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R-981 - 06/26/2007 - SUBDIVISION - Resolutions Supporting DocumentsI'1'l.�I i x , W11 "� • AGENDA ITEM Regular Board of Trustees Meeting of June 26, 2007 SUBJECT: Final Plat - Deerpath Woods FROM: Mark H. Sterk, Acting Village Attorney BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Resolution R -981, A Resolution Approving the Final Plat Known as Deerpath Woods Subdivision Back�ound/Histo�: Resolution 981 requests approval of a Final Plat for Deerpath Woods, a parcel of approximately 12 acres of vacant land located on the west side of Adams Road, and south of 35"' Street. Recommendation: I recommend that Resolution R -981 be passed. G� OF OA/i. P �90 � O J � PJ H G ' O A r 0UNT4 Village of March 31, 2008 Oak Brook 1200 Oak.Brook Road DEERPATI-I WOODS, LLC .)a.k Brook,IL 60523-2255 Attention: Mr. James Willett website www.oak-brook.org 14628 John Humphrey Drive Orland Park, IL 60462 Administration 630.368.5000 Re: Recorded Documents-DEERPATII WOODS SUBDIVISION on January 15 2008: FAX 630.368.5045 y , RESOLUTION 2007-SD-FP-R-981 R2008-007904 Community DEERPATH WOODS FINAL PLAT OF SUBDIVISION 82008-007905 Development SUBDIVISION IMPROVEMENT AGREEMENT R2008-007906 630.368.5101 DECLARATION OF STORMWATER FACILITIES 82008-007907 FAX 630.368.5128 DECLARATION OF COVENANTS R2008-007909 Engineering TREE PRESERVATION COVENANTS 82008-007910 Department Vacant Land-W. Side of Adams Rd., S. &E. of Breakenridge Farm &N. of Ogden 630.368.5130 Oak Brook, Illinois 60523 F-,a,X 630.368.5128 PIN#06-35-405-003 Fire Department EASEMENT AGREEMENT(Drainage &Utility) R2008-007908 630.368.5200 (Part of) 94 Breakenridge Farm, Oak Brook, IL 60523/PIN#06-35-400-031 FAX 630.368.5250 Dear Mr. Willett: Police Department 630.368.8700 Copies of the above noted recorded documents are enclosed for your information. These FAX 630.368.8739 are important records and should be retained in a secure area within your files. Public Works Department If you need any further assistance in this matter, feel free to contact me at 630-368-5056 630.368.5270 on Monday through Friday from gam to 5pm. FAX 630.368.5295 Sincerely, ®alc Brook 600 Oak Brook Road. Linda M. Andrys Oak Brook,IL 60523-2200 630.368.7700 Records Management Clerk FAX 630.368.7704 /]ma Oak Brook Sports Core Enclosures Rath&Tennis Club 700 Oak Brook Road cc: Dale L. Durfey, Jr.,Village Engineer Oalr Brook,IL 60523-4600 630.368.6420 Robert L. Kallien, Jr., Director of Community Development FAX 630.368.6439 Official Files Golf Club /RrCDOC/2.00R-RECLTR-SD-FP-DEERPATI-I WOODS-VACANT LAND-W.SIDE OF ADAMS,S&F.RREAKENRIDGE FARM&N.OGDEN 2606 York Road Oak Rrook,IL 60523-4602 630.368.6400 FAX 630.368.6419 .........1111111 H111 111111111111111 FRED BUCHOLZ DUPAGE COUNTY RECORDER JAN.15,2008 3:31 PM OTHER 06-35-405-003 004 PAGES R2008-007904 (A ve Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RE RDED DOCUMENT TITLE PAGE Title of Document RESOLUTION 2007-SD-FP-R-981 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DEERPATH WOODS SUBDIVISION Property Address/es VACANT LAND-WEST SIDE OF ADAMS RD., SOUTH AND EAST OF (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) BREAKENRIDGE FARM AND NORTH OF OGDEN AVE. OAK BROOK IL 60523 Pin/s Number 06-35-405-003 Name &Address of Applicant: DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT 14628 JOHN HUMPHREY DR., ORLAND PARK IL 60462 Name &Address of Responsible DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT Party to Receive Copy of 14628 JOHN HUMPHREY DRIVE Recorded Document and Billing: ORLAND PARK, IL 60462 G/L Account#to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account#to be Charged: RESOLUTION 2007-SD-FP-R-981 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DEERPATH WOODS SUBDIVISION (Vacant Land -West of Adams Road, South and East of Breakenridge Farm and North of Ogden Avenue) (P.I.N. 06-35-405-003) WHEREAS, the Plan Commission of the Village of Oak Brook, on May 14, 2007, recommended the approval of the proposed Deerpath Woods Subdivision; and WHEREAS, the subject property is legally described as follows: THAT PART OF LOT 6 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS DOCUMENT NUMBER R84-95116, LYING NORTH OF A LINE PARALLEL TO AND 390.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 6, IN DUPAGE COUNTY, ILLINOIS CONTAINING 12.02 ACRES, MORE OR LESS. WHEREAS, the Villa9e.,of Oak Brook has heretofore adopted an ordinance setting forth the Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village Code; and WHEREAS, the Village President and Board of Trustees have considered the recommendations and findings of the Plan Commission and concur with same; and NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: The foregoing preambles are incorporated herein by reference as though fully set forth herein. Section 2: The Final Plat of Subdivision known as Deerpath Woods Subdivision, prepared by Engineering Resource Associates, Inc., and dated April 11, 2007, is hereby approved, subject to the condition that the final plat and final engineering plans be revised and approved by the Village Engineer prior to the Village's execution of such plat and recording thereof. Section 3: A waiver to Section 14-6-3(E) of the Subdivision Regulations is hereby granted waiving the requirement for a sidewalk on both sides of the street. Section 4: A waiver to Section 14-6-3(F) of the Subdivision Regulations is hereby granted waiving the requirement of a Village standard street lighting system. Section 5: All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable to the subdivision and development of said Deerpath Woods Subdivision, except as waived or varied by this Resolution. Section 6: This resolution shall be in full force and effect from and after its passage, approval and publication as required by law. Section 7: All resolutions or parts thereof in conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict. } lk Resolution 2007-SD-FP-R-961 Resolution Approving Final Plat Vacant Land-W.of Adams•Rd.,S. &E.of Breakenddge Farm,N.of Ogden Ave. - 06-35405-003 Page 2 of 2 APPROVED THIS 26th day of June, 2007. ry An . Craig 'Ilage President ' PASSED THIS 26th day of June, 2007. Ayes: Trustees Carson, Kennedy, Manofsky, Saived, Sanford and Wolin Nays: None Absent: None F, ATTEST: G r Charlotte K. Pruss 00 ` Village Clerk 00UIN TY •` i i STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on Tune 26, 2002 , the corporate authorities of the above municipality passed and approved Resolution 2007-SD-FP-R-981 , A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DEERPATH WOODS SUBDIVISION (Vacant Land -West of Adams Road, South and East of Breakenridge Farm and North of Ogden Avenue) (P.I.N. 06-35-405-003) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records,journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 5th day of TI,i y 20aL• Charlotte K. Pruss Village Clerk •o o` Village of Oak Brook 1! �`' DuPage and Cook Counties, Illinois C®UW7Y . c � FRED BUCHOLZ DUPAGE COUNTY RECORDER JAN.15,2008 3:31 PM OTHER 06-35-405-003 033 PAGES R2008-007906 (Above Space For Recorder's Office ON VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 R ORDED DOCUMENT TITLE PA Title of Document SUBDIVISION IMPROVEMENT AGREEMENT FOR DEERPATH WOODS SUBDIVISION Property Address/es VACANT LAND-WEST SIDE OF ADAMS RD., SOUTH AND EAST OF (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) BREAKENRIDGE FARM AND NORTH OF OGDEN AVE., OAK BROOK, IL 60523 Pin/s Number 06-35-405-003 Name &Address of Applicant: DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT 14628 JOHN HUMPHREY DR., ORLAND PARK IL 60462 Name &Address of Responsible DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT Party to Receive Copy of 14628 JOHN HUMPHREY DRIVE Recorded Document and Billing: ORLAND PARK, IL 60462 G/L Account#to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account# to be Charged: SUBDIVISION IMPROVEMENT AGREEMENT FOR DEERPATH WOODS SUBDIVISION THIS AGREEMENT,is made and entered into as of the ;& 'day ofNovember,2007,by and among the VILLAGE OF OAK BROOK,an Illinois municipal corporation,having its offices at 1200 Oak Brook Road,Oak Brook,Illinois 60523 ("Village"),and DEERPATH WOODS,LLC,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,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.2007-SD-FP-R-981 passed and approved on June 26,2007,("Resolution") subject to the satisfaction of the conditions contained in said Resolution,a copy of which is attached hereto as Exhibit C and hereby made a part hereof,which Resolution,among other things,provides for the execution of this Agreement by and between Village and Developer in 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 p � p necessary material,labor,equipment and services required to perform,construct,install and complete the following: A. Construction of any land improvements required by the Village Subdivision Regulations and/or this Agreement; and B. Providing the necessary record drawings; and C. Providing the necessary engineering and surveying services that are required in subsections A and B of this section, (A,B, and C collectively shall be referred to as "Work"). All Work shall be performed in a good and workmanlike manner and in accordance with all pertinent Village ordinances and regulations except to the extent the same may have been modified or waived as provided in the Resolution,and in accordance with the plans entitled "Final Engineering Plans,Deerpath Woods",consisting of 17 sheets prepared by Engineering 1 Resource Associates,Inc.,registered professional engineers,as last revised October 24,2007 and specifications therefore and plans entitled"Deerpath Woods Proposed Landscape Plan" consisting of 3 sheets prepared by Rolling Landscapes as last revised November 12, 2007 (the"Plans")as more fully identified and described in Exhibit D,attached hereto and hereby 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. 2. An estimate of the cost of the Work is attached hereto as Exhibit E. Upon the execution of this Agreement by Developer and prior to the Village's execution of this Agreement and prior to Developer's commencement of the Work,Developer shall deposit either(i)a cash deposit, or(ii)a letter of credit in form and substance acceptable to the Village, or(iii)performance and payment bonds in form and substance acceptable to the Village (collectively or individually"Security"),as further described in Paragraph 12 herein. The Security shall be equal to one hundred ten percent (110%) of the estimate of the cost of the Work and shall originally be in the total amount of Four Hundred Twenty Seven Five Hundred Ninety Eight and 60/00ths Dollars ($427,598.60). 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. All work shall be subject to inspection by and the approval of the Village Engineer whose approval shall not be unreasonably withheld. The Village Engineer's approval thereof shall be a condition precedent to the pay out of funds to contractors or subcontractors. Prior to any payment, Developer shall obtain waivers of lien for the amounts to be paid to contractors and subcontractors. 4. With respect to soil or construction material testing,if applicable,it is agreed that a mutually acceptable testing firm or firms shall be selected by the Village Engineer from such firms designated by Developer,provided Developer shall give timely notice of such designation to the Village. Developer shall pay all expenses of such testing firm or firms. Said firm or firms shall provide verbal and/or written reports to the Village Engineer as requested by the Village Engineer. 5. The Village acknowledges that Developer has paid the Village a Plan Review fee of $7,293.52 and an Inspection Fee of$5,470.14 as required by the Village and based on the estimated cost set forth in Exhibit E. Payment of said fees satisfies a condition precedent to the commencement of any of the Work hereunder and to the issuance of any building permit for any construction on any specific lot within the real estate being subdivided. 6. Developer has engaged Engineering Resource Associates,Inc.("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. 7. Developer has engaged Engineering Resource Associates, Inc. ("Project Surveyor") in 2 connection with the performance of the necessary surveying Work. A copy of the executed contract by and between the Developer and the Project Surveyor with respect to the performance of such services is marked Exhibit F and is attached hereto and made a part hereof. 8. Prior to the commencement of any of the Work,Developer shall cause its contractors,Project Engineer and Project Surveyor to furnish the Village evidence of insurance, naming the Village as additional insured, that satisfies the requirements of Chapter 8 of Title 1 of the Village Code, including additional insured endorsements. Each insured shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Developer hereby agrees to defend, indemnify and hold harmless the Village, its officers, agents and employees, and each of them against all loss, cost, damage, claim, expense, demand or judgment for personal injury or property damage arising out ofthe performance of the Work by Developer, its contractors,agents and employees and its Project Engineer and Project Surveyor; provided, however, that nothing contained in this Paragraph 9 shall be deemed to obligate Developer to indemnify the Village, its officers, agents and employees from and against the negligent acts or omissions of the Village, its officers, agents and employees and the foregoing provisions shall not apply to any claim or demand or action instituted by the Developer against the Village based upon the alleged failure of the Village to perform any act or agreement that the Village is required to perform pursuant to this Agreement. 10. Developer shall cause the Work to progress in accordance with the schedule noted on the Plans and to be substantially completed as determined by the Village Engineer within three (3)years from the date of this Agreement. Additionally,the Village may require reasonable special precautions,temporary structures or other measures as prescribed within section 9-5- 6.K and 9-5-6.L of the Village Code, all at the Developer's expense. If the Work does not progress in accordance with the schedule noted on the Plans or is not substantially completed as determined by the Village Engineer within the time prescribed herein,the Village may provide written notice to Developer of the existence and nature of such default("Default Notice"). If Developer fails to cure such default within the thirty(3 0) day period following the date of Developer's receipt of the Default Notice,the Village shall have the right,but not the obligation,to hire contractors,engineers or surveyors and enter the development site to complete or correct any unfinished or defective Work; provided, however, that the Village may, at its option, waive the right to so proceed if Developer is diligently proceeding to cure said default and said cure cannot reasonably be completed within said thirty (30) day period. If the Village exercises its rights, the Developer shall indemnify the Village for any costs incurred attributable to concurrent activities of or conflicts between the Developer's contractor and the Village's remedial contractor at the site. Also,if the Village exercises its rights,it shall have the right to proceed under the Security described in Paragraph 12 hereof, in accordance with its terms, for the purposes of (i) 3 payment to contractors or subcontractors,engineers or surveyors who have completed work in accordance with this Agreement, (ii)payment to any new contractors or subcontractors, engineers or surveyors employed to complete or correct any unfinished or defective work in accordance with this Agreement, (iii) to reimburse the Village for any and all costs and expenses,including legal fees and administrative costs,incurred by the Village,and/or(iv) for any other purpose permitted under the Security or this Agreement or the Village Subdivision Regulations. Notwithstanding the thirty(3 0)day notice period,the Village may require reasonable special precautions,temporary structures or other measures immediately as prescribed within section 9-5-6.K and 9-5-6.L of the Village Code,all at the Developer's expense. Prior to acceptance of the improvements by the President and Board of Trustees of the Village,Developer shall cause the Project Engineer to take the complete set of original mylar improvement plans or mylar copies(each shall be high quality reproducible mylar tracings) and correct them to show the Work as actually constructed and approved, and to create electronic files in an electronic format as specified by the Village depicting the corrected improvement drawings,and said Project Engineer shall turn them over to the Village,dated and stamped either"as-built"or"record"drawings,for the Village's property. Said tracings shall include the following: a. Dimensions from the two front lot corners to the water b-box,sanitary stub location 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; and b. "As-built" rim and invert elevations of all sewer structures; and c. Storm water basin contours, or dimensions with cross-sections at no less than a 50 foot interval with spot elevations at key locations, to verify that the basin was constructed in accordance with the plans, showing the approved construction drawings in half tone and record elevations in full tones; and d. Spot elevations at each side and rear lot line at twenty-five (25') intervals starting from front lot corners and rear lot corners respectively. Prior to acceptance of the improvements by the Village, Developer shall also cause the Project Surveyor to ascertain and create a list of the elevation of the letters "MUE" on the bonnet flange of each fire hydrant. The elevations on the list shall be based on USGS datum as currently used in the Village as determined by the Village Engineer(the Village elevation datum must be used). The list shall be certified to and submitted to the Village. Prior to acceptance of the improvements by the Village, Developer shall also cause: A. The Project Engineer to file a certificate with the Village Engineer stating that all construction has been completed in accordance with the plans and specifications 4 approved by the Village and meets the requirements set forth by the Village; and B. The Project Surveyor to file a certificate with the Village Engineer stating that all requirements of subsection 14-6-3J of the Subdivision Regulations have been completed. Said certificates shall be in form and substance similar to Exhibit G. Prior to acceptance of the improvements by the Village, Developer shall also submit evidence of payment in full for all Work, including that the Developer deliver a sworn statement listing the names and addresses of all contractors, suppliers and professional services providers that have done work for this project. Upon completion of the Work as evidenced by delivery by Developer to the Village of said improvements and documents, and provided that the conditions of this Agreement are met,the Village President and Board of Trustees shall accept the Work, such acceptance to be evidenced by a letter to that effect dated and executed on behalf of the Village by the Village Engineer. Thereupon the water system improvements 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 and Restrictions for Deerpath Woods Subdivision and in the Declaration of Stormwater Facilities Easements, Covenants, Conditions and Restrictions for Deerpath Woods Subdivision, and the amount of the Security shall be reduced to an amount equal to fifteen percent (15%) of the original estimated cost of the Work, which amount shall constitute security for the performance of the obligations of Developer as set forth in Paragraph 11 hereof. Developer and the Village acknowledge that the Flagg Creek Water Reclamation District,not the Village,approves,accepts and maintains the sanitary sewer and related improvements. 11. Developer,for a period of one year beyond final acceptance and approval of the Work by the President and Board of Trustees of the Village, shall be responsible for repairs and corrections to such improvements which may be required due to failures or because of or on account of faulty construction. The obligation of Developer hereunder shall be secured by the Security as further described in Paragraph 12 hereof in the amount equal to fifteen percent(15%)of the original estimated cost of the Work,as set forth in Paragraph 10 hereof. If any defect in the Work shall become apparent at any time during the one (1) year following he date of acceptance of the Work the Village shall notify Developer of the g P � g fY P existence and nature of such defect("Notice of Defect"). If Developer shall fail to correct such defect within Y(30 days of Developer's receipt of the Notice of Defect,the Village shall have the right to request and receive from the Security so much of the proceeds thereof as may be necessary to enable the Village to cause all corrective action to be performed and paid for;provided,however,that the Village may waive the right to so proceed if Developer 5 is diligently proceeding to cure said default and said cure cannot reasonably be completed within said thirty(30)day period. 12. The obligations of Developer hereunder as to the deposit of security for the completion of the Work(Paragraph 10 herein)and the one(1)year maintenance of the Work after approval and acceptance by the Village(Paragraph 11 herein) shall be satisfied by delivery to the Village of either (i) a Cash Deposit, or (ii) a Letter of Credit issued by a financial institution containing such provisions as may be necessary to conform to the terms of this Agreement and the Village's ordinances and in form and substance reasonably satisfactory to the Village, under which the Village shall be the beneficiary, or (iii) Performance and Payment Bonds issued by a financial institution containing such provisions as may be necessary to conform to the terms of this Agreement and the Village's ordinances and in form and substance satisfactory to the Village, under which the Village shall be an obligee, (collectively or individually "Security"). The Security shall originally be in the amount specified in Paragraph 2 above. Upon acceptance of the Work by the Village,the amount of the Security shall be reduced to,or a replacement Security shall,be deposited in,the amount specified in Paragraph 10 above. In addition to the terms, covenants and conditions of the Security, the Village hereby agrees to proceed under the Security solely for the purpose of causing completion(as referred to in Paragraph 10 hereof)or repairs and corrections(as referred to in Paragraph 11 hereof) and payment for the Work, including but not limited to, payment for labor and materials supplied by contractors or subcontractors, engineers or surveyors, and to reimburse the Village for any and all costs and expenses, including legal fees and administrative costs, incurred by the Village,to or for the benefit of the Developer or Village as the case may be, under the provisions of this Agreement. At or prior to the time the Village makes payment to contractors and subcontractors, engineers and surveyors, the Village will obtain waivers of lien from said contractors and subcontractors, engineers and surveyors for the amounts paid to them and the Village shall not make any payment to any contractor or subcontractor unless the portion of the Work which the Village has caused to be performed or the defect which the Village has caused to be corrected has been accepted by the Village Engineer or his authorized agent and a certificate to that effect has been issued to the Village by the Village Engineer or his agent. The Village shall return the original or replacement Security minus any sums drawn thereon for construction,correction,maintenance,repairs and costs pursuant to Paragraphs 10 and 11 herein,to Developer on the date that is one(1)year after the date of the Village's acceptance of the Work; provided, however, that if the Developer deposits a replacement Security to secure the Developer's obligations pursuant to Paragraph 11 hereof,the Village shall return the original Security which secured the Developer's obligations pursuant to Paragraph 10 hereof, upon delivery of the replacement Security to the Village. 13. The Village further hereby agrees that to the extent that the Developer shall pay, or cause payments to be made to contractors or subcontractors,engineers or surveyors,pursuant to the 6 terms of this Agreement, during the course of construction of the Work, the outstanding liability of the issuer of the Security shall be reduced to approximate the outstanding and unpaid contract balance for the Work referred to in this Agreement subject to the approval of the Village;provided,however,that reductions in each major portion of the Work shall not be more than an amount equal to 85%of their portion of the Security and that the amount of the Security shall not be reduced below fifteen percent(15%)of the original amount until the Work is accepted,at which time the amount of the Security shall be reduced to fifteen(15%) of the estimated cost of the Work as provided in Paragraph 11. 14. Provided all applicable requirements of the Village with respect to building permit applications have otherwise been satisfied,building permits shall be granted by the Village in accordance with Village policy per Village Engineer memo dated August 11, 1993 attached hereto as Exhibit H. 15. The term"Developer"as used herein is intended to refer to the Developer and its successors and assigns. All provisions of this Agreement including the benefits and burdens thereof are binding upon and inure to the benefit of the Village and the Developer and their successors and assigns. 16. This Agreement and the obligations contained herein are in addition to,and not in limitation of,all other agreements between the parties hereto,including,without limitation,applicable agreements, easements, covenants and restrictions of record and those contained in the Resolution and the obligations contained therein. Additionally,Developer shall comply with all Village ordinances. 17. All notices to be given under this Agreement shall be in writing and either delivered personally or deposited in the United States mail certified mail postage prepaid addressed as follows: If to Village: Village of Oak Brook 1200 Oak Brook Road Oak Brook,Illinois 60523 Attention: Village Manager With a copy to: Village Attorney Village of Oak Brook 1200 Oak Brook Road Oak Brook,Illinois 60523 If to Developer: Deerpath Woods,LLC 14628 John Humphrey Dr. Orland Park, Illinois 60462 With a copy to: Steven K.Norgaard, P.C. Attorney at Law 7 493 Duane Street, Suite 400 Glen Ellyn, Illinois 60137 Notices deposited in United States Mail postage prepaid as aforesaid shall be deemed delivered upon receipt or upon refusal of receipt. 18. If any portion of this Agreement is found to be unenforceable by a court of law,the balance of the Agreement shall remain in full force and effect. 19. The parties agree that this contract shall be governed by the laws of the State of Illinois. [ Signature Page to Immediately Follow ] I 8 • IN WITNESS WHEREOF, the Village has caused this Agreement to be executed by its President and attested by its Clerk and the Developer has executed this Agreement,all as of the date above written. DEERPATH WOODS, LLC, an VILLAGE OF OAK BROOK, DuPage and Illinois limited liability company Cook Counties,Illinois,an Illinois Municipal Co oration By: James Willett,Manager Village President �- oy Q Village Clerk ` Li f v 4 a� CUUAiT�i 9 1 STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE) I,the undersigned, a Notary Public in and for the said County, in the State of Illinois aforesaid, do hereby certify that -,Ic)Am Cratq personally known tome to be the Village President and C'h e-r (aEtLz (,��,, ,perso lly known to me to be the Village Clerk of the Village of C— Oak Brook and personally known to me to be the same persons whose names are subscribed to the foregoing instrument,appeared before me this day in person and severally and acknowledged that as such Village President and Village Clerk,they signed,sealed,and delivered the said instrument and caused the seal of said Village of Oak Brook to be affixed thereto,as their free and voluntary act,and as the free and voluntary act and deed of the Village of Oak Brook,for the uses and purposes herein set forth. J Given under my hand and seal this �( day of 2007. OFFICIAL SEAL A�4 CAROL L HARTY Notary Public NOTARY PUBLIC.STATE OF ILLINOIS MY COMMISSION EXPIREVIMMO 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 ZT-Ak C ES 0 r tx-crer- , personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me this day in person, and acknowledged that he/she signed, sealed and delivered the said instrument as his/her free and voluntary act, for the uses and purposes therein set forth. Given under my hand and seal this 2-1 S�- day of A101169g05 Eir° , 2007. OFFICIAL SEAL STEVEN K NORGAARD C NOTARY PUBLIC-STATE OF ILLINOIS MY COWASSION EXPIRES:O81 I I Notary Public 10 EXHIBITS Exhibit A Legal description of real estate to be subdivided Exhibit B Plat of Subdivision Exhibit C Resolution No. 2007-SD-FP-R-981 j Exhibit D Plans title Exhibit E Estimate of Cost of Work Exhibit F Contract between Developer and Project Engineer Exhibit F-1 Contract between Developer and Project Surveyor Exhibit G Sample Project Engineer and Project Surveyor Certificates Exhibit H Village Engineer Memo dated August 11, 1993 11 1 Exhibit A Legal description of real estate to be subdivided THAT PART OF LOT 6 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS DOCUMENT NUMBER R84-95116,LYING NORTH OF A LINE PARALLEL TO AND 390.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 6, IN DUPAGE COUNTY, ILLINOIS. Common Address: VACANT LAND ON WEST SIDE OF ADAMS ROAD, SOUTH AND EAST OF BREAKENRIDGE FARM, AND NORTH OF OGDEN AVENUE OAK BROOK,IL 60523 (NOTE: The exact address still to be determined by Village of Oak Brook) P.I.N. 06-35-405-003 A-1 Exhibit B Plat of Subdivision for the Deerpath Woods Subdivision Said Plat of Subdivision has been duly filed with the Village of Oak Brook and is contained in their official records. TITLE: FINAL PLAT OF SUBDIVISION DEERPATH WOODS SUBDIVISION DATE OF PREPARATION: OCTOBER 1, 2007 LAST REVISION DATE: NOVEMBER 9, 2007 PREPARED BY: ENGINEERING RESOURCE ASSOCIATES, INC. RECORDED DATE: 1-1!5— d oO 8 RECORDED NUMBER: R zppD?— 0 U-7 9 pT B-1 i RESOLUTION 2007-SD-FP-R-981 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DEERPATH WOODS SUBDIVISION (West of Adams Road and South of 35th Street, P.I.N. 06-35-405-002) WHEREAS, the Plan Commission of the Village of Oak Brook, on May 14, 2007, recommended the approval of the proposed Deerpath Woods Subdivision; and WHEREAS, the subject property is legally described as follows: THAT PART OF LOT 6 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS DOCUMENT NUMBER R84-95116, LYING NORTH OF A LINE PARALLEL TO AND 390.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 6, IN DUPAGE COUNTY, ILLINOIS CONTAINING 12.02 ACRES, MORE OR LESS. WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village Code; and WHEREAS, the Village President and Board of Trustees have considered the recommendations and findings of the Plan Commission and concur with same; and NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: The foregoing preambles are incorporated herein by reference as though fully set forth herein. Section 2: The Final Plat of Subdivision known as Deerpath Woods Subdivision, prepared by Engineering Resource Associates, Inc., and dated April 11, 2007, is hereby approved, subject to the condition that the final plat and final engineering plans be revised and approved by the Village Engineer prior to the Village's execution of such plat and recording thereof. Section 3: A waiver to Section 14-6-3(E) of the Subdivision Regulations is hereby granted waiving the requirement for a sidewalk on both sides of the street. Section 4: A waiver to Section 14-6-3(F) of the Subdivision Regulations is hereby granted waiving the requirement of a Village standard street lighting system. Section 5: All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable to the subdivision and development of said Deerpath Woods Subdivision, except as waived or varied by this Resolution. Section 6: This resolution shall be in full force and effect from and after its passage, approval and publication as required by law. Section 7: All resolutions or parts thereof in conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict. FWPNW Resolution 2007-SD-FP-R-981 Resolution Approving Final Plat- Deerpath Sub.—W of Adams Rd. &S of 35'St.—06-35-405-002 Page 2 of 2 APPROVED THIS 26th day of June, 2007. n . Craig lllage President PASSED THIS 26"day of June, 2007. Ayes: Trustees Carson, Kennedy, Manofsky, Saived, Sanford and Wolin Nays: None Absent: None ,.6F Of 04e ATTEST: IV �' 11P Charlotte K. Pruss 0 r ` `�� Village Clerk Exhibit D Plans for the Deerpath Woods Subdivision Said plans and specifications have been duly filed with the Village of Oak Brook and are contained their official records. Said plans and specifications are identified as follows: A. Engineering Plans 1. Title: Final Engineering Plans Deerpath Woods, Oak Brook, IL 2. Date of Preparation: March 29, 2007 3. Last Revision Date: October 24, 2007 4. Prepared by: Engineering Resource Associates,Inc. B. Landscaping Plans 1. Title: Deerpath Woods Proposed Landscape Plan 2. Date of Preparation: June 20, 2007 3. Last Revision Date: November 12, 2007 4. Prepared by: Rolling Landscapes, Inc. D-1 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST DEERPATH WOODS-OAKBROOK,IL PREPARATION DATE: 24-Oct-07 REVISION DATE ON PLAN: 24-Oct-07 EARTHWORK UNIT ITEM QUANTITY UNIT PRICE EXTENSION TOPSOIL EXCAVATION 6,280 CY $ 1.50 $ 9,420 TOPSOIL RESPREAD I 5,160 i Cy $ 1.50 $ 7,740 CLAY EXCAVATION _ i 6,700__-L--..C--Y--- $___________5_00 1$ 33,500_ SUBGRADE STREETS _ 3,340 I_SY $ 1.00 1$ 3,340 BACKFILL CURBS ; 1,780 ; FT $ 1.00 ; $ 1,780 STABILIZED CONSTRUCTION ENTRANCE_ t.... i L SUM $ $ _2,5_0_0_ PERMANENT TURF REINFORCEMENT-NORTH AMERICAN - i - i 1,200 SY $ 5.00 GREEN P300 i i i $ 6,000 INLET PROTECTION LCLTCijALL EA_ $ 250.00 ! $ 7,000 SEDIMENT CONTROL,INLET FILTERS CLEANING 1 + L SUM $ 1,500.00 l $ 1,500 SILT FENCE ; 880 ; FT $ 1.50 ; $ 1,320 DITCH CHECKS 18 EA $ 250.00 $ 4,500 EARTHWORK SUBTOTAL: $ 78,600 PAVEMENT UNIT ITEM QUANTITY UNIT PRICE EXTENSION 1.5'BIT.CONIC.SURFACE_COURSE 2,490 SY_ $ 3_00;_$--_-_-___7,470 2.5'BIT.CONC.BINDER COURSE - I 2,490 I SY $ 4.00 i $ 9,960 BITUMINOUS MATERIALS,TACK COAT ; 249 ; GAL $ 1.00 ; $ 249 BITUMINOUS MATERIALS,PRIME COAT 1,245 _GAL_ $ -1_00 i$ 1,245 BRICK PAVERS 920 i SF $ 3.00 i $ 2,760 CONCRETE EDGING FOR BRICK PAVERS ; 67 ; FT $ 5.00 ; $ 335 12-1/2'AGG.BASE COURSE 2,490 SY $ -___--5_00 i $ 12,450_ GROUND STABILIZATION FABRIC i 250 i SY $ 1.50 1 $ 375 BITUMINOUS PATCH OFFSITE STORM TRENCH ; 10; SY $ 50.00 , $ 500 COMB.CONC.CURB&GUTTER,M-6.12 I__-1,780 _ $ $_ 13,350 W AGG.BASE UNDER CURB&GUTTER i 494 i SY $ 1.001 $ 494 PAVEMENT SUBTOTAL: $ 49,188 WATER MAIN UNIT ITEM QUANTITY UNIT PRICE EXTENSION REMOVE EX.8'WATERMAIN 195 FT $ 10.00 $ 1,950 8'WATER MAIN,DIP CL 52 ; 220 ; FT $ 20.00 ; $ 4,400 TY K COPPER WATER SERVICE 250 FT $ 15_00 i$ 3,750_ -------- --------------------•1------------ B-BOX I 5 I EA $ 400.00 i $ 2,000 SERVICE CONNECTION TO EX.MAIN ' 5--_;__EA $ 300.00 $ 1,500 ------------------------------------ -------------- ---- REMOVE EX.FIRE HYD.W/AUX.VALVE&VALVE BOX 2 I EA $ 500.00 $ 1,000 FIRE HYD.W/AUX.VALVE&VALVE BOX i 3 1 EA $ 1,750.00 i $ 5,250 REMOVE EX.8'VALVE IN VAULT ; 1 EA $ 750,00 ! $ 750 ADJUST VALVE VAULT 250_00 $ 250 8'VALVE IN BOX i 1 1 EA $ 750.00!$ 750 CONNECT TO EXISTING ; 2 ; EA $ 2,000.00 ; $ 4,000 ----------------------------------- ------ -- - ----------- ------------ ----- ------------------- - - TRENCH BACKFILL,SERVICES 80 r CY I $ 15.001 $ 1,200 WATER MAIN SUBTOTAL: $ 26,800 Page 1 of 2 L J•/_ `f ' Engineering Resource Associates,Inc. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST DEERPATH WOODS•OAKBROOK,IL PREPARATION DATE: 24-Oct-07 REVISION DATE ON PLAN: 24-Oct-07 SANITARY SEWER UNIT REM QUANTITY UNIT PRICE EXTENSION 6'SAN SEWER SERVICE,PVC SDR 26 i 300 i FT $ 15.00 1 $ 4,500 SERVICE CONNECTION TO EX.MAIN-CORE W/GENECO 5 EA $ 250.00 $ 1,250 SADDLE TAP REMOVE EX.BACKFILL,REPLACE W/TBF__- 325 CY $ - 20.00 i $_ -.......-... 6,500 TRENCH BACKFILL,SERVICES i 75 1 Cy $ 15.00 i $ 1,125 ADJUST MANHOLE 3 - ; EA I $ 250.00 $ 750 SANITARY SEWER SUBTOTAL: $ 14,125 STORM SEWER UNIT REM QUANTITY UNIT PRICE EXTENSION 6'STORM SEWER,PVC ; 35 ; FT 1 $ 15.00 $ 525 6'STORM SEWER,PVC-WATERMAIN QUALITY 62 FT $ 15.50 ! $ 12'STORM SEWER,PVC-WATERMAIN QUALITY 76 FT $ - - 17.00 ; $ 1,292 12'STORM SEWER,RCP ; 1,588 1 FT $ 16.50 ; $ 26,202 12'STORM SEWER,RCP-RUBBER GASKET -_-__�--343 -�-FT $ 1 $__-_- 5,831 ------------------------------- - ---------- 15'STORM SEWER,RCP 125 1 FT $ 18.50 , $ 2,313 15'STORM SEWER,RCP-RUBBER GASKET ; 43 ; FT $ 19.00 ; $ 817 6'FES 1 EA $ 250.00 i$ _-_ 250 ------- ------- - - ---- ------------- ------------ ------- ----- --- -- ---- 12'FES W/GRATE 6 EA $ 600.00 $ 3,600 15'FES W/GRATE ; 1 ; EA $ 750.00 ; $ 750 MANHOLE w/TY 1 F.C.L.,4'DIA. �_ _ 4 L_EA_ $ i$ 6,000 MANHOLE w/NEENAH R-4340-A,4'DIA. --�i - 1 I EA $ 1,500.00 1 $ 1,500 CATCH BASIN w/NEENAH R-3010-L,4'DIA. ; 2 EA $ 1,750.00 j $ 3,500 CATCH BASIN wlTY 6 FRAME&GRATE,4'DIA. 1 --_; EA_ $__-- 1,750.00 1$ ---__ 1,750 INLET w/NEENAH R-4340-A,2 DIA. I 5 I EA $ 500.00 I $ 2,500 INLET w/TY 6 FRAME&GRATE,2'DIA. ; 2 ; EA $ 500.00 ; $ 1,000 MANHOLE RESTRICTOR,V DIA. 2 EA $ 3,000.00 $ 6,000 MANHOLE W/TY 1 F.C.L.,3'DIA. i 2 i EA $ 800.00 1 $ 1,600 MANHOLE W/NEENAH R-4340-A,Y DIA. I 6 ; EA $ 800.00 ; $ 4,800 MANHOLE W/2-NEENAH R-0010-L,6'DIA. � 2 _ EA $ 3,250.00 $ 6,500 CATCH BASIN W/2-NEENAH R-3010-L,6'DIA.- - -� 2- i EA $ 3,500.00 i $ 7,000 TRENCH BACKFILL ; 190 ; CY $ 15.00 ; $ 2,850 STORM SEWER SUBTOTAL: $ 84,763 MISCELLANEOUS ITEMS UNIT ITEM QUANTITY UNIT PRICE EXTENSION STREET LIGHT COMPLETE -_ i_- 3 i__EA_ $ 2,500.00 i $ 7,500 -_--_T�_--�- - --r --------r - ---------------r------------------_-_ RETAINING WALLS 1,460 SF $ 20.00 ! $ 29,200 RECHARGING WELLS&ASSOCIATED PIPING i 2 EA $ 2,500.00 1 $ 5,000 SUBDIVISION MONUMENT/SIGN ; 1 ; L SUM $ 4,500.00 ; $ 4,500 LANDSCAPING/TREE INSTALLATION 1 L SUM $ 35,000.00 $ 35,000 HYDRO SEED PONDS,PARKWAYS&SWALES I 1 I L SUM $ 12,000.00.1 $ 12,000 TEMPORARY HYDROSEEDING ; 1 L SUM $ 8,000.00 ; $ 8,000 --------------------------------------------- ---- --- ----------- -- - ---------------- ------- ----- ---------- TREE REMOVAL I L SUM $ 10,000.00 ; $ 10,000 MISCELLANEOUS SUBTOTAL: $ 111,200 TOTAL: $ 364,676 Page 2 of 2 Engineering Resource Associates,Inc. 1 ENGINEERING RESOURCE ASSOCIATES, INC. Consulting Engineers,Scientists,&Surveyors SENT VIA EMAIL TO JKCAE(&,COMCAST.NET October 31,2007 Mr.Jim Willett Deerpath Woods Development LLC 3404 Adams Road Oak Brook, Illinois 60523 630.789.0245 SUBJECT: Addendum No. 1 to Proposal for Site Civil Engineering and Land Surveying Services Preliminary&Final Engineering Design Deerpath Woods Adams Street Oak Brook, Illinois ERA Project No. 250212A Dear Mr.Willett: Engineering Resource Associates, Inc. (ERA) is pleased to submit this addendum to proposal dated June 15, 2006 for the new construction and site improvements for the subject site in Oak Brook, Illinois. The proposal addendum is based upon your request for proposal, our knowledge of the project, and our experience on similar projects. SCOPE OF SERVICES ERA will provide project engineering and site land surveying services in accordance with the following work plan: 1. Construction Staking—ERA will comply with the requirements as listed on the attached Surveyor Checklist for Subdivision S.I.A. Items (Exhibit 2). ERA will provide construction layout assistance relating to the following items: • Limits of Construction/Silt Fence Location • Detention Ponds for Mass Grading • Centerline of Road for Mass Grading • Sanitary Sewer, Storm Sewer,Watermain • Front Lot Corners for Purpose of Installing Lot Water&Sewer Service Lines www.eraconsultants.com Chicago Geneva Warrenville 101 North Wacker Drive 501 West State Street,Suite 203 3s701 West Avenue.Suite 150 Suite 1110 Geneva,IL 60134 Warrenville,IL 60555 Chicago.II_60606 T 630.262.8689 630.3913060 T T 312.683.0110 F 630.262.8698 630.393.2152 F �)(Ar b r'fi MR.JIM WILLETT PAGE 2 OF 5 OCTOBER 31,2007 • Final Roadway Centerline Elevations • Concrete Curb&Gutter • Light Pole Layout • Subdivision Entrance Monument • Fence Piers • 314"x 30" Iron Pipe Staking at all Property Comers, P.T.'s and P.C.'s. • 314"x 36" Iron Pipes encased in 4"diameter concrete at four(4)subdivision corners For the purpose of this proposal, it is anticipated that each construction staking line item will require one separate field mobilization. Construction phasing, sequencing and weather conditions may result in additional field mobilizations for certain items. The construction-staking phase is invoiced on an hourly basis based on actual work performed on the project. 2. As-Constructed Drawing — ERA will comply with the requirements as listed on the attached Consultant Checklist for Subdivision S.I.A. Items (Exhibit 3). We will prepare as-constructed record drawings of the subdivision improvements relating to storm sewer, watermain, sanitary sewer, and elevation grades per the S.I.A. Upon completion of the project, ERA will execute the project engineer and project surveyor certificates referenced in the S.I.A. A hydrant benchmark listing will be provided on the drawing. 3. Inspections — ERA will perform field inspection services as requested and required during the construction phase. This phase will be invoiced based on actual work performed on an hourly basis. ERA will provide part- time construction observation based on the following estimated schedule: • Construction Observation - 14 weeks at two visits per week, estimated two hours per visit(estimated at 56 hours). • SWPPP Monitoring — All inspections referenced on sheet 7 of 17 Stormwater Management of the construction plans estimated at 14 weeks at one visit per week, two hours per visit(estimated at 28 hours). Invoicing will be based on actual work performed as part of this phase. The work described in this agreement will be performed as expeditiously as weather and other physical conditions permit. The Engineer shall not be liable to the Owner, if delayed in, or prevented from performing the work as specified herein through any cause or causes beyond the control of the Engineer and not caused by his own fault or negligence including acts of God, or the public enemy, inclement weather conditions, acts of the government after the effective date of this agreement, fires, floods, epidemics, strikes, jurisdictional disputes, lockouts, and freight embargoes. ENGINEERING RESOURCE ASSOCIATES,INC. Consulting Engineers,Scientists,&Surveyors MR.JIM WILLETT PAGE 3 OF 5 OCTOBER 31 2007 FEES Fees for engineering services described in this proposal are proposed on an hourly basis in accordance with the following estimated schedule: • Construction Staking $ 10,000 • As-Constructed Drawing $ 2,800 • Construction Observation $ 7,500 • SWPPP Monitoring 3,750 Estimated Total $24,050 Fees for construction staking services and engineering services will be charged on an hourly basis in accordance with the attached schedule of hourly rates(Exhibit 1) . Fees for services beyond the scope of this proposal, when approved by the Client, will be compensated for on an hourly basis in accordance with the attached schedule of hourly rates (Exhibit 1). This proposal shall serve as an addendum to the original contract dated June 15, 2006. The General Terms and Conditions made part of the original contract are expressly incorporated into and are an integral part of this Addendum to proposal for engineering services. We appreciate the opportunity to submit this addendum and trust that it meets with your approval. Please review the addendum and, if acceptable, execute both copies and return one (1) copy for our files. Receipt of executed addendum to proposal will serve as authorization to proceed with the project. Please advise if you have any questions or comments. If you have any questions, please contact me at 630.262.8689 or pkuchler(c)eraconsultants.com. Sincerely, ENGINEERING RESOURCE ASSOCIATES, INC. Pf f Qi p A4. Kaeft6er Philip M. Kuchler, P. E., C.F.M. 0 ENGINEERING RESOURCE ASSOCIATES,INC. Consulting Engineers,Scientists,&Surveyor ` MR.JIM WILLETT PAGE 4 OF 5 OCTOBER 31,2007 ACCEPTANCE&AUTHORIZATION OF ADDENDUM No.1 TO PROPOSAL DEERPATH WOODS DEVELOPMENT LLC IV Authorized Signature Printed Name&Title P�i JL' ailing Address please provide street address for UPS deliveries) 0-7976&:3003SZ Telephone,A Fax Numbers Email Address L2 Date PMKlkkp Attachment a ENGINEERING RESOURCE ASSOCIATES,INC. Cwswdog Eno=en,SdenBea,4 Swveyon MR.JIM WILLETT PAGE 5 OF 5 OCTOBER 31,2007 Exhibit 1 ENGINEERING RESOURCE ASSOCIATES,INC. STANDARD CHARGES FOR PROFESSIONAL SERVICES JANUARY 1, 2007 THROUGH DECEMBER 31, 2007 Classification Rate/Hour Principal $195 Project Manager $180 Director of Environmental Services $166 Director of Survey Services $142 Senior Project Engineer $135 Project Engineer $110 Resident Engineer $110 Design Engineer $ 95 Senior Environmental Specialist $ 85 Environmental Specialist $ 70 Senior CAD Technician $100 CAD Technician $ 90 Survey Crew Chief $ 90 Surveyor $ 75 Field Technician $ 67 Clerical $ 67 DIRECT COSTS: Direct Costs will be billed at their actual rate incurred. i ENGINEERING RESOURCE ASSOCIATES,INC. Consulting Engineers,Scientists,&Surveyors SURVEYOR CHECKLIST FOR SUBDIVISION S.I.A. ITEMS Section 14-4-4.A.11. A fully executed copy of an agreement between the subdivider and the registered land surveyor providing for the surveying services required within subsection 14-6-3J of this title. Construction staking??? Monuments and Markers: _ Permanent monuments consisting of steel pipes or bars not less than three- quarters of an inch (3/4") in diameter and thirty six inches (36") long incased in concrete at least four inches (4") in diameter and thirty six inches (36")long shall be located at the four(4) extreme comers of the subdivision. _ Markers consisting of steel pipe or bars not less than three-quarters of an inch (3/4") in diameter and thirty inches(30")long shall be located as follows: At all points where lot lines intersect street right of way lines. _ At all angles in the lot property lines and at the beginning and end of all curves in the property lines. At all other lot corners. _ In the case of a private street without a dedicated right of way,at all points where lot lines intersect street easement lines or an offset from street easement lines of a dimension approved by the village engineer and specified on the final plat. _ Monuments and markers should be provided by the subdivider and so placed that the center point should coincide with the intersection of lines to be marked and the top level with the surface of the surrounding ground after final grading. 3/23/04 Checklist-Surveyor Sub'd SIA.doe f CONSULTANT CHECKLIST FOR SUBDIVISION S.I.A. ITEMS Section 14-4-4.A.10. A fully executed copy of an agreement between the subdivider and the registered professional engineer representing the subdivider providing for the design, layout and inspection of the construction of all land improvements, hydrant benchmark listing, record drawing generation, and certification after completion. Construction staking Construction inspection Hydrant benchmark listing Record drawing generation,including but not limited to: _ Original mylar tracings or mylar copies (full set) of the improvement drawings corrected to show all actual as-built improvements, dated and stamped"As-Built" or"Record Drawings", given to Village _ Electronic files in an electronic format as specified by the Village depicting the corrected improvement drawings Above documents shall be in a form acceptable to the Village Engineer As-built locations of water mains and sanitary and storm sewers Water,sanitary,and storm service line dimensions from 2 lot comers 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 ExA! 3/23/04 Checklist-Consultant Sub'd SIA.doc Engineering Resource Associates,Inc. GENERAL TERMS AND CONDITIONS 1. COMPLIANCE WITH LAWS: Engineering Resource Associates, Inc. (Engineer) will strive to exercise usual and customary professional care in his efforts to comply with those laws,codes,ordinance and regulations which are in effect as of the date of this Agreement. With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibility regulations(ADA),Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue and,accordingly,retention of legal counsel(by Client)for purposes of interpretation is advisable. As such and with respect to ADA,Client agrees to waive any action against Engineer,and to indemnify and defend Engineer against.any claim arising from Engineer's alleged failure to meet ADA requirements prescribed. 2. DESIGNATION OF AUTHORIZED REPRESENTATIVE:Each party(to this Agreement)shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons designated shall review and respond promptly to all communications received from the other party. 3. STANDARD OF PRACTICE:The Engineer will strive to conduct services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions as of the date of this Agreement. No other representation,express or implied, and no warranty or guarantee is included or intended in this Agreement,or in any report,opinion,document,or otherwise. 4. GOVERNING LAW:This Agreement shall be governed by and construed in accordance with Articles previously set forth by Item 1.of this Agreement,together with the laws of the State of Illinois. 5. RESPONSIBILITY OF THE ENGINEER:Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference,or in any Agreement between the Client and any other party concerning the Project,the Engineer shall not have control or be in charge of and shall not be responsible for the means,methods,techniques, sequences or procedures of construction, or the safety, safety precautions or programs of the Client, the construction contractor,other contractors or subcontractors performing any of the work or providing any of the services on the Project. Nor shall the Engineer be responsible for the acts or omissions of the Client,or for the failure of the Client,any architect,engineer, consultant,contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents, this Agreement or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended for the purposes described in such amendment and is signed by the Engineer. 6. CLIENT'S RESPONSIBILITIES:The Client agrees to require the Contractor,to the fullest extent permitted by law,to indemnify,hold harmless,and defend the Engineer,its consultants,and the employees and agents of any of them from and against any and all claims,suits,demands,liabilities,losses,damages,and costs("Losses"),including but not limited to costs of defense,to the extent arising in whole or in part out of the negligence of the Contractor,its subcontractors,the officers,employees,agents, and subcontractors of any of them,or anyone for whose acts any of them may be liable, regardless of whether or not such Losses are caused in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising out of the preparation or approval of maps,drawings,opinions,reports,surveys,change orders,designs,or specifications,and the giving of or failure to give directions by the Engineer, its consultants, and the agents and employees of any of them, provided such giving or failure to give is the primary cause of Loss. The Client further agrees to require the Contractor to name the Engineer,its agents and consultants as additional insureds on the Contractor's policy or policies of comprehensive or commercial general liability insurance. Such insurance shall include products and completed operations and contractual liability coverages,shall be primary and non-contributing with any insurance maintained by the Engineer or its agents and consultants,and shall provide that the Engineer be given thirty days,unqualified written notice prior to any cancellation thereof. In the event the foregoing requirements,or any of them,are not established by the Client and met by the Contractor,the Client agrees to indemnify and hold harmless the Engineer,its employees,agents,and consultants from and against any and all Losses which would have been indemnified and insured against by the Contractor,but were not. I o S Engineering Resource Associates,Inc.-August, 2004 y When Contract Documents prepared under the Scope of Services of this contract require insurance(s)to be provided,obtained and/or otherwise maintained by the Contractor,the Client agrees to be wholly responsible for setting forth any and all such insurance requirements. Furthermore,any document provided for Client review by the Engineer under this Contract related to such insurance(s)shall be considered as sample insurance requirements and not the recommendation of the Engineer. Client agrees to have their own risk management department review any and all insurance requirements for adequacy and to determine specific types of insurance(s)required for the project. Client further agrees that decisions concerning types and amounts of insurance are specific to the project and shall be the product of the Client. As such, any and all insurance requirements made part of Contract Documents prepared by the Engineer are not to be considered the Engineer's recommendation,and the Client shall make the final decision regarding insurance requirements. 7. INFORMATION PROVIDED BY OTHERS: The Engineer shall indicate to the Client the information needed for rendering of the services of this Agreement. The Client shall provide to the Engineer such information as is available to the Client and the Client's consultants and contractors,and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy,completeness and sufficiency of such information,either because it is impossible to verify or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly,the Client agrees,to the fullest extent permitted by law,to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim,liability or cost(including reasonable attorneys' fees and cost of defense)for injury or loss arising or allegedly arising from errors,omissions or inaccuracies in documents or other information provided by the Client to the Engineer. 8. CHANCES:Client reserves the right by written change order or amendment to make changes in requirements,amount of work, or engineering time schedule adjustments,and Engineer and Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes,if commercially possible. 9. DOCUMENTS DELIVERED TO CLIENT:Drawings,specifications,and reports prepared by Engineer in connection with any or all of the services furnished hereunder shall be delivered to the Client for the use of the Client. Engineer shall have the right to retain originals of all Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project Documents such as,but not limited to reports,calculations,drawings,and specifications prepared for the Project,whether in hard copy or machine readable form,are instruments of professional service intended for one-time use in the construction of this Project. These Project Documents are and shall remain the property of the Engineer. The Client may retain copies, including copies stored on magnetic tape or disk,for information and reference in connection with the occupancy and use of the Project. It is also understood and agreed that because of the possibility that information and data delivered in machine readable form may be altered,whether inadvertently or otherwise,the Engineer reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of the Engineer in their preparation. The Engineer also reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in machine readable form,which originals shall be referred to and shall govern in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used by the Engineer to an alternate system or format cannot be accomplished without the introduction of inexactitudes,anomalies,and errors. In the event Project Documentation provided to the Client in machine readable form is so converted,the Client agrees to assume all risks associated therewith and,to the fullest extent permitted by law,to hold harmless and indemnify the Engineer from and against all claims,liabilities,losses,damages,and costs,including but not limited to attorney's fees,arising therefrom or in connection therewith. The Client recognizes that changes or modifications to the Engineer's instruments of professional service introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service in machine readable form, the Client agrees,to the fullest extent permitted by law,to hold harmless and indemnify the Engineer from and against all claims,liabilities,losses,damages,and costs,including but not limited to attorney's fees,arising out of or in any way connected with the modification,misinterpretation,misuse,or reuse by others of the machine readable information and data provided by the Engineer under this Agreement. The foregoing indemnification applies, without limitation, to any use of the Project Documentation on other projects,for additions to this Project,or for completion of this Project by others,excepting only such use as may be authorized,in writing,by the Engineer. 2 o S Engineering Resource Associates,Inc.-August,2004 10. REUSE OF DOCUMENTS:All Project Documents including but not limited to reports,original boring logs,field data,field notes, laboratory test data,calculations,opinions of probable costs,drawings and specifications furnished by Engineer pursuant to this Agreement are intended for use on the Project only. They cannot be used by Client or others on extensions of the Project or any other project. Any reuse,without specific written verification or adaptation by Engineer,shall be at Client's sole risk,and Client shall indemnify and hold harmless Engineer from all claims,damages,losses,and expenses including attorney's fees arising out of or resulting therefrom. 11. FORCE MAJEURE: Neither Client nor Engineer shall be liable for any fault or delay caused by any contingency beyond their control including but not limited to acts of God,wars,strikes,walkouts,fires,natural calamities,or demands or requirements of governmental agencies. 12. RELATIONSHIP BETWEEN ENGINEER AND CLIENT: Engineer shall serve as Clients professional engineer consultant in those phases of the Project to which this Agreement applies. This relationship is that of a buyer and seller of professional services and as such the Engineer is an independent contractor in the performance of this Agreement and it is understood that the parties have not entered into any joint venture or partnership with the other. The Engineer shall not be considered to be the agent of the Client. 13. SUSPENSION OFSERVIcEs:Client may,at any time,by written order to Engineer(Suspension of Services Order)require Engineer to stop all,or any part,of the services required by this Agreement. Upon receipt of such an order,Engineer shall immediately comply with its terms and take all reasonable steps to minimize the costs associated with the services affected by such order. Client,however,shall pay all costs incurred by the suspension,including all costs necessary to maintain continuity and for the resumptions of the services upon expiration of the Suspension of Services Order. Engineer will not be obligated to provide the same personnel employed prior to suspension,when the services are resumed,in the event that the period of suspension is greater than thirty(30)days. 14. TERMINATION: This Agreement may be terminated by either party upon thirty(30)days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by Client,under the same terms,whenever Client shall determine that termination is in its best interests. Cost of termination,including salaries,overhead and fee,incurred by Engineer either before or after the termination date shall be reimbursed by Client. 15. SUCCESSORS AND ASSIGNS:The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns:provided,however,that neither party shall assign this Agreement in whole or in part without the prior written approval of the other. 16. ENTIRE UNDERSTANDING OF AGREEMENT:This Agreement represents and incorporates the entire understanding of the parties hereto,and each party acknowledges that there are no warranties,representations,covenants or understandings of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null,void and without effect to the extent they conflict with the terms of this Agreement. 17. AMENDMENT:This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled"Amendment of Agreement". 18. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted under applicable law,whichever is the lesser)until paid. Client further agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attorney's fees,as well as costs attributed to suspension of services accordingly. In the event legal action is necessary to enforce the payment provisions of this Agreement,the Engineer shall be entitled to collect from the Client any judgement or settlement sums due, reasonable attorneys'fees,court costs and expenses incurred by the Engineer in connection therewith and,in addition,the reasonable value of the Engineer's time and expenses spent in connection with such collection action, computed at the Engineer's prevailing fee schedule and expense policies. If the Client fails to make payments when due or otherwise is in breach of this Agreement,the Engineer may suspend performance of services upon five(5)calendar days'notice to the Client. The Engineer shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused 3 05 Engineering Resource Associates,Inc.-August,2004 by any breach of this Agreement by the Client. Client will reimburse Engineer for all associated costs as previously set forth in Item 13 of this Agreement. Payments due Engineer are not contingent upon project approval or project financing and are the sole responsibility of the Client. If an invoice for work performed by Engineer remains unpaid sixty(60)days form the date of the invoice and,if there is no written resolution of payment from the client during the sixty(60)day period,Engineer will stop all work on the assignment. 19. INDEMNIFICATION: Engineer agrees,to the fullest extent permitted by law,to indemnify and hold harmless Client up to the amount of this contract fee(for services)from loss or expense,including reasonable attorney's fees to the extent caused by Engineer's negligent acts,errors or omissions in the performance of professional services under this Agreement.Client agrees, to the fullest extent permitted by law,to indemnify and hold harmless Engineer from any damage,liability or cost,including reasonable attorneys'fees and costs of defense,to the extent caused by the Client's negligent acts,errors or omissions and those of his or her contractors,subcontractors or consultants or anyone for whom the Client is legally liable,and arising form the project that is the subject of this Agreement. In the event of joint or concurrent negligence of Engineer and Client,each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties)which caused the personal injury or property damage. Engineer shall not be liable for special, incidental or consequential damages,including,but not limited to loss of profits,revenue,use of capital,claims of customers, cost of purchased or replacement power,or for any other loss of any nature,whether based on contract,tort,negligence,strict liability or otherwise,by reasons of the services rendered under this Agreement. 20. LIMIT OF LIABILITY: The Client and the Engineer have discussed the risks, rewards, and benefits of the project and the Engineer's total fee for services. In recognition of the relative risks and benefits of the Project to both the Client and the engineer,the risks have been allocated such that the Client agrees that to the fullest extent permitted by law,the Engineer's total aggregate liability to the Client for any and all injuries,claims,costs,losses,expenses,damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes,including attorney's fees and costs,and expert witness fees and costs,shall not exceed the total Engineer's fee for professional engineering services rendered on this project as made part of this Agreement. Such causes included but not limited to the Engineer's negligence,errors,omissions,strict liability or breach of contract. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. 21. NOTICES:Any notice or designation required to be given to either party hereto shall be in writing,and unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party to whom such notice is directed at such party's place of business or such other address as either party shall hereafter furnish to the other party by written notice as herein provided. 22. ACCESS AND PERMITS:Client shall arrange for Engineer to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries,overhead and fee)incident to any effort by Engineer toward assisting Client in such access,permits or approvals,if Engineer perform such services. 23. WAIVER OF CONTRACT BREACH:The waiver of one party of any breach of the Agreement or the failure of one party to enforce at any time,or for any period of time,any of the provisions hereof,shall be limited to the particular instance,shall not operate or be deemed to waive any future breaches of this Agreement and shall not be construed to be a waiver of any provision,except for the particular instance. 24. OPINIONS OF PROBABLE COST: Since Engineer has no control over the cost of labor, materials or equipment, or over the Contractor(s)method of determining process,or over competitive bidding or market conditions,his opinions of probable Project Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry,but Engineer cannot and does not guarantee that proposal,bids or the Construction Cost will not vary from opinions of probable construction cost prepared by him. If prior to the Bidding or Negotiating Phase, Client wishes greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator Consultant for the purpose of obtaining a second construction cost opinion independent from Engineer. 25. CONSTRUCTION OBSERVATION CLAUSE:The Owner will include the following clause in the construction contract documents and Owner agrees not to modify or delete it: Kotecki Waiver: Contractor(and any subcontractor into whose subcontract this clause is incorporated)agrees to assume the 4 of 5 Engineering Resource Associates, Inc.-August,2004 entire liability for all personal injury claims suffered by its own employees,including without limitation claims under the Illinois Structural Work Act,asserted by persons allegedly injured on the Project;waives any limitation of liability defense based upon the Workers Compensation Act,court interpretations of said Act or otherwise;and agrees to indemnify and defend Owner and Engineer and their agents,employees and consultants(the"Indemnities")from and against all such loss,expense,damage or injury,including reasonable attorneys'fees,that the indemnities may sustain as a result of such claims,except to the extent that Illinois law prohibits indemnity for the indemnities'own negligence. 26. SEVERABILITY OF INVALID PROVISIONS:If any provision of the Agreement shall be held to contravene or to be invalid under the laws of any particular state,county or jurisdiction where used,such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. 27. HAZARDOUS MATERIALS:It is acknowledged by both parties that Engineer's scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event Engineer or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of Engineer's services,Engineer may at his option and without liability for consequential or any other damages,suspend performance of services on the project until Client retains appropriate specialist consultant(s)or contractor(s)to identify,abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the job site is in full compliance with applicable laws and regulations. 26. RIGHT OF ENTRY:Client hereby grants Engineer and its subcontractors or agents the right to enter from time to time property owned by Client and/or other(s)in order for Engineer to fulfill the scope of services included hereunder. Client understands that use of exploration equipment may cause some damage,the correction of which is not part of this Agreement. Client also understands that the discovery of certain hazardous conditions and/or taking preventive measures relative to these conditions may result in a reduction of the Property's value. Accordingly,Client waives any claim against Engineer and its subcontractors or agents,and agrees to defend,indemnify and hold Engineer harmless from any claim or liability for injury or loss allegedly arising from procedures associated with subsurface exploration activities or discovery of hazardous materials or,suspected hazardous materials. In addition,Client agrees to compensate Engineer for any time spent or expenses incurred by Engineer in defense of any such claim with compensation to be based upon Engineer's prevailing fee schedule and expense reimbursement policy.Engineer shall not be liable for damage or injury from damage to subterranean structures(pipes,tanks, cables,or other utilities,etc.)which are not called to Engineer's attention in writing and correctly shown on the diagram(s) furnished by Client to Engineer. 29. SAMPLES:Soil, rock,water and/or other samples obtained from the Project site are the property of Client. Engineer shall preserve such samples for no longer than sixty(60)calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected hazardous substances,it is Client's responsibility to select and arrange for lawful disposal procedures,that is,procedures which encompass removing the contaminated samples from Engineer's custody and transporting them to a disposal site. Client is advised that,in all cases,prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures. Due to the risks to which Engineer is exposed,Client agrees to waive any claim against Engineer,and to defend,indemnify and hold Engineer harmless from any claim or liability for injury or loss arising from containing,labeling,transporting,testing,storing,or other handling of contaminated samples. Client also agrees to compensate Engineerfor any time spent and expenses incurred by Engineer in defense of any such claim,with such compensation to be based upon Engineer's prevailing fee schedule and expense reimbursement policy. END OF GENERAL TERMS AND CONDITIONS 5 05 Engineering Resource Associates,Inc.-August,2004 w Exhibit G Sample Project Engineer Certificate Project Engineer for the Deerpath Woods Subdivision hereby certify that,to the best of my knowledge,all construction has been completed in accordance with the plans and specifications approved by the Village of Oak Brook and meets the requirements set forth by the Village. Given under my hand and seal at Illinois this day of 920 (Seal) Sample Project Surveyor Certificate I, , Project Surveyor for the Deerpath Woods Subdivision hereby certify that,to the best of my knowledge,all requirements of section 14-6-3J of the Village of Oak Brook Subdivision Regulations have been completed. Given under my hand and seal at Illinois this day of 920 . (Seal) G-1 6�OF CAIC 4 'O�COUMI�`v� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521-2255 August 11. 1993 708 990-3000 MEMO TO: Robert Nielsen. Building Commissioner Dale L. Durfey, Jr. . P.F. , Village Engineer JECT: Policy regarding when building permits can be approved for a lot in an uncompleted subdivision This memo supersedes my memo of November V. 1990 on this subject and establishes the minimum requirements for issuance of a building permit for a lot in an uncompleted subdivision or unit. The following is required: 1 . Water fain Extension - The water main must be installed, pressure tested. chlorinated and an IEPA Operating Permit must be received by the Village. A b-box(es) must be provided. 2. Storm Sewer - The storm sewer must be installed with a service stub provided. 3. Sanitary Sewer - The sanitary sewer must he installed and then tested and accepted by the Hinsdale Sanitary District or the Downers Grove Sanitary District. A service stub must be provided. 4. Pavement - A serviceable roadway must be in place. (At least 12" stone. 24' wide). 5. Stormwater Detention Facilities - All basins must be constructed with orifices/storm sewers in place and must be operational. The erosion control measures must. be in place: permanent erosion control measures are recommended, but temporary erosion control measures will be accepted. 6. As-builts - A subdivision "as-built" utility plan must be submitted to the Village. The plan must include dimensions from lot corners to the b-box and storm and sanitary service stubs. These dimensions must he certified as correct by the P.E. overseeing the project. This information must be. at a minimum. for the lot for which a building permit is sought. If the entire .subdivision or unit hasn' t been completed. any lot can receive a building permit if the above requirements are met for that lot. Res p ct ul v submitted. Dale L. Durfey. Jr.. P.E. . DI.D/etk Village Engineer cc: Richard Vaiciulis. Engineering Department C- )(ti 414- Y VILLAGE OF OAK BROOK Per nt# 09430E Permit Inspection Sheet Date, AD DEERPATH WOODS CT. ?TIrIJIT SI, �bIVIS1CN -OWN5Wl= I NT":', JIM WILLET PHEJNE AaQRESS.� My. EIUE14 .rCflNTRACTR. 'HONE "EL F (CIA / CELTIC ELECTRIC PICNE 630-917-4380 I�LUMB.wrR! 4F kIIIE : ENG. Pt3 A�tIQ TO "� ' PE [ " pE rs ELECTRIC SERVICE FOR BOND POSTED BY: IRRIGATION SYSTEM INSPECTIONS F9TIN � FOt�NI�AT�t� l DRAIN TILE ND DAMPRCtJFlNG- rOUCH. FRAM & Et ROUGH PL.IJMBING. UNI3ERGRND PLMB- ' IJNaE r GF ND-ELE L.AB�M, y FLSHING & PACER' h ; TtFIUI SSW EI PE CT 11' rt ELEC: SERVE. 1=ACEDTC� Ct ED. CEl IN,Q ;MISG�LL.ANE �US FINAL. I P TIO Z ` r E f , BOND 'EFL �I�IDE'I� �ERTIFCCTE {�F'kCUPAII ,1 IIE " ; FIREPRVyN'I`IN. •NOTES: oF -OFFICE USE ONLY- .e VILLAGE OF OAK BROOK PERMIT NO. Department of Community Development _ `"=Y•T' FEE 1200 Oak Brook Road, Oak Brook, IL 60523 p�,\ Tel: 630-990-3045 Dept.Approval: ° + r f° `\ Julill` Hours: Monday - Friday 8:00 a. - 4:00 p.m. Date: E7 i Owner/Tenant �� Job approval is subject to local esV> liE CAL Ordinances.Oak Brook follows ITY EVEL(JhnENT DEPT. Ra Location/Suite# ✓ 4 v` AL "ectrical Code 1999 vs cm RESIDENTIAL FEE COMMERCIAL FEE Square Footage Sq.Ft. Service Voltage Amperage Service ` Amps © Q Electric Heat KW gC� Minimum Fee Total Fee b c o 0 COMMERCIAL CIRCUITS COMMERCIAL EQUIPMENT 2 wire 3 wire 3 or 4 wire FEE Appliances Number KW FEE 15 amp Up to 20 KW 20 amp Over 20 KW • 30 amp Motors Number HP 60 amp Up to 20 HP COMMERCIAL OPENINGS Number FEE 21 to 50 HP Class I Systems 51 HP&Up Class II Systems COMMERCIAL MINIMUM FEE OTHER APPARATUS AND EQUIPMENT: REMARKS: Cq_ 5 ASCU INSPECTION FEE: i Name and signature of electrical contractor , l 1 Lf Address 5.;7- O L 'e Gt y o - ° -� 3 yi street town zip phone# R Name of electrical contractor company _ la N aL ki C- License expires: l City of electrical registration: A a oel-tt"IAP License#: X9 69 All work must be done in accordance with the Ordinances of the Village of Oak Brook.This Department must be notified for inspection not less than 24 hours before closing in any conduit or other electrical material used. Reinspection fees will be applied. ELEC.APP 10/01 FRED BUCHOLZ DUPAGE COUNTY RECORDER JAN.15,2008 3:31 PM OTHER 06-35-405-003 010 PAGES R2008-007907 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK L1200 Oak Brook Road oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PA E Title of Document DECLARATION OF STORMWATER FACILITIES EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS FOR DEERPATH WOODS SUBDIVISON Property Address/es VACANT LAND-WEST SIDE OF ADAMS RD., SOUTH AND EAST OF (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) BREAKENRIDGE FARM AND NORTH OF OGDEN AVE., OAK BROOK, IL 60523 Pin/s Number 06-35-405-003 Name & Address of Applicant: DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT 14628 JOHN HUMPHREY DR., ORLAND PARK, IL 60462 Name &Address of Responsible DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT Party to Receive Copy of 14628 JOHN HUMPHREY DRIVE Recorded Document and Billing: ORLAND PARK, IL 60462 G/L Account#to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account#to be Charged: DECLARATION OF STORMWATER FACILITIES EASEMENTS, COVENANTS,CONDITIONS AND RESTRICTIONS FOR DEERPATH WOODS SUBDIVISION This DECLARATION is made and entered into as of the21 may of November, 2007, 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 the "VILLAGE"), and Deerpath Woods, LLC, an Illinois limited liability company, have its office at 14628 John Humphrey Drive, Orland Park, Illinois 60462 (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 improvements 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 the 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 areas noted as "Stormwater Detention_Easement" on the Subdivision Plat,recorded as Document Number R 2 00 9 — U 0 rl °t O 5 , a perpetual nonexclusive easement for the purpose of constructing, operating and maintaining detention facilities as detailed within the IMPROVEMENT PLANS. No use of the Stormwater 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. 2. On-Site Stormwater Facilities. OWNER shall perform all maintenance (defined as the selective removal of woody material and accumulated debris from, or repairs to, a stormwater facility so that such facility will perform the function for which it was designed and constructed) of all on-site stormwater facilities (defined as 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 drainage surface and subsurface water from land) constructed pursuant to the IMPROVEMENT PLANS. OWNER submitted a Stormwater Management Permit Application to the VILLAGE with the subdivision application. Excerpts from that Application are stated in Exhibit C attached hereto and made a part hereof. OWNER shall perform all maintenance responsibilities and obligations contained in said Exhibit C. 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 1 on such stormwater facilities in the event the OWNER shall fail to do so within thirty (30) calendar days following notice in writing to OWNER. Should 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 stormwater facilities, provided, however, that (a) in no case shall such entry be made without first giving notice, or reasonably attempting to give notice, to the occupants of the PROPERTY prior to entry, (b) except for emergencies, such entry shall be made only during reasonable business hours, and (c) such right of entry shall in no instance extend to any buildings located on the PROPERTY. If the VILLAGE shall provide such maintenance, it shall have the right to be reimbursed within thirty (30) calendar days of billing for all reasonable out-of-pocket costs and expenses incurred in connection therewith. OWNER acknowledges and agrees to make any such reimbursement within thirty (30) calendar days after receipt of an itemized statement detailing all costs and expenses. It is further agreed that in addition to the rights and remedies at law or at equity, the VILLAGE shall have a lien on the PROPERTY to secure payment of such amounts due to the VILLAGE for the work and the Village may enforce and foreclose on said lien, including attorney's fees and costs, by an action filed in the appropriate court in DuPage County. The VILLAGE agrees that, in the event it provides such maintenance, (a) it will exercise due care and caution so as not to unnecessarily damage or harm the PROPERTY and any landscaping, buildings or other improvements thereon and (b) it will repair and/or reimburse and make whole the OWNER for any unreasonable damage or harm to the PROPERTY or any landscaping, buildings or other improvements thereon 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 1200 Oak Brook Road Oak Brook,Illinois 60523 Attention: Village Manager To OWNER at: Deerpath Woods, LLC 14628 John Humphrey Drive Orland Park, Illinois 60462 Attention: Mr. James Willett 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. 2 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. 6. Amendment. The provisions of this Declaration may be amended by an instrument executed and acknowledged by OWNER and the VILLAGE.No such amendment shall be effective unless so executed and acknowledged by both parties 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. Village of Oak Brook, DuPage and Cook Counties, Illinois, a Municipal Corporation Village P esident Attest: Village Clerk 00U riy . Deerpath Woods, , an Illinois limited liability company By: �iWC James Willett, Manager I 3 STATE OF ILLINOIS ) i ) SS. COUNTY OF D u c-% 4—) I, the undersigned, a Notary Public in and for said County in the State o Illinois, do hereby certify that job M r L-1% r and personally known to me to be the sam 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, for the uses and purposes therein set forth. n4 ,A, // ! Given under my hand and official seal this_day of /V4 ✓PM'1 9.4- .2007. CAROL L RO SEAL NARTY Notary Public L NOTARY PUBLIC•STATE OF UMM My COMMISSION EXPIRES:11 �y My commission expires: P n STATE OF ` ) ) SS. COUNTY OF d P*-&C ) I, the undersigned, a Notary Public in and for said County in the State of Illinois, do hereby certify that James Willett, personally known to me to be the same persons whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal thisZ!sfday of NoV Ewt 02--_,2007. OFFICIAL SEA! STEVEN K NORCAARD Notary P lic NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES 08105111 My commission expires: 4 EXHIBIT A LEGAL DESCRIPTION THAT PART OF LOT 6 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS DOCUMENT NUMBER R84-95116, LYING NORTH OF A LINE PARALLEL TO AND 390.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 6, IN DUPAGE COUNTY, ILLINOIS. ALSO DESCRIBED AS LOTS 1, 2, 3, 4, 5, AND 6 IN DEERPATH WOODS SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO T PLAT THEREOF RECORDED " - l j- a009 7, AS DOCUMENT NUMBER R a 00 -0 0 05 COMMON ADDRESS: VACANT LAND ON WEST SIDE OF ADAMS ROAD, SOUTH AND EAST OF BREAKENRIDGE FARM AND NORTH OF OGDEN AVENUE OAK BROOK, IL 60523 P.I.N. 06-35-405-003 I A EXHIBIT B IMPROVEMENT PLANS Engineering improvement plans and specifications for the Deerpath Woods 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. Engineering Plans: 1. Title: Final Engineering Plans, Deerpath Woods 2. Date of Preparation: March 29, 2007 3. Last Revision Date: October 24, 2007 4. Prepared by: Engineering Resource Associates, Inc. Note: Sheet 3 of 17 (Grading Plan)has been reduced and is attached hereto as Exhibit B-1. B. Landscape Plans: 1. Title: Deerpath Woods Proposed Landscape Plan 2. Date of Preparation: June 20, 2007 3. Last Revision Date: November 12, 2007 4. Prepared by: Rolling Landscapes, Inc. Sheet 3 of 17 (Grading Plan) has been reduced and is attached hereto as Exhibit B-1. B �iVP:§ t�loll a i A v Y�q" aaaa fill !e $ 1 ¢ �1le� u:••eooelllll if1 a o `, Jf11 ! t���� � � �EtE�ooA�It da ' ' '�,' 9�cigfal�i 4�ear....••�I I I II� l R , �' \ � a x `a��FAR. If ,a ' ✓';; G� � 9 I =� ir+'�,� \\\at\ ` '� '� �'*"�-� •Ci`. f zW'. S` -� t � f f 5 a � `_ILPJ Wi .n4 yZy `d� +tt r.. ? ..&. .� ? l� +pq � i r '! ,� L �g F �\t`.I yy$ � --�� s,.,.- ,� �"" •�, I� i ,bra �� I <g > '+4:'4 �. � t I i+ ; �a!§S �. r lb.. r 'h y t 3 1t T. 1 y f Y '4p,, 'y ''g I��p, n=. �•.. h MW k L _ y j-ICI C a I i 1+11 e44 Ir r� �1 u _.��`... _. •. ".x ... _ r �ft� .. �gpy�'+ � tr � .I III I ��1 h A��g+1 M 'i"�7, t A��.I' Z .if1, •� �fiF■� � s xc q gg [kC68aeR g 3} t1 ,t� a �'/ �.g5 .�. � �� Tl6,'t AZa ] ;• gg.\ 14, 44i Vv- .�n>: r u5 Itil ty s a &!'� A81a1GRII loll 0, q: a /: '��� r 11 till t e „ ' fRG Y r t� ses EXHIBIT C STORMWATER MANAGEMENT SYSTEMS MONITORING AND MAINTENANCE PLAN TAB 7 - MAINTENANCE DEERPATH WOODS SUBDIVISION STORMWATER FACILITIES SCHEDULE OF IMPLEMENTATION 1. Install erosion control measures at locations as indicated on plans(Fall-2007). 2. Strip existing topsoil and stockpile (Fall-2007). 3. Provide silt fence or sediment trench around stockpile (Fall-2007). 4. Provide stabilized construction entrance(Fall-2007). 5. Perform mass grading on site (Fall-2007). 6. Install storm sewer and stubs for sanitary sewer and water main (FailMinter-2007). 7. Install roadway(Spring-2008). 8. Install straw bales, filter fabric, and sediment traps to protect drainage structures as work proceeds(As needed). 9. Finish grade subdivision and seed (Spring-2008). NOTE: All erosion control items shall be maintained throughout the project duration and until all areas are permanently stabilized. SHORT TERM MAINTENANCE SCHEDULE Silt Fence, Hay Bales and Catchall. 1. Shall be inspected weekly, immediately after each rainfall of 0.5" or more and at least daily during prolonged rainfall. 2. Sediments shall be removed after each rainfall of 0.5"or more. 3. Fabric shall be replaced if it becomes ineffective before ground has become permanently stabilized. Riprap: 1. Inspect riprap outlet structures after heavy rains to ensure erosion hasn't taken place or stones have been dislodged. Repair riprap if necessary. Stormwater Facilities: 1. Sediments should be removed from the catchall after each rainfall. 2. Clear deposited debris around silt fencing to prevent blockage. 3. Fix any damage that may occur to turf associated with stormwater facilities. LONG TERM MAINTENANCE SCHEDULE Owner will be responsible for the periodic monitoring and maintenance of all stormwater storage and stormwater collection and conveyance systems and components within the limits of the Subject Property. Such systems and components include, but are not limited to, storm sewers, storm drains, inlets, catch basins, manholes and appurtenances; overland drainageways; all containment berms, diversion swales and stormwater storage facilities; landscaping and ground cover within stormwater management facilities; and all permanent erosion and sedimentation control measures and devices and best management practices. C-1 Owner shall undertake appropriate measures to monitor and maintain such facilities in accordance with the policies and procedures established under the Village of Oak Brook stormwater ordinances as amended as part of its routine maintenance operations. The program for monitoring and maintaining the stormwater management and/or stormwater conveyance facilities imposed under this plan shall include the following operations and procedures: 1. Storm sewer and other drainage structures and appurtenances including catch basins, manholes, and inlets shall be periodically cleaned and kept clear of sediment and debris, retained at the elevations, lines and grades intended, and maintained in an operable condition capable of conveying stormwater runoff. 2. Swales and overland drainage ways shall be maintained to the line and grade established on the Final Engineering Plans for Deerpath Woods and supporting documents to convey stormwater runoff in a free and unobstructed manner. Landscape plantings, earthen fill, or other obstructions that impede the flow of stormwater shall be removed, the area shall be re-graded, and a vegetative cover shall be re-established to deter erosion. 3. The proper function of the stormwater storage basins is dependent upon maintaining both the structural integrity and the minimum elevation for the containment berms and it is also essential that the volume of potential storage available within the stormwater storage facilities be preserved. Substantial re-grading, placement of earthen fill, or other earthwork operations that would change the elevation, impair the structural integrity, or diminish the volume contained within the basins are prohibited. 4. A vegetative cover around and within the stormwater storage facilities and overland drainage swales is essential for the prevention of soil erosion and the deposition of sediments within the basin. The periodic replanting and replacement of vegetation shall be undertaken by Owner, when necessary, to maintain the vegetative cover. COMMITMENT AND RESPONSIBILITY Owner shall be the responsible entity for the long term funding and operation of the maintenance activities for the stormwater detention ponds and storm water facilities, as described herein. C-2 FRED BU CHOLZ DUPAG DER PM JAN.15,2008 OTHER 06-35—400—031 011 PAGES R2008-007908 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PA Title of Document EASEMENT AGREEMENT (DRAINAGE & UTILITY EASEMENT) (BETWEEN INSTITUTE IN BASIC LIFE PRINCIPLES, INC AND DEERPATH WOODS, LLC) Property Address/es (PART OF) 94 BREAKENRIDGE FARM (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin/s Number 06-35-400-031 Name & Address of Applicant: DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT 14628 JOHN HUMPHREY DR., ORLAND PARK, IL 60462 Name & Address of Responsible DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT Party to Receive Copy of 14628 JOHN HUMPHREY DRIVE Recorded Document and Billing: ORLAND PARK, IL 60462 G/L Account#to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To: 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): G/L Account#to be Charged: � III PREPARED BY AND AFTER RECORDING RETURN TO: STEVEN K.NORGAARD STEVEN K.NORGAARD,P.C. 493 DUANE STREET,SUITE 400 GLEN ELLYN,IL 60137 EASEMENT AGREEMENT THIS EASE NT AGREEMENT ("Agreement") is entered into as of the � -- day of , 2007 by and between the INSTITUTE IN BASIC LIFE PRINCIPLE , INC., an Illinois not-for-profit corporation (the "Institute"), and DEERPATH WOODS, LLC, an Illinois limited liability company ("Deerpath"). Deerpath and the Institute are at times collectively referred to hereinafter as the "Parties." RECITALS: WHEREAS, Deerpath is the owner of certain property located west of Adams Road, south and east of Breakenridge Farm and north of Ogden Avenue in Oak Brook, Illinois, which property is legally described on Exhibit A attached hereto and incorporated by reference (the "Subdivision Parcel'), and the Institute is the owner of that certain property adjacent and to the west of the Subdivision Parcel commonly known as 94 Breakenridge Farm, Oak Brook, Illinois, which property is legally described on Exhibit B attached hereto and incorporated by reference (the "94 Breakenridge Parcel'); WHEREAS, Deerpath desires an easement over that certain portion of the 94 Breakenridge Parcel legally described in Exhibit C (the "Easement Area") for the installation, construction and maintenance of drainage systems and connections to serve the Subdivision Parcel. WHEREAS, the Institute is willing to grant to Deerpath such easement in the Easement Area for the benefit of, and use by, Deerpath, and its successors and assigns, in accordance with and subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties hereto agree as follows: 1. Grant of Easement. Subject to the terms hereof, the Institute hereby grants and conveys to Deerpath a perpetual, non-exclusive easement (the "Easement") 1 over the Easement Area for the use and benefit of Deerpath, its successors and assigns, and their respective agents, employees, tenants and invitees to install, construct, reconstruct, inspect, replace, alter, enlarge, remove, repair, clean, operate and maintain various collection and drainage systems, together with any and all necessary connections, manholes, catch basins, pipes, storm sewers, swales, and without limitation such other appurtenances or devices as may be deemed necessary by Deerpath upon, along, under and through said easement, together with right of access across the property for necessary workers and equipment to do any of the above work and the right is also granted to cut down,trim or remove any trees, shrubs or other plants on the Easement that interfere with the operation of sewers, drains or general water flow. No permanent buildings or structures shall be placed on said easement, but the same may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforesaid uses and rights. All costs associated with the installation and maintenance of such collection and drainage systems shall be paid for by Deerpath without contribution from the Institute. 2. Term of Easement. The Easement shall commence as of the date hereof and shall be perpetual. Notwithstanding the foregoing, the Easement may be terminated by written agreement, in recordable form, executed by both Parties. 3. Maintenance, Repair or Replacement. Except as expressly granted herein, the Institute retains all rights with respect to the 94 Breakenridge Parcel and any improvements now or hereafter located thereon, including the right to use the Easement Area for purposes not inconsistent herewith and as permitted by law. 4. Running of Benefits and Burdens. The terms and conditions of this Agreement are made for the benefit of the Deerpath and its successors and assigns, and shall be a covenant running with the land. Any party may freely convey its lands hereunder, and each party owning any interest from time-to-time in either the Subdivision Parcel or the 94 Breakenridge Parcel shall only be liable under this Agreement for events and obligations existing or arising during the period of such party's ownership of an interest in such lands. 5. Governing Law. This Agreement and the performance thereof shall be governed,interpreted, construed, and regulated by the laws of the State of Illinois. 6. Notices. All legal notices required to be given to the Deerpath under this Agreement shall be delivered and addressed as follows: DEERPATH WOODS,LLC 14628 John Humphrey Drive Orland Park,IL 60462 With a copy to: Steven K.Norgaard 493 Duane Street, Suite 400 Glen Ellyn, Illinois 60137 2 All legal notices required to be given to the Institute under this Agreement shall be delivered and addressed as follows: Institute in Basic Life Principles, Inc. Box One Oak Brook, IL 60522 A Party may change its address for notice purposes, by giving the other Party a notice thereof in accordance with this paragraph. 7. Invalidity. If any provision of this Agreement shall be held invalid, the validity of the remainder hereof shall not be affected thereby. 8. Incorporation. All of the provisions and documents made reference in the Recitals and Preamble section hereunder are a material part of the Agreement and are hereby incorporated into the Agreement and made a part hereof. 9. Counterparts. This Agreement may be executed in multiple counterparts (each of which is to be deemed original for all purposes), but all of which together constitute one and the same instrument. 10. Modification; Waiver. This Agreement shall not be modified, extended or terminated other than as set forth herein, except by an instrument duly signed by both Parties. Waiver of a breach of any provision hereof under any circumstances will not constitute a waiver of any subsequent breach of such provision, or of a breach of any other provision of this Agreement. [SIGNATURE PAGE FOLLOWS.] 3 [SIGNATURE PAGE TO EASEMENT AGREEMENT.] IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. DEERPATH: DEERPATH WOODS, LLC, an Illinois limited liability company By: Name: Title: YU. THE INSTITUTE: INSTITUTE IN BASIC LIFE PRINCIPLES, INC., an Illinois not-for-profit corporation By: Name: &lziw Z-1 Title: 4 STATE OF ILLINOIS ) COUNTY OF D0094-61 ) I, STE V C/N K. NB,�C- � , a Notary Public in a d for said County, in the State aforesaid, DO HEREBY CERTIFY that �J-*- (der L as manager of Deerpath Woods, LLC, an Illinois limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such manager, appeared before me this day in person and acknowledged that s/he signed and delivered the said instrument as k t3own free and voluntary ct and as the free and voluntary act of said ry ry L.LC, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 2007. OFFICIAL SEAL STEVEN K NORGAARD _ NOTARY PUBLIC-STATE OF ILLINOIS ' of Public W COWASSION EXPIRES:09J05111 � STATE OF ILLINOIS ) ) COUNTY OF Pa 2 ) I, O b e pfi r:1� , a Notary Public in and for said County, in the State aforesaid, O BY CERTIFY that W . i I I %C' -' Go a r , as the re—sl X BY CERTIFY , of the Institute in Basic Life Principles, Inc., an Illinois not- for-profit corporation, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such &et -e.& , appeared before me this day in person and acknowledged that s/he signed and delivered the said instrument as own free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this /,4 7day of --S�gr2007. "OFFICIAL SEAL" Robert:J. Barth Notary ublic Notary Public,State of Illinois My Commission Exp.05/21/2009 5 EMUBIT A LEGAL DESCRIPTION OF SUBDIVISION PARCEL THAT PART OF LOT 6 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS DOCUMENT NUMBER R84- 95116, LYING NORTH OF A LINE PARALLEL TO AND 390.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 6. Common Address: Vacant land on west side of Adams Road, south and east of Breakenridge Farm, and North of Ogden Avenue Oak Brook, IL 60523 P.I.N. 06-35-405-002 A EXFHBIT B LEGAL DESCRIPTION OF 94 BREAKENRIDGE PARCEL THAT PART OF THE SOUTH HALF OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BREAKENRIDGE UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 28, 1990 AS DOCUMENT R90-175848 IN DUPAGE COUNTY, ILLINOIS, AND RUNNING THENCE SOUTH 44 DEGREES 58 MINUTES EAST (MEASURES SOUTH 45 DEGREES 37 MINUTES 04 SECONDS EAST) ALONG THE CENTER LINE OF A 16 FOOT PRIVATE ROAD EASEMENT, 43.12 FEET; THENCE SOUTH 16 DEGREES 09 MINUTES EAST ALONG SAID CENTER LINE, 55.53 FEET (MEASURES SOUTH 16 DEGREES 29 MINUTES 25 SECONDS EAST 55.37 FEET); THENCE SOUTH 7 DEGREES 28 MINUTES WEST ALONG SAID CENTER LINE, 83.91 FEET (MEASURES SOUTH 7 DEGREES 09 MINUTES 07 SECONDS WEST 83.81 FEET); THENCE SOUTH 28 DEGREES 44 MINUTES WEST ALONG SAID CENTER LINE, 88.99 FEET (MEASURES SOUTH 28 DEGREES 21 MINUTES 16 SECONDS WEST 88.93 FEET); THENCE SOUTH 51 DEGREES 53 MINUTES WEST ALONG SAID CENTER LINE, 48.23 FEET (MEASURES SOUTH 51 DEGREES 16 MINUTES 32 SECONDS WEST 48.27 FEET); THENCE SOUTH 73 DEGREES 11 MINUTES WEST ALONG SAID CENTER LINE, 64.32 FEET (MEASURES SOUTH 72 DEGREES 35 MINUTES 00 SECONDS WEST 63.82 FEET); THENCE SOUTH 72 DEGREES 00 SECONDS WEST ALONG SAID CENTER LINE, 55.02 FEET (MEASURES SOUTH 71 DEGREES 59 MINUTES 45 SECONDS WEST 55.35 FEET); THENCE SOUTH 54 DEGREES 16 MINUTES WEST ALONG SAID CENTER LINE, 48.41 FEET (MEASURES SOUTH 53 DEGREES 28 MINUTES 11 SECONDS WEST 48.51 FEET); THENCE SOUTH 48 DEGREES 36 MINUTES WEST ALONG SAID CENTER LINE, 67.95 FEET (MEASURES SOUTH 47 DEGREES 48 MINUTES 48 SECONDS WEST 67.92 FEET; THENCE SOUTH 57 DEGREES 11 MINUTES WEST ALONG SAID CENTER LINE, 46.85 FEET (MEASURES SOUTH 56 DEGREES 24 MINUTES 28 SECONDS WEST) TO THE CENTER LINE OF AN INTERMITTANT STREAM; THENCE NORTH 16 DEGREES 40 MINUTES WEST ALONG SAID CENTER LINE, 25.68 FEET (MEASURES NORTH 17 DEGREES 56 MINUTES 20 SECONDS WEST 25.65 FEET); THENCE NORTH 10 DEGREES 07 MINUTES WEST ALONG SAID CENTER LINE, 36.39 FEET (MEASURES NORTH 11 DEGREES 22 MINUTES 16 SECONDS WEST 36.25 FEET); THENCE NORTH 41 DEGREES 00 MINUTES WEST ALONG SAID CENTER LINE, 14.12 FEET (MEASURES NORTH 42 DEGREES 30 MINUTES 51 SECONDS WEST 14.23 FEET); THENCE NORTH 69 DEGREES 09 MINUTES WEST ALONG SAID CENTER LINE, 24.99 FEET (MEASURES NORTH 69 DEGREES 58 MINUTES 49 SECONDS WEST 25.41 FEET); THENCE NORTH 27 DEGREES 42 MINUTES WEST ALONG SAID CENTER LINE, 30.36 FEET (MEASURES NORTH 28 DEGREES 57 MINUTES 30 SECONDS WEST 30.45 FEET); THENCE NORTH 1 B-1 DEGREE 39 MINUTES EAST ALONG SAID CENTER LINE, 31.20 FEET (MEASURES NORTH 0 DEGREES 27 MINUTES 53 SECONDS EAST 30.94 FEET); THENCE NORTH 19 DEGREES 08 MINUTES EAST ALONG SAID CENTER LINE, 25.95 FEET (MEASURES NORTH 18 DEGREES 08 MINUTES 36 SECONDS EAST 25.59 FEET); THENCE NORTH 59 DEGREES 24 MINUTES EAST ALONG SAID CENTER LINE, 22.59 FEET (MEASURES NORTH 59 DEGREES 10 MINUTES 43 SECONDS EAST 22.10 FEET); THENCE NORTH 11 DEGREES 47 MINUTES EAST ALONG SAID CENTER LINE, 37.03 FEET (MEASURES NORTH 13 DEGREES 02 MINUTES 34 SECONDS WEST 36.91 FEET) TO THE MOST SOUTHERLY CORNER OF LOT 1 IN SAID BREAKENRIDGE UNIT 3; THENCE NORTH 62 DEGREES 49 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY LINE AND ALONG THE SOUTHERLY LINE OF LOT 1 IN SAID BREAKENRIDGE UNIT 3, 375.45 FEET TO THE PLACE OF BEGINNING, IN YORK TOWNSHIP, DUPAGE COUNTY, ILLINOIS. Commonly known as: 94 Breakenridge Farm Oak Brook, Illinois 60523 P.I.N.: 06-35-400-031 i B-2 EXHIBIT C LEGAL DESCRIPTION OF EASEMENT AREA THAT PART OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE SOUTHEAST CORNER OF LOT 2 IN BREAKENRIDGE UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 28, 1990 AS DOCUMENT R90- 175848 IN DUPAGE COUNTY, ILLINOIS, AND RUNNING THENCE SOUTH 44 DEGREES 58 MINUTES EAST (MEASURES SOUTH 46 DEGREES 14 MINUTES 05 SECONDS EAST) ALONG CENTER LINE OF A 16 FOOT PRIVATE ROAD EASEMENT, A DISTANCE OF 43.12 FEET; THENCE SOUTH 16 DEGREES 08 MINUTES EAST ALONG SAID CENTER LINE (MEASURES SOUTH 17 DEGREES 24 MINUTES 05 SECONDS EAST), A DISTANCE OF 56.55 FEET; THENCE SOUTH 7 DEGREES 28 MINUTES WEST ALONG SAID CENTER LINE, A DISTANCE OF 83.91 FEET (MEASURES SOUTH 06 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF 83.83 FEET); THENCE SOUTH 28 DEGREES 44 MINUTES WEST ALONG SAID CENTER LINE (MEASURES SOUTH 28 DEGREES 07 MINUTES 23 SECONDS WEST), A DISTANCE OF 51.62 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 28 DEGREES 44 MINUTES WEST ALONG SAID CENTER LINE (MEASURES SOUTH 28 DEGREES 07 MINUTES 23 SECONDS WEST), A DISTANCE OF 37.37 FEET; THENCE SOUTH 51 DEGREES 53 MINUTES WEST ALONG SAID CENTER LINE (MEASURES SOUTH 51 DEGREES 16 MINUTES 23 SECONDS WEST), A DISTANCE OF 37.65 FEET; THENCE NORTH 38 DEGREES 43 MINUTES 37 SECONDS WEST, A DISTANCE OF 33.00 FEET; THENCE NORTH 51 DEGREES 16 MINUTES 23 SECONDS EAST, A DISTANCE OF 30.89 FEET; THENCE NORTH 28 DEGREES 07 MINUTES 23 SECONDS EAST, A DISTANCE OF 30.61 FEET; THENCE SOUTH 61 DEGREES 52 MINUTES 37 SECONDS EAST, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2,253 SQUARE FEET,MORE OR LESS. o C. EASEMENT EXHIBIT LOT 2 BREAKENRIDGE FARM UNIT 3 PER DOCUMENT No. R90-175848 Q SCALE: 1"=40' T \ s 00 0a ELMER CARLSON'S PLAT OF SURVEY PER DOCUMENT No. 544428 / 00 QD o Q co 6' U.E.I.PER AND F.W. TESTS •00 NO. R84-95116 do R84-95118 PLAT OF SURVEY o0 PER DOCUMENT No. 536336 /N o m m / CENTERLINE 16' INGRESS—EGRESS EASEMENT .0�` PER DOCUMENT NOS. 867857, 536339, 604304, 485024, DRAI>!Ti�iG �O' �T R73-67368, 536336 AND EASMIM 546864 MOW GRANTaD2—�! rm °I BREAKENRIDGE FARM UNIT 1 no RECORDED NOVEMBER 27, 1984 AS DOCUMENT No. R84-95116 o3 /4J OSC / 16 EASEMENT / INGRESS—EGS / PER DOC. NO. R73 67 8 \ ENGINEERING RESOURCE ASSOCIATES,INC. C0N71n.TMEN0DWn3CHWf 3&SIIRVM= a �: c. a.uor 35701 PEST AVENUE,SUITE 130 426 SOUTH THIRD STREET wARRENVD.LE,DAdNOIS 60555 GENEVA. ILLINOIS 60134 PHONE(630)393-Sabo PHONE(6301 262-8689 G'\IBLP\250212\SURVEY\250212—PM_OFFSITE.DWG FAX(630)393-2152 FAX 1630)262-8698 Ar aR - E xlh l'br't c fq 2 � � L% FRED BUCHOLZ DUPAGE COUNTY RECORDER JAN.15,2008 3:31 PM OTHER 06—35—405—003 024 PAGES R2008-007909 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 CORDED DOCUMENT TITLE PAG Title of Document DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE DEERPATH WOODS SUBDIVISON Property Address/es VACANT LAND-WEST SIDE OF ADAMS RD., SOUTH AND EAST OF (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) BREAKENRIDGE FARM AND NORTH OF OGDEN AVE., OAK BROOK, IL 60523 Pin/s Number 06-35-405-003 Name & Address of Applicant: DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT 14628 JOHN HUMPHREY DR., ORLAND PARK, IL 60462 Name & Address of Responsible DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT Party to Receive Copy of 14628 JOHN HUMPHREY DRIVE Recorded Document and Billing: ORLAND PARK, IL 60462 G/L Account#to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account#to be Charged: Prepared by: Steven K. Norgaard, P.C. 493 Duane Street Glen Ellyn, IL 60137 After recording return to: The Village of Oak Brook Dept. of Engineering 1200 Oak Brook Road Oak Brook, IL 60523 DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE DEERPATH WOODS SUBDIVISION This Declaration of Covenants and Restrictions for the Deerpath Woods Subdivision ("Declaration") is made this L[s�day of , 2007, by Deerpath Woods, LLC, an Illinois limited liability company,hereinafter referred to as"Declarant". WITNESSETH: WHEREAS, Declarant is the owner of the real property commonly known as the Deerpath Woods Subdivision (hereinafter "Deerpath Woods") in the Village of Oak Brook, Illinois (the "Village") and legally described in Exhibit A, and is sometimes referred to herein as the "Development Tract"; WHEREAS, Declarant has recorded a plat of subdivision for Deerpath Woods (the "Plat") in the recorder's office of Dupage County as Document No. Kaoog- 0 U`l Ci OS WHEREAS, Declarant desires to develop Deerpath Woods as a residential community and desires to preserve the values and amenities in said community by subjecting the Development Tract to the covenants, restrictions, easements, charges, and liens hereinafter set forth, each and all of which is and are for the benefit of Deerpath Woods; and WHEREAS, Declarant deems it desirable for the efficient preservation of the values and amenities in Deerpath Woods to create an entity to which Declarant will delegate and assign, upon Turnover (as defined in Article 6), the powers of administering and enforcing the covenants, restrictions, easements, charges, and liens as delineated in this Declaration. 1 ti t NOW THEREFORE, Declarant declares that the real property described in Article I is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges, and liens (hereinafter referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I DEVELOPMENT TRACT -PROPERTY SUBJECT TO THIS DECLARATION The real property legally described in Exhibit A and known as Deerpath Woods is the Development Tract, consisting of Lots 1-6, which shall be subject to this Declaration. ARTICLE H GENERAL PURPOSES The purpose of this Declaration is to provide for a residential community of the highest quality and character for the benefit and convenience of the residents of Deerpath Woods. ARTICLE III DECLARANT'S RESERVED RIGHTS Section 1. EASEMENTS. Notwithstanding any provisions contained herein to the contrary, all covenants, restrictions, easements, charges, and liens created under this Declaration shall be subject to easements of record on the date hereof and any easements which may hereafter be granted by Declarant. Declarant shall have the right to designate and/or grant any and all easements which in its sole discretion are deemed necessary for the development of Deerpath Woods. Said easements shall include but are not limited to easements over, above, on, or under any part of Deerpath Woods which may be granted to either any public utility, any private utility, or any governmental body, for the installation of electrical service, telephone conduit lines, cable TV service, internet service, gas pipes, sewer pipes, water supply system, or a storm drainage system, including a storm detention or retention basin serving any lot. Section 2. ARCHITECTURAL REVIEW. No residence, structure, driveway, fence, patio or other improvement nor any landscaping or plant materials, shall be erected, placed, modified or altered on any lot in Deerpath Woods unless the same have been approved in writing by Declarant. Upon Declarant's creation of the homeowners association for Deerpath Woods (the "Homeowner's Association" or"Association", such terms to include any Association's successors or assigns) and transfer of control to the initial board of directors (the "Board of Directors") the right of architectural review shall vest in the architectural review board ("ARB") as set forth in Article IX. Whenever approval is required by Declarant, the owner of the lot shall submit the following information: 2 A. Construction plans and specifications showing the nature, kind, shape, height, materials, and color scheme of the proposed building or structure, including all requirements specified in that certain instrument entitled Deerpath Woods Subdivision Tree Preservation Covenants & Restrictions recorded contemporaneously herewith in the Dupage County Recorder's Office as Document No. OCR$ Q7 r7 (the"Tree Plan"); B. A list of all colors and materials proposed to be used on the exterior of the structure. C. A proposed grading plan and survey as engineered, surveyed and drawn by any engineer and/or surveyor specified or approved by Declarant or as required by the Tree Plan, showing the location on the lot of the building or structure, the location of all trees to be preserved and their dripline; D. Detailed proposed landscape plans, including the location and elevations of any retaining wall and/or tree wells,planting beds and proposed plant materials. Section 3. RIGHT TO REFUSE. Declarant shall have the right to refuse approval of any residence, structure, driveway, fence, patio or other improvement or landscaping or plant materials if it determines the same is not suitable or desirable for Deerpath Woods based on aesthetic considerations or other factors. Section 4. GUIDELINES. The Declarant shall promulgate and publish detailed architectural, building and landscaping guidelines and amendments thereto governing all improvements and landscaping of the lots and Deerpath Woods (the "Guidelines"). The Guidelines shall include, but shall not be limited, to the following: A. Homes shall be single family dwellings containing at least 6,000 but no more than 12,000 square feet of finished living area, not to include garage,basement or patio areas. B. The architecture of all homes must reflect a well crafted tradition utilizing durable and proven materials and construction techniques. Traditional vernacular building shapes are to be incorporated in the design of each home, and profile or perceived height should be kept as low as possible. Building height will be measured from elevation of the top foundation of the building. The first floor may not be more than one and one-half(1.5) feet above the average finished grade adjacent to the home. It is especially important that the perceived massing of any proposed residence feature structural spans no greater than those which can be achieved by dimensional lumber and traditional structural framing. C. Site plan, including proposed topography, must be prepared by and approved by Engineering Resource Associates, Inc. or another engineering firm acceptable to Declarant. 3 D. Lots are subject to the Village's R-1 zoning classification side yard setbacks which are subject to a minimum thirty (30) feet, and rear yard setbacks which are subject to a minimum of one hundred feet (100) feet. Lots 1 — 5 are also subject to all setbacks and easements shown on the Plat. E. The landscaping of each home must be completed within ninety (90) days of the temporary occupancy permit being issued or as weather permits, whichever is earlier. F. All tree protection, tree removal,tree trimming or tree service must be contracted by Homer Tree Service or another tree contractor acceptable to Declarant and must strictly comply with the Tree Plan. G. Exterior elevations must consist of brick and/or stone masonry, cedar siding, cedar shake or stucco but not Exterior Insulation Foam System (EIFS; commonly known as Dryvit) siding. Use of the same brick or stone within the subdivision is discouraged. Exterior lighting on homes shall use white light bulbs of 60 watts or less. No colored lights are permitted. H. Swing-type doors are encouraged for all exterior door openings. No jalousie windows or snap-in type muntins are permitted. Screen material shall be dark grey fiberglass, aluminum or copper. Shutters shall be designed and proportioned to fit the size of the window. I. Chimneys must be all masonry construction and a minimum of five (5) feet be two (2) feet in plan, utilizing brick, stucco or stone cladding materials. All exterior exposed fireplace chimneys must be approved by Declarant. J. No homes, including eaves, soffits, fascia or overhangs of aluminum, vinyl clad metal, or composite board siding will be permitted. All materials must be approved by Declarant. K. No homes shall have flat roofs (except over porches or entry ways), mansard roofs, turrets, metal or plastic awnings, or bubble skylights. Use of flat glass skylights is discouraged but if necessary must be located on the rear portions (rear yard) of the roof. Roofing materials must be cedar shakes, tile, slate or other material approved by Declarant. L. All gutter and flashing materials, including roof valleys and bays, must be approved by Declarant. Use of copper, lead coated copper, and terne-coated stainless steel is encouraged. Galvanized or aluminum flashing is not permitted. Gutter profiles must be in ogee half-round or integral configuration and detailed in such a fashion consistent with historic models. All plumbing vents within a reasonable distance of each other shall be combined into one vent 4 L extending through the roof, and all vents shall be covered with lead vent caps. No prefabricated dome-type metal roof vents are permitted. M. Each home shall have a garage enclosed on all sides with a minimum capacity of three cars. Garage doors will normally not face the street, except under special circumstances approved by Declarant. All garage doors must be sectional, panel type doors and be operated with automatic garage doors openers. Individual doors are required for each vehicle. Detached garages are permitted but the size and location must be approved by Declarant. Detached accessory buildings such as portable garden sheds or storage sheds are not permitted. N. Driveways to be constructed of concrete, paver brick or better and shall be designed to be the absolute minimum amount of paving surface as possible. O. All mailboxes shall be exactly the same style, shape and color and will be selected by Declarant. P. Fences shall not exceed a height of five (5) feet and be constructed of wood or masonry. All fences must be approved by Declarant. Fences may be installed by Declarant at the gateway entrance for the preservation of landscaping conservation easement areas and/or wooded areas as required by Declarant and/or the Tree Plan at site plan approval. Q. In-ground pools are permitted with the approval of Declarant. The location of an in-ground pool must be within the allowable building area of any lot, must be located a minimum of forty (40) feet from any lot line and shall be dictated by the Tree Plan. Approval may be denied if the location cannot conform to the Tree Preservation Plan. Basketball hoops, portable play equipment, and play equipment structures are not permitted in the front yard set back. R. No exterior television, internet or radio antennas of any type whatsoever shall be erected or installed and maintained, temporarily or permanently, except such antennas which shall be erected or installed as approved by Declarant. S. Television satellite dishes may not exceed one (1) meter (approximately 39 inches) in diameter. Satellite dishes may be installed in the rear yard of a home if screened by landscaping and safely located. Satellite dishes attached to the home should be located in the rear of the home if at all possible. All satellite dishes must be located for minimal visibility from the street. All television satellite dishes and their location must be approved by Declarant prior to installation. All approvals shall be in writing. T. Property and construction must conform with the Tree Plan. 5 i Section 5. DECLARANT'S DETERMINATION. All plans, specifications, and other information shall be filed in the office of Declarant (set forth in Article XI, Section 2), for approval or disapproval. A report in writing setting forth the decision of Declarant and the reason therefore shall thereafter be transmitted to the applicant by Declarant within thirty (30) days after the date of filing the plans, specifications, and other information by the applicant. In the event Declarant fails to approve or to disapprove such application within thirty (30) days after the date of filing the plans, specifications, and other information, its approval will not be required and this Section will be deemed to be complied with. Section 6. SUBSTITUTE PROFESSIONALS. If Engineering Resource Associates, Inc. and/or Homer Tree Service cease, fail or are unable to perform the obligations required hereunder, or if Declarant desires to replace any such firm,they shall be replaced by a similar entity or company which shall be determined Declarant and then, after the turnover, by the Homeowners Association. Each substitute professional shall have substantially the same or superior professional qualifications as the predecessor. The Homeowners Association shall be responsible for all professional fees generated by the entities performing services for Deerpath Woods under these covenants. Section 7. GENERAL RIGHTS. Declarant shall have the right to execute all documents or undertake any actions affecting Deerpath Woods which in its sole opinion are either desirable or necessary to fulfill or implement, either directly or indirectly, any of the rights granted or reserved to it in this Declaration. ARTICLE IV COVENANTS AND RESTRICTIONS Section 1. All lots shall be used primarily for residential purposes. Home occupations and other commercial uses of the home are generally discouraged within Deerpath Woods. Home occupations or commercial uses may be permitted only if the use of the home is such that the average neighbor or passerby is not aware of the existence of the home occupation or other commercial use. The home occupation or commercial use must be subordinate and incidental to the residential use. The home occupation or commercial use must be completely within the home. No signs regarding the home occupation or commercial use are permitted. Section 2. No camping trailers, boats, tractors, trucks, motorcycles, mobile homes, or other vehicles of any type whatsoever are to be parked, stored, or left unattended, except temporarily(not to exceed seven consecutive days), on any of the lots,except in the garages on the lots; provided that the operable automobiles being used by the owners, occupants, and their invitees of the lots may be parked on the owners' driveways and private street as permitted by law. Section 3. No bicycles, carriages, or other articles shall be stored or left visible on any lot except when in use. Section 4. No signs of any kind shall be displayed to the public view on any lot except (a) one sign of not more than six square feet advertising the property for sale or such other 6 dimension approved by the Homeowners Association, and (b) any and all signs used by Declarant in connection with developing and advertising lots and/or homes in Deerpath Woods for sale. . Section 5. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose.No dog kennels of any type shall be kept or maintained on any of the lots and no household pets of any type whatsoever shall be kept, maintained, or housed anywhere on any of the lots except inside the dwelling unit. Section 6. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any of the lots or other approved areas, except in conservation or approved natural areas all in strict conformance with the Tree Plan, and no refuse pile or unsightly object shall be allowed to be placed or maintained on any of the lots. Trash, garbage, or other waste shall not be kept except in sanitary containers, which must be properly maintained. No trash, garbage, or other waste containers shall be stored, kept, or maintained anywhere except within the dwelling units or the garages on each of the lots, or in areas screened or fenced so as not to be visible from the street or adjacent lots, except on such days as such trash, garbage, or other waste material is to be collected and removed. Section 7. No drilling or mining operations of any type whatsoever shall be permitted upon or in any of the lots,nor shall any wells,tanks,tunnels, excavations or shafts be permitted upon or in any of the lots. No derrick or other structure designed for use in boring for oil or natural gas shall be erected,maintained, or permitted upon any of the lots. Section 8. No above ground swimming pools shall be erected, placed, or maintained upon any of the lots. Section 9. If there is any conflict with these Covenants and the Tree Plan, the Tree Plan shall control. Section 10. All structures to be erected shall comply with all government regulations, including zoning and building codes and must be approved by Declarant. Section 11. All easements created herein shall be subject to all public utility easements heretofore or hereafter granted. Section 12. All gas, electric, cable and telephone lines and facilities shall be underground except necessary above ground appurtenances. Section 13. The Village has or may have ordinances, codes, and regulations governing signs, fences, swimming pools, parking of vehicles, tennis courts, animals, and other matters. The requirements of the Village are in addition to those set forth in this Declaration and in the event of a conflict between the terms and provisions of this Declaration and/or the requirements of the Village,the provisions of such Village ordinances, codes or regulations shall prevail. 7 ARTICLE V EASEMENTS AND MAINTENANCE OF ROAD AND OTHER AREAS Section 1. GRANT OF Easements and reservation of rights. A. Subject to the provisions set forth in Section 3 of this Article, the Declarant hereby grants to each lot owner a non-exclusive easement for ingress and egress across, over and upon a private road shown on the Plat as "Deerpath Lane." Deerpath Lane runs over Lot 6 in Deerpath Woods. This easement grant is for the concurrent benefit and use of the owners of record of Lots 1 through 5, inclusive, in Deerpath Woods. This easement is also granted to the Village for use by its police, fire, ambulance and other emergency vehicles and any of its officials or employees. B. With respect to those areas designated as a "Tree Conservation Easement" on the Plat, the Declarant hereby retains for the benefit of itself and, upon Turnover, the Association, an easement in the nature of a restriction that no lot owner shall remove, destruct, cut, trim or mow any trees or other vegetation, living or dead, except as specifically permitted by Declarant or,upon Turnover, the Association. It is the purposes of these Tree Conservation Easements to preserve privacy between lots in Deerpath Woods and to preserve the natural, scenic, and wooded values of the designated areas and to prevent interference or impairment of those values. C. With respect to those areas designated as a "Landscape Easement" on the Plat, the Declarant hereby retains for the benefit of itself and, upon Turnover,the Association, an exclusive easement for ingress and egress over and upon such areas for the purpose of landscaping and maintaining such areas. It is the Declarant's purpose in creating these Landscape Easements to retain both the right and the obligation of selecting and maintaining all landscaping therein. Section 2. MAINTENANCE. The Association shall be responsible for the upkeep, maintenance, repair, restoration and replacement of Deerpath Lane, including, without limitation, keeping Deerpath Lane 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 Deerpath Woods, lighting of said entrance structure, installation of berms and retaining walls within Deerpath Woods,installation,maintenance and replacement of all landscaping within Lot 6 and adjacent Adams Road, the installation, maintenance, repair and replacement of all storm sewers and other storm water facilities within Deerpath Woods, the maintenance, repair and replacement of all detention and retention facilities within Deerpath Woods and for the maintenance of insurance against liability arising out of the obligations and acts and omissions of the Association, such insurance requirements being set forth in Article VI hereof. Section 3. RIGHTS RETAINED. The easement grant made to the owners of record of Lots 1 through 5 in Section 1 of this Article shall be subject to: A. The right of the Homeowner's Association through its Board of Directors to establish rules and regulations pertaining to the use,operation and maintenance of Lot 6. 8 t B. The right of the Homeowner's Association, in accordance with the articles of incorporation and by-laws, to borrow money for the purposes of improving or reconstructing Lot 6 and in aid thereof to mortgage said Lot 6, or a portion thereof. C. The right of the Homeowner's Association through its Board of Directors to declare or grant easements and licenses and to dedicate or transfer all or any part of Lot 6 to any public agency, authority, or public or private utility. D. The right of the Homeowner's Association to charge user fees or membership fees, or to require other special payment with respect to any improvements which may be constructed on and become part of Lot 6. Section 4. DELEGATION OF USE. Any lot owner may delegate in accordance with the by-laws, such lot owner's right of use and enjoyment to Lot 6 to such owner's family,or occupants of its lot. Section 5. WAIVER OF USE. No lot owner may become exempt from personal liability for assessments duly levied by the Association nor release the Lot owned by such owner from the liens and charges hereof, by waiver of the use and enjoyment of Lot 6 or by abandonment of such Lot. Section 6. TITLE TO LOT 6. The Declarant shall convey fee simple title of Lot 6 to the Homeowners Association upon Turnover, as hereinafter defined, subject to: A. The terms of this Declaration and all other covenants, conditions, restrictions and easements of record; B. Public zoning ordinances; C. Current real estate taxes; and D. Utility and public easements granted for sewer, water, gas, electricity, telephone,cable and any other utilities. ARTICLE VI HOMEOWNERS ASSOCIATION Section 1. CREATION. Upon conveyance of the first lot to a subsequent owner, Declarant shall incorporate under the laws of the State of Illinois a not-for-profit corporation to be named the Deerpath Woods Homeowners Association or any name similar thereto and shall prepare the incorporation documents and the by-laws of the Homeowners Association. The Homeowners Association shall have no rights or obligations under this Declaration, all rights and obligations being completely those of Declarant, until such time as all homes have been completed on lots one (1) through five (5) of the Development Tract and are being occupied by residents. Within sixty days of such time or sooner at Declarant's option, Declarant, by written assignment, 9 i will delegate and assign the rights and obligations in this Declaration to the Homeowners Association. The date of delivery of such assignment is referred to herein as"Turnover." Section 2. RESPONSIBILITY. After Turnover, the Homeowners Association shall be the governing body for all the owners of lots in Deerpath Woods, and shall be responsible for the obligations set forth in this Declaration. The Homeowners Association shall exercise all powers necessary to fulfill its obligation as delineated in this Declaration, its articles, and its by-laws. Section 3. MEMBERSHIP. Every person or entity who is a record owner of a lot in Deerpath Woods shall be a member of the Homeowners 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 or conveyance. Membership is appurtenant to and shall not be separate from ownership of a lot. Thus, membership shall automatically terminate upon the sale, transfer or other disposition by a member of their ownership of a lot in Deerpath Woods at which time the new owner shall automatically become a member of the Homeowners Association. If more than one person or entity is the record owner of a lot in Deerpath Woods, all such persons or entities shall be members. If any owner shall lease their residence, such lease shall be in writing, shall be for a term no less than six months and shall provide that the lease shall be subject to all of the terms, conditions and restrictions of this Declaration, and any breach thereof shall constitute a default under such lease by lessee. The owner shall remain bound by all obligations set forth in this Declaration. Only the occupant of the leased premises shall be entitled to the use of Lot 6. Each member of the Homeowners Association shall be bound by and shall observe the terms and provisions of this Declaration, the articles of incorporation, and by-laws of the Homeowners Association, and the rules and regulations promulgated from time to time by the Homeowners Association or its Board of Directors. Any person or entity who holds an interest in a lot in Deerpath Woods merely as a security for the performance of an obligation or any person in possession of a lot under a contract to purchase, shall not be a member of the Homeowners Association. Section 4. VOTING RIGHTS. After the creation of the Homeowners Association, per Article VI Section 1, each record owner of a lot in Deerpath Woods shall be entitled to one vote for each lot owned. If more than one member is the record owner of a lot,then the vote for that lot shall be executed as those members among themselves determine. In no event shall more than one vote be cast with respect to any such lot. Section 5. POWERS AND DUTIES OF THE HOMEOWNERS ASSOCIATION. A. The Homeowners Association shall have the duty to maintain, repair and replace Deerpath Lane and other portions of Lot 6 as set forth in Article V hereof as well as the duty to maintain any landscape easements or conservation easements shown on the Plat. 10 i B. The Homeowners Association shall have the right to suspend the voting rights of any member for any period during which any assessment levied by the Homeowners Association against the member's lot remains unpaid. C. The Homeowners Association shall have the right to enforce the tree preservation covenants set forth in the Tree Plan. D. After conveyance of Lot 6 by Declarant, the Homeowners Association may grant utility easements over Lot 6 in favor of any applicable governmental agency and/or public utility company for any necessary or desirable purposes. E. Declarant and the Homeowners Association agree that any subdivision gateway may be removed by the Village, at the expense of Declarant (before Turnover) or the Homeowners Association (after Turnover) upon 30 days prior written notice if said subdivision gateway is not being maintained to the satisfaction of the Village Board. The cost of such removal shall constitute a lien on all lots in Deerpath for the benefit of the Village. Section 6. MEETINGS. The initial meeting of the voting members shall be held upon ten(10) days prior written notice given by Declarant. Such written notice must be given within thirty (30) days of Turnover. Thereafter, there shall be an annual meeting of the voting members as provided in the Homeowners Association by-laws. A. After the initial meeting, 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 for any other reasonable purpose. B. Said meetings may be called by the president, the Board of Director, or the voting members having, in the aggregate, not less than a majority of the total votes of the Homeowners Association. Special meetings shall be held as provided in the Homeowners Association by-laws. C. The presence in person or by proxy at any meeting of the voting members having a majority of the total votes shall constitute a quorum. Unless otherwise expressly provided herein or required by the General Not-for-Profit Corporation Act, the articles of incorporation of the Homeowners Association or the by-laws of the Homeowners 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. Section 7. BOARD OF DIRECTORS. The affairs of the Homeowners Association shall be managed by a board of directors (the "Board of Directors" or `Board"). The number of directors shall be determined by the by-laws but shall never be fewer than three (3). At the initial meeting of the voting members, the Board of Directors shall be elected. Members of the Board 11 c elected at the initial meeting shall serve until the first annual meeting. The by-laws of the Homeowners Association 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. The voting members having a majority of the total votes may from time to time increase or decrease such number of persons on the Board or may increase the term of office of the Board members, provided that such number shall be not less than three(3)and that the terms of at least two (2) of the persons on the Board's term shall expire every other year. 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 a majority of the total votes. The Board shall elect from among its members the following officers: A. A president who shall preside over both its meetings and those of the voting members and who shall be the chief executive officer of the Board. B. One or more vice-presidents who shall assume the duties of the president if the president is unable to fulfill his or her duties. C. A secretary who shall keep the minutes of all meetings of the Board and of the voting members and who shall perform all duties incident to the office of secretary. D. 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 of the Homeowners Association. The members of the Board and the officers thereof shall not be liable to the Homeowners Association for any mistake of judgment, acts, or omissions made in good faith and in a manner he or she reasonably believed to be in or at least not opposed to, the best interests of the Homeowners Association. The Homeowners Association shall indemnify and hold harmless the members of the Board and the officers thereof against all contractual liability to others arising out of contracts made by them in their capacity as board members of the Homeowners Association. In the event of any disagreement between any members of the Homeowners Association relating to the use or operation of the common property or any question or interpretation or application of the provisions of this Declaration of the by-laws of the Homeowners Association,the determination thereof by the Board shall be final and binding on each and all such members of the Homeowners Association. Section 8. ACQUISITION OF INSURANCE COVERAGE. The Board of Directors shall obtain insurance coverage for Lot 6 to cover against loss or damage by fire or other hazards. The insurance shall be for the full insurable value (based upon current replacement cost) of insurable improvements on Lot 6 and the insurance premiums shall be a common expense. Such insurance coverage shall be written in the name of, losses under such policies shall be adjusted by, and the proceeds of such insurance policies shall be payable to, the Deerpath Woods 12 Homeowners Association. The insurance coverage shall, if possible, provide that the insurance as to the interest of the Homeowners Association shall not be invalidated by an act or neglect of any owners. The coverage shall contain an endorsement to the effect that said coverage shall not be terminated for non-payment of premiums without at least thirty days prior written notice to the Homeowners Association. The insurance policies shall contain waivers or subrogation with respect to the Board, its employees, and agents, owners, members of their household and mortgagees, and, if available, shall contain a replacement clause endorsement. The Board shall also obtain comprehensive public liability insurance including liability for injuries or death to persons, and property damage, in such limits as it shall deem desirable, and workman's compensation insurance, and other liability insurance as it may deem desirable, insuring each owner, the Homeowners Association, its officers, members of the Board, Declarant, and their respective employees and agents, if any, from liability in connection with any recreation facilities and/or the common areas and insuring the officers of the Homeowners Association and members of the Board from liability for good faith actions. The premium for such insurance shall be a common expense. ARTICLE VII MAINTENANCE ASSESSEMENTS Section 1. PERSONAL OBLIGATION FOR ASSESSMENTS; LIENS. Declarant, for each lot owned by it in Deerpath Woods hereby covenants that each owner of a lot in Deerpath Woods by acceptance of deed or other document of conveyance therefore, whether or not it shall be so expressed in any deed or other document of conveyance, shall be deemed to covenant and agree to pay the Homeowners Association regular assessments or charges and special assessments for capital improvements, maintenance and repairs 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. Each such assessment, 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. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the owner of such lot at the time when the assessment fell due. Section 2. PURPOSE OF ASSESSMENTS. The assessments levied by the Homeowners Association shall be used for the purpose of promoting the recreation, health, safety, and welfare of the residents of Deerpath Woods including, but not limited to the maintenance, and repair of improvements to Lot 6, the costs of insurance, and all costs incurred in the performance of its obligations under this Declaration and that certain Declaration of Stormwater Facilities, Easements, Covenants, Conditions and Restrictions for Deerpath Woods Subdivision recorded in the office of the recorder of deeds of Dupage County as Document No. R aU U 2— O Q T �Q] (the"Stormwater Declaration"). 13 Section 3. BASIS OF REGULAR ASSESSMENTS. The regular assessments shall initially be $500 monthly per lot. The regular assessment may be increased or decreased by a vote of the Board of Directors of the Homeowners Association, as hereinafter provided, for the next succeeding year and at the end of that year for each succeeding year. The aforementioned assessment shall be due and payable quarterly,on the first day of each quarter. The Board of Directors of the Homeowners Association may, at any time, after consideration of current maintenance costs and future needs of the Homeowners Associations, fix the actual assessment for any year at an amount lesser than that previously set for that year. The Board of Directors,through proper board action,may collect from the initial occupant of a home in Deerpath Woods a one time charge of two months' assessments to be deposited in the Homeowners Association's operating reserve account. Assessments paid prior to the creation of the Homeowners Association will be deposited in a segregated account held by Declarant. Section 4. SPECIAL ASSESSMENTS FOR CAPITAL EAPROVEMENTS. In addition to the regular assessments authorized by Section 3 hereof, the Homeowners Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part,the cost of any construction,reconstructing, unexpected repair,replacement of improvements to Lot 6, including expenses incurred from the obligations under the Stormwater Declaration,provided that any such assessment shall have the consent of a majority of the members of the Board of Directors. After a special assessment has been passed by the Board of Directors, it shall be mailed to each lot owner at the last address specified in the Association records. The mailing shall include (1) the amount of the special assessment, (2) the purpose of the special assessment, and (3) the payment terms for the special assessment. Section 5. CHANGE IN BASIS OF REGULAR ASSESSMENTS. Subject to the limitation of Section 3 hereof, and for the periods therein specified, the Homeowners Association may change the maximum and basis of the regular assessments fixed by Section 3 hereof prospectively for any such annual period provided that any such change shall have the assent of a majority of the members of the Board of Directors, at a meeting duly called for this purpose. The assessments may not be lowered to a sum that will not allow the Homeowners Association to pay for its obligations under this Declaration or the Stormwater Declaration. Section 6. OUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 4 AND 5. The quorum required for any action authorized by Sections 4 and 5 hereof shall be the presence in person at the meeting of a majority of the members of the Board of Directors. If the required quorum is not forthcoming at any meeting, another meeting may be called, and the required quorum at any such subsequent meeting shall be the same number, provided that no such subsequent meeting shall be held more than sixty days following the preceding meeting. 14 Section 7. DATE OF COMMENCEMENT OF REGULAR ASSESSMENTS. The regular assessments provided for herein shall commence on the date(which shall be the first day of a month and which may be prior to Turnover) fixed by Declarant or the Board of Directors of the Homeowners Association to be the date of commencement. Section 8. DUTIES OF THE BOARD OF DIRECTORS. Declarant or Board of Directors of the Homeowners Association shall fix the date of commencement and the amount of the assessment against each lot for each assessment period at least thirty days in advance of such date or period and shall, at that time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Homeowners Association and shall be open to inspection by any owner. A. Written notice of the assessment shall thereupon be sent to every owner subject thereto. B. The Homeowners Association shall upon demand promptly furnish to any owner liable for said assessment a certificate in writing signed by an officer of the Homeowners Association setting forth whether said assessments has been paid. Such certificate shall be conclusive of payment of any assessment therein stated to have been paid. Section 9. EFFECT OF NON-PAYMENT OF AN ASSESSMENT. If the assessments are not paid on the date when due (being the date specified in Section 7 hereof), 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, thereupon become a continuing lien on the property and an equitable charge running with the land touching and concerning it,which shall bind upon property in the hands of the then owner, their heirs, devisees, personal representatives, assigns, successors, and grantees and the limitation of the enforcement thereof shall coincide with the statutory limitation of the State of Illinois for the enforcement of oral agreements. There shall be a late payment penalty of$100.00 if the assessments are not paid within 30 days after written notice is given to the occupant. This sum is in addition to the interest and cost of collection, as provided herein. The personal obligation of the then owner to pay such assessment, however, shall remain their personal obligation to their successors in title unless expressly assumed by them. If title to a lot is held by an Illinois Land Trust, the trustee shall not have any personal liability for the assessment, but all beneficiaries of the trust shall be jointly and severally so liable. In the event title to a lot is held by more than one owner, all owners shall be jointly and severally liable. The lien shall attach to rents due from parties in possession to the record owners, provided that it 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 the assessment is not paid within thirty days after the delinquency date, the assessment shall bear interest from the date of delinquency at eighteen percent per annum, or the maximum rate of interest per annum permitted by the usury laws of the State of Illinois, and the Homeowners Association may bring an action at law against the owners personally obligated to pay the same or to foreclose the lien against the property. There shall be added to the amount of such assessment all the costs and fees of preparing and filing the complaint and maintaining and concluding such action. 15 . ' In the event a personal judgment or decree of foreclosure is obtained, such judgment or decree shall include interest on the assessment as above provided and reasonable attorney's fees to be fixed by the court together with all costs and fees of the action. The venue for all actions at law 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 held by or conveyed to a land trustee,the beneficiary or beneficiaries shall,upon the demand of the Homeowners Association, furnish a certified copy of the trust agreement. Section 10. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein may for any reason be subordinated by the Homeowners Association by written document executed by its duly authorized officers and shall without any writing be subordinate to the lien of any mortgage placed upon the properties subject to assessments for the purpose of purchasing the subject lot or lots provided, however, that such automatic subordination shall apply only to the assessments which arise subsequent to the lien of the mortgage or mortgages; and provided further that 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 such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. The owners agree upon accepting title that the lien of the assessments shall be prior to the homestead rights of the owners since it runs with the land and is in existence before commencement of ownership interests. Section 11. EXEMPT PROPERTY. The following property subject to this Declaration shall be exempt from the assessments, charges, and liens created herein: A. all property to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; B. Lot 6. Section 12. DECLARANT PROPERTY. Declarant shall pay 50% of the annual assessment for each lot it owns from the date of commencement of assessments until the date such lot is sold or transferred. ARTICLE VIII MAINTENANCE AND REPAIR OF OWNER'S LOT; LIABILITY FOR DAMAGE Section 1. RESPONSIBILITY OF OWNER. Each owner of a lot in Deerpath Woods shall provide at his or her own expense, all of the maintenance, decorating, repairs, and replacement on their own lot and keep same in good condition. In the event a lot owner fails to keep their lot in good condition,the Homeowners Association may do any work necessary to put the lot in good condition. The Homeowners Association shall assess the owner of the lot for the cost of the work and impose a lien in accordance with Article VII. 16 Section 2. LIABILITY FOR DAMAGE TO ASSOCIATION PROPERTY. Each lot owner in Deerpath Woods shall be liable for the expense of any maintenance, repair or replacement of improvements to Lot 6, conservation easement areas and landscape easement areas shown on the Plat, and detention ponds rendered necessary by his or her act, neglect, or carelessness or by that of any member of their family or their guests, employees, agents, or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Homeowners Association. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance companies of rights of subrogation. ARTICLE IX ARCHITECTURAL REVIEW BOARD Section 1. MEMBERSHIP AND APPOINTMENT OF THE ARB. Until Turnover, the Declarant shall be the sole member of, and make all decisions to be made by, the ARB. After Turnover,the ARB shall be a committee of the Association composed of between three(3)and five (5) persons, as determined by the Board of Directors. After Turnover, the Board of Directors shall have absolute authority to remove any person on the ARB, with or without cause. Section 2. ROLE OF THE ARB. The ARB is fully authorized, in its sole discretion, to accept or reject applications for approval in total or to require certain specific revisions. The decisions of the ARB shall be final and non-appealable. Every lot owner, by acceptance of a deed or other conveyance for itself, its successors, assigns, agents and employees hereby expressly waives any claim against the ARB, the Board of Directors, or the Homeowners Association, or their respective members, relating to or arising out of any action or inaction on the part of the ARB,including,but not limited to,any claim such lot owner may have by reason of any changes which may be made in the Guidelines (as hereinafter defined) or the rules or regulations (hereinafter referred to) subsequent to the date the ARB has acted on the application of a lot owner, which might have changed the nature or content of the lot owner's application or which might have had the effect of a differing result on the lot owner's application, had action not taken place until after the occurrence of the change in the Guidelines or in the rules and regulations. Section 3. ARCHITECTURAL. BUILDING AND LANDSCAPING GUIDELINES. The Declarant, and subsequently the ARB, shall promulgate and publish architectural, building and landscaping guidelines and amendments thereto governing all improvements and landscaping of the lots and Deerpath Woods (the "Guidelines"). The Guidelines may be amended or revised from time to time, by the Board of Directors and the ARB,jointly. The Guidelines shall be available for review at all reasonable times at the offices of the Homeowners Association and copies thereof shall be delivered to any lot owner upon request. The Board of Directors and the ARB may also jointly adopt rules and regulations controlling the procedures, timing, documents and fees for applications for approval from the ARB, which rules and regulations may or may not be embodied in the Guidelines. The ARB may charge any lot owner such fees as are necessary and reasonable (i) to cover the cost of processing such lot owner's application for approval, (ii) to cover the costs of any consultants engaged by the ARB or technical costs incurred by the ARB in acting on any application, and (iii) to compensate persons serving on the ARB for their time expended on the application, at such 17 rates as may be determined by the Board of Directors from time to time. Such fees shall constitute an individual assessment, recoverable as specified herein. Section 4. CONSTRUCTION CONDITIONS. Nothing contained herein shall eliminate or alter any owner's responsibility to comply in all respects with the ordinances, rules and regulations of the Village relating to zoning,building or construction, or any rules established by the Board of Directors and ARB governing construction on the lots and Deerpath Woods, including, but not limited to, the means of transporting and storing materials to and on any site, and the timing of construction and access to the site. Section 5. COMPLETION OF CONSTRUCTION. Any construction approved by the ARB shall be commenced on or about the date specified by the ARB in approving such construction, and shall be completed in strict accordance with the conditions of the approval given by the ARB not later than eighteen (18) months after construction has commenced, subject, however, to delays which may result from labor disputes, strikes, material shortages, weather conditions, governmental intervention, natural catastrophes or other causes beyond the reasonable control of the lot owner or its contractors,agents or employees,provided that for any such cause to constitute a cause which would justify a delay hereunder: A. The owner must notify the Board of Directors of the Association in writing of the nature of the cause and the date of the onset of the delay; B. The Board of Directors must agree in writing that the cause justifies a delay hereunder, and C. The owner must notify the Board in writing of the date when the delay ceases. Section 6. ENFORCEMENT. By acceptance of any deed or other conveyance for a Lot each owner for itself, its successors and assigns acknowledges and agrees that failure to comply with the terms of this Article, the Guidelines and the rules and regulations of the ARB or the terms of any approval given by the ARB could significantly alter the quality and character of Deerpath Woods and, accordingly, the ARB shall be entitled to (i) levy fines in such amounts as are set forth in the Guidelines or the rules and regulations, (which, shall constitute individual assessments) which fines may be designed as deterrents and penalties; or (ii) seek injunctive relief against any lot owner who attempts to construct or constructs any improvements or landscaping on any lot without the requisite ARB approval or in non- compliance with the approval given by the ARB (including relief in the form of an order requiring the dismantling and removal of such non-complying improvements or landscaping or requiring the lot owner to bring the same into compliance) and each lot owner acknowledges that injunctive relief is both necessary and appropriate for violations of this Article as the ARB and/or the Homeowners Association would have no adequate remedies at law. All costs of enforcement of this Article,including attorneys'fees shall be the responsibility of such lot owner and shall be an assessment against such lot owner's lot. Section 7. JURISDICTION OF VILLAGE. Approval by Declarant or the ARB will be evidence only that plans meet the Guidelines. Declarant's or the ARB's approval cannot be 18 considered as implied approval of any Village ordinance, code or other requirements established by the Village. In addition, the Village has or may have ordinances, codes, and regulations governing signs, fences, swimming pools, parking of vehicles, tennis courts, animals, and other matters. The requirements of the Village are in addition to those set forth in this Declaration and in the event of a conflict between the terms and provisions of this Declaration and/or the requirements of the Village, the provisions of such Village ordinances, codes or regulations shall prevail. ARTICLE X AMENDMENTS Section 1. AMENDMENT. Subsequent to a special meeting of the voting members, called in accordance with the provisions of Article VI Section 6,the provisions of this Declaration may be changed, modified, or rescinded by an instrument in writing setting forth such change, modification or rescission, signed by owners having at least a four-fifths (4/5) majority of total votes, and certified by the secretary of the Board of Directors. Notwithstanding the foregoing, no amendment affecting any rights of the Village hereunder may be made without the prior written consent of the Village. Section 2. NOTICE OF AMENDMENT. The change, modification, or rescission, accomplished under the provisions of the preceding paragraph, shall be effective upon recordation of such instrument in the office of the Recorder of Deeds of Dupage County, Illinois. Section 3. DECLARANT AMENDMENT. Declarant shall have the right to execute all documents or undertake any actions affecting Deerpath Woods which, in its sole opinion, are either desirable or necessary to fulfill or implement, either directly or indirectly, any of the rights granted or reserved to it in this Declaration. Declarant shall have the right to amend this Declaration without complying with Article X, Section 1 of this Declaration except no amendment affecting any rights of the Village hereunder may be made without the prior written consent of the Village. This right shall cease upon the election of the initial Board of Directors. ARTICLE XI GENERAL PROVISIONS Section 1. DURATION. The covenants and restrictions of this Declaration shall run with and bind the land so as to insure the owners of the lots in Deerpath Woods full enjoyment and benefit of their property. They shall inure to the benefit of and be enforceable by the Homeowners Association, or the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time these covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then owners of four-fifths (4/5) of the lots has been recorded agreeing to change said covenants and restrictions in whole or in part. No such agreement to change shall be effective unless made and recorded one (1) year in 19 advance of the effective date of such change and unless written notice of the proposed agreement is sent to every lot owner at least ninety (90) days in advance of any action taken. Section 2. NOTICES. Any notice required to be sent to any lot owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed with necessary.postage to the last known address of the person who appears as the lot owner on the records of the Homeowners Association at the time of such mailing. Prior to Turnover, any notice required to be sent to the Homeowners Association shall be deemed to have been properly sent when mailed with necessary postage to Declarant as follows: Deerpath Woods, LLC with a copy to: Steven K.Norgaard Attention: Mr. James Willett Attorney at Law 14628 John Humphrey Drive 493 Duane Street, Suite 400 Orland Park, Illinois 60462 Glen Ellyn, IL 60137 After Turnover, the Board shall determine a new address for the Homeowners Association and shall notify each lot owner of the same. Section 3. RIGHTS AND OBLIGATIONS. Each grantee by the acceptance of a deed of conveyance, and each purchaser under any contract for such deed or other conveyance, accepts the same subject to all covenants, restrictions, easements, charges, and liens, and the jurisdiction, rights, and powers created by this Declaration, and all rights, benefits and privileges of every character hereby granted, created, reserved, or declared, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall inure to the benefit of such person in like manner as if he had been the original grantee under the deed of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the rights described in this Article or described in any other part of this Declaration, shall be sufficient to create and reserve such easements and rights to the respective grantees, mortgagees, and trustees of such lot owners as fully and completely as though such rights were recited fully and set forth in their entirety in such documents. Section 4. LIBERAL CONSTRUCTION. The provisions of this Declaration shall be liberally construed, except when in conflict with the Tree Plan, to effectuate its purpose of creating a uniform plan for the operation of a fine community. Section 5. COVENANT TO ABIDE BY THIS DECLARATION. Declarant covenants to abide by each and every covenant and restriction set forth herein and agrees that all conveyances shall be subject to this declaration as though each and every provision herein was set forth in each and every deed or document affecting title to its property. Section 6. LOT OWNERSHIP IN TRUST. In the event title to any lot is conveyed to a title holding trust, under the terms of which all powers of management, operation, and control of the lot remain vested in the trust beneficiary or beneficiaries, then the beneficiaries there under from time to time shall be responsible for payment of all obligations, liens, or indebtedness and for the performance of all agreements, covenants, and undertakings chargeable or created under this Declaration against such lot ownership. No claim shall be made against any such title holding 20 trustee personally for payment of any lien or obligation hereunder created and the trustee shall not be obligated to sequester funds or trust property to apply in whole or in part against such lien or obligation. The amount of such lien or obligation shall continue to be a charge or lien upon the lot ownership and the beneficiaries of such trust notwithstanding any transfers of the beneficial interest of any such trust or any transfers of title to such lot ownership. Section 7. ENFORCEMENT. Enforcement of these covenants and restrictions may be made by Declarant, whether or not Declarant owns any lot at the time of enforcement, the Homeowners Association, the ARB, an assignee of Declarant and, as to Village-related concerns, the Village. Enforcement may occur through any proceeding at law or in equity against any person, persons or any entity violating or attempting to violate any covenant or restriction. Any such action may be to restrain or enjoin such violation(s) or to recover damages. No delay or failure on the part of Declarant and/or the Homeowners Association in exercising any rights, power or remedy provided in this Declaration, including the right to enforce any covenant or restriction, shall be construed or deemed to be a waiver of the right to do so thereafter. Should legal counsel be employed to enforce any covenant or restriction,to collect any lien or assessment or to prosecute the violation or the attempt to violate any covenant or restriction, then all costs incurred by reason of such enforcement or prosecution, including reasonable attorney's fees and expenses, shall be recoverable against, and shall be paid by,the person or entity against whom such enforcement or prosecution is brought. Any judgment or decree shall provide for payment of these costs. Declarant and/or the Homeowners Association shall have a lien upon any lot owned by any person or entity against whom enforcement or prosecution is brought in order to secure payment of all: (a) damages, awards and judgments accruing to Declarant and/or the Homeowners Association; and (b) costs, fees and expenses incurred by Declarant and/or the Homeowners Association to enforce the terms and provisions of this Declaration. The lien thereupon becomes a continuing lien on the property and an equitable charge running with the land touching and concerning it, which shall bind upon the property in the hands of the then owner, their heirs, devisees,personal representatives, assigns, successors, and grantees. Section S. SEVERABILITY. Invalidation of any one of these covenants, restrictions, judgment or Court Order shall in no way affect any other provisions, which shall remain in full force and effect. [ Signature Page to Immediately Follow ] 21 a IN WITNESS WHEREOF, DECLARANT hereto has caused this Declaration to be executedegally authorized manager, whose signature is hereunto subscribed this%X A` rday of OM , 2007. Deerpath Woods, LLC, an Illinois Limited Liability Company By: James Willett, Manag r 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 JAMES WILLETT, personally known to be a Manager of the Deerpath Woods, LLC, an Illinois Limited Liability Company, and personally known to me to be the person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Manager, he signed and delivered the said instrument, pursuant to authority given under the operating agreement of said limited liability company, as his free and voluntary act, and as the free and voluntary act and deed of said limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal,this V s day of 2007. OFFICK My STEVEN K NORG" NOTAW FUlIJC-STATE OF ALI M W CONMr MON E)SRESA8I05111 My Commission Expires: 22 • r EXHIBIT A THAT PART OF LOT 6 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS DOCUMENT NUMBER R84-95116, LYING NORTH OF A LINE PARALLEL TO AND 390.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 6, IN DUPAGE COUNTY, ILLINOIS. ALSO DESCRIBED AS LOTS 1, 2, 3, 4, 5, AND 6 IN DEERPATH WOODS SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THkLAT THEREOF RECORDED 1- 15- �00'9 7, AS DOCUMENT NUMBER K a 0 0 9 - U Orl 1 0,5' COMMON ADDRESS: VACANT LAND ON WEST SIDE OF ADAMS ROAD, SOUTH AND EAST OF BREAKENRIDGE FARM, AND NORTH OF OGDEN AVENUE OAK BROOK, IL 60523 P.I.N. 06-35-405-003 A-1 -'1 FRED BUCHOLZ DUPAGE COUNTY RECORDER JAN-15,2008 3:31 PM OTHER 06—35-405—003 010 PAGES R2008-007910 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RE ORDED DOCUMENT TITLE PA)E Title of Document DEERPATH WOODS SUBDIVISION TREE PRESERVATION COVENANTS & RESTRICTIONS Property Address/es VACANT LAND-WEST SIDE OF ADAMS RD., SOUTH AND EAST OF (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) BREAKENRIDGE FARM AND NORTH OF_OGDEN AVE., OAK BROOK IL 60523 Pin/s Number 06-35-405-003 Name &Address of Applicant: DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT 14628 JOHN HUMPHREY DR., ORLAND PARK IL 60462 Name &Address of Responsible DEERPATH WOODS, LLC-ATTENTION: JAMES WILLETT Party to Receive Copy of 14628 JOHN HUMPHREY DRIVE Recorded Document and Billing: ORLAND PARK, IL 60462 G/L Account# to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account#to be Charged: Prepared by and after recording return to: Steven K. Norgaard, P.C. 493 Duane Street Glen Ellyn, IL 60137 DEERPATH WOODS SUBDIVISION TREE PRESERVATION COVENANTS & RESTRICTIONS This Declaration is made this '—(b- day of November, 2007,by Deerpath Woods, LLC, an Illinois Limited Liability Company, hereinafter referred to as"Declarant". WITNESSETH: WHEREAS, Declarant is the owner of the real property commonly known as Deerpath Woods (hereinafter "Deerpath Woods") and legally described in Article I, and known as the Subject Property; WHEREAS, Declarant desires to develop Deerpath Woods as a residential community while preserving the wooded character of the Subject Property; and WHEREAS, Declarant desires to create a tree preservation program in said community by subjecting the property owned by it and described herein to the covenants and restrictions hereinafter set forth, each and all of which is and are for the benefit of said property. NOW, THEREFORE, Declarant declares that the Subject Property described in Article I is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants and restrictions (hereinafter referred to as the "Tree Preservation Covenants")hereinafter set forth. ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION The Subject Property, legally described on Exhibit A and known as Deerpath Woods, comprised of Lots 1 through 6, shall be subject to this Declaration A-1 ARTICLE H DEFINITIONS Arborist: An arborist certified by the ISA (International Society of Arboriculture) who is retained and compensated by a lot owner. Village: Village of Oak Brook Village Forester: The arborist or forester of the Village of Oak Brook. DBH: Diameter breast height of the trunk of a tree measured at five feet from ground level. HOA: The homeowners association formed to eventually govern the Deerpath Woods. Initial Construction: Construction of a home and ancillary structures (including, but not limited to a garage)prior to issuance of an occupancy permit. Subdivision Improvements: Private street, utility and other land improvements to be installed to serve the Subject Property. Tree Inventory: A detailed tree inventory of the Subject Property, dated November 2, 2006,prepared by Homer Tree Service. Individual Lot Site Development Plans ("ILSDP"): To be prepared by an Arborist, utilizing the Tree Inventory as a guide. These Plans, customized for each lot on the Subject Property, shall include the removal of individual trees permitted and preservation and protection of trees not to be removed, including but not limited to crown pruning, root pruning, auguring, fertilizing or mulching and shall include specific provisions for long term maintenance as provided herein. ARTICLE III COMPLIANCE WITH VILLAGE TREE PRESERVATION CODE PROVISIONS The Subject Property shall be subject to any tree preservation provisions of the Oak Brook Municipal Code ("Code") now in existence and hereinafter enacted, as amended from time to time (hereinafter referenced as a "Tree Preservation Ordinance"), and these Tree Preservation Covenants. Declarant and, upon turnover of its right and obligations, the HOA shall have the right, but not the obligation, to enforce the provisions of a Tree Preservation Ordinance and the provisions of these Tree Preservation Covenants as to all or any portion of the Subject Property. ARTICLE IV TREE PRESERVATION GUIDELINES A. The goal of these Tree Preservation Covenants is the long-term preservation, enhancement, and management of the existing tree community on the Subject Property and to protect and preserve its wooded character. Accordingly, no tree of six (6) inches DBH or greater 2 may be removed from the Subject Property without prior written approval from Declarant or the HOA and the issuance of any necessary tree removal permit from the Village. B. Declarant or the HOA may permit a lot owner to remove one or more trees otherwise protected hereunder to provide for single family residences and related improvements on an individual lot where there is no reasonable alternative to such removal. Reasonable alternatives to removal include, but are not limited to, relocation, realignment, redesign or reduction in size of the proposed residence and related improvements. Plans for Initial Construction shall be as minimally tree intrusive as possible. C. In the sole discretion of Declarant or the HOA, tree protection measures shall be completed at the direction of an Arborist. ARTICLE V GUIDELINES FOR DEVELOPING INDIVIDUAL LOTS A. Prior to Initial Construction, a lot owner shall submit to Declarant for review and approval a detailed ILSDP including all required tree preservation, grading, drainage and erosion control measures that will be used on that lot. If necessary or desired, Declarant may retain an arborist to assist in evaluating an ILSDP. B. Format. 1. Scale: The ILSDP should be drawn at a scale of no less than one inch equals twenty feet(1"=20'). 2. Size: The ILSDP shall be no less than twenty-four inches by eighteen inches (24"x 18") and shall include: the lot size, lot number, common address, certification by preparer, and plan notes C. Trees and Fencing. Each ILSDP shall include: 1. For each tree six inches (6") DBH or larger,the tree's location, species, DBH and condition. 2. Those trees proposed to be preserved at their present location, and those proposed to be removed, relocated or replaced. 3. The proposed location of construction envelope fencing and erosion control fencing on the site. Fencing must completely separate the construction site and the surrounding vegetation. The construction envelope shall be staked in the field by, or at the direction of a licensed engineer or surveyor prior to any clearing or other work on a lot. Fencing must remain in place until the time of final grading and landscaping 3 4. The specific pre-construction measures, including but not limited to, auguring, root pruning, crown reduction, overhead clearance pruning, and mulching,that are to be taken to minimize construction impact on those trees remaining on the site. 5. Areas for storage of spoil or materials. D. Site Engineering, Grading and Drainage. Each ILSDP shall include. 1. Existing contours on one-foot (1') contour intervals. Existing contours shall be shown in dashed lines and proposed contours shown in solid lines. 2. All elevations shall be on the USGS Datum, with benchmarks indicated, including: a. Spot elevations of all existing and proposed critical locations, including corners. b. Spot elevations at appropriate intervals along property lines or along the perimeter of the area to be regraded or relandscaped. C. Proposed top of building foundation. d. Elevations of all entries. e. Elevations of proposed finished ground grade at all significant points around the proposed building. Elevations and locations where drainage courses, ditches, swales of overland drainage flows cross the property lines. E. Erosion Control Requirements: Each ILSDP shall include 1. Conformance to all erosion and water management regulations. 2. Provisions and a time schedule for restoring grass and lawns or for other erosion control measures. F. Other. Each ILSDP shall include: 1. Driveways, sidewalks, parking areas, culverts and access roads including locations, shapes and spatial arrangement. 2. Setbacks established by Code and the plat of subdivision for Deerpath. 3. Sanitary sewers, storm sewers and water mains including the location of existing and proposed connections, invert elevations, and size. 4 4. Location and disposition of downspouts, footing drains, and sump pump. G. Long Term Maintenance Guidelines. The ILSDP shall include a section of long-term maintenance guidelines and plans for tree preservation for the lot (such guidelines and plans being referred to herein as a "Tree Preservation Plan") to which the lot owner shall adhere. H. Each ILSDP shall be revised as required for approval by Declarant and/or the HOA. ARTICLE VI INDIVIDUAL SITE PREPARATION—PRECONSTRUCTION A. Tree Removal and Protection: Each lot owner shall comply with the following in connection with construction on an individual lot: 1. Obtain a building permit by submitting plans conforming to the ILSDP approved by Declarant. 2. Remove only those trees indicated on the approved ILSDP. 3. Erect tree protection, construction envelope and conservancy area fencing according to the following requirements: a. No attachments, fences, or wires, other than those approved. b. All fencing must be secured to metal posts driven into the ground spaced no further than ten feet(10')apart. C. All fencing must remain in place during the entire construction period. d. All fencing must run continuously and completely enclose an area, or adjoin other fencing in order to protect the vegetation that is to remain on the site. e. All erosion control measures shall be erected per approved plan requirements. B. Site Visit. Declarant or its designated representative may visit the site prior to construction and thereafter from time to determine compliance with the measures required by these covenants. ARTICLE VII MAINTENANCE A. A certified arborist retained and compensated by Declarant and/or the HOA, may inspect the Subject Property from time to time and shall prepare a written Tree Preservation and Action Compliance Report("Compliance Report")which shall include, at a minimum,the following: 5 1. Documentation of compliance with the Tree Preservation Plan and review of the long term maintenance guidelines for the Subject Property. Any deviations from the Tree Preservation Plan shall be explained in detail identifying how, when and why such deviations occurred. 2. Identification of remedial maintenance needs for preservation and protection of trees on the Subject Property including recommended actions to address those needs. B. The Compliance Report shall be provided to Declarant and/or HOA and, upon request, to each lot owner. C. Upon receipt of the Compliance Report, Declarant and/or HOA may, but is not obligated, to review compliance with the Plans,' Any incidents of noncompliance as determined by Declarant and/or HOA shall be subject to the enforcement provisions set forth in Article VIII below. D. Declarant, or the HOA, once formed, shall be responsible for funding the Compliance Report. ARTICLE VIII GENERAL PROVISIONS A. The covenants and restrictions of this Declaration shall run with and bind the land so as to insure the owners of the Subject Property full enjoyment and benefit of their property. They shall inure to the benefit of and be enforceable as provided in this Article VIII by Declarant, the HOA or the owner of any lot in the Subject Property, and their respective legal representatives, heirs, successors and assigns for a term of thirty years from the date these Tree Preservation Covenants are recorded, after which time these covenants shall be automatically extended for successive periods of ten years unless an instrument signed by the then owners of three-fifths of the lots which comprise the Subject Property (excluding Lot 6) has been recorded agreeing to change said covenants and restrictions in whole or in part. Such agreement shall be effective upon recording thereof. B. Any notice required to be sent to any lot owner under the provisions of these Tree Preservation Covenants shall be deemed to have been properly sent with mailed postpaid to the last known address of the person who appears as the lot owner on the records of the Homeowners Association at the time of such mailing. C. Each grantee by the acceptance of a deed of conveyance, and each purchaser under any contract of any portion of the Subject Property for such deed or other conveyance, accepts the same subject to all covenants and restrictions, and the jurisdiction, rights, and powers created by these Tree Preservation Covenants, and all rights, benefits and privileges, of every character hereby granted, created, reserved, or declared, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall inure to the 6 benefit of such person in like manner as if he had been the original grantee under the deed of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the rights described in this or in any mortgage or trust deed or other evidence of obligation, to the rights described in this Article or described in any other part of these Tree Preservation Covenants, shall be sufficient to create and reserve such easements and rights to the respective grantees, mortgagees, and trustees of such lot owners as fully and completely as though such rights were recited fully and set forth in their entirety in such documents. D. The provisions of these Tree Preservation Covenants shall be liberally construed to effectuate its requirements to preserve the trees on the Subject Property while allowing for the construction of single-family homes creating a fine community. E. In the event title to any lot is conveyed to a title holding trust, under terms of which all powers of management, operation, and control of the lot remain vested in the trust beneficiary or beneficiaries, then the beneficiaries thereunder from time to time shall be responsible for the performance of all covenants, restrictions and undertakings chargeable or created under these Tree Preservation Covenants against such lot ownership. No claim shall be made against any such title holding trustee personally for any obligation hereunder created. F. Enforcement of these Tree Preservation Covenants shall be by any proceeding at law or in equity against any person, persons or entity violating or attempting to violate any covenant or restriction contained herein, either to restrain violation or to recover damages, and against the land to enforce any requirement created by these covenants. The provisions of these Tree Preservation Covenants shall be enforced by Declarant; and/or the HOA, and/or the owner of any lot subject to these Tree Preservation Covenants, their respective legal representatives, heirs, successors, and assigns. The prevailing party in any action brought to enforce the provisions of these Tree Preservation Covenants by Declarant, HOA, or a lot owner, including litigation expenses, title reports and attorney's fees, shall be paid by the entity or person violating or attempting to violate any covenant or restriction and any judgment or decree shall provide for payment of these costs. Failure by Declarant the HOA, or any owner of a lot in Deerpath Woods to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. G. Invalidation of any one of these covenants, restrictions,judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. [ Signature Page to Immediately Follow ] 7 IN WITNESS WHEREOF, DEERPATH WOODS, LLC has caused this Declaration to be executed by its legally authorized manager, whose signature is hereunto subscribed the date last above written. DEERPATH WOODS,LLC. By: NJ James Willett,Manager 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 James Willett, personally known to be the Manager of DEERPATH WOODS, LLC. and personally known to me to be the same persons whose names is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such Manager, he signed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal,this?A S day of N06/64f 70,2007. &'�'�Public My Commission Expires: OFFICWI.SEAL STEVEN K WACAM PUBLIC-NOTARY PUB -ST MAp MW W COSSION EXPIRESIMI1 8 EXHIBIT A THAT PART OF LOT 6 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS DOCUMENT NUMBER R84-95116, LYING NORTH OF A LINE PARALLEL TO AND 390.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 6, IN DUPAGE COUNTY, ILLINOIS. ALSO DESCRIBED AS LOTS 1, 2, 3, 4, 5, AND 6 IN DEERPATH WOODS SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE KLAT THEREOF RECORDED L r.5-oz o o 7, AS DOCUMENT NUMBER FZ 2 00 0 COMMON ADDRESS: VACANT LAND ON WEST SIDE OF ADAMS ROAD, SOUTH AND EAST OF BREAKENRIDGE FARM, AND NORTH OF OGDEN AVENUE OAK BROOK, IL 60523 P.I.N. 06-35-405-003 A-1 � a VE O F 044, JK P �90 0 6 � A O y C O A r COUNT1 ' Village of April 8, 2010 Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website www.oak-brook.org Mr. Jim Willett, Manager Deerpath Woods, LLC Administration 630.368.5000 14628 John Humphrey Drive FAX 630.368.5045 Orland Park, IL 60462 Community Re: Recorded Document on March 26, 2010 Development 630.368.5101 COVENANT RUNNING WITH LAND FAX 630.368.5128 (Entry Gate and Sign Monument within 10 Feet of a Water Main) R2010-039730 Engineering Vacant on Deerpath Lane—Private Road Outlot for Deerpath Woods Department 630.368.5130 Subdivision FAX 630.368.5128 Dear Mr.Willett: Fire Department 630.368.5200 FAX 630.368.5251 A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your Police Department files. 630.368.8700 FAX 630.368.8739 If you need any further assistance in this matter, feel free to contact me at 630- Public Works 368-5036 on Monday through Friday from gam to 5pm. Department 630.368.5270 FAX 630.368.5295 Sincerely, Oak Brook talt Public Library onachen 600 Oak Brook Road Administrative Clerk Oak Brook,IL 60523-2200 630.368.7700 FAX 630.368.7704 /kv Oak Brook Sports Core Enclosure Bath&Tennis Club 700 Oak Brook Road cc: Mike Hullihan, Director of Public Works/Engineering Oak Brook,IL 60523-4600 Robert L. Kallien, Jr., Director of Community Development 630.368.6420 Official Files FAX 630.368.6439 Golf Club /RECDOC/2010-RECLTR-COVE-OBJCT ROW-ENTRY GATE AND SIGN MONUMENT-DEERPATH LANE-DEERPATH WOODS,LLC 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 r FRED BUCHOLZ DUPAGE COUNTY RECORDER MAR.26,2010 9:00 AM OTHER 06-35-405-010 005 PAGES R2010-039730 (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 COVENArtT g- jat31a6- w,rA t.AAj:o foR EN7'Cte &ATE Ar3y Sttb,a rAe.a~E r w itr1..! to FEAT of A WfIrglot t"Amj VCt0-CA-v\.-E- D(\ -t)CFr dl4, ( aV\,E Property Address/es AbvWg X0110 OV7 -or' FS Pery-MYN wloov$ S0jQ,ots slops (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) Pin/s Number 06 -35- 405-010 Name & Address of Applicant JIM VJIS.%.err , E "r1A[sR D -� C- 62 Jo OR 2 Name & Address of Responsible J JrA WIL.6Est _ MAwiAerga Party to Receive Recorded D66tFjg7,j44 929cd . t-tx- Document and Billing: 146 2.9 . 00FA 40mPH EY PILWE. oiG.aao P ic_ s� bo+p G/L Account # to be Charged 10-1365 Prepared By: Village of Oak Brook Return To/ 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): G/L Account # to be Charged � 5 COVENANT RUNNING WITH LAND The undersigned, for and on behalf of all owners(hereinafter"OWNERS")of the property kno•vn as (address) PRIVATE ROAD OUTLOT FOR DEERPATH WOODS SUBDIVISION and legally described as: Permanent Parcel No. 06-35-405-010 , Lot 6 , in DEERPATH WOODS SUBDIVISION , being a subdivision of part of Section 35 , Township 39 North, Range 11 East of the Third Principal Meridian, in DuPage County, Illinois as recorded as Document No. R2008-007905 agree as follows: FX AND g g In exchange for the Village of Oak Brook's permission for the installation of an ENTRY GATE T� SIG MONUMENT WITHIN 10 FEET OF A WATER MAIN PER THE ATTACHED EXHIBIT A erema er "STRUCTURE") near the entrance to the foregoing property and within a public utility easement and outside the existing public right-of-way of ADAMS ROAD , OWNERS agree to assume all risks associated with said STRUCTURE, to maintain said STRUCTURE and to repair or replace said STRUCTURE in the event it is damaged, destroyed, or removed by any party including the Village of Oak Brook. In the event that the STRUCTURE or a portion of it is removed during the installation, maintenance or repair of Village of Oak Brook facilities or other utility company facilities, OWNERS waive any claim for restoration and agree to restore the STRUCTURE at OWNERS' sole expense and reimburse the Village for any additional costs caused by the removal of the STRUCTURE. To the fullest extent permitted under the law, OWNERS shall protect, defend, indemnify and hold harmless the Village of Oak and all utility companies from any claim, liability, cost, damage or expense (including, without limitation, reasonable attorney's fees and court costs) of any type, nature or description arising in connection with the permission herein granted regardless of whether the claim is due to the negligence of OWNERS or the negligence of the Village, its officers, agents, employees, contractors or invitees, all without limitation. OWNERS shall also protect, defend, indemnify and hold harmless the Village of Oak Brook and all utility companies from any claim, liability, cost, damage or expense (including, without limitation, reasonable attorney's fees and court costs) of any type, nature or description arising from any condition created, alleged to have been created, or any condition which could reasonably have been created, as a result of the existence, installation, maintenance (or lack thereof)of the STRUCTURE. This covenant shall run with the land. This covenant shall be binding and inure to the benefit of the successors, assigns,heirs, devises,transferees, grantees,or lessees of the respective parties hereto. UADIkut4tA i✓� C�--L 03VWR lim Willett,Ma ger Deerpath Woods,LLC OFFICIAL SEAL Deerpath Woods Homeowners Association THERESE F. GALLIVAN NOTARY PUBLIC,STATE OF LUNOIS MY COMMISSION EXPIRES 4-22,2012 STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE) I, \ E -c. F' �a\\� P�J , a Notary Public in and for the said County, in the State of Illinois aforesaid, do hereby certify that �c�,-c•� u%:�\�->-�- _personally known to me to be the same person whose name subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that �E. signed, sealed, and delivered said instrument as P. free and voluntary act for the uses and purposes therein setforth. Given under my hand and seal this day of 20 \p . c �`��• 7-' Q--Notary Publl -� 1/16/09 Deerpath Woods Covenant 1-16-09.doc '.0MMUNITY LOGO _.. e ering ._ 11 Mop. Ht. f r. ^:FOOD SIGN MONUVEN I N.,E r Y (-rN .iJl EN TR t1A .11 P, -LL 7�i Ip ( til END SUPPORT POST _ l TREENCH FO ING _ 1 �MODI SUPPORT POST t \ A�.�L-- Fpv-T6 {ZJc- s, ��� TRt"tdClI FOOTING t�(t OVA SQL(..- GNU `:! t NIACIN - i f r y " PA my "G rl off ttt ti \/ M � ' Hams - r x n � E 2 � ��}�• �`5 Y ''` � ate.vSP< �,y� � n as � d� Y� ff , 1 9 a r_ =�4, SON M w Deerpath Woods Subdivision on 3/17/10(JAB) 044, o J � PK G e OUNT Village of (balk rook 1200 i0ak Brook Road )ak Brook, IL 60523 -2255 Website ww oak- brook.org i Administration 630 368 5000 FAX 630 368 5045 Community Development 630 368 5101 FAX 630 368 5128 Engineering Department 630 368 5130 FAX 630 368 5128 Fire Department 630 368 5200 FAX 630 368 5250 I Police Department 630 368 8700 FAX 630 368 8739 i Public Works Department 630 368 5270 FAX 630 368 5295 i Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 368 7700 FAX 630 368 7704 Oak Brook Sports Fore i Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 368 6420 FAX 630 368 6439 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 368 6400 FAX 630 368 6419 March 3112008 DEERPATH WOODS, LLC Attention Mr. James Willett 14628 John Humphrey Drive Orland Park, U. 60462 Re. Recorded Documents- DEERPATH WOODS SUBDIVISION on January 15, 2008 V�ESOLUTION 2007- SD -FP -R -981 R2008- 007904 DEERPATH WOODS FINAL PLAT OF SUBDIVISION R2008- 007905 SUBDIVISION IMPROVEMENT AGREEMENT R2008- 007906 DECLARATION OF STORMWATER FACILITIES R2008- 007907 DECLARATION OF COVENANTS R2008- 007909 TREE PRESERVATION COVENANTS R2008- 007910 Vacant Land -W. Side of Adams Rd., S. & E. of Breakenridge Farm & N of Ogden Oak Brook, Illinois 60523 PIN #06-35-405-003 EASEMENT AGREEMENT (Drainage & Utility) R2008- 007908 (Part of ) 94 Breakenridge Farm, Oak Brook, IL 60523/PIN #06 -35- 400 -031 Dear Mr. Willett- Copies of the above noted recorded documents are enclosed for your information. These are important records and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630 - 368 -5056 on Monday through Friday from 9am to 5pm Sincerely, ��" - I-L, - 0�-'47a' Linda M Andrys Records Management Clerk /lma Enclosures cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr , Director of Community Development Official Files /RECDOC /2008- RECLTR- SD- FP- DEERPATH WOODS- VACANT LAND -W SIDE OF ADAMS, S &E BREAKS -nUDGE FARM & N OGDEN 0 FRED BUCHOLZ DUPFGE COUNTY flECOPOFp JAN.152008 331 PM OTHER 06 -35- 405 -003 004 PAGES R2008- 007904 (A ove Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RE --RDED DOCUMENT TITLE PAGE Title of Document RESOLUTION 2007- SD -FP -R -981 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DEERPATH WOODS SUBDIVISION Property Address /es VACANT LAND -WEST SIDE OF ADAMS RD., SOUTH AND EAST OF (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) B�REAKENRIDGE FARM AND NORTH OF OGDEN AVE. OAK BROOK IL 60523 Pain /s Number 06 -35- 405 -003 Name & Address of Applicant: DEERPATH WOODS, LLC- ATTENTION: JAMES WILLETT 14628 JOHN HUMPHREY DR., ORLAND PARK, IL 60462 Name & Address of Responsible DEERPATH WOODS, LLC- ATTENTION: JAMES WILLETT Party to Receive Copy of 14628 JOHN HUMPHREY DRIVE Recorded Document and Billing: ORLAND PARK, IL 60462 G/L Account # to be Charged: 10 -1365 Prepared By: Village of Oak Brook Return To Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 i Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: N/A ` RESOLUTION 2007- SD -FP -R -981 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DEERPATH WOODS SUBDIVISION (Vacant Land - West of Adams Road, South and East of Breakenridge Farm and North of Ogden Avenue) (P I N 06 -35- 405 -003) WHEREAS, the Plan Commission of the Village of Oak Brook, on May 14, 2007, recommended the approval of the - proposed Deerpath Woods Subdivision, and WHEREAS, the subject property is legally described as follows THAT PART OF LOT 6 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS DOCUMENT NUMBER R84- 95116, LYING NORTH OF A LINE PARALLEL TO AND 390 00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 6, IN DUPAGE COUNTY, ILLINOIS CONTAINING 12.02 ACRES, MORE OR LESS. WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village Code, and WHEREAS, the Village President and Board of Trustees have considered the recommendations and findings of the Plan Commission and concur with same, and NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows Section 1 The foregoing preambles are incorporated herein by reference as though fully set forth herein Section 2 The Final Plat of Subdivision known as Deerpath Woods Subdivision, prepared by Engineering Resource Associates, Inc , and dated April 11, 2007, is hereby approved, subject to the condition that the final plat and final engineering plans be revised and approved by the Village Engineer prior to the Village's execution of such plat and recording thereof Section 3 A waiver to Section 14- 6 -3(E) of the Subdivision Regulations is hereby granted waiving the requirement for a sidewalk on both sides of the street Section 4 A waiver to Section 14- 6 -3(F) of the Subdivision Regulations is hereby granted waiving the requirement of a Village standard street lighting system Section 5 All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable to the subdivision and development of said Deerpath Woods Subdivision, except as waived or varied by this Resolution Section 6 This resolution shall be in full force and effect from and after its passage, approval and publication as required by law Section 7 All resolutions or parts thereof in conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict APPROVED THIS 26th day of June, 2007 � , e ` r' ,� N k' W n Nv. Craig lage President PASSED THIS 26th day of June, 2007. Resolution 2007- SD -FP -R -981 Resolution Approving Final Plat Vacant Land -W of Adams Rd ,S & E of Breakenndge Farm, N of Ogden Ave - 06 -35- 405 -003 Page 2 of 2 Ayes Trustees Carson, Kennedy Manofsky, Saived, Sanford and Wolin Nays None Absent None ATTEST any a .vY C: k ,� Charlotte K Pruss �. Village Clerk B ST'A'TE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I. Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on Tune 26, 2007 , the corporate authorities of the above municipality passed and approved Resolution 2007— SD —FP —R -981 , A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DEERPATH WOODS SUBDIVISION (Vacant Land - West of Adams Road, South and East of Breakenridge Farm and North of Ogden Avenue) (P I N 06 -35- 405 -003) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this Sth day of ,T„ y 2%- OF 041f Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois