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04-320
Resolution No. 04 -320 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH THE UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN (The Traditions ofFitehee Creek- 1101 Nolan Road) WHEREAS, the owners of certain property commonly known as The Traditions of Fitchie Creels at 1 101 Nolan Road have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Second Amendment to Amzexation Agreement with the Union National .Bank and Trust Company of Elgin, Trust No. 1395 dated March 10, 1992 is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Second Amendment to Annexation Agreement with Union National Bank and Trust Company of Elgin, Trust No. 1395 dated March 10, 1992, a copy of which is attached hereto. S/ Ed Schock Ed Schock, Mayor Presented: December 1, 2004 Adopted: December 1, 2004 Vote: Yeas: 5 Nays: 1 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SECOND AMENDMENT TO THE ANNEXATION AGREEMENT BETWEEN THE CITY OF ELGIN AND UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN, TRUST NO. 1395 DATED MARCH 10, 1992 THIS "SECOND AMENDMENT TO THE ANNEXATION AGREEMENT BETWEEN THE CITY OF ELGIN AND UNION NATIONAL BANK & TRUST COMPANY OF ELGIN, TRUST NO. 1395 (hereinafter "Second Amendment") is attached to and incorporated within an Annexation Agreement (inclusive of the Rider to Annexation Agreement) dated June 29, 2001, (hereinafter referred to as the "Annexation Agreement ") and First Amendment thereto dated February 11, 2004, by and between the CITY OF ELGIN, an Illinois municipal corporation, of the Counties of Cook and Kane, in the State of Illinois, (hereinafter referred to as the "City "), and THE TRADITIONS AT FITCHIE CREEK, L.L.C., an Illinois Limited Liability Company, (herein variously referred to as the "Developer" or the "Owner "), as successor in interest to UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN AS TRUSTEE u/t /a dated March 10, 1992, alk/a NANCY J. DEIHS, Trustee of the Nancy J. Deihs Trust. TRUST NO. 1395 and To the extent that there exists or may exist any conflict between the terms Second and provisions of the d Amendment and the terms and provisions of the Annexation Agreement or the First Amendment, the terms and provisions of this Second Amendment shall be deemed controlling and supersede any such conflicting terms and provisions of the Annexation Agreement and the First Amendment. 1. Exhibit A of the Agreement is hereby deleted in its entirety and the amended Exhibit A is inserted in lieu thereof. Exhibit A has been amended to add to the Subject Property certain real property formerly owned by the Nancy J. Deihs Trust. II. Paragraph THREE A of the Agreement is hereby deleted in its entirety and the following inserted in lieu thereof "THREE. A. Immediately after the entry into and execution of this Second Amendment Agreement the corporate authorities shall pass or adopt the following ordinance and resolution: i. An ordinance zoning the property in the PMFR Planned Multiple Family Residence District in the form attached hereto as Exhibit C. ii. A resolution approving the Preliminary Plan for the Subject Property prepared by the Lannert Group, dated July 9, 2004, (hereinafter referred to as the "Preliminary Plan ") attached hereto as Exhibit B. B. Except as otherwise provided for in this Agreement, no changes or amendments in the zoning ordinance of the City which shall directly or indirectly adversely affect the use or development of the Subject Property shall be of any effect unless applicable to all comparable areas of the City. C. The Subject Property and the development contemplated herein shall be developed in accordance with the Preliminary Plan. Engineering for the Subject Property and the development contemplated herein shall be in substantial conformance with the Preliminary Engineering Plans prepared by Cowhey Gudmundson Leder, Ltd., dated March 29, 2004, with a last revision date of July 9, 2004, attached hereto as Exhibit E, with such further revisions thereto as are required by the City Engineer (hereinafter referred to as the "Preliminary Engineering Plans "). The City and the Owner also agree to make reasonable modifications to the Preliminary Plan and /or Preliminary Engineering Plans to solve engineering, layout and /or design problems not reasonably foreseeable at the time of the execution of this agreement, provided that such changes are in substantial conformance with the approved Preliminary Plan, and do not increase the total number of dwelling units which may be constructed on the Subject Property as contemplated in the Preliminary Plan. The parties agree that any modifications, which are deemed minor by the City's Development Administrator, may be approved by the City's Development Administrator without public hearings and without formal amendment to this agreement. D. Final Plats will be submitted for the Subject Property and will provide for the development of the Subject Property in Phases. Such Plats will depict alternate building footprints which provide for the substitution in the place of four dwelling unit structures ( "Quads "), either (i) two duplex dwelling units or (ii) four single family dwelling units. Such Final Plats varying from the Preliminary Plan and permitting the substitution of duplex or single family units for Quads shall in no event increase the density of the project. The City will approve by Resolution Final Plats which are consistent with the Preliminary Plan and Preliminary Engineering Plans except for such substitution of units as described herein. E. Owner shall be responsible for the construction and installation of those public improvements and utilities consisting of storm sewers, sanitary sewers, water mains, streets and appurtenant structures as are needed to