pets are permitted if such dogs, cats or other household pets are not kept,bred or maintained for any commercial purposes; provided,however, that any homeowner may pursue the breeding of any such permitted pets as a hobby,but not more than three (3) adult dogs and three (3) adult cats may be kept on any one (1) Lot or group of Lots under common ownership; provided further, all dogs, cats and household pets shall be confined to the premises of the owner thereof. (c) No refuse or waste materials shall be permitted to accumulate or be burned. Doc:46348/3 -I- (d) No truck or other commercial vehicle shall be permitted upon any Lot except when said truck or commercial vehicle is actually delivering,unloading or loading personal property to and from the premises or except for any truck or commercial vehicle which is restricted to the interior confines of a private garage, the intention being to prevent unnecessary, excessive and continuous open parking of trucks or commercial vehicles upon any Lots. No automobile or motorcycle shall be parked outside overnight. (e) No boats or boat trailers,hauler trailers,travel trailers,motorized homes,recreational vehicles or buses shall be maintained or parked on any part of said property unless restricted to the interior confines of a private garage. (f) No snowmobile,dune buggy or similar motorized device may be operated anywhere within the Subdivision. (g) There shall not be more than one (1) nameplate on each residence. Style, size and location of nameplates shall be prescribed by the Owner. (h) Laundry shall not be dried outdoors. (i) Flagpoles may be permitted by Owner,but no flagpole shall have a height in excess of twenty-five(25)feet, and any such permitted flagpole shall be used solely for the display of the American flag. 0) No bicycles, tricycles or toys shall be left overnight in the front yard of any Lot. (k) No visible or above ground oil or gas tanks for fuel or other purposes shall be erected or maintained on any Lot. (1) The portion of the roads within or adjacent to Lots must be kept clean at all times. If any dirt or debris is deposited on the roadway by any vehicle entering or leaving any construction site in the Subdivision, the contractor or builder responsible shall cause such dirt of debris to be promptly removed or cleaned. Such dirt or debris is not permitted to remain or accumulate for periodic or"end of the day"removal. (m) Contractors and builders and/or their subcontractors or agents are not permitted to erect or set up any equipment or apparatus(such as cranes,pumps,etc.)on Glen Court. If especially exigent circumstances require a short term set-up of such equipment or apparatus,written permission must be secured from Owner or the Committee hereafter referred to. (n) Construction parking is not permitted on Glen Court. Nothing in subparagraphs(d) and(e)hereof,however,shall prevent the presence of any of the vehicles referred to therein on any Lot when such presence is limited to daytime hours and such presence is not maintained on a regular basis. Doc:46348/3 -2- Section 3. Architectural and Landscaping Controls. The Owner has the right to establish architectural and landscaping controls for the purpose of creating a residential community in which each home is attractive and pleasing in design and for the purpose of regulating and encouraging building styles and landscaping within the Subdivision which incorporate a pleasing variety of designs,materials and colors that are compatible. Each home must be custom designed as an entity in itself, to express its own personality, authenticity in architecture and the charm and character of its architecture. No building, outbuilding, detached structure, storage shed, garage, landscape structure,recreational structure,fence,wall,hedge,obstruction,utility box,outdoor lighting fixture, air conditioning unit, tent or other structure shall be commenced, erected or maintained, nor shall any addition to,or change or alteration,if any,of the foregoing be made,nor shall any exterior color changes be made until the plans and specifications therefor shall have been submitted to the Owner and approved by the Owner in writing. Said plans and specifications shall show the nature, kind, shape, height, materials, color scheme and location on the Lot. In addition, there shall also be submitted for prior written approval, landscaping and grading plans which shall show clearly in reasonable detail all proposed grading and landscaping. Owner has the right to refuse to approve any construction plans or specifications,and any landscape and grading plans and specifications,which in Owner's judgment do not comply with the architectural and landscaping controls. There shall be no planting, growth or structure permitted that would have the effect of physically or visually obstructing, defining or delineating any Lot boundary contiguous to any other Lot or any common areas. No structure, facility or planting shall be constructed or placed on a Lot (or group of Lots under common ownership or control) nor shall any existing structure or facility be altered in any manner that significantly alters the drainage pattern of such property and adversely affects other property. Owner has the right in making a judgment as to the giving or withholding of approval of plans and specifications submitted to the Owner to consider the desirability of the proposed construction,landscaping and grading in relation to other homes and other landscaping and grading in the Subdivision and to consider the character and qualities of the residential development existing or being created within the Subdivision. Owner has the right to appoint an Architecture and Landscape Committee (hereinafter referred to as the "Committee") for the purpose of reviewing plans and designs and making recommendations to the Owner. Owner may elect,from time to time, to delegate its responsibilities hereunder to said Committee. Such Committee may be composed of persons with special expertise and may be made up of owner or non-owners of Lots, or a combination thereof, in the discretion of Owner. Owner or said Committee has a right to charge reasonable fees for such plan and design review and to pay out such fees for professional services used in connection with said plan and design review. Section 4. Submission of Plans and Specifications. All plans, specifications and supporting and related materials for which the approval of Owner(or the Committee referred to in Section 3 hereof) is required shall be delivered to the Owner or said Committee together with the payment of the fee established by the Owner or the Committee. Owner or the Committee shall approve, or disapprove, the submitted materials as soon as practicable, but written approval or disapproval shall in any event be given within thirty (30) days after all the materials reasonably required have been delivered to Owner or the Committee. If Owner or the Committee disapproves any submitted materials or if Owner or the Committee requires a modification of any kind, Owner Doc:46348/3 -3- or the Committee shall within said thirty (30) day period inform the person who submitted such materials of the reasons for disapproval or any requirement that changes be made; however, notwithstanding the obligation to abate the reason or reasons for disapproval or for the required modifications, the decision of Owner or the Committee reasonably made shall be conclusive and binding on all parties. If Owner or the Committee does not approve, or disapprove, or require a modification within the aforesaid thirty (30) day period, then at the expiration of said period, the materials submitted shall be deemed to have been fully approved and the person who has submitted the materials thus deemed to have been approved by lapse of time shall have the right to proceed as if written approval of Owner or the Committee has been procured. It is agreed that approval by Owner or the Committee shall not be deemed approval or verification of the structural integrity or viability of any structure or improvement to be added to a Lot. Section 5. Owner's Individual Maintenance Obligation. Each Lot owner is responsible for the maintenance of his Lot and the exterior of all improvements thereon. This responsibility shall be known as the "Owner's Maintenance Obligation." If any Lot owner defaults in Owner's Maintenance Obligation,Owner and the Yorkshire Glen Homeowners Association,hereafter referred to as the"Association,"are granted all rights and powers,including right of entry onto the property necessary to perform such reasonable repairs, maintenance, rehabilitation or restoration as in Owner's or said Association's opinion, may be necessary to correct such default. All cost and expense incurred in the performance of any such work shall be charged to the defaulting Owner(s) of Record and shall constitute a lien against said Owner(s) of Record's property enforceable by Owner or the Association as set forth in Section 14(k)hereof. It is further agreed that in the event that Owner or said Association exercises Owner's or said Association's rights pursuant to this Section, said Owner(s) of Record will defend, indemnify and hold harmless Owner or said Association from all damages and will reimburse Owner or said Association for expenses and costs arising, directly or indirectly, out of the performance of such work by Owner or said Association, as applicable. Such Lot owner hereby waives any rights, claims or suits or the right to damages, expenses or costs from Owner or the Association, as the case may be,arising,directly or indirectly, from any work performed by Owner or said Association pursuant to this Agreement. Section 6. Temporary Structures. No trailer, shack, garage or temporary building or structure of any kind shall be used at any time as either a temporary or permanent residence. Construction trailers and temporary buildings or structures may be located on a Lot only because the convenience or necessity of the contractor in charge of construction requires their use, and all such trailers, temporary buildings or other structures shall be removed from the Lot promptly upon completion of the home. No tent may be erected or maintained until after the main residence has been completed and then only: (a) a small tent(such as a"pup tent") for use of the residents of the house and their guests and not for more than three (3) consecutive days; or(b) a larger, temporary tent for a special event, such as a wedding. Section 7. Fences. Except for the outside perimeter property lines of the Subdivision, fences over eighteen (18) inches in height are not permitted on any Lot except fences to protect swimming pools,for dog runs, and to screen patios,air conditioning equipment,utility and garbage Doc:46348/3 -4- areas. No fence shall be erected except with permission of Owner or the Committee. As with all elements, the fence should enhance rather than detract from the overall appearance of the Subdivision and the Lot upon which it is located. The use of natural plantings as fencing and screening materials is encouraged and may be required by Owner or the Committee. Village of Oak Brook("Village") ordinances also regulate fences. Section 8. Signns. During the period when construction is being performed and only after issuance of a permit by Owner or the Committee,one(1)ground sign may be erected on a Lot. The sign shall not exceed five(5)feet in height or twelve(12)square feet in area and may not be located closer than ten (10) feet from any Lot line. The sign may display only the names, addresses and telephone numbers of the architect and builder and must be removed upon occupancy of the house. No other sign is permitted on any Lot at any time except nameplates as provided in Section 2(g) hereof. Village ordinances may also regulate signs. Section 9. Utility Lines Underground. All gas, electric, cable and telephone lines and facilities shall be underground except necessary above ground appurtenances. Section 10. Design Guidelines. The following design guidelines will be strictly adhered to when reviewing all landscape plans: (a) Prior written approval is required before any existing trees,shrubs or hedgerows can be removed or relocated. Reasonable efforts must be made to retain all existing plant materials in their natural state; and (b) All lawn areas are to be sodded within sixty(60)days after the home is substantially completed or within thirty(30)days after the home is occupied,whichever is sooner, provided that the weather permits the sod to be installed within such time period. If weather causes a delay in the installation of sod for more than thirty(30)days after the home is subsequently completed,said sod is to be installed within thirty(30)days after the beginning of the period when weather would permit the installation of sod. At all times prior to installation of sod, steps will be taken to minimize erosion. Section 11. Jurisdiction of Village-, Building Permits and Other Matters. Approval by Owner or the Committee will be evidence only that plans meet the requirements of the Subdivision. Owner's or the Committee's approval cannot be considered as implied approval of any Village ordinance, code or other requirements established by the Village. In addition, the Village has or may have, from time to time, 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 of Owner or the Committee and in the event of a conflict between the terms and provisions of this Declaration and/or the requirements of Owner or the Committee and provisions of the ordinances, codes or regulations, the provisions of such ordinances, codes or regulations shall prevail. Doc:46348/3 -5- , Section 12. Private Road Easement and Maintenance of Road and Other Areas. (a) A non-exclusive easement is hereby granted for ingress and egress across, over and upon a private road shown on the plat of subdivision of the Subdivision as "Glen Court." Said easement is for the concurrent benefit and use of the Owner(s) of Record of Lots 1 through 6, inclusive, in the Subdivision and in favor of the Association. Said easement also is granted to the Village for use by its police, fire, ambulance and other emergency vehicles and any of its officials or employees. (b) The Association shall be responsible for the upkeep,maintenance,repair,restoration and replacement of Glen Court, including, without limitation,keeping Glen Court reasonably free from snow, ice and other obstructions,and shall further be responsible for the maintenance,repair, restoration and replacement of the entrance structures at Yorkshire Woods,lighting of said entrance structure,installation ofberms and retaining walls within the Subdivision,installation,maintenance and replacement of all landscaping within Glen Court and adjacent to Harger Road,the installation, maintenance,repair and replacement of all storm sewers and other storm water facilities within the Subdivision,the maintenance,repair and replacement of all detention and retention facilities within the Subdivision and for the maintenance of insurance against liability arising out of the obligations, acts and omissions of the Association. Section 13. Yorkshire Glen of Oak Brook Homeowners Association. (a) Owner shall cause to be created the "Yorkshire Glen of Oak Brook Homeowners Association," an Illinois not-for-profit corporation, which shall be the governing body for all Owner(s) of Record (hereinafter defined) in the Subdivision. The Association shall have such powers as may be reasonably necessary to enforce the restrictions and covenants set forth in this Declaration and as may be reasonably required to implement the purposes set forth herein,including the right to levy regular and special assessments as set forth in Section 14 and to enforce same pursuant to Section 14(k)hereof. The Association shall exercise all powers necessary to fulfill its obligations as set forth in this Declaration. The Association, its officers, employees, agents and contractors shall have access across, over,upon,under and along Glen Court and all detention and utility easement areas and reasonable access thereto across the Lots in order to accomplish the duties, responsibilities and obligations of the Association provided in this Declaration. The Association shall have the power to make other rules and regulations with respect to the Subdivision as it may determine.All owners shall be subject to the rules,regulations and assessments promulgated by the Association whether or not said owner voted in favor of such rule,regulation or assessment.Unless Owner otherwise agrees, the Association shall succeed to the rights and responsibilities of Owner hereunder no later than the Turnover Date (hereinafter defined) of the Association. (b) Every person or entity who is an Owner(s) of Record of a Lot in the Subdivision or who is the beneficiary of a land trust holding title to a Lot in the Subdivision shall be a member of the Association irrespective of the inclusion, exclusion, the incorporation by reference, or any specific expression or lack thereof to that effect in the deed or other documents of conveyance. Doc:46348/3 -6- 6 Membership is appurtenant to and shall not be separate from ownership of a Lot.Thus,membership shall automatically terminate upon the sale or other disposition by a member of his ownership of a Lot in the Subdivision and shall automatically transfer to the new Owner(s) of Record who shall become a member of the Association;provided,however,that such termination shall not relieve or release any former Owner(s)of Record from any liability or obligations incurred under or in any way connected with the Association during the period of such former Owner(s)of Record's membership in the Association. Notwithstanding the foregoing,no person or entity who holds record ownership of a Lot merely as security for performance of an obligation shall be a member of the Association. If more than one person or entity is the Owner(s) of Record of a Lot in the Subdivision, all such persons or entities shall be members but shall collectively have only one (1) vote per Lot. Each member of the Association shall be bound by and shall observe the terms and provisions of this Declaration,the Articles,the By-Laws and the rules and regulations promulgated from time to time by the Association or its board of directors(the"Board"). (c) The Association shall have two (2) classes of voting membership: (i) Class A: Class A members shall be all Owner(s) of Record of Lots in the Subdivision and all beneficiaries of land trusts holding title to Lots in the Subdivision with the exception of Owner. (ii) Class B: Class B members shall be Owner or its successors or assigns which are expressly assigned Owner's rights hereunder. Commencing upon the Turnover Date,Class A members shall be entitled to one(1) vote for each Lot owned. In no event shall more than one (1) vote be cast with respect to any Lot owned by Class A members. Class B members shall be entitled to four(4)votes for each Lot owned.No more than four(4) votes shall be cast with respect to any Lot owned by Class B members Class B membership shall cease and be converted to Class A membership on the first to occur of either of the following events: (iii) when the total votes outstanding in Class A membership equal the votes outstanding in the Class B membership; or (iv) whenever the Class B member(s) elect(s) to so convert. Doc:46348/3 -7- t Prior to the Turnover Date and except to vote for Board of Directors positions that Owner has relinquished the right to appoint as described in this Section, all voting rights shall be lodged exclusively in Owner and Owner(s)of Record other than Owner shall have no voting rights. The Association shall have the right to suspend the voting rights of any member for any period during which any assessment levied by the Association against the member's Lot remains unpaid. (d) The initial meeting of the voting members shall be held upon twenty-one(2 1)days prior written notice given by Owner. Such initial meeting may be held at any time in the sole discretion of Owner,but must be held no later than sixty(60)days after the first to occur of the sale of seventy-five percent (75%) of the Lots in the Subdivision or three (3) years after the last of the date of the recording of this Declaration ("Turnover Date"). Thereafter, there shall be an annual meeting of the voting members as provided in the By-Laws of the Association. Special meetings of the voting members may be called at any time for the purpose of considering matters which by the terms of this Declaration require the approval of all or some of the voting members,or any other reasonable purpose. Said meetings may be called by the president, the Board or the voting members having,in the aggregate,not less than twenty-five percent(25%) of the total votes of the Association. Special meetings shall be held as provided in the By-Laws. The presence in person or by proxy at any meeting of the voting members having a majority of the total votes of the Association shall constitute a quorum.Unless otherwise expressly provided herein or required by the General Not-For-Profit Corporation Act,or by the Articles or the By-Laws of the Association,any action may be taken at any meeting of the voting members at which a quorum is present upon the affirmative vote of the voting members having a majority of the total votes present at such meeting. (e) The affairs of the Association shall be managed by a Board of Directors. Until the Turnover Date,Owner shall select the members of the Board(not less than three(3)members)which members shall serve until the Turnover Date. Owner may, from time to time,by written notice to the Association,elect to relinquish its right to appoint any one or more directors(in which such event such members of the Board shall be elected by the voting members)and to continue to exercise its right to appoint the remaining members of the Board until the Turnover Date. At the initial meeting of the voting members on the Turnover Date, a new Board shall be elected. Members of the Board elected at the initial meeting shall serve until the first annual meeting. The By-Laws shall set forth the general powers of the Board, the number, tenure and qualification of Directors, their term of office,manner of election and removal,and method of operation of the Board. Only Board members selected by Owner to run for the Board or to serve thereon do not have to be Owner(s) of Record. All other Board members must be Owner(s) of Record (which Owner(s) of Record are deemed to include beneficiaries of land trusts that are Lot owners). The initial meeting ofvoting members shall occur as specified in this Section 13, or if Owner fails to call such meeting, any three(3)members of the Association may call for such initial meeting any time after the Turnover Date. Doc:46348/3 -8- t Voting members having at least sixty-six percent(66%)of the total votes may from time to time increase or decrease the number of persons on the Board or may increase the term of office of the Board members, provided that the number of Board members shall not be less than three(3)nor more than seven(7)and that the terms of at least one-third of the persons on the Board shall expire annually. Members of the Board shall receive no compensation for their services, unless expressly allowed by the Board at the direction of the voting members having at least sixty-six percent(66%) of the total votes. The Board shall elect from among its members the following: (i) A president who shall be the chief executive officer of the Board and who shall preside over both Board meetings and meetings of the voting members; (ii) One(1)or more vice presidents who shall assume the duties of the president if the president is unable to fulfill his duties; (iii) A secretary who shall keep the minutes of all meetings of the Board and of the voting members and who shall perform all the duties incident to the office of secretary; and (iv) A treasurer who shall keep the financial records and books of account. The Board may elect such other officers as it deems necessary. The officers shall exercise their functions according to the By-Laws. The members of the Board of Directors of the Association and the officers thereof shall not be liable to the Association or the Owner(s)of Record for any mistake of judgment or acts or omissions made in good faith while acting in their capacity as directors or officers. The Association shall indemnify and hold harmless the members of the Board and the officers thereof, and their respective heirs,estates and legal representatives,against all contractual liability to others arising out of contracts made with others and made with Board approval and against other liabilities arising out of contracts made by or other acts of the directors and officers on behalf of the Association or liabilities arising out of their status as directors and/or officers unless any such contract or act or omission shall have been made unlawfully,fraudulently or with gross negligence. The foregoing indemnification shall include indemnification against all costs and expenses (including, but not limited to, attorney's fees, judgments, fines and amounts paid in settlement) actually and reasonably incurred in connection with the defense of any claim, action, suit or proceeding, whether civil, criminal, administrative, investigative or otherwise, in which any such director or officer may be involved by virtue of being or having been such director or officer; provided,however,that such indemnity shall not be operative with respect to any acts or omissions Doc:46348/3 -9- c in the performance of his/her duties as such director or officer found by a court to be unlawful or to constitute gross negligence or fraud. In the event of disagreement among any members of the Association relating to the maintenance, use or operation of Glen Court, the entrance to the Subdivision, the detention and utility easement areas of the Subdivision, or any question or interpretation or application of the provisions of this Declaration or the By-Laws,the determination thereof by the Board shall be final and binding on each and all such members of the Association. (f) The By-Laws of the Association shall be as set forth on Exhibit`B"attached hereto and made a part hereof. (g) The Owner, and the Association when formed,may procure and maintain a fidelity bond insuring Owner, the Association, the Board and the Owner(s) of Record of Lots in the Subdivision against loss of funds as a result of the fraudulent or dishonest acts of any employee of Owner,the Association or its management agent or of any other person handling the funds paid to Owner on behalf of the Subdivision,the Association,the Board or the officers of the Association in such amounts as Owner, or the Board when the Association has assumed the powers and duties of Owner, shall deem necessary but not less than one hundred fifty percent (150%) of the annual operating expenses applicable to the Subdivision, including reserves. Such bond shall contain waivers of any defense based on the exclusion of persons who serve without compensation from any definition of"employee"or similar expression. The Owner and the Association after its formation may also obtain such other kinds of insurance as Owner or the Association,as applicable,shall from time to time deem prudent in such amounts as Owner or the Association shall deem desirable. The premiums for all insurance shall be paid out of the assessments paid by Owner(s)of Record of Lots in the Subdivision. (h) Until such time as the Association succeeds to the rights of Owner hereunder upon turnover as aforesaid, Owner shall have all of the power specified in this Declaration. Subsequent to turnover, Owner shall continue to have all rights of Owner as stated herein with regards to all unsold Lots. Section 14. Maintenance Assessments. (a) Owner hereby covenants that each Owner(s) of Record of a Lot in the Subdivision by acceptance of a deed, assignment of beneficial interest or any other document or instrument of conveyance or assignment of a Lot,shall be deemed to covenant and agree to pay to the Association regular assessments or charges and special assessments for special improvements as provided herein. Such assessments shall be fixed, established and collected from time to time as hereafter provided. The regular and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge against and a continuing lien upon the Lot against which such assessment is made until the assessment is paid in full together with any interest thereon and cost of collection thereof, if applicable. Each such assessment, together with such interest Doc:46348/3 -10- thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person or entity which is the Owner(s)of Record of such Lot at the time when the assessment is made. (b) From time to time, the Association shall determine the reasonable need to perform its obligations described in this Declaration(including,without limitation,the obligations specified in Sections 12 and 16 hereof) and the means and cost of providing same. The Association is authorized to estimate the aforementioned costs and expenses, prepare a yearly budget and assess monthly assessments to each Owner(s)of Record to cover such yearly estimated costs and expenses. The Owner(s)of Record of each Lot shall pay one-sixth(1/6)of the total cost within thirty(3 0)days after receipt of a written notice of assessment from the said Association or on the first day of each month after receipt of a yearly budget specifying the monthly assessment and the date of its commencement. All such assessments which are not paid on or before the due date shall bear interest at a rate which is the Prime Rate then charged by Bank One of Chicago to its most creditworthy customers plus six percent (6%). All payments on account shall be applied first to accrued and unpaid interest and then to the assessment. The assessments levied by the Association shall be used for any purpose of the Association as specified in this Declaration or in its Sections, including, but not limited to, promoting the recreation,health, safety and welfare of the Owner(s)of Record and residents of the Subdivision, providing for the inspection, insuring, maintenance, repair, replacement and landscaping of Glen Court and the operation, insuring,maintenance,repair and replacement of the detention areas and all items specified in Sections 12 and 16, and paying the costs of insurance. (c) The amount of the first annual regular assessment shall be established by Owner. Regular assessments may be increased or decreased by Owner or by a vote of the Board for the next succeeding year and at the end of that year for each succeeding year. The Owner or the Board, as the case may be, may, at any time, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year at an amount less than that previously set for that year. (d) In addition to the regular assessments authorized by the above provisions of this Section 14, Owner, or the Board if duly elected, may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any: (i) capital alterations, additions or improvements to Glen Court and/or the detention areas; (ii)unexpected repair,maintenance or replacement costs paid or to be paid by the Association; (iii) specific equipment or other personal property;or(iv)to pay any attorney's or paralegal fees and the costs and expenses of litigation. Special assessments collected hereunder shall be segregated from and used only for the specific purpose of which such special assessment was levied. The provisions of this Section shall not restrict or limit the right, power and obligation of the Board to assess and pay for the repair, maintenance, restoration and replacement of existing improvements in the Doc:46348/3 -11- 4 detention areas and/or any entrance to the Subdivision or landscaped areas,if any,or restrict or limit the right, power or obligation of the Board to assess and pay for any equipment or other personal property then owned by the Association. (e) The Association may change the maximum and basis of the regular assessments fixed by said Section 14(b)hereof prospectively for any annual period including the current annual period. (f) To the extent that the annual budget includes any amount designated as a capital reserve,each Owner(s)of Record, as to each monthly installment of the annual assessment paid by such Owner(s) of Record, shall be deemed to make a non-refundable capital contribution in the proportion that the amount of said designated capital reserve bears to the total annual budget. Such proportion of each monthly installment paid to Owner,or the Association if it has been formed,shall be segregated and maintained in a special capital reserve account to be used solely for making major repairs and replacements to Glen Court, the detention areas, any entrance improvements to the Subdivision and/or landscaped areas, if any, and for the purchase of equipment to be used by the Association in connection with its duties hereunder, provided that if the budget includes a reserve for a specified capital expenditure, a proportionate share of each monthly assessment shall be separately maintained and used solely for that purpose. (g) At the closing of the first sale of each home built upon any Lot within the Subdivision, the purchaser will be required to make a capital contribution to Owner or the Association,if it has been formed,in an amount equal to six(6)times the then or estimated monthly assessment for the Lot as determined by Owner or the Association if it has been formed. The aforementioned assessment shall be held and used by Owner or the Board, as is applicable, and as it shall from time to time determine for the benefit of the Subdivision. Each owner shall be liable for payment of said initial capital contribution and Owner or the Association, if it is formed, is hereby authorized and empowered to collect same in the same manner as it is authorized and empowered herein to collect delinquent assessments. (h) The quorum of the Board,if duly elected,required for any action authorized to assess special assessments or change a regular assessment shall be at least sixty-six percent(66%) of the total votes that could be cast by the Board. If the required quorum is not forthcoming at any meeting, another meeting may be called, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. (i) The regular assessments shall commence on January 1, 2003 with payment due on the first business day of each year commencing on January 2,2003 and on the first business day of each year thereafter(i.e., January 2, 2004), or as otherwise provided by Owner or the Association. (j) Except as herein otherwise provided,the Board shall fix the amount ofthe assessment against each Lot and the term for such assessment with the term commencing no sooner than thirty (30) days after the assessment is determined and the Board shall prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be Doc:46348/3 -12- 4 open to inspection by any owner. Written notice of the assessment shall be sent to every owner subject thereto. The Association shall upon written demand furnish to any Owner(s) of Record a certificate signed by an officer of the Association setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. (k) If any assessments (including, without limitation, annual assessments, special assessments, Section 5 assessments and capital contributions) are not paid on the date when due, then such assessment shall become delinquent and shall, together with such interest thereon and costs of collection, including reasonable attorney's fees thereof as hereinafter provided,become a continuing lien upon the property and an equitable charge running with the land and shall bind the owner,his heirs,devisees,personal representatives,assigns,successors and grantees. If title to a Lot is held by a land trust, the trustee shall not have any personal liability for the assessment, but all beneficiaries of the trust shall be jointly and severally liable.The lien shall attach to rents due from parties in possession to the Owner(s) of Record, provided that the lien shall be subordinate to an assignment of rents held by a mortgagee delivered in connection with a first mortgage loan to purchase the property. If any assessment is not paid within thirty (30) days of its due date, the assessment shall bear interest from the date of delinquency at a rate of eighteen percent(18%)per annum or the highest rate allowed by law, whichever is less, from time to time while the assessment remains unpaid and the Association may bring an action at law or in equity to foreclose the lien against the property,and there shall be added to the amount of such assessment and interest thereon all the costs of preparing and filing the complaint and maintaining and concluding such action,including,without limitation, the cost of title reports, all attorney's fees and all court costs and expenses, and, in the event a personal judgment or decree of foreclosure is obtained,such judgment or decree shall include the amount of the assessment, interest on the assessment as above provided, the above described court costs and expenses and a reasonable attorney's fee to be fixed by the court together with all costs of the action.The venue for all actions at law or in equity shall be in DuPage County,Illinois. The persons in possession shall be authorized to accept summons for the owners of the Lot. In the event that title to any Lot is conveyed to a land trustee,upon the demand of the Association the trustee shall furnish the Association with a certified copy of the trust agreement so that the Association shall be advised of the beneficiaries entitled to vote and who are personally liable for the regular and special assessments. The provisions of this Section shall also apply to any costs or expenses incurred by Owner or the Association for any cost of replacements,repairs or maintenance performed by Owner or the Association or their respective employees,agents or contractors because of the failure of a Lot owner to perform its obligations specified in Section 5 of this Declaration. No Owner(s)of Record may waive or otherwise escape liability for any assessments and charges provided herein by non-use Doc:46348/3 -13- of Glen Court or any of the detention and/or utility easements in the Subdivision or abandonment of his or her Lot. (1) The lien of the assessments provided for herein may for any reason be subordinated by the Association by a written document executed by its duly authorized officers and shall without any writing be subordinate to the lien of any mortgage placed upon the property for the purpose of purchasing the subject Lot or Lots provided,however,that such automatic subordination shall apply only to the first mortgagee(not any subsequent purchaser) and only to the assessments which arise subsequent to the lien of the mortgage or mortgages; and provided further than such subordination shall apply only to the assessments which have become due and payable prior to sale or transfer of such property pursuant to a decree of foreclosure, or any other proceedings in lieu of foreclosure. Such sale or transfer shall not relieve the Lot from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. The Owner(s) of Record agree, upon accepting title, that the lien of such assessments shall be prior to the homestead rights of the Owner(s) of Record since the lien runs with the land and is in existence before commencement of ownership interests. The unpaid portion of an assessment or maintenance obligation cost and expense which is due and any interest then and thereafter accruing thereon, as well as any amounts due to said Association or Owner, including collection cost, shall become a lien on the Lot from which it is due upon the recording of a "Certificate of Non-Payment of Assessment" in the Office of the Recorder of Deeds of DuPage County, Illinois, by the Association or Owner, as the case may be. The fees and other costs incurred for recording such certificate shall be recoverable as part of the delinquent assessment and,as such,shall become a lien on the Lot. The grantee from any Owner(s) of Record shall be jointly and severally liable and with such Owner(s)of Record for all assessments, accrued interest, fees and costs which remain due and payable at the time of conveyance without prejudice,however to the rights of the grantee to recover from the grantor all such amounts paid by the grantee thereof. Every notice,request or other communication pursuant hereto shall be deemed received upon personal delivery to the person(s)to whom it is directed or upon leaving same in the mail receptacle or affixed to the front door of the residence situated on the Lot belonging to such person(s) or in the manner described in Section 19 hereof. The said Association or representative of Owner(s) of Record of all Lots in the Subdivision may enforce collection of such delinquent assessments and maintenance obligation costs and expenses, accrued interest, fees and costs by suit at law or in equity,by foreclosure of the liens securing the assessments, or by any other competent proceeding, in which event the plaintiff shall be entitled to recover in the same action, suit or proceeding, all costs incident to the collection and the action, suit or proceeding, including, without limitation, reasonable attorney's fees. (m) The following property subject to this Declaration shall be exempt from the assessments, charges and liens created herein: Doc:46348/3 -14- 4 (i) all property dedicated and accepted by the local public authority and devoted to public use; (ii) all property exempted from taxation by the laws of the State of Illinois,upon the terms and to the extent of such legal exemption; and (iii) all vacant Lots owned by Owner or any successor or assign thereof. (n) By acceptance of a deed of conveyance from Owner or its successors in title to any of said Lots,the grantee therein shall be deemed to have mutually covenanted with the Owner(s)of Record of the other said Lots at all times thereafter to accept the financial responsibility for the obligations referred to in this Section 14 and Sections 5 and 12,the Owner(s)of Record of each said Lot bearing one-sixth(1/6)of the total cost thereof in the event that the Association shall fail to meet such obligations. Section 15. No Entrance from Lots to Harper Road and Yorkshire Woods. There shall be no entrance directly to Harger Road off of any Lot nor direct access to Yorkshire Woods from Lot 1. Section 16. Detention Easement,Lots 1,2,3 and 4. The Association shall be responsible for maintaining detention facilities as shown on the Plat of Subdivision of Yorkshire Glen("Plat") and the site improvement plans and specifications for Yorkshire Glen of Oak Brook ("Plans") as approved by the Village as parts of Lots 1, 2, 3 and 4 at the locations shown on said Plat and Plans. The owner or owners,from time to time,of Lots 1,2,3 and 4 hereby grant in perpetuity an easement to the Association and to the Village over,upon and under each said Lot(except that portion upon which any home or other improvement is located) to allow reasonable access to said detention easement area and to all storm sewers on said Lots in order to maintain, repair and replace all drainage structures thereon. The Association shall maintain, repair and replace any drainage pipe or pipes or other storm sewer facilities within said Lots. Owner covenants and agrees that the Village shall have the right, but not the obligation, to perform such maintenance, repair or replacement as to such drain pipes in the event the Association shall fail to do so within a period of ten(10)days following notice in writing to the Association from the Village of the need for any such maintenance, repair or replacement. If the Village shall provide any such maintenance, repair or replacement, it shall have the right to be reimbursed by the Association or the Owner(s)of Record for all out-of-pocket costs and expenses incurred in connection therewith and in the event of non- payment thereof within thirty (30) days after billing therefor to the Association or Owner(s) of Record, c/o Owner at 2901 Butterfield Road, Oak Brook, Illinois 60523, or such other address as may, from time to time,be provided to the Village, then the Village shall have the right to place a lien on the Lots in the Subdivision in the amount of such unpaid costs and expenses due from the Owner(s) of Record of such Lots along with reasonable attorney's fees and costs incurred relative to said lien by recording a notice of lien with the Recorder of Deeds of DuPage County,Illinois,and the Village may enforce and foreclose on said lien, including such attorney's fees and costs, by an action filed in the appropriate court in DuPage County.The aforementioned lien shall be subordinate Doc:46348/3 -15- 4 to the lien of any mortgage or mortgages placed upon the Lots; provided, however, that such automatic subordination shall only apply to the costs and expenses which arise subsequent to the lien of the mortgage or mortgages and provided further that any such subordination shall apply only to the costs and expenses which have become due and payable prior to the sale and transfer of a Lot pursuant to a decree of foreclosure or any other proceedings in lieu of foreclosure. Such sale or transfer shall not relieve such Lots from liability for any costs and expenses incurred by the Village that become due after the sale or transfer,nor from the lien for any costs and expenses incurred by the Village after the sale or transfer. Owner agrees that the Village's lien for such costs and expenses shall be prior to homestead rights of any Owner(s) of Record since the lien runs with the land and is in existence before commencement of ownership interests of subsequent owners. Section 17. Duration of Declarations and Amendments. This Declaration and the covenants, restrictions and conditions contained herein shall be in full force and effect until December 31, 2032, at which time this Declaration and the restrictions, covenants and conditions contained herein shall automatically extend for successive periods of ten(10)years unless changed, amended or abrogated in whole or in part,by a document executed by a majority of the Owner(s) of Record of all Lots subject to this Declaration as such Owner(s)of Record appear of record at 9:00 a.m., November 30, 2032, and which document is filed for record with the Recorder of Deeds of DuPage County, Illinois, within twenty-eight (28) days after said December 31, 2032, or by a document which is so executed by said majority as appear of record at 9:00 a.m. on December 31 of each succeeding ten(10)years,beginning with December 31,2032,which is filed for record with the Recorder of Deeds of DuPage County, Illinois, within twenty-eight (28) days thereafter. In addition, this Declaration and the restrictions, covenants and conditions contained herein may be changed, amended or abrogated at any other time by a document executed by Owner while it owns one(1)or more Lots or by at least five(5)of the Owner(s)of Record of all Lots as the same appear of record at 9:00 a.m. on the date thirty(30) days prior to the date of recording of said amendment with the Recorder of Deeds of DuPage County, Illinois. However, no change, amendment or abrogation shall be effective without the consent of the present Owner while it owns one(1)or more Lots nor shall any change, amendment or abrogation be effective as to any matter concerning the Village without the written consent of the Village. (a) In the event any December 31 referred to herein is a holiday or other day when the office of the Recorder of Deeds of DuPage County, Illinois, is not open to the public for business, determination of ownership shall be as of the close of business on the immediately previous date when such office was open to the public. (b) The exercise or failure to exercise of any right or power of amendment herein granted shall not affect subsequent rights of amendment. (c) Where there is more than one (1) Owner(s) of Record of any Lot, the signatures of the majority of the Owner(s) of Record shall be binding on all Owner(s) of Record of said Lot and shall constitute all necessary signatories for said Lot. In the event two (2) or more Lots of record Doc:46348/3 -16- a are owned by the same person or persons, each Lot shall be counted separately. "Owner(s) of Record" as referred to herein shall be the owners of the fee title and shall not include owners of easements or mortgages; provided, however, if fee simple title is held by a trust, the Owner(s) of Record of the Lot shall be the beneficiary of the trust. Section 18. Enforcement. This Declaration may be enforced by an action in law or equity by the Owner,the Architectural Board of the Association,any Owner(s)of Record of any Lot in the Subdivision and, as to Village-related concerns,by the Village. It is acknowledged that an action at law for a violation of this Declaration may not provide an adequate remedy and, therefore, injunctive relief may be sought as to any violation. Section 19. Notices. Any notice required to be sent to any Owner(s)of Record under the provisions hereof shall be deemed to have been properly sent when mailed in the United States mail, first-class,postage prepaid,to the last known address of the person who appears as the owner from the tax records of the DuPage County Collector at the time of such mailing. Section 20. Partial Invalidity. The invalidity of any part or parts of this instrument as declared by a court of competent jurisdiction shall not affect the validity of any portion of this instrument not so declared invalid and such other provisions shall remain in full force and effect. Section 21. Covenants, Conditions, Restrictions, Easements and Rights Runnina with Land. The covenants, conditions,restrictions, easements and rights created by this Declaration are covenants running with the land both as to burden and benefit, are interests coupled with a power, and every conveyance or other instrument affecting the Subdivision shall be deemed subject to these covenants,conditions,restrictions,easements and rights and such Lot and such conveyance is bound hereby as fully and firmly as if said covenants, conditions, restrictions, easements and rights were fully set forth in said conveyance or other instrument. WITNESS the due execution hereof as of this day of 12002. YORKSHIRE GLEN, L.L.C., an Illinois limited liability company, by IRED Development Management, Inc., an Illinois corporation, its sole member By: �� - Matthew G. Fiascone Attest: President By: Anthony . Casaccio Secretary/Treasurer Doc:46348/3 -17- £/8t£9b:3oQ i STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) I,the undersigned,a Notary Public in and for the County and State aforesaid,DO HEREBY CERTIFY that MATTHEW G. FIASCONE, personally known to me to be the President of IRED DEVELOPMENT MANAGEMENT,INC.,an Illinois corporation,sole member of YORKSHIRE GLEN, L.L.C., an Illinois limited liability company ("LLC"), and ANTHONY A. CASACCIO, personally known to me to be the Secretary/Treasurer, 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 acknowledged that as such President and Secretary/Treasurer,they signed and delivered the said instrument, pursuant to the authority given by the board of directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation as sole member of the LLC, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this is lz , day of �� , 2002. 4 Notary/Public My commission expires: OFFICIAL SEAL MARY L RAMMIEN NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXRRES:10/03M Doc:46348/3 -19- EXHIBIT "A" LEGAL DESCRIPTION Lots 1 through 6 of the Yorkshire Glen of Oak Brook Subdivision, being a subdivision in Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, in Oak Brook, DuPage County, Illinois, according to the Plat thereof recorded with the DuPage County Recorder's Office on 11- 14— ao O 2 as document number 31 ?- i I , Doc:46348/3 -20- EXHIBIT "B" BY-LAWS See attached. Doc:46348/3 -21- BY-LAWS OF YORKSHIRE GLEN OF OAK BROOK HOMEOWNERS ASSOCIATION ARTICLE I NAME OF ASSOCIATION The name of this Association is the Yorkshire Glen of Oak Brook Homeowners Association ("Association"). ARTICLE II DEFINITIONS All terms used in these By-Laws shall have the same definitions as set forth in the Declaration of Covenants,Conditions,Restrictions,Easements and Rights of Yorkshire Glen of Oak Brook Subdivision, as amended from time to time(the"Declaration"),to the extent such terms are defined therein. ARTICLE III PURPOSES AND POWERS 3.01. Purposes. The purposes of this Association shall be to cooperate with Yorkshire Glen, L.L.C., an Illinois limited liability company, ("Declarant'),to assist with enforcing the high standards established for property in the Subdivision under the Declaration by serving as the governing body for all of the lot owners for the protection, improvement, alteration, maintenance, repair,replacement,administration and operation of the properties to which the Declaration applies and to insure the provision of certain services and facilities of common benefit to all or a majority of lot owners and in general to maintain and promote the desired character of the Subdivision, including the right to levy regular and special assessments and to enforce the payment of same pursuant to the provisions of the Declaration and to carry out the powers and duties of the Association described in the Declaration, all on a not-for-profit basis, subject to and in accordance with the terms and provisions of the Declaration and these By-Laws. 3.02. Powers. The Association shall have and exercise all powers as are now or may hereafter be granted by the General Not-For-Profit Corporation Act of the State of Illinois, the Declaration and these By-Laws. ARTICLE IV OFFICES 4.01. Registered Office. The Association shall have and continuously maintain in the State of Illinois a registered office and a registered agent whose office shall be identical with such Doc:46406/2 6/3/02 registered office,and may have such other offices within or without the State of Illinois as the Board of Directors may from time to time determine. 4.02. Principal Office. The principal office of the Association shall be maintained at the offices of Declarant or as otherwise determined by Declarant until the Turnover Date, whereupon such offices will be located as determined by the Board of Directors, and in the absence of such determination,at the Yorkshire Glen of Oak Brook Subdivision(sometimes herein referred to as the "Property") ARTICLE V MEMBERSHIP, VOTING RIGHTS AND MEETINGS OF MEMBERS 5.01. Membership. Every person or entity who is a record owner of a lot in Yorkshire Glen of Oak Brook or who is the beneficiary of the land trust holding title to a lot in Yorkshire Glen of Oak Brook shall be a member of the Association. Membership is appurtenant to and shall not be separate from ownership of a lot. Thus, membership shall automatically transfer upon the sale or other disposition by a member who has ownership of a lot in Yorkshire Glen of Oak Brook at which time the new owner shall automatically become a member of the Association. 5.02. Voting Rights. The Association shall have two classes of voting membership: (a) Class A: Class A members shall be all record owners of lots in Yorkshire Glen of Oak Brook and all beneficiaries of land trusts holding title to lots in Yorkshire Glen of Oak Brook with the exception of the Declarant. (b) Class B: Class B members shall be the Declarant or its successors or assigns which are expressly assigned Declarant rights hereunder. Class A members shall be entitled to one(1)vote for each lot owned.If a lot is owned by more than one(1)person or entity,collectively such owners shall only have one(1)vote per lot. In no event shall more than one(1)vote be cast with respect to any lot owned by Class A members. Class B members shall be entitled to four(4)votes for each lot owned.No more than four(4) votes shall be cast with respect to any lot owned by Class B members Class B membership shall cease and be converted to Class A membership on the first to occur of either of the following events: (a) when the total votes outstanding in Class A membership equal the votes outstanding in the Class B membership, or (b) whenever the Class B member(s) elect(s) to so convert. Doc:46406/2 6/3/02 -2- a The Association shall have the right to suspend the voting rights of any member for any period during which any assessment levied by the Association against the member's lot remains unpaid. Prior to the Turnover Date(hereinafter defined),all voting rights shall be lodged exclusively in the Declarant(except for the right of the members to vote for members of the Board of Directors that Declarant specifically relinquishes the right to appoint as described in Section 13 of the Declaration) and other record owner members shall have no voting rights. 5.03. Manner of Acting. Unless otherwise expressly provided by law, in the Declaration or in these By-Laws, any action that may be taken by the members may be taken at any duly convened meeting at which a quorum of the voting members is present,upon the affirmative vote of a majority of the voting members voting at such meeting or may be taken without a meeting and without a vote if the written consent of the appropriate number of members is obtained as provided in 805 ILCS 105/107.10. 5.04. Initial Meeting(Turnover Date); Annual Meetings. The date of the initial meeting of members (the"Turnover Date") shall be as provided in Section 13 of the Declaration,but in no event shall the members receive notice of such meeting less than twenty-one(2 1) days prior to the meeting date. Thereafter, there shall be an annual meeting of members (one of the purposes of which shall be to elect directors), on the second Tuesday of September of each succeeding year at 7:30 p.m., or at such other reasonable time or date (not more than thirty (30) days before or after such date) and at such place as designated by the Board of Directors. 5.05. Special Meetings. Special meetings of the members may be called at any time to consider matters which by the terms of the Declaration or of these By-Laws require the approval of the members, or for any other reasonable purpose. Such meetings may be called by the President of the Association, by a majority of the Board of Directors, or after the Turnover Date, upon the written request of voting members having twenty-five percent (25%) of the total votes. 5.06. Notice of Meetings. Written notice shall be given to each member of any meeting of members (including the initial meeting) not less than ten (10) nor more than thirty (30) days before the day of such meeting. Notices shall be given by the Secretary at the direction of the President or other persons calling the meeting,and shall state the place,day and hour of the meeting and the purpose or purposes of the meeting. Notices shall be sent to the members at the address furnished by them to the Association for the purpose of service of notices or,if no such address has been furnished, to the lot address owned by such member. Notices addressed as above shall be deemed delivered when deposited in the United States mail, postage prepaid, or when personally delivered to that address. 5.07. Place of Meetings. All meetings of members shall be held at the offices of the Declarant (with Declarant's permission), on the Property or at such other location as shall be specified in the notice of such meeting. Doc:46406/2 6/3/02 -3- 5.08. Quorum. The presence of any meeting,in person and by proxy, of voting members having twenty-five percent (25%) of the total votes shall constitute a quorum for any action to be taken by the members except as may otherwise be provided in the Declaration, these By-Laws, or by law. If a quorum is not present at any meeting, a majority of the voting members present may adjourn the meeting at any time, without further notice. At any adjourned meeting at which a quorum shall be present, any business may be transacted which might have been transacted at the original meeting. Withdrawal of voting members from any meeting shall not cause failure of any duly constituted quorum at that meeting. 5.09. Proxies. At all meetings of members,a voting member may vote either in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically be void upon termination by the member of his interest in the Unit. ARTICLE VI BOARD OF DIRECTORS 6.01. In General. The affairs of the Association shall be managed by its Board of Directors. Until the directors are elected by the voting members on the Turnover Date,the Board shall consist of such persons, but not less than three (3), as Declarant shall from time to time designate. Commencing with the election of directors on the Turnover Date, the Board of Directors shall consist of four(4) persons elected as hereinafter provided. 6.02. Voting and Election by Members;Number and Term. In all elections for directors, each voting member shall be entitled to vote on a cumulative voting basis, and the candidates receiving the highest number of votes with respect to the number of offices to be filled shall be deemed to be elected. On the Turnover Date,four(4)directors shall be elected who shall serve until the first annual meeting of the members following the Turnover Date. At the first annual meeting, and at all succeeding annual meetings,the four(4)persons receiving the highest numbers of votes shall be elected to the Board for a term of one (1) year and shall thereafter continue in office until his successor shall have been elected and qualified,provided that any director may succeed himself in office. 6.03. Oualifications. Each director (except those appointed or nominated to run by the Declarant)shall be a record owner,provided that if any record owner is a trustee of a trust,a director may be a beneficiary of such trust, and if any record owner or such a beneficiary is a corporation or partnership, a director may be an officer, partner or employee of such record owner or beneficiary or any agent of such beneficiary. If any director shall cease to meet such qualification during his term,he shall thereupon cease to be a director and his place on the Board shall be deemed vacant. 6.04. Annual Meetings. The first meeting of the elected Board shall be on the Turnover Date, held without further notice other than this By-Law, immediately after and at the same place as the initial meeting of members. Thereafter,there shall,without further notice other than this By- Doc:46406/2 6/3/02 -4- t Law, be an annual meeting of directors immediately after and at the same place as each annual meeting of members. 6.05. Regular Meetings. In addition to its annual meeting,regular meetings of the Board shall be held at the Property or at such other place and at such time as a majority of the Board shall by resolution from time to time determine, provided that there shall be not less than one regular meeting each calendar quarter. Notice of such regular meetings of the Board shall be given to each director at least five (5) days prior to the meeting. 6.06. Special Meetings. Special meetings of the Board may be called by the President or a majority of the directors and shall be held at the Property and at such time as the person or persons calling such special meeting may determine. Notice of any special meeting of the Board shall be given at least three (3) days prior to any such meeting. 6.07. Notice of Meetings, Contents. Notice of all Board meetings shall be mailed or delivered to all record owners at least forty-eight (48) hours prior thereto, unless a written waiver is signed by the person or persons entitled to such notice before the meeting is convened. Notices of all Board meetings, stating the time and place thereof, shall be given to each record owner and director personally or by mail. Such notices,if mailed,shall be deemed given when they have been deposited in the United States mail,postage prepaid, addressed to the record owner and director at his address as shown on the records of the Association. Neither the business to be transacted at,nor the purpose of, any regular or special meeting of the Board need be specified in the notice of such meeting,unless specifically required by law or these By-Laws. Copies of notices of meetings of the Board shall be posted at such conspicuous places on the Property as are designated by the Board at least forty-eight (48)hours prior to the meeting of the Board. 6.08. Notice of Meeting: Annual Budget or Special Assessment. Each record owner shall receive written notice in the manner prescribed in 6.07 herein no less than ten(10)days and no more than thirty (30) days prior to any meeting of the Board concerning the adoption of the proposed annual budget or any increase of establishment of an assessment. 6.09. Waiver of Notice. Any record owner or director may waive notice of any meeting prior to the time the meeting is convened. The attendance of a record owner or director at any meeting shall constitute a waiver of notice of such meeting,except where a record owner or director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. 6.10. Quorum. A majority of the directors serving from time to time on the Board shall constitute a quorum for the election of officers and for the transaction of business at any meeting of the Board, provided that if less than a quorum is present, a majority of the directors present may adjourn the meeting from time to time without further notice. At any adjourned meeting at which a quorum shall be present,any business may be transacted which might have been transacted at the Doc:46406/2 6/3/02 -5- c original meeting. Withdrawal of voting members from any meeting shall not cause failure of any duly constituted quorum at that meeting. 6.11. Manner of Acting. Except as otherwise expressly provided by law,the Declaration or these By-Laws, any action of the directors may be taken upon the affirmative vote of a majority of the directors at a meeting at which a quorum is present, or without a meeting if a consent in writing setting forth the action so taken is signed by all of the directors as specified in 805 ILCS 105/108.45. 6.12. Compensation, for Expenses. Directors shall receive no compensation for their services, but shall be reimbursed for reasonable out-of-pocket expenses incurred in the course of the performance of their duties upon presentation of receipts or other appropriate evidence of such expense. 6.13. Removal or Resignation of Directors. Any director elected on or after the Turnover Date may be removed from office, with or without cause, by the affirmative vote of at least two- thirds(2/3)of the voting members at any meeting of members called for such purpose. Any director may resign at any time by submitting his written resignation to the Board. If a director ceases to be a member of the Association, he shall be deemed to have resigned as of the date his membership ceased. 6.14. Vacancies. Any vacancy occurring in the Board of Directors before the Turnover Date shall be filled by the Declarant or a majority of the remaining Board Members and any vacancy occurring in the Board of Directors after the Turnover Date shall be filled by election at the next annual meeting of members or at a special meeting of members that may be called for that purpose and held prior to such annual meeting. Any director elected by the members to fill a vacancy shall serve for the balance of the unexpired term of his predecessor in office. Prior to the filling of such vacancy by the members,directors may elect a director to temporarily fill any vacancy,provided that any director so elected shall serve only until such vacancy is filled by election by the members, as provided herein. 6.15. Open Meetings. Meetings of the Board shall be open to any record owner except for the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the Association has been filed and is pending in a court or administrative tribunal, or when the Board finds that such an action is probable or imminent;(ii)to consider information regarding appointment, employment or dismissal of an employee of the Association, if any; or(iii)to discuss violations of rules and regulations of the Association or unpaid common expenses owed to the Association. Any vote on the foregoing matters shall be taken at a meeting or portion thereof open to any record owner. Any record owner may record the proceedings at meetings required to be open by tape,film or other means; provided,however, that the Board may prescribe reasonable rules and regulations to govern the right to make such recordings. Doc:46406/2 6/3/02 -6- c ARTICLE VII POWERS AND DUTIES OF BOARD OF DIRECTORS 7.01. The Board shall have and exercise all the powers,duties and authority vested in the Association by law, the Declaration and these By-Laws, except those expressly reserved to the members. Without limiting the generality of the foregoing, the Board shall: (a) Prepare, adopt and distribute to record owners an annual budget and any revisions thereto and to distribute same to each record owner in accordance with and as more fully set forth in the Declaration. (b) Levy and collect assessments from the record owners. (c) Pay the expenses of the Association. (d) Procure and maintain such fire and extended coverage insurance,if applicable, public liability, workmen's compensation, fidelity, directors and officers liability, and other insurance in such amounts and insuring against such risks as the Board deems desirable. (e) Engage the services of a professional manager for the Association and its property and such other personnel and servicers,including accountants and attorneys, as the Board may, in its discretion, deem necessary or desirable. (f) Adopt and amend from time to time Rules and Regulations as authorized under Sections 13 of the Declaration. Written notice of such Rules and Regulations and of any amendments shall be given to all record owners, and the Yorkshire Glen of Oak Brook Subdivision shall at all times be maintained subject to such Rules and Regulations,provided that with respect to any Rules and Regulations or any amendment thereto adopted on or after the Turnover Date, if within(30) days from the date of such written notice to the record owners of the adoption thereof, the voting members having at least one-fourth (1/4) of the total votes shall file with the Board a written objection thereto, then such Rule or Regulation shall be deemed rescinded until approved by the voting members having at least a majority of the total votes. (g) Keep detailed accurate records of the receipts and expenditures affecting the use and operation of Yorkshire Glen of Oak Brook. (h) Borrow money. (i) Maintain the following records of the Association available for examination and copying at convenient hours of weekdays by any record owners or their mortgagees and their duly authorized agents or attorneys: Doc:46406/2 6/3/02 -7- i C (1) Copies of the recorded Declaration,other duly recorded covenants and By-Laws and any amendments, articles of incorporation of the Association, annual reports and any rules and regulations adopted by the Association or the Board. Prior to the organization of the Association,the Declarant shall maintain and make available the records set forth in this subsection (1) for examination and copying. (2) Detailed accurate records in chronological order of the receipts and expenditures,specifying and itemizing the maintenance and repair expenses and any other expenses incurred,and copies of all contracts,leases,or other agreements entered into by the Association shall be maintained. (3) The minutes of all meetings of the Association and the Board shall be maintained. The Association shall maintain these minutes for a period of not less than seven (7) years. (4) Ballots, if any, for any election held for the Board and for any other matters voted on by the record owners shall be maintained for a period of not less than one(1)year. (5) Such other records of the Association as are available for inspection by members of a not-for-profit corporation pursuant to the General Not-for-Profit Corporation Act shall be maintained. (6) A reasonable fee may be charged by the Association or its Board for the cost of copying. 0) Standing of Board. The Board shall have standing and capacity to act in a representative capacity in relation to matters involving the implementation, collection and enforcement of the assessments authorized by the Declaration and/or these By-Laws. ARTICLE VIII OFFICERS 8.01. Officers. The officers of the Association shall be a President, one or more Vice Presidents, a Secretary, a Treasurer, and such other officers as the Board may deem appropriate. Until the Turnover Date, all officers shall be selected by the Board. Upon the Turnover Date, all officers shall be elected at each annual meeting of the Board and shall hold office at the pleasure of the Board. 8.02. Vacancy of Office. Any officers may be removed at any meeting of the Board by the affirmative vote of a majority of the directors in office,either with or without cause,and any vacancy in any office may be filled by the Board at any meeting thereof. Doc:46406/2 6/3/02 -g- r , 8.03. Powers of Officers. The respective officers of the Association shall have such powers and duties as are usually vested in such office of a not-for-profit corporation, including, but not limited to, the following: (a) The President shall be the chief executive officer of the Association and shall preside at all meetings of the members and of the Board. (b) The Vice President shall, in the absence or the disability of the President, perform the duties and exercise the powers of such office. (c) The Secretary shall keep minutes of all meetings of the members and of the Board and shall have custody of the Association seal, and such other books,papers and documents as the Board may prescribe. (d) The Treasurer shall be responsible for Association funds and securities and for keeping full and accurate accounts of all receipts and disbursements in the Association books of account kept for such purpose. ARTICLE IX COMMITTEES 9.01. Board Committees. The Board,by resolution adopted by a majority of the directors in office, may designate one or more committees, each of which shall consist of two or more directors. Said committees,to the extent consistent with law and as provided in said resolution,shall have and exercise the authority of the Board in the management of the Association, but the designation of such committees and the delegation thereof of authority shall not operate to relieve the Board or any individual director of any responsibility imposed on it or him by law,nor shall such delegation impair the rights of record owners and directors to notice of meetings of the Board. 9.02. Special Committees. Other committees not having and exercising the authority of the Board in the management of the Association may be designated by a resolution adopted by a majority of the directors present at a meeting at which a quorum is present. Except as otherwise provided in such resolution,members of each such committee shall be members of the Association, and the President of the Association shall appoint the members thereof. Any member thereof may be removed by the person or persons authorized to appoint such member whenever in their judgment the best interests of the Association shall be served by such removal. 9.03. Term. Each member of a committee shall continue as such until the next annual meeting of the Board and until his successor is appointed, unless the committee shall be sooner terminated, or unless such member shall cease to qualify as a member thereof. 9.04. Chairman. One member of each committee shall be appointed chairman. Doc:46406/2 6/3/02 -9- c 9.05. Vacancies. Vacancies in the membership of any committee may be filled by appointment made in the same manner as provided in the case of the original appointments. 9.06. Ouorum. Unless otherwise provided in the resolution of the Board designating a committee, a majority of the whole committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. 9.07. Rules. Each committee may adopt rules for its own government not inconsistent with the Declaration, these By-Laws or with rules adopted by the Board. ARTICLE X CONTRACTS, CHECKS, DEPOSITS AND FUNDS 10.01. Contracts. The Board may authorize any officer or officers, agent or agents of the Association, in addition to the officers so authorized by these By-Laws, to enter into any contract and to execute and deliver any instrument in the name of and on behalf of the Association,and such authority may be general or confined to specific instances. In the absence of any such authorization by the Board, any contract or other instrument shall be executed by the President or Vice President and attested to by the Secretary or an Assistant Secretary of the Association. 10.02. Payments. All checks,drafts or other orders for the payment of money,notes or other evidences of indebtedness issued in the name of the Association shall be signed by such officer or officers, agent or agents of the Association, and in such manner as shall from time to time be determined by resolution of the Board. In the absence of such determination by the Board, such instruments shall be signed by the Treasurer or an Assistant Treasurer and countersigned by the President or a Vice President of the Association. 10.03. Bank Accounts. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in such banks,trust companies or other depositories as the Board may select. 10.04. Special Receipts. The Board may accept on behalf of the Association any contribution, gift, bequest or devise for the general purposes or for any special purpose of the Association. ARTICLE XI FISCAL MANAGEMENT 11.01. Fiscal Year. The fiscal year of the Association shall begin on the first day of January each year, except that the first fiscal year shall begin at the date of incorporation, and shall end on the last day of December of each year. Doc:46406/2 6/3/02 -10- 11.02. Financial Statements. On or before April 15 of each year following the initial meeting of directors after the Turnover Date, the Association shall furnish its members with an itemized accounting of the common expenses of the Association for the preceding fiscal year, actually incurred or paid,together with a tabulation of the amounts collected pursuant to the budget or assessment and showing the net excess or deficit of income over expenditures plus reserves. 11.03. Annual Assessments. The Board in its sole discretion shall determine the annual monthly assessments in accordance with the Declaration. 11.04. Special Assessments. Special assessments maybe authorized in accordance with the Declaration. ARTICLE XII BOOKS AND RECORDS The Association shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members,Board and committees having any of the authority of the Board, and shall keep at the registered or.principal office a record giving the names and addresses of the members. All books and records of the Association may be inspected by any member or his agent or attorney, for any proper purpose at any reasonable time. ARTICLE XIII SEAL The Board may provide for a corporate seal which shall be in the form of a circle and shall have inscribed thereon the name of the Association. ARTICLE XIV WAIVER OF NOTICE Whenever any notice that is required to be given under the provisions of the General Not- For-Profit Corporation Act of Illinois,the provisions of these By-Laws,or the Declaration,a waiver in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ARTICLE XV AMENDMENTS These By-Laws may be amended or modified at any time or from time to time at any meeting of the members at which a quorum is present,by the affirmative vote of a majority of the votes cast by the voting members, provided that (i) no amendment affecting the rights granted by these By- Laws to Trust or Declarant shall be effective unless consented to in writing by Declarant; (ii) no Doc:46406/2 6/3/02 -11- provisions of these By-Laws shall conflict with the Declaration;and(iii)prior to the Turnover Date, the directors may, without a meeting or approval of members, make any amendments they deem necessary or desirable. ARTICLE XVI INTERPRETATION In the case of any conflict between the Declaration and these By-Laws,the Declaration shall control. Any defined terms used herein that are not defined herein shall have the meaning ascribed to them in the Declaration. Doc:46406/2 6/3/02 -12- 4 J.P. "RICK" CARNEY DUPAGE COUNTY RECORDER NOV.14,2002 2:33 PM OTHER 06—24—105—007 009 PAGES R2002-312112 0l (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 STORM WATER FACILITIES EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS OF YORKSHIRE GLEN OF OAK BROOK SUBDIVISION Property Address/es 4 YORKSHIRE WOODS, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) Pin/s Number 06-24-105-007 AND 06-24-105-008 Name &Address of Applicant YORKSHIRE GLEN L.L.C. 2901 BUTTERFIELD ROAD, OAK BROOK IL 60523 Name &Address of Responsible INLAND REAL ESTATE DEVELOPMENT CORPORATION Party to Receive Recorded ATTENTION: MR. ANTHONY CASACCIO Document and Billing: 2901 BUTTERFIELD ROAD OAK BROOK, IL 60523 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 of Consideration (when applicable): N/A G/L Account # to be Charged ABOVE SPACE FOR RECORDING PURPOSES ONLY DECLARATION OF STORM WATER FACILITIES EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS OF YORKSHIRE GLEN OF OAK BROOK SUBDIVISION This DECLARATION is made and entered into as of the �',4 day of que^her,2002, by and between the VILLAGE OF OAK BROOK, an Illinois municipal corporation, having its office at 1200 Oak Brook Road,Oak Brook,Illinois 60523(hereinafter referred to as"Village"),and YORKSHIRE GLEN, L.L.C., an Illinois limited liability company (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, Owner wishes to commence the improvement of the residentially subdivided property described in Exhibit"A"attached hereto and made a part hereof(hereinafter referred to as the"Property")and has submitted to the Village engineering improvement plans(hereinafter referred to as the"Improvement Plans"),a copy of which is marked as Exhibit`B"attached hereto and made a part hereof; and WHEREAS, the Village is willing to approve said Improvement Plans in consideration of the various undertakings of Owner in connection therewith, including this Declaration. NOW, THEREFORE, Owner hereby agrees that the following easements, covenants, conditions and restrictions shall apply to the Property: 1. Easements for Detention Facilities. There is hereby created and reserved to Owner over, under, upon and across the area noted as "Drainage and Detention Easement" on the Subdivision Plat recorded as Document Number a perpetual, nonexclusive easement for the purpose of constructing, operating and maintaining detention facilities as detailed within the Improvement Plans. No use of the Drainage and 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. l Csa � r OCT 1 6 2002 Doc:46344/4 2. On-Site Storm Water Facilities. Owner shall perform all maintenance(defined as the selective removal of woody material and accumulated debris from, or repairs to, a storm water facility so that such facility will perform the function for which it was designed and constructed)of all on-site storm water facilities(defined as all ditches,channels,conduits,bridges,culverts,levees, ponds,natural and manmade impoundments(including detention facilities),wetlands,tiles,swales, 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, Owner 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 storm water facilities in the event the Owner shall fail to do so within thirty(30) calendar days following notice in writing to Owner from the Village of the need for any such maintenance. Should the Owner fail to perform such maintenance within the stated time, the Village shall have the right to make reasonable entry onto the Property for the purpose of performing such maintenance on such storm water 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 Property. If the Village shall provide such maintenance,it shall have the right to be reimbursed by Owner or the Yorkshire Glen of Oak Brook Homeowners Association ("Association"), whichever party it bills, within thirty(30) calendar days of such billing for all reasonable out-of-pocket costs and expenses incurred in connection therewith. Owner, or the Association, as the case may, acknowledges and agrees to make any such reimbursement within thirty (30) calendar days after receipt of an itemized statement detailing all costs and expenses. In the event that the above described costs and expenses are not reimbursed within thirty(30) days after billing therefor to the Association or Owner,c/o Owner at 2901 Butterfield Road,Oak Brook,Illinois 60523,or such other address as may, from time to time,be provided to the Village,then the Village shall have the right to place a lien on the Property in the amount of such unpaid costs and expenses along with reasonable attorney's fees and costs incurred relative to said lien by recording a notice of lien against the Property with the Recorder of Deeds of DuPage County, Illinois, and the Village may enforce and foreclose on said lien, including such attorney's fees and costs, by an action filed in the appropriate court in DuPage County. The aforementioned lien shall be subordinate to the lien of any mortgage placed upon the lot or lots thereby affected; provided, however, that such automatic subordination shall only apply to the costs and expenses which arise subsequent to the lien of the mortgage or mortgages and provided further that any such subordination shall apply only to the assessments which have become due and payable prior to the sale and transfer of such lot or lots pursuant to a decree of foreclosure or any other proceedings in lieu of foreclosure. Such transfer shall not relieve such lot or lots from liability for any assessments thereafter becoming due,nor from the lien of any subsequent assessment. Owner agrees that the lien of such assessment shall be prior to homestead rights of any Owner since the lien runs with the land and is in existence before commencement of ownership interests of subsequent owners. 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 Doc:46344/4 -2- Owner for any unreasonable damage or harm to the Property or any landscaping,buildings or other improvements thereon unreasonably caused by the Village(or its agents or employees)in connection with the exercise of any rights granted to the Village hereunder. 3. Notice. All notices provided for hereunder shall be personally delivered or served by certified mail addressed as follows: To the Village at: Village of Oak Brook Attn: Village Manager 1200 Oak Brook Road Oak Brook, Illinois 60523 With a copy to: Village Attorney Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 To the Owner at: Yorkshire Glen, L.L.C. Attn: Matthew G. Fiascone 2901 Butterfield Road Oak Brook, Illinois 60523 With a copy to: H. Dan Bauer, Senior Counsel c/o The Inland Real Estate Group, Inc. 2901 Butterfield Road Oak Brook, Illinois 60523 or to such other address or addresses as shall be designated by notice similarly given. Each such notice shall be deemed served as of its postmark date or when personally delivered. 4. Transfer of Title. The term Owner as used herein means the title holder or holders, from time to time, of the Property or any portion thereof. 5. Benefits and Burdens. All provisions of this Declaration including the benefits and burdens, are hereby declared to run with the land and are binding upon and inure to the benefit of the heirs, successors, assigns, tenants, and personal representatives of Owner and the Village. Doc:46344/4 -3- 6. Amendment. The provisions of this Declaration may be amended by an instrument executed and acknowledged by the Owner and the Village.No such amendment shall be effective unless so executed and acknowledged by both parties.No such amendment shall be effective unless and until the aforesaid instrument is recorded in the Office of the Recorder of Deeds of Dupage County, Illinois. 7. Severability. Invalidation of any provision contained in this Declaration by judgment or court order shall in no way affect any other provision,and all other provisions shall remain in full force and effect. IN WITNESS WHEREOF,Village and Owner have executed this Declaration effective as of the date first written above. 6 53 VILLAGE OF OAK BROOK, DuPage and Cook Counties, Illinois, 2R.".0 an Illinois municipal corporation aren M. Bushy+a�, �y . K. Gonnella Village President �0 i lage Clerk YORKSHIRE GLEN, L.L.C., an Illinois limited liability company, by IRED Development Management, Inc., an Illinois corporation, its sole member Attest: y• atthew G. Fiascone By. �-q'z,&oze ��t� President Anthony Pi. Casaccio Secretary/Treasurer THIS INSTRUMENT PREPARED BY: AFTER RECORDING RETURN TO: H. Dan Bauer, Senior Counsel Linda K. Gonnella,Village Clerk The Inland Real Estate Group, Inc. Village of Oak Brook 2901 Butterfield Road 1200 Oak Brook Road Oak Brook,Illinois 60523 Oak Brook, Illinois 60523 Doc:46344/4 -4- STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) I,the undersigned, a Notary Public in and for said County in the State of Illinois, do hereby certify that KAREN M. BUSHY, Village President of the Village of Oak Brook, an Illinois municipal corporation, and LINDA K. GONNELLA, Village Clerk of the Village of Oak Brook, 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 they signed, sealed and delivered the said instrument as their free and voluntary act,and as the free and voluntary act of this municipal corporation, for the uses and purposes therein set forth. Given under my hand and official seal this 6 4f- day o , 2002. e� Not Public My commission "OFFICIAL SEAL" SANDRA P SCHMIDT Notary Public,State of Illinois My Commission Exp.05/11/2004 STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) I,the undersigned,a Notary Public in and for the County and State aforesaid,DO HEREBY CERTIFY that MATTHEW G. FIASCONE,personally known to me to be the President of IRED DEVELOPMENT MANAGEMENT,INC.,an Illinois corporation, sole member of YORKSHIRE GLEN, L.L.C., an Illinois limited liability company ("LLC"), and ANTHONY A. CASACCIO, personally known to me to be the Secretary/Treasurer, 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 acknowledged that as such President and Secretary/Treasurer,they signed and delivered the said instrument, pursuant to the authority given by the board of directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation as sole member of the LLC, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this/5�6, , day of 62�� , 2002. otary ublic My commission expires: LNOTAnY A CIAL SEAL Y L RAIIAMIEN BLIC,STATE OF ILLIN EOM SSIONI EXPIRES:10103MS Doc:46344/4 -5- EXHIBIT "A" LEGAL DESCRIPTION Lots 1 through 6 of the Yorkshire Glen of Oak Brook Subdivision, being a subdivision in Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, in Oak Brook, DuPage County,Illinois, according to the Plat thereof recorded with the DuPage County Recorder's Office on A \' �'� — 2�,QaoZ- as document number P 0,0 3 12-111 Doc:46344/4 -6- EXHIBIT "B" IMPROVEMENT PLANS Engineering improvement plans and specifications for the Yorkshire Glen Of Oak Brook Subdivision. Said plans and specifications have been duly filed with the Village and are contained in their official records. Said plans and specifications are identified as follows: A. Plans 1. Title: Site Improvement Plans Yorkshire Glen of Oak Brook 2. Date of Preparation: July 28, 2000 3. Last Revision Date: July 4, 2002 4. Prepared by: Eddy- Resner Engineering Consulting Civil Engineers B. Specifications 1. Title: Project Manual for Yorkshire Glen of Oak Brook Subdivision 2. Date of Preparation: June 20, 2001 3. Last Revision Date: None 4. Prepared by: Eddy-Resner Engineering, Inc. / O'r Z Doc:46344/4 -7- �xN�f��T 13 z of Z- �/ /•\ I O s csa wwzw , -.T<MWE E W S DETAIL AT T MID POST£SE DETNL re " PP�oP05ED 57 SLT FFNORO `....\`\ POSTS,YE DETAIL i 111E TOE., l" - i/� I^CH�..CH.."ECJ(..� _ 6 SLOPE-INSTALL YIITN fAWE oRADVIG ] / fs ,pO �� / �. gltp101cfX#E DETAIL AT I T m sn ms • AN+vn aea os.,��...._ ":"°`"°" °:',.•..Fg.,9�� 3` � %,ate r/ a �'/ �``\�t�,11 � SILT FENCE DETAILS �w,� ,,,,a,. ., i %%% ��.. 9. •yo yY / \\\; :I EA3EMENTE- EROSION CON TR0. �D,mN nAFU v -L \ 3Owa+si` ,A �F�e* \' \ XO��x.vx Il! �T \I III I I! TOP OF SLOPE T. n� \ l �' Y' �I iII ELEV.Bw RT'P.I „w;;u;,,. x _ l" 77 I-L. 1— u,eooe e,rtx 6 m,s a Ssraeua�m.,,Nmevus v urvonu,mr w rTST. R an 5ov /''1 i III'I!�! DETEMION BASIN BOTTOM_ I . mrsw w j \ ' // aP ��Y % X� G� Y\��•//�r� /I I I IIIII.III I SODOIRHUP SY T OEN.1 SEEO. ,y^ � /\ f �;, x �� I I l, PRE-MPROVEO ALTERNATES NP. ��. �•,. so/I ,�` `�,X r•"��/ q _ —�_ /� , \ � I III I III. � i I SUBDIVISION GRADING PLAN NOTES � TOE SL '— i0' ' \`.!hill III \I` OF SLOPE- PROPOSED TOP OF FOUNDATION ELEVATIONS SHOWN ARE SUGGESTED.E% T < � L`\\ �\ Y / `- / [OT,V I��- / I III IIII III I F• { , v-w ai N 11 ' TOP OF FOUNWTRMI ELEVAnON3 WILL BE DETEFMMIED WHEN A BUILDING 4fATION 0•oop / /' / " III DETAIL S M. PERMIT IS IBSUED BY 111E KLUGE. v,L D s Sn \J ,�p�61 \•\ /\J•- \j� �E-•, i 7 y ALL PR0.ED BRAES sIgW wRHk LGS AR SUGGESE FMH r J TOPSOIL EAACTGRADESWLL BED MHENABUILCWGPEMR / M •ee... LoT K IBISSUEDBY U i - Exlsnrw GRADE- yy .P I L Y '--# AsAS¢ •�\ / ?C.. "P °n .:. vt l 31 .� �'/ ��j%A i/ PROPOSED BERM TT-; �' �eT—.,�y •� / _A. $ G,.o I i� ///i !fir PROPOSED SwALE "\�. �' Ys\ ,',1``, \, \,� k� '� 'j ,:.,.� / \/ / //r ire' /i '1 _ a \�c 5 4 .\ i/� „ �P SECTION 6 6 ,Y . l fit\6� � e I I� �V 1 \ o\, I lam\ \� LOT 6 // j//�r /4a OAK mx9f.IEHVIR(/9'/N;'RYGNd'Q4/M I9f.1DRlHlAfT // " -`y (tlKA'fR Of t6K A9KfdfA:l NAERKEI bfAMA([Of IWK KAN:fH r �u,` Avo av�cs ayss Sur sxnK STRAW BALE SEOIMENT TRAP _-- _ '/"Y\ \ ri r.�r /r. !� lLnAfmK KsKa /� d` \ \ `\ / OAK dBtlA'96ft'NYIRI/K-%/,-X/F O.V 1Bf//Xl NYAPAM'AI / Q /0�, 'DK ssisa Ema we \\ ''LOT/ // 5 `\r Y STRAW BALES TO BE PLACED AND ! ( / i \,( / / (_ \ \ i% �� a ST ED AROUND EACH '� •j'y.,\ �`\ !\ '� / STRUCTURE UNLL EITHER A GOOD k ,i \• t r / _ S k ��//4 / \�V, PREPARED BY, CATCH OE.,RA55 IS ESTABLISHED p�``g{� `y' $��[ �TF OR THE LA IS SODDED. �y `~ x I !�� i \ /l"/�/ �• y �EDD 1—RES �ER M ay1� ENGINEERING: CONSULTING CIVIL ENGINEERS RauceAlaoTHSiDFeI �` , 1K L _ 306 C st t L "t. NI noes 60439 YORKSHII�L'RR�T!lLTY, INC. + \ �\ -` �` 'J�'»� �GI l G H ER0510N CONTROL PLAN 4 Yorkshup foods y r §j aNrzxo sECrcN YORISRIRE LIEN OF OAK BROOK Oat Bmok, Illenois 60523 1� I � // /i r II DAB kIw_ J —795-7100 - i s Phone 630.5052600 OR 708 600 F¢2 6305051 9 4 R� .. r 7. B. 1) Village Attorney Martens indicated that the Resolution passes as the Resolution does not involve a liability to the Village or any expenditure or appropriation and therefore only requires a majority of those present. 2) ORDINANCE #200 1 -ZO-SU-EX I -S-994, AN ORDINANCE ORD= oi- zO -sU- AMENDING AN ORDINANCE GRANTING A SPECIAL USE ELI -s 99-: FOR OUTDOOR DINING AREA ADJACENT TO RESTAURANT (MAGGIANO'S OAK BROOK LIMITED PARTNERSHIP, 240 OAKBROOK CENTER) OTDR DNG ARE-1 The Village Attorney has drafted Ordinance 92001- ZO -SU -EX I -S- 994, "An Ordinance Amending An Ordinance Granting a Special Use For Outdoor Dining Area Adjacent to Restaurant ( iMaggiano's Oak Brook Limited Partnership, 240 Oakbrook Center) ", which amends an existing special use permit by expanding the outdoor dining area at Maggiano's, increasing the maximum outdoor seating from 54 to 88. Motion by Trustee Savino, seconded by Trustee Korin, to approve Ordinance #2001 -ZO -SU -EXI -S -994, "An Ordinance Amending An Ordinance Granting a Special Use For Outdoor Dining Area Adjacent to Restaurant (Maggiano's Oak Brook Limited Partnership, 240 Oakbrook Center) ", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Butler, Cram, Korin and Savino Nays: 0 - None. Absent- 2 - Trustees Caleel and Miologos 3) RESOLUTION #2001- SD -FP -R -782 A RESOLUTION APPROVING RES =01- SD-HI.K- THE FNAL PLAT OF SUBDIVISION KNOWN AS YORKSHIRE FNL PLAT OF -sUn GLEN OF OAK BROOK (4 YORKSHIRE WOODS OAK �ORhsNIRFGI F BROOK, IL 60523) The Village Attorney has drafted Resolution 2001- SD- FP- R -7S2, "A Resolution Approving the Final Plat of Subdivision Known As Yorkshire Glen of Oak Brook (4 Yorkshire Woods, Oak Brook, IL 60523) ", approving the Final Plat of Subdivision of Yorkshire Glen of Oak Brook. `'ILLAGE OF OAK BROOK Minutes Page 5 of 16 June 26, 2001 1 7. B. 3) Motion by Trustee Savino, seconded by Trustee Korin, to approve Resolution 92001- SD -FP -R -782, "A Resolution Approving the Final Plat of Subdivision Known As Yorkshire Glen of Oak Brook (4 Yorkshire Woods, Oak Brook, IL 60523) ", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Butler, Craig, Korin and Savino. Nays: 0 - None. Absent: 2 - Trustees Caleel and Miologos. 4) ORDINANCE #2001 -LY -EX 1 -S -995 AN ORDINANCE ADOPTING ORO ro 1 -LY -E \ I - THE THIRD COMPREHENSIVE AMENDMENT TO THE A'INDCOLL SIG COLLECTION MANAGENIENT POLICY FOR THE OAK POL FOR L13RY BROOK FREE PUBLIC LIBRARY The Village Attorney has drafted Ordinance #2001 -LY -EXI -S -995, "An Ordinance Adopting the Third Comprehensive Amendment to the Collection Management Policy for the Oak Brook Free Public Library", which adopts the third comprehensive amendment to the Collection Management Policy. Motion by Trustee Korin, seconded by Trustee Savino, to approve Ordinance #2001 -LY -EX 1 -S -995, "An Ordinance Adopting the Third Comprehensive Amendment to the Collection Management Policy for the Oak Brook Free Public Library", as presented and waive the full reading of. ROLL CALL VOTE Ayes: 4 - Trustees Butler, Craig, Korin and Savino. Nays: 0 - None Absent: 2 - Trustees Caleel and Miologos. 5) ORDINANCE 42001- ZO -ORD- EXI -G -678 AN ORDINANCE ORO= 01- zo -ORn ADOPTING A COMPREHENSIVE AMENDMENT TO -E` I -G 6 78 %In CHAPTER 3 ( "GENERAL ZONING PROVISIONS ") OF TITLE CH 3 OF TITI F- 13 ENTITLED "ZONING REGULATIONS" OF THE VILLAGE 13 Or � COCCI CODE OF OAK BROOK. ILLINOIS The Zoning Ordinance Review Committee (ZORC) consisting of Village Trustee Savino (Community Development Liaison), Village Manager Veitch, Village Attorney Martens, Village Engineer Durfey, and Robert Kallien, Director of Community Development, meet on a regular basis to review and recommend changes to the Zoning Ordinance VILLAGE OF OAK BROOK Minutes Page 6 of 16 June 26, 2001 VILLAGE OF OAK BROOK Inters ice Memorandum DATE: November 25, 2002 TO: Michael A. Crotty Richard A. Martens Linda K. Gonnetla Dale L. Durfey Robert L. Kallien Alice Filinovich FROM: Linda Andrys SUBJECT: Recorded Documents The following documents were recorded on November 14, 2002, in the order requested by Attorney Bauer representing Wand -Real Estate Development Corporation. I . SUBDIVISION IMPROVEMENT AGREEMENT Yorkshire Glen of Oak Brook 4 Yorkshire Woods, Oak Brook, IL 60523 R2002- 312108 Recording Fee: 541:00 G/L# to be Charged: 10 -1365 2. IL STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY Freddy Vasquez appoints Joseph C. Aiuppa for document completion. Yorkshire Glen of Oak Brook Subdivision 4 Yorkshire Woods, Oak Brook, IL 60523 R2002-312109 Recording Fee: $20.00 G /L# to be Charged: 10- 1365 3. RESOLUTION 2002- SD -FP -R -782 . Final Plat of Subdivision Known as Yorkshire Glen of Oak Brook 4 Yorkshire Woods, Oak Brook, IL 60523 R2002- 312110 Recording Fee: S18.00 GIL# to be Charged: 10 -1365 4 FINAL PLAT OF SUBDIVISION Yorkshire Glen of Oak Brook 4 Yorkshire Woods, Oak Brook, IL 60523 Plat Certification Fee: 52.00 G/L# to be Charged: 10 -1365 R2002-312111 Recording Fee: 557.00 G/L# to be Charged: 10 -1365 5. DECLARATION OF STORM WATER FACILITIES EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS OF YORKSHIRE GLEN OF OAK BROOK SUBDIVISION Yorkshire Glen of Oak Brook 4 Yorkshire Woods, Oak Brook, IL 60523 R2002-312112 Recording Fee: 523.00 G/L# to be Charged: 10 -1365 6. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF YORKSHIRE GLEN OF OAK BROOK SUBDIVISION Yorkshire Glen of Oak Brook 4 Yorkshire Woods, Oak Brook, IL 60523 R2002-312113 Recording Fee: 550.00 G/L# to be Charged: 10 -1365 2002 -RECM EMO- 11- 25.doc 0 •l 15 J,P. "RICK" CARNEYllllllll� OUPAGE COUNTY RECORDER NOV.1191002 2'33 PM 004 PAGES R200220 312110 (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 2001- SD -FP -R -782 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION KNOWN AS YORKSHIRE GLEN OF OAK BROOK (4 Yorkshire Woods, Oak Brook, IL 60523) Property Address /es 4 YORKSHIRE WOODS, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -24- 105 -007 AND 06 -24- 105 -008 Name & Address of Applicant YORKSHIRE GLEN, L.L.0 , 2901 BUTTERFIELD ROAD, OAK BROOK, IL 60523 Name & Address of Responsible INLAND REAL ESTATE DEVELOPMENT CORPORATION Party to Receive Recorded ATTENTION: MR. ANTHONY CASACCIO Document and Billing: 2901 BUTTERFIELD ROAD, OAK BROOK, IL 60523 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 applicable): G/L Account # to be Charged Return o Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 N/A February 19, 2003 F Oq�,\ P d G � O 2 9 � COUNTY VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 R -qga PHONE 630 990 -3000 FAX. 630 990 -0 876 W E B S I T E �vww oak -brook org i Inland Real Estate Development Corporation Attention. Mr Anthony Casaccio and Mr H Dan Bauer, Esquire 2901 Butterfield Road Oak Brook, Illinois 60523 Re Recorded Documents on November 14, 2002 Yorkshire Glen of Oak Brook Subdivision 4 Yorkshire Woods Oak Brook, Illinois 60523 Subdivision Improvement Agreement/R2002- 312108 IL Statutory Short Form Power of Attorney for Property /R2002- 312109 Resolution 2001- SD- FP- R- 782/R2002- 312110 Final Plat of Subdivision/R2002-3121 11 Declaration of Storm Water Facilities Easements, Covenants & Restrictions /R2002- 312112 Declaration of Covenants, Conditions, Restrictions, Easements & Right's /2002- 31 21 1 3 Dear Sirs. Copies of the above noted documents are enclosed for your information However, the Illinois Statutory Short Form Power of Attorney for Property that is enclosed is the original recorded document These are all important records and should be retained in a secure area within your files If you need any further assistance in this matter, please feel free to contact me at 630 - 990 -5770 on Monday through Friday from 9am to 5pm Sincerely, C Zi, aaL_� Linda M Andrys Records Management Clerk /Ima Enclosures cc Dale L Durfey, Village Engineer Robert Kallien, Director of Community Development Official Files V K"79z- /RECDOC /2003 - RECLTR- SD -FP- YORKSHIRE GLEN OF OAK BROOK