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HomeMy WebLinkAboutRESOLUTION - 66-89 - 9/26/1989 - O'HARE INTERN'L CENTER FOR BUSINESS RESOLUTION NO. 66-89 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AMENDMENT AND RESTATEMENT OF DECLARATION FOR O'HARE INTERNATIONAL CENTER FOR BUSINESS' MAINTENANCE OF DETENTION POND AND STORMWATER-PUMPING STATION— NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: "AMENDMENT AND RESTATEMENT OF DECLARATION" a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President, Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 26th day Of ...September 1989. APPROVED this 26th day of September ------ 1989. Charles J. Zettek ATTEST: Patricia S. Smith —v-il m��-rf--- BDS 989150/4317V AMENDMENT AND RESrATEME-NM-Q-F-PEC-L-AR—A-ILQN- THIS AMENDMENT AND RESTATEMENT OF DECLARATION is made this day of �J/a/AJ � - -'.1 1989 by WEBB/SCHMITT VENTURES 101 LTD. , an Illinois limite!d partnership ( "Developer") and WEBB HOTEL CORPORATION, a Delaware corporation ( "Hotel" ) , as Owners of the real property located in Elk Grove Village, Illinois and described in Article One of this Declaration. W I T X E 5 a E T 1i: WHEREAS, Developer is the record owner of that portion of the real property subject to this Declaration described as Parcel 1 on Exhibit "A" attached hereto; and WHEREAS, Hotel is the record owner of that portion of the real property subject to this Declaration described as Parcel 2 on Exhibit "A" attached hereto; and WHEREAS, Developer and Hotel desire to amend and restate in its entirety that certain Declaration dated February 4 , 1987 and recorded March 23 , , 1987 as Document No . 87153628 (the "Declaration" ) and to subject the real property to the covenants, conditions and restrictions hereinafter set forth for the benefit of each portion of such property and each present and future owner thereof during the term of the Declaration; and WHEREAS, the O'HARE INTERNATIONAL CENTER FOR BUSINESS ( "Center") is being developed as a mixed use complex, by the Developer, and this Amendment and Restatement is for the benefit of the property described herein and for certain other property located within the Center and for any and all subsequent owners thereof , and shall inure to the benefit of and pass with said property and shall apply to and bind the successors in interest, and any owner thereof . NOW, THEREFORE, the parties hereto hereby declare that the real property described in and referred to in Article One of this Declaration is and shall be held, transferred, sold and occupied subject to the covenants and restrictions hereinafter set forth and that the Declaration is hereby deemed restated in its entirety as follows . A=ICLE ONE EROPERTY 1 . 01 PROPERTY. The real property (the "Property") affected hereby and subject to this Declaration is commonly known as Lots 3 and 4 in the Center and is more particularly described on Exhibit "A" attached hereto . 1 . 02 ADDITIONAL PROPERTY. To the extent that the Declaration encompassed and beneii7tted Lots 2 and 6 in the Center this Amendment and Restatement of the Declaration will, to the extent applicable, continue to benefit Lots 2 and 6 which shall be referred to herein as the "Additional Property" . BDS 989150/4317V &RUCLE TWQ DEFINITIONS The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings : "Additional Property" - Lots 2 and 6 in the O'Hare International Center for Business . "Easement for Water Detention" - That area within Lots 3 and 4 of the Center more particularly described on Exhibit "B" attached hereto which serves and benefits Lots 2 , 3 , 4 , and 6 in the Center . Also referred to herein as the "Detention Area" . "Imi)rovement" or "Impr vements" - All structures or other improvements to a Parcel of any kind whatsoever, whether above or below grade, including, but not limited to, buildings , utility installations , storage, loading and parking facilities , walkways, driveways , landscaping, signs , site lighting, site grading and earth movement and any exterior additions, changes or alterations thereto . "Occupant" - Any person legally entitled to occupy and use any part or portion of a Parcel . "Parcel" - Each part of the Property, under common fee ownership, the size and dimension of which shall be established by the legal description in the Deed conveying such Parcel and used or intended to be used for construction of Improvements . "Person" - A natural person, firm, corporation partnership, trustee or any legal entity, public or pri�ate. "Property" - The Real Property described in Article One. "Storm Water Facilities" - The storm water system serving the Property, but not necessarily exclusively, including conduit , catch basins, inlets, inlet leads , catch basin leads, lift stations , detention basins and retention ponds and the immediate adjacent table land to such basins and ponds . There shall be excluded from Storm Water Facilities the storm water collecting sewers and facilities within a Parcel , the principal purpose of which is to serve such Parcel , but there shall be included all Easements for Water Detention. "Village" - The Village of Elk Grove village, Illinois, a Municipal Corporation. ARTICLE THREE PURPOSE The purpose of this Amendment and Restatement is to insure that the owners of Lots 3 and 4 in the Center operate and maintain the Detention Area and the Storm Water Facilities located on the Property in accordance with the standards, guidelines, requirements , obligations and duties for the owners of each parcel as set forth by the Village and for the benefit of Lots 2 and 6 in the Center . This Amendment and Restatement is further designed to complement local government and municipal regulations with respect to the Detention Area and Storm Water Facilities, and where conflicts occur, the most rigid requirements shall prevail . _2- BDS 989150/4317V 6RZICLE FOUR COMMON AREA MAINTENANCE 4 . 01 14AINTENANCE QBLI :ATIONS . The owners of Lots 3 and 4 in the Center ( "Owners" ) shall maintain, repair, operate, replace or renew or cause to be maintained, repaired, operated, replaced or renewed the Detention Area and Storm Water Facilities in a clean, sightly, safe and first-class condition and in accordance with all applicable governmental codes, ordinances and regulations (hereinafter called "Maintenance," ) . Such Maintenance shall include: (a) The operation , maintenance, repair, replacement and renewal of all Storm Water Facilities , maintenance of aeration of water and water purifying equipment ; and all other maintenance necessary to keep the Storm Water Facilities and the Detention Area in proper operation and condition; (b) Keeping all grass and any landscaping permitted by the Village in the Detention Area trimmed; (c) maintenance of liability insurance against death, bodily injury and property damage in such amounts and with such coverage as the Owners may determine to be necessary to protect the Owners from claims arising out of the use, maintenance and ownership of the Detention Area . (d) The design, construction, installation, maintenance and repair of a storm water lift station ( "Lift Station" ) facility for the purpose of providing adequate storm water detention volumes for the Property and the Additional Property. Owners shall cause the lift station to be inspected not less often than annually by an Illinois licensed plumber to determine whether any maintenance or repair is required. Inspection reports shall be submitted to the Village. The cost and expense of performing the aforesaid Maintenance shall include, but not be limited to, all costs of material , labor, supplies , insurance, taxes and special assessments levied against the Detention Area (hereinafter collectively called "Cost of Maintenance" ) . If the village, in its sole discretion, determines that maintenance or repair is required of the Lift Station to permit it to perform in accordance with design criteria, such maintenance or repair shall be a Cost of Maintenance and shall be performed by Owners in accordance with the following schedule : (i) If mere normal maintenance or repair is required, owners shall perform such maintenance or repair within ninety (90) days after notice from the Village. (ii) If major maintenance or repair is required, including but not limited to replacement or repair of a pump installed in the Lift Station, Owners shall undertake such maintenance or repair within thirty (30) days after notice from the village. ( iii) If emergency maintenance or repair is required, including but not limited to the failure of two pumps in the Lift Station or any other problem which may render the Lift Station inoperative, Owners -3- BDS 988180/4317V shall perform such emergency maintenance or repair within ten ( 10) days after notice from the Village. 4 . 02 EASEMENTS FOR CO MON AREA MAINTENANCE. Perpetual non-exclusive easements for ingress and egress over, under, across, in and upon all unimproved portions of the Property are hereby declared, created and reserved by the Owners for the benefit and use of themselves or the Village as the case may be, their respective successors and assigns , agents and employees , to provide reasonable access to the Detention Area and to enter upon the Property for the sole purpose of performing the Maintenance (including independent inspections by the Village of the Lift Station) required under Section 4 . 01 hereof . 4 . 03 PAFZTICIPATIQN IN COST OF MAINTENAN-CE. The Cost of Maintenance shall be borne solely by the owners of Lots 3 and 4 and shall be allocated among them in accordance with the following formula : Square Footage Owned Net of the Detention Area X 100 Property Owner's Total Square Footage of All Percentage Owners Net of the Detention Area The share of the Cost of Maintenance to be paid by the Owners of Lots 3 and 4 shall be assessed to them by the owner of the portion of the Property containing the Detention Area from time to time but no more frequently than quarterly and shall be accompanied by an itemized statement of such costs and the manner in which each such owner ' s share was determined. Each owner shall pay the amount shown on the statement within thirty (30) days after receipt . 4 . 04 DETENTION AREA REAL ESTATE TAXES. All general real estate taxes and special assessments assessed against, or apportioned to the Detention Area shall be a Cost of Maintenance assessed against the Owners of Lots 3 and 4 in accordance with Section 4 . 03 above. . 4 . 05 CHANGES IN ETENTION AREA, After construction of the Detention Area and the Storm Water Facilities and after the same have been approved by the Village as complying with all Village requirements no change may be made in the finished grade of the land within the Detention Area nor may any Improvement or obstruction of any kind be installed within the Detention Area which could materially impede storm water drainage therein or materially reduce the storm water detention capacity thereof . It is specifically acknowledged that trees , shrubs , fences and normal landscaping plantings shall be permitted within the Detention Area only upon the formal approval of the village. ART CLE FIVE MISCELLAN :OUS PROVISIONS 5 . 01 RIGHT OF VILLAGE rO MAINTAIN COMMON AREAS. If the Owners shall not have exercised diligence in the care, maintenance, operation, repair or replacement of any portion of the Detention Area or the Storm Water Facilities, the Village may, but shall not be obligated to, enter upon such areas and provide such care and maintenance as may be required to maintain said facilities . In the event the Village shall provide care and maintenance as provided herein, it shall have the option and discretion to assess and collect its costs from the Owners and, in the event the Owners (or any of them) refuse or are unable to pay for any reason, -4- BDS 989150/4317V then, in that event, the Village shall , at its sole option and discretion, have a lien upon the Property in the Center of any Owner who shall have failed to pay its share of the Costs of Maintenance. Such lien shall be subordinate to the lien of any bona fide security device from any lender including a mortgage, trust deed or sale and leaseback obtained by the Owner ; provided, however, that such subordination shall apply only to any charge which may have become due and payable prior to a sale or transfer of an Owner ' s parcel pursuant to or in lieu of foreclosure by the holder of such security interest . Such sale or transfer shall not relieve the parcel from the lien for any charges thereatter becoming due nor from the lien of any subsequent charges . The Village shall certify in writing within ten (10) days after written request to any interested party whether any amounts are due pursuant to this Section. 5 . 02 ENFORCEMENT. The conditions, covenants, restrictions, reservations and standards herein set forth shall operate as covenants running with the land, and shall be enforceable at the suit of any owner, or, to the extent such covenant relates to obligations to maintain and repair the Detention Area and Storm Water Facilities, by the village, by a proper proceeding , either in equity or at law, and the persons entitled thereto shall have the right to sue for and recover damages (including reasonable attorneys ' fees) and to obtain an injunction, prohibitive or mandatory, to prevent the breach or to enforce the observance of the conditions, covenants, restrictions , reservations and standards herein set forth. The failure to enforce any of the restrictions herein set forth at any time shall in no event be deemed to be a waiver of the right of enforceME!nt thereafter at any time . The violation of these conditions, covenants, restrictions, reservations and standards shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. 5 . 03 NOTICES. Any notice required or desired to be given under this Amendment and Restatement shall be in writing and shall be deemed to have been properly served when delivered in person and receipted for or after deposit in the United States Mail, certified, return receipt requested, postagle prepaid, addressed, to an Owner, at its last known address . 5 . 04 MODIFICATION OF L!ECLARATION. To the extent that the owner of the Additional Property is entitled to receive certain benefits pursuant to the Declaration, nothing contained herein shall be deemed to diminish, abrogate or adversely affect such benefits . The provisions of Articles III and IV of the Declaration with respect to the rights of the Village are hereby deleted in their entirety and replaced by the provisions of this Amendment and Restatement . IN WITNES� WHEREOF, t d �e un ersigned have placed their hands and seals this JL4�- day of lr,�/ 1989 . WEBB/SCHMITT VENTURES 101 LTD. , an Illinois limited partnership By: Webb/Schmitt Ventures, Inc. ATTEST: By(!���, Its : Presid—efznq't:—���� -5- BDS 989150/4317V WEBB HO L CORPORATION ATTEST: By: 7.-Jt� 2; Its : APPROVED AND CONSENTED TO: ELK GROVE VILLAGE, a municipal corporation By: Charles J. Zettek Its : President COMMONWEALTH OF KENTUCKY COUNTY OF FAYETTE tit: a Notary Public in and for said County,� in the State aforesaid, DO HEREBY CERTIFY that R. Dudley Webb --, as President of WEBB/SCHMITT VENTURES, INC. and Glenn A. Hoskins as Secretary of said Corporation, the partner of WEBB/SCHMITT VENTURES 101 LTD. , an Illinois limited partnership, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary of said Corporation, respectively, appea,red before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth; and said Secretary did then and there acknowledge that he, as custodian of the corporate seal of said Corporation, did affix the corporate seal of said! Corporation to said instrument as his 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 thisj/'5�-L day Of 1989 . Notary Public -6- BDS 989150/4317V COMMONWEALTH OF KENTUCKY COUNTY OF FAYETTE I , — /-/, ("g "'7 a Notary Public in and for said County, )in the State aforesaid, DO HEREBY CERTIFY that Rnnnld r- T�it.�ohlpr --, as qeUinr j7ic!� — President of WEBB HOTEL CORPORATION and qacrF-.tsrjz as Secretary of said Corporation, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary of said Corporation, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth; and said Secretary did then and there acknowledge that he, as custodian of the corporate seal of said Corporation, did affix the corporate seal of said Corporation to said instrument as his 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 day of 1989 . Notary Public THIS INSTRUMENT PREPARED BY: PERMANENT INDEX NUMBERS : Benjamin D. Steiner 08-26-401-035 Katz Randall & Weinberg 06-26-401-036 200 North LaSalle Street Suite 2300 Chicago, Illinois 60601 KRW FILE NO. 4991 . 2 -7- BDS 989150/4317V EXHIBIT "A" PARCEL 1 : LOT 3 IN O*HARE INTERNATIONAL CENTER FOR BUSINESS, BEING A RESUBDIVISION OF HIGGINS-ELMHURST SUBDIVISION NUMBER 1 AND HIGGINS-ELMHURST SUBDIVISION NUMBER 2 IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PARCEL 2 : LOT 4 IN O'HARE INTERNATIONAL CENTER FOR BUSINESS, BEING A RESUBDIVISION OF HIGGINS-ELMHURST SUBDIVISION NUMBER I AND HIGGINS-ELMHURST SUBDIVISION NUMBER 2 IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.