adequately service the Subject Property in accordance with applicable City ordinances and requirements and as are depicted on the Preliminary Engineering Plans for the Subject Property. Adequate surety as provided by law shall also be furnished by the Owner for any such improvements. Owner shall dedicate to the City, and, the City shall accept, all municipal utility easements, including water, sanitary sewer, and storm sewer easements to detention /retention facilities, if any, included in each phase of the project and shall also grant easements to applicable utility companies for gas, electric, telephone and cable television; all of such easements and facilities shall be consistent with the City ordinances and practices regulating condition, placement, use and size of easements." III. Paragraph FIVE of the Agreement is hereby deleted in its entirety and the following is inserted in lieu thereof "FIVE Owner shall comply with the Elgin Municipal Code Title 17 — Development Impact Fees, as amended, and pay the fees when due as required therein. Notwithstanding the foregoing, in consideration of the agreements of Developer to impose age restrictions upon this development by covenants, the City agrees that the development contemplated in Exhibit "B" shall be exempt from (a) the School District Capital Improvement Development Impact Fee (EMC Sec. 17.04.010) and (b) the School Site Development Impact Fee (EMC Sec. 17.04.020). Owner shall pay to the City a Library District Capital Improvement contribution according to the formula attached hereto as Exhibit "H" in Iieu of the Library District Capital Improvement fee provided for in the Elgin Municipal Code, Section 17.04.040. Such Library District Capital Improvement contribution shall be paid on a per unit basis (per single family residence) prior to or concurrent with the issuance of a building permit. Owner shall also comply with City of Elgin Ordinance No. G2-02 and Ordinance No. G3-02 and shall pay to the City the Park Capital Improvement contribution and the Public Safety Building Capital Improvement contribution as required therein. Owner further agrees that the contemplated fees and cash contributions to the City for the improvements which may ultimately be constructed by the City or the library district with such fees and cash contributions are acknowledged and agreed to be specifically uniquely attributable to the future development of the Subject Property. Owner further hereby acknowledges the propriety, necessity and legality of the fees and contributions provided for in this paragraph and this Agreement, and waives any and all rights to any and all legal challenges thereto." IV. Paragraph FOURTEEN of the Agreement is hereby deleted in its entirety and the following is inserted in lieu thereof "FOUI;N: The parties acknowledge that the City has adopted City of Elgin Ordinance No. G20-03 establishing a policy for the Far West Area for Development Contributions for Roadways. Such ordinance provides for a cash contribution for roadway improvements for a property such as the Subject Property in the amount of $1915.80 per dwelling unit. In recognition of the nature of the active adult use of the Subject Property, the parties have agreed to a reduced roadway contribution fee for the Subject Property. Developer shall pay to the City a cash contribution for roadway improvements in the amount of $957.90 for each dwelling unit to be constructed on the Subject Property. The contribution for roadway improvements shall be payable by the Developer to the City prior to the issuance of a building permit for each dwelling unit on the Subject Property. With the sole exception of the reduced amount of a cash contribution for roadway improvements in the amount of $957.90 for each dwelling unit, the provisions of Ordinance No. G20.03 shall otherwise apply to the Developer and to the development of the Subject Property. Developer further agrees that the contemplated cash contributions to the City for roadways and the road improvements which may ultimately be constructed by the City with such cash contributions are acknowledged and agreed to be specifically and uniquely attributable to the future development of the Subject Property. Developer further acknowledges the propriety, necessity, and legality of the roadway improvement contributions as provided for herein and waives any and all rights to any and all legal challenges thereto. The City acknowledges and agrees that the contribution provided for in the aforementioned Ordinance No. G20-03 shall be the only charge by the City to the development contemplated in the Preliminary Plan and Preliminary Engineering Plans for roadway system impacts. " V. Paragraph FIFTEEN of the Agreement is hereby deleted in its entirety and the following is inserted in lieu thereof: "FIFTEEN: All residential structures to be constructed on the Subject Property shall be designed and constructed in conformance with the requirements of the Planned Development ordinance enumerated in Paragraph 3 hereof, the building elevations attached hereto as Exhibit "I" ('Building Elevations "), and with the private covenants referred to in Paragraph Thirty Four hereof. In the event of any conflict between the provisions of the Planned Development ordinance, the Building Elevations and the private covenants, the provisions of the Planned Development ordinances shall control." VI. Paragraph SEVENTEEN of the Annexation Agreement is hereby amended by amending the 10-year term referenced therein to 20 years from its original effective date. VII. Paragraph TWENTY-TWO of the Agreement is hereby deleted in its entirety and the following is inserted in lieu thereof: "TWENTY-TWO: All notices, elections, and other communications between the parties hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage fully prepaid, or delivered personally to the parties at the following addresses or at such other address(es) as the parties may designate by notice: If the to City: City of El gin 150 Dexter Court Elgin, IL 60120 Attn: C_ _ ity Clerk With a copy to: City of Elgin 150 Dexter Court Elgin, IL 60120 Attn: Corporation Counsel If to Owner: The Traditions at Fitchie Creek, L.L.C. 2400 Wisconsin Avenue Downers Grove, IL 60515 Attn: Jeffrey Hymann And to: Early, Collison, Tousey, Regan, Wlodek & Morrow 2400 Big Timber Road, Suite 201A Elgin, IL 60123 Attn: John E Regan Notices shall be deemed received on the fifth (5th) business day following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt or refusal if personally delivered." VIII. The following are hereby inserted in the Agreement as Paragraphs THIRTY -TWO through FORTY -ONE: "THIRTY-TWO: Special Service Area After the annexation of the Subject Property to the City, it is agreed that the City shall create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS 200/27-5 et. seg., as amended, to provide the City with the resource of revenue for maintaining, repairing, reconstructing, or replacing the storm water drainage system, detention, and retention areas, special management areas, or other improvements located on the common area of the Subject Property should the homeowners' association owning the land on which such facilities or improvements are located reconstruction, or replacement inaaccordance with City ordinances or other Perform maintenance, repair, applicable requirements of law. Owner's or Dev're The Owner, Developer Property per's successors in interest ' and any of the p Y agree to and do hereby, waive any and all with respect to the Subject rights to petition for disconnection re Protests, the to Property. regarding such Special Service objections, and/or p Y• The provisions of this paragraph are intended to create a revenue source to the reconstruction, City for the referenced construed to create anpobh obligati and are not intendemaintenance and s 1, repairs, repairs, reconstruction, or gation to the City to and shall not be placement. Provide for such maintenance, "THIRTY- THREE: The Owner has agreed to Per dwelling unit for a maximum paY the City the sum of $662,940 in total based upon 174 dwelling $3'810 infrastructure mitigation of the impact of this h units of determined b pact Fee-), for use b protect on the City's the "Im „ y the City in its sole discretion and City for public purposes as Forty, B,4 below, payable on a building the extent that the total number ld dwelling rovided in Paragraph g permit by building permit basis. To Paragraph Three, D above, the Im g units is reduced Because of the costs of Pact Fee will likewise be reduced pro arata� sewer lines as set forth pnovidin9 off site and on site oversizing of sanitary and providing Paragraphs THIRTY SEVEN and THIRTY-NINE THIRY SE sanitary sewer and water mains as set forth in Paragraphs VEN and THIRTY-EIGHT permit the Owner to apply this Impactt Fee osu h o ersizin Obligations. The City and not the Owner shall be entitled to any recapture for such Impact Fee. Owner further g and off site necessity and legality n the fees hereby acknowledges the Paragraph and this A and contributions Propriety, legal challenges thereto.,, Bement, and waives an provided for in this Y and all rights to any and all "THIRTY - FOUR: Attached hereto as Exhibit "J" this reference is a document entitled— and incorporated herein by Declaration of Covenants, Conditions and Restrictions, s „ The Traditions Elgin, Fillino Creek "Private Covenants "). Owner agrees to record the simultaneously grn, Illinois (the private y with the recording of the first final plat of subdivision of the covenants project to be recorded. limitation, All residential structures garages) on the (including, without constructed in compliance with the JP Private Covenants. No residence to be constructed on the Subject Property Property shall o designed and to the age restrictions f y shall be occupied by an Covenants as set forth in the Private y person contrary may be modified or amended b Covenants. The Private amendments or revisions affecting y the p limited to, lot size, s g house desi n caner, but, as to square footage of buildings, g issues (including, but not g building materials or garage design) and age restrictions, Prior approval of the such amendments or revisions shall require the City Council of the Cit Y but shall not require an amendment of this Agreement." "THIRTY-FIVE: The Owner and /or the Developer and /or the Owner and /or the DeveIoper's successors in interest shall not file, cause to be filed or take any action that would resulting the disconnection or de-annexation of the Subject Property from the City of Elgin during the term of this Agreement." 'THIRTY-SIX: It is agreed that in the event the Owner or any of Owner's successors in interests, referred to in Propose to amend the PMFR zoning paragraph 3 of this agreement, above, then an ordinance rezoning or amendment to such zoning' amendment of this a Y such proposed agreement u g ordinance shall require the acceptable to the City, upon the terms and conditions which are the requirement Y m the City s sole discretion. However, of the Owner's signature only, With respect legal titleholder of the interest in the y the written Pect to amendment property approval of the shall be required to Y affected by the proposed amendment to this a effect the initiation greement. of a proposed THIRTY - SEVEN: Off -Site Sanitar Sewer Service. A. The City shall permit the Owner, at its expense, to connect the development to be constructed on the Subject Property to the Otter Creek Lift Station through the construction of a sanitary sewer line iOff Site Sanitary Linea substantially in accordance with the off. Site Plans as are hereinafter approved by the City Engineer. It is acknowledged that the size of the Off-Site Sanitary Line has, at the direction of the City, been established so accommodate the 'Sanitar as to provide capacity to development on land which lies w st,rnorth and south of the Subject Property (the "Future Development °f possible future Owner in building the Off-Site Sani ar as ). The costs incurred by called the "Off-Site Sanitary Costs." Up ni the complet onaofesa said be Off-Site Sanitary Line by the Owner, and satisfactory inspection by the City the Owner shall dedicate same to the City, and the City shall thereafter accept said dedication. B• The City hereby agrees to enact a recapture ordinance Title 22 of the Elgin Municipal Code which will entitle the Owner to recover from pursuant to other properties benefited by the Off-Site Sanitar Line their proportionate share of the O y ff Site incurred by the Owner, as more partic Sanitary Costs Particularly set forth in paragraph FORTY below. Such recapture ordinance shall be in the form as approved by the City's Corporation Counsel. THIRTY - EIGHT: A. Off-Site Water Su I Service. The City represents that an existing municipal water ( "Existing Water Main Randall Road and Bowesis located near the intersection of extended by others (a) along Road. That water main "Bowes Road Off-Site Water Main-) Bowes Road to W may be Main ") and (b) from Randall Road_ to a point on the south line of Section 29 to the east of the Subject Property (the "South Off-Sit, Water Main" collectively the "Off-Site Water Mains"). and B- The City shall permit the Owner to extend such two Existing Water Mains, at Owner's expense in accordance with t , to serve the Subject Property he Off-site plans as hereinafter approved by the City Engineer. The South Off-Site Water Main shall be extended to the southeast corner of the Subjec t Property to Provide initial water service. In the event the Owner and/or Developer has not obtained utility easements over, under, across or through property which is necessary to permit the extension of the Bowes Road -Site Water Main along Bowes Road from approximately Water Road to Nolan Road and south along Nolan Road to the northwest corner of the Subject Property, City shall, to the full extent permitted by law, p Y; the domain power to secure such ease use its e acquirin easements. eminent g any such easements or commencin Prior to the City action(s), Owner and/or Developer y condemnation the amount of funds per shall deposit with the necessary to acquire such ease City Pursue any eminent domain easements and to acquisitions and/or eminent domain a(s), sAlb such easement be at no cost to the City, which costs shall be born the solely b shall Owner and/or Developer. It is agreed and understood that locating the Bowes Road Off-Site Water Main along Bowes Road as described in this paragraph is the preferred and designed route for such water main. However, if the City determines in its sole discretion that the off -site easements for the Bowes Road water main can not be acquired within a reasonable time and upon reasonable terms, the parties agree that the Bowes Road water main will be rerouted from Bowes Road onto the Subject Property extending southerly along the west boundary of the Subject Property and then westerly along the north boundary of the Subject Property to Nolan Road. The precise design and location of such alternate routing of the Bowes Road Off-Site Water Main shall be subject to the review and approval of the City. Owner and /or Developer shall provide at no cost to the City all easements on the Subject Property necessary for such rerouted Bowes Road Off-Site Water Main. C. The City shall adopt a recapture ordinance allowing the Owner to recapture from other properties benefited by the Off-Site Water Main for their proportionate share of the costs incurred by the Owner in constructing same including, but not limited to the costs incurred by the Owner for the acquisition of any off - site easements and to pursue any eminent domain action(s) referred to in the preceding Paragraph 38B hereof (the "Off-Site Water Main Costs ") all as more particularly set forth in Paragraph 40 below. Such recapture ordinance shall be in the form as approved by the City's Corporation Counsel. THIRTY-NINE: On-Site Plans: Utilities and Storm Water Management Roads. The City agrees to allow the Owner to construct and extend within the boundaries of the Subject Property, at the Owner's expense, the public streets, the utilities of sanitary sewer (the "On-Site Sanitary Lines "), storm sewer and water, and to provide for on-site storm water retention / detention, in accordance with the Preliminary Engineering Plans a copy of which is attached hereto as Exhibit E. By way of further clarification it is agreed that: A. It is acknowledged that the size of the On-Site Sanitary Lines as shown on the On-Site Plans has, at the direction of the City, been established so as to provide capacity to accommodate the sanitary sewer needs of possible future development on land other than the Subject Property (the "Future Development Areas "). The City hereby agrees to enact a recapture ordinance pursuant to Title 22 of the Elgin Municipal Code which will entitle the Owner to recover from other properties benefited by the On-Site Sanitary Line their proportionate share of the On- Site Sanitary Costs incurred by the Owner, as more particularly set forth in paragraph FORTY below. Such recapture ordinance shall be in the form as approved by the City's Corporation Counsel. B. The City shall permit the Owner to construct within the Subject Property those streets as shown on the Preliminary Engineering Plans; provided, however, that to the extent that access permits may be required from the County of Kane with respect to the connection to any County road, the Owner shall be required to obtain such access permits from the County. The City shall cooperate with the Owner in procuring such access permits. FORTY: Initial Payment and Reimbursement for Oversiz Ag A. The Owner shall initially be required to pay for the cost of the Off-Site Sanitary Costs and the On-Site Sanitary Costs and the Off-Site Watermain Costs, except as otherwise provided herein, and the City shall enact those recapture ordinances referred to in this _Agreement and shall not amend same without Owner's consent. B. As to the Off-Site Oversizing Sanitary Costs and the On-Site Oversizing Sanitary Costs incurred by the Owner: 1. The City is requiring the Owner to oversize the entire On- Site Sanitary Line and Off-Site Sanitary Line in order to serve land other than the Subject Property. The total cost of constructing (A) the oversized portions of the On-Site Sanitary Line and (B) the oversized portions of the Off - Site Sanitary Line shall hereinafter be called the "Oversized System Costs." 2. The City has previously entered into an Annexation Agreement with Bowes Creek, L.L.C., ( "Bowes Creek ") to pay the sum of $1 million (the "Bowes Creek Payment) to defray certain on-site and off-site sanitary sewer costs required under such agreement. A portion of such costs will now be incurred by Owner, relieving Bowes Creek of that part of their obligation. The City hereby agrees to allocate $500,000 of such Bowes Creek Payment to Owner reflecting a fair allocation of costs for design and construction of all sanitary sewer oversizing between the Owner and Bowes Creek in accordance with usual and customary engineering design practice. The Owner's portion of such allocation shall be referred to herein as the "Owner's Allocable Share." Notwithstanding anything to the contrary herein, the City's obligation to allocate $500,000 of such Bowes Creek Payment to the Owner is Fee Amount of $662,940 as adjusted pursuant to paragraph Thirty-Three. The Denominator: The total of the actual Oversized System Costs paid by the Owner For example, if the total of the actual Oversized System Costs is $1,500,000; then once the Owner has paid the initial $1,500,000 construction costs and if the Owner has been reimbursed by the City for Owners Allocable Share of $500,000 and Impact fees in a total amount of $662,940 for a total of $1,162,940, the Owner would be entitled to 22.5% percent of all recapture (337,060/1,500,000) and the City would be entitled to 77.5% percent (1,162,940/1,500,000). FORTY-ONE: INTENTIONALLY OMITTED. IX. The closing paragraph and signature blocks set forth in the Agreement are hereby deleted in their entirety and the following are inserted in lieu thereof: IN WITNESS WHEREOF, the parties hereto place their hands and seals this ST- day of 200y. CITY: CITY OF ELGIN, an Illinois municipal corporation RV Mayor ATTEST: By:-^sew_ City Clerk OWNER: THE TRADITIONS AT FITCHIE CREEK, L.LC., an Illinois Limited Liability Company By:i - Title: ��ez A: WORDPERFECT \BURNSIDE\ AGREEMENTS \Annexation -2nd Amend-Burnside 12- 25-2004-Clean.rtf AMENDED LIST OF EXHIBITS UNION TRUST PARCEL ANNEXATION AGREEMENT Exhibit A: Legal Description of the Subject Property Exhibit B: Preliminary Plan Exhibit C: PMFR Planned Multiple Family Residence District zoning ordinance and Resolution Approving Preliminary Plan. Exhibit D: Offsite Easements or statement there are none Exhibit E: Preliminary Engineering Plans Exhibit F: Far West Area Plan Exhibit G: Easement Agreement Exhibit H: Library District Capital Improvement Fee Formula Exhibit I: Building Elevations Exhibit J: The Traditions at Fitchie Creek Declaration of Covenants, Conditions and Restrictions, Elgin, Illinois EXHIBIT A Legal Description of the Subject Property Residential Subdivision to be known as "Traditions at Fitchie Creek" is composed of certain real property legally described as follows: Parcel 1: That part of the southeast quarter of section 30, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the point of intersection of the south line of Bowes Road as established by Document Number 563250 with the west line of said quarter, 832.22 feet; thence easterly along a line forming an angle of 105 degrees, 09 minutes, 59 seconds with the last described course (measured clockwise therefrom), 50.82 feet to the east line of Nolan Road as established by Document Number 1232476 from the point of beginning: thence continuing easterly along the extension of the last described course, 1738.30 feet: thence easterly along a line forming an angle of 165 degrees, 22 minutes, 54 seconds with the last described course (measured clockwise therefrom) 687.73 feet to the west line extended of a tract conveyed to Franz and Helga Stockman by Document Number 1574591: thence northerly along a line forming an angle 90 degrees, 00 minutes, 37 seconds with the last described course (measured clockwise therefrom) being said west line extended and parallel with the east line of said quarter. 34 feet to the north bank of Fitchie Creek= thence easterly northerly and southeasterly along the north bank of Fitchie Creek. 183 feet, more or less, to the west line of the easterly 127.28 feet of said quarter (measured along the north line of said quarter): thence southerly parallel with the east line of said quarter, 53 feet to a point that is 1369.00 feet southerly of the north line of said quarter: thence easterly parallel with the north line forming an angle of 89 degrees, 48 minutes, 21 seconds with the last described course (measured clockwise therefrom) 127.28 feet to the said east line; thence southerly along said east line, 1243.70 feet to the northerly line of a tract of land conveyed to the Commonwealth Edison Company by Document Number 1320007: thence northwesterly along said northerly line forming an angle of 63 degrees, 47 minutes,19 seconds with the last described course (measured conterclockwise therefrom). 2902.55 to the east line of Nolan Road; thence northerly along said east line Nolan Road forming an angle of 116 degrees, 37 minutes, 37 seconds with the last described course (measured counterclockwise therefrom), 399.44 feet to the point of beginning in Kane County, Illinois; also the entire right-of-way of Nolan Road which lies between the extensions of the northerly and southerly boundaries of the above described parcel. In Kane County, Illinois; Parcel 2: That part of the Southwest Quarter of Section 29, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at Exhibit B MPANY & ing 'COMM" nfi � ,suiting AOO 1N3NNVIOeI1 '''VN3 0909-SOZ O£9 xVd 8809 -8oZ On 4£t09 11 'V63N3C) 133e1g NOilnj 9 L ONIIVISNOO A11Nni AOO a DWNNVId a 3un-1 O311H08V 3d VOSONVI •9104M a se u1613 to AID eql of Al!unlioddo leaj6 e s-lallo osle lnq Allunwwoo aql sigaueq Aluo lou uor}nios slgl 1991 aM •paM se lyauaq @6n4 a 196 p1M Allunwwoo a4l pue aoeds uado to uolsualxe ue to lgauaq ay; aney 01M anuasaid isajol aU I -d6olapAq leOOl 941 anoidwl pue eaae 6ulpunaans agl uo loedwl leluaiuualnua 1eW6 a aney 01M s141 •spuepaM augsud to sajoe OL Alalewlxoidde aq 1pM llnsai pue 941 •811s 9141 l0 }say agl g11M 6uole eaae ajoe <1"L legl dolanap pue ul awoO ua41 ilp luawdolgnap aomosa�l jaleM •luawdolanap pue119M aol suoglpuoo 1oepad aleaao p1M Apadoid syl94 aql of pos Olue6lo to slunowe 96ael 6ulliodwl pue C4dei6odol 941 6uliaMoq •alis loafgns ay; woal panowaJ ilos olue6ao R1g614 a4l gllM peoeldai aq 1pM pos panowaJ aq I •puei aigepllnq olul uleldpoog 6upslxe a41 4!pow of pesn aq Ipm pas algeloedwoo sll pue uMop ino aq piM pour{ aaOe 9'L e 'uollonalsuoo 6uunp •luawdolanap aoinos@H jaleM (q pedolanap eq jpm go14M 'Nueq puellaM a se puei slgl 6ulsn aq 1pM s41aQ • (liedoid 941 uo spuellaM ougsud to sajoe OL llalewlxoidde to uolleaaO 941 ul 6ullslsse aq lllM 'sglao Lipm uollejad000 aql q;lm 'aplswn9 •palpueg 6ulaq sl lsea eql of Alladoid sglap 6ululew9i 9141 Moq Apielo of ado4 1 'loafgns luajallip e uO 'suogelnoleo anoA 4llM dlaq p1M s141 AlInjadOH -panowaa osle 9J9M seaJe anup alenud to oe 9b- 'panowaJ aJaM s6ulplrnq asa41 uayM 1e41 alou pinogs eM • )!unwwoo a4l of splauaq agl azlwlxew suolleollipow asagl •amleal puod papuedxa ue 411M Jaluao aql ul aoeds uado aa6lel e saleajO slgl -hails dool apls lsea 941 JO jaluao 941 ul 9 to dnoa6 aql woal panowal seM awoH gn10 quo -dna6 lsea eql wojl panowaa seM 6ulppnq away 96elaaeC) quo 'slgl anglgOe of shun qL L o1 pGddojp uaaq se4 lunoo pun agl 'p99J6e sy • (llsuap 1aMOl e 409119/01 palllpow uaaq se4 ueld alls a4l 'u161310 APO aql pue sewo4 aplsuine uaaM4aq 6ugaaw lueoai a4l of asuodsai ul :pJeM •slnl aeap (44ZO) M33MO 3HO11=1 1`d SNOI110"I :321 M09 slOUlpi 'u1613 linoo Jalxad 096 u1613 10 411 pJeM uer 17OOZ 'Z Ainf ;oa;iyojy edeospue-1 a;eioossy uos19N ;;ew --)�Y 4� 'spiebei ;sae jegljnj jo s;uaulwoo Aue aje ala •pannbao uoi;ewaonb. y; {! sn ;oe ;uoo asea�d •aney �(ew nog( suoi ;sanb (ue CAMIO ll!m uoi;ewjo }ui siy; adoy sM •Buiwow AepuoW Buinu.ie aq Illm buuaauibua pesinaj 'auoyd ay; uo pessnosip sy •am;oe ;iyoie spelo.�d ay; uo uoi;ewjo;ui pope;ap 6uiuie;uoo;a�oed a pue ueld tieuptlaid pasinaJ ay; ;o (doo a si;aj�ooq siy; ui pasopue RpnjS;oedw{ leosld g suol;enalE] lean;oajlyojy .17 uewwnS aziS jonpoad 6ulppn8 '£ ueld Jeuiwllaad -Z ueld juawdolanaa le-IauaE) '4 AT FITCHIE CREEK A BURNSIDE CO\ UfUNITY 46 WAS F wm EASEtiaerrr LANDSCAPE HiFFER U 1 It S I _ e LRnT .I fe.4V �TT ip— -T- y ! i LOCATION MAP m xAle TYPICAL TRADITIONS LOTTING CONFIGURATIONS acA T.EO -0' wa�xua 'PATH 1NPIGAL mmes; STAEION ® ar nq p',•g %fr,\ "" �eoaaar,�auc -� *r[P(eAe d O s SITE DATASANGESX LOTAFPA 16094C 38I 9k \ P IIBLIC ROW. R. 4B6 AC 1119k PRIVATE PLO APEA, OPEN SPACE AEA: 1.1. 444% TOM AREA', SITE DATA-DEIXS AC A .�. ?. i LOTAPEA: 1341 M^ "1 16 :� o P1:BLIC ROW ARFA: 629K to PNVAR RO.W,AFE9: TOTAL AACEARFA: RE4 IINB<AC TOTAL 04) AC 1W. , % i Sir SUGGESTED PLANT MATERIAL ( 0VERSTORY TREES I (�, I Z ' k ,..9 M49ek .z¢lAOKFFlFl1 Ji1 x q " TIMCAN o..Ax FRy ,:`s�E:.,uo.x I } CONIFER TREES S I _ e LRnT .I fe.4V �TT ip— -T- y ! i LOCATION MAP m xAle TYPICAL TRADITIONS LOTTING CONFIGURATIONS acA T.EO -0' wa�xua 'PATH 1NPIGAL mmes; STAEION ® ar nq p',•g %fr,\ "" �eoaaar,�auc -� *r[P(eAe d O s SITE DATASANGESX LOTAFPA 16094C 38I 9k \ P IIBLIC ROW. R. 4B6 AC 1119k PRIVATE PLO APEA, OPEN SPACE AEA: 1.1. 444% TOM AREA', SITE DATA-DEIXS AC A .�. ?. i LOTAPEA: 1341 M^ "1 16 :� o P1:BLIC ROW ARFA: 629K to PNVAR RO.W,AFE9: TOTAL AACEARFA: RE4 IINB<AC TOTAL 04) AC 1W. , % i Sir SUGGESTED PLANT MATERIAL ( 0VERSTORY TREES 4 ,..9 M49ek .z¢lAOKFFlFl1 TIMCAN o..Ax FRy ,:`s�E:.,uo.x °.E.o.,. } CONIFER TREES xa°Exs..r. i &w` PO A v cues" N RA U`s° we °:i a xr Ree O ORNAMENTAL TREES AP=_.. wA,.E ,4a RI.s 1 MluI v IF III (J�s>. } A �'�' - ✓ -�4'Rs � �I �i 4h t �A WE L �A / . _ _ tt I I 1 ykxF , .Ark.; qw G O S z m � g @ LL ml 7 t v e u 5 a ;®-0 0 2 W CL LLI g Q W N W W s 1 r, TRADITIONS AT FITCHIE CREEK A BURNSIDc COhEX=Y t on'NUnENrW. rxvc€ / W W WI N N N EABEIAEM LANDSC METRAA" Bee- A BUFFER � ENIXV AgNOMENT / A a`iJ A \ �� vv< �v vLjvvvv vv vMM�b 9A R NOMEB A{ TYPICAL TRADITIONS LOTTING CONFIGURATIONS SDAIe r . bno — e brrEtiwn mal v � VA � � SS �L / i \ \\\ SITE DATA AB ISITEDATksANGESH LOTANEA 21 AR E, 419% LOTAREA II. AO. ]]G% PLBLO ROW.APEA )Be AC. 11]% PMO ROM.. AREA; 468AC. 111% \ \ RWAIE NOW A.: 2Al AC. B.B% PMVATE ftO W. AREA: R16 AC. B.1% OPENBPAM AREA ]042 AC. 433% OPEN SPAM AREA 185BAC. 444% TOTAL AREA TSM AC too AREA TOTAL AR ttW AC. 10 >% AREA IN FLOODPLAIN 33.38 A0. ALOCATION MAP OtA eCN! AREA OF ORTNT[O Bccq utlDEWIIK.. AREA OFOE7ENTIONB WETLAND MR. 11 BB AC. - 1�'� \ \� SRE DATA 0EIH9 A. TOTPL CAPR I.LEEMC6 OB LLZIIi BLO0E TOTAL CLUBXOMES 6'UNRE13t BL063 LOTAPEA 13 <B AC. IIBk TOTAL UN78 'HOMER 44UNR6E B1AG6) PWLIC ROW AREA ARE ]39 AC. 114 TOTAL UNRB 111WT6 OPENS REAREAA RAC. GET L5WSRV ]4IOU/AC TOTAL AACE AREA: SE 11 NEI DENSRY S.BDU /AC TOTAL ARFAI ]BALI AC. 100% � \ cW LIJ li I G 2 yj &�i \ / B co 4y -------------- II O� Ap$�l pp� t CLI J, y \ \ �►0 g Q t -- - At _ -- -- — - — - ,--. � 1 a TRAIL OONNEONON V - B BURNSIDE'S TRADITIONS PRODUCT SIZE SUMMARY Plan Square Footage CARRIAGE HOMES (QUADS) Building Envelope Size Options affecting size A 1414 88'0"x 124'0" Fireplace adds 2' to depth B 1597 (Building Configuration # 1) C 1704 Average SF D 1836 x 67'5" E 1753 92'6" x 128'0" Fireplace adds 2' to depth F 1913 (Building Configuration # 2) G 2034 x 70' Y H 2047 1787 Average Sf Note: Smaller dimension is width and faces street. Larger dimension is depth. Plan A B C Plan B C D E F G H CLUB HOMES (DUPLEX) Square Footage Unit Size 1615 38' 0" x 58' 5" 1812 38' 0" x 65' 5" 1852 38' 0" x 69' 5" x 63' 0" (Width is per unit) 1760 Average SF size Fireplace adds 2' to depth Fireplace adds 2' to depth None CLASSIC HOMES (SINGLE FAMILY) 1815 45'0" X 61'0" 1829 40'0" x 60' 1" 1824 40' 0" x 63' 0" 1877 42'0" x 65'0" 1958 40'0" x 67'5" 2101 47'8 "x61'5" 2193 47'8" x 62'5" 2313 45' 4" x 70' Y 1989 Average SF 1868 Average SF, All Products Sunroom adds 5' to depth Sunroom adds12' to depth Sunroom adds 10'to depth None Sunroom adds 9'6" to depth Sunroom adds 5' 5" to depth Sunroom adds 5'4" to depth Sunroom adds 2' to depth An additional 12'non- easement area should be maintained beyond rear building areas for patios N Impact of an Age-Restricted Residential Community o t1 1. Unit School District #U -46 Prepared for: Burnside Construction Company July 2004 STRATEGY PLANNING ASSOCIATES 1350 RendnatonRoa(L Suite J. Schaumburg- IL 60173 * (847) 882 -7166 Fax (847) 882 -7586 T R A T E G 1 CI July 9, 2004 Mr. Jeff Hyman Burnside Construction Company 2400 Wisconsin Avenue Downers Grove, IL 60515 Dear Mr. Hyman: Strategy Planning Associates was asked by Burnside Construction Company to evaluate the fiscal impact of a proposed residential community to the City of Elgin and Unit School District #U46. An executive summary follows this transmittal letter, including tables and graphs that show the absorption rate, the projected revenues and expenses of the new project to the City and the projected property tax revenues to other tax- ing districts. Sincerely, STRATEGY PLANNING ASSOCIATES, INC. Steven J. Hovany, AICP President 1350 Remington Road, Suite J, Schaumburg, IL 60173 * (847) 882 -7166 Fax (847) 882 -7586 EXECUTIVE SUMMARY FISCAL STUDY CONCLUSIONS Strategy Planning Associates, Inc. was asked by Burnside Construction Company to eval- uate the fiscal impact to the budgets of the City of Elgin and School District #46 from the development of land into residential use. The community is planned as an age restricted active adult community. The primary purpose of this study is to show the relationship between revenues and expenses that results from the new development. All future dollar figures are in current dollar terms, based on revenue sources and expenditure levels documented in the budget information provided to us by the City. We make no allowance for the effects of inflation on costs, and likewise, we make no allowance for the appreciation of home values and the resulting higher tax dollars resulting from higher assessed values. These adjustments would call for speculation and therefore would be debatable and distorting to the real objective of the study. The primary objective is to show the relationship between expected revenues versus expected expenditures -- the dollar amounts we show in future years merely represent this relationship. The development is expected to consist of the following: •120 Attached units, all with 2- bedrooms. The average base price is projected to be $258,595 ,54 Detached units, all with 2- bedrooms. The average base price is projected to be $309,499 The main findings of this analysis are: -The development will result in new residential properties with a taxable value of $15,304,209. •For the City of Elgin, with recurring revenues estimated at $411,298 per year, and recur- ring expenses estimated at $129,996 per year, we are showing an operational surplus of $281,302 per year. -For School District #46, there are projected revenues of $689,109 per year, and projected operating expenses of $0 (No students generated) per year. -The residents of the development will be paying taxes on existing capital facilities debt service in the amount of $461,572 (net present value, 6 %) over a period extending to the year 2014 to School District #46. -The community creates a total of $1,255,312 in property taxes to be distributed to all tax- ing bodies. Strategy planning Associates, Inc. -Based on the foregoing assumptions (unit counts and bedroom mixes), we are projecting the following in terms of new population: We are projecting an ultimate population of 302 new residents in the project by the end of the third year. Strategy Planning Associates, Inc. 4) T V 'V^ V ^! Y O CL Y L O N Q w E Q O N 0 0 w J Q7 Fa- 0 z w 6 N m � N N w a M w z � 0 0 0 0 D o n N w of N m 0 Ha a p � p O O O O O h N ry V3 EA N3 H V. j O O O O O h N x u m m a Q w�aaca 1 v� V J O O O O O h V V O O l0 G l0 h 5 � Strategy Planning Associates, Inc. iii z w 6 N m � a N w a w z w of P4 o m 0 Ha a p V3 EA N3 H Strategy Planning Associates, Inc. iii z w 6 r m � a C4 w a w z w of P4 o m 0 Ha a p m o o p ax x�o x u m m a Q w�aaca 1 v� o Strategy Planning Associates, Inc. iii W Strategy Planning Associates, Inc, iv 0 o O O o o r o c O o 0 0 N M M N M N N M N M C O N U N m U Q y O � U r O N N N N M O� Ql M M M V1 M h yy LL Z O u u 'Ij wj z Z 0.r fYi w m d� d v z Q z o0 p O' .S 0 0 0 0 O O �y O O O irti � a a Q ate' o� a a Q U a Strategy Planning Associates, Inc, iv ,V CD B to K e m d Y E W w W W N p� O O O O y O O r � m J r O O V K K N pj � K � K � N p o O � O O K � N O O O O V N O O r a v N O N O O y O R ki M W � N N O O O d N O O c9 � N N 00 y O Ol O y K K v v N q _ V ry p O y O O of K dl K � v d^ O P K K � WO r O o [ m O 01 O y� � N j O O O O O W o y w y � o z N o 0 Strategy Planning Associates, Inc. v FISCAL IMPACT TO THE CITY OF ELGIN 1. FISCAL IMPACT TO THE CITY OF ELGIN The primary purpose of this study is to show the relationship between revenues and expenses that result from the new development. All future dollar figures are in current dol- lar terms, based on revenue sources and expenditure levels documented in the budget pro- vided to us by the City of Elgin. We make no allowance for the effects of inflation on costs, and likewise, we make no allowance for the appreciation of home values and the resulting higher tax dollars resulting from higher assessed values. With recurring revenues estimated at $411,298 per year, and recurring expenses esti- mated at $129,926 per year, we are showing a surplus of $281,302 per year. A surplus first occurs in the first year and recurs in successive years. The proposed development will have a positive effect on the long term fiscal posture of the City and should not have any negative impact to the property tax burden of the current residents. Strategy Planning Associates, Inc. vi W r� U d .c s+ V dL CQ C U Vi 'L w J m F Strategy Planning Associates, Inc. vii V3 i9 69 yj 69 64 ({ V N 69 64 69 C7 y; 63 A yj V? fR 69 d' .Ni N fH 69 (f} M r GD N £R 69 b9 M r W N �} 69 Efi M Q N d- � 6N9 Hi � fR 69 � 64 CrN9 6M9 d � N ,� 69 69 69 6�3 64 69 cs9 � Vj fA 69 er N fA FH 69 O d O O O N yj 69 yj F9 69 M N N3 69 fA O p M M N —a 69 ff3 O N3 r 64 EA 69 vi _ Vi O Oi H � F 7 yam' j� W ly F <✓Gy LO R a w w L a H V o P. W (w� ✓Y "LO'r a Strategy Planning Associates, Inc. vii PROPERTY TAX REVENUES TO OTHER DISTRICTS III. PROPERTY TAX REVENUES TO OTHER DISTRICTS The development is expected to have a taxable value (Equalized Assessed Value) of $15.30 million. Applying the 2003 tax rate of 8.2024/ $1.00 to the taxable value results in total annual property tax revenues of $1.26 million attributed to the new development. Strategy Planning Associates, Inc. ix TABLE OF CONTENTS I. INTRODUCTION .............................................. ..............................1 1.1 Occupancy Schedule .................... ................ ........... .. ............_.................1 12 Population Generation ....................................................... ... ... ...............1 1.3 Estimated Total Market Value and Taxable Value ............................. ...... I II. FISCAL EAPACT TO THE CITY OF ELGIN ................ .............. .6 2.1 New Revenue Estimates ............................................ ..............................6 2.2 Expense Calculation - City of Elgin ..._ .................... .............................13 23 Annual New Capital Expenses .................................. ................_.._.........14 2.4 Net Fiscal Impact - City of Elgin .............. ..................................... ........ 17 III. FISCAL IMPACT TO SCHOOL DISTRICT #46 ..........................20 IV. PROPERTY TAX REVENUES TO OTHER DISTRICTS ............21 Strategy Planning Associates, Inc. INTRODUCTION estimated to be $15.30 million (Table 3). The taxable value (Equalized Assessed Value) for the development was calculated by tak- ing the total market value and multiplying by the assessor's rate of 33 %. This figure, less $3,500 for homestead exemption and $2,000 for the senior homestead exemption for each unit equals the total taxable value. Strategy Planning Associates, Inc. T O L V C O w O.. L O N Q c c E CL O d w al m t"- 0 0 0 o c 0 0 0 o c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oo� o io m co CO v ao 0 0 0 0 0 0 0 N N N N m� at N w 1i m1�� o O Q. x x a U U 0 }+ G � N V Hx x v � b0 tl0 ax x x x svv , u ro ro a u w aat:) v i x w Strategy Planning Associates, Inc. 3 a CL C 0 a C4 w J 0] F 0 0 0 0 0 �I� 0 0 0 0 001 o� o 0 0 0 0 III o 0 0 0 0 0 0 o o Nl 0 0 0 0 01011 0 0 0 0 o r o 0 0 0 0 0 0 0 0 �11 o 0 0 0 01011 0 0 0 0 0 III o 0 0 0 Strategy Planning Associates, Inc. 4 N M N N N P. Z d o z z O p r o° nu oe ra ,�j on on z Q c c z w �o � o 0 0° 0 H 0 a W Z p �" 0 0 o W 0 '00 zU) c°N°NpNa�N0 �pNpNr) v Strategy Planning Associates, Inc. 4 d3 lS d x K qz V Y 1� frJ Q9 Y Y W M W J m h l a I o o z W W .a W Q o W m a h � W W h W Strategy Planning Associates, Inc. 5 FISCAL IMPACT TO THE CITY OF ELGIN II. FISCAL IMPACT TO THE CITE' OF ELGIN The primary purpose of this study is to show the relationship between revenues and expenses that result from the new development. All future dollar figures are in current dol- lar terms, based on revenue sources and expenditure levels documented in the budget pro- vided to us by the City of Elgin. We make no allowance for the effects of inflation on costs, and likewise, we make no allowance for the appreciation of home values and the resulting higher tax dollars resulting from higher assessed values. The revenues and expenses estimated in this report reflect recurring annual revenues and recurring expenses related to the presence of the new population in the community. Unless otherwise noted, our estimate of fiscal impact to City of Elgin is based on the bud- geted revenues and expenses as shown in the projected budget for FY 2004. We project the fiscal impact to the City government as a whole, and not to specific departments. We are not including revenues from building permits, inspection/review fees, or other such non - recurring fees in our revenue projections. We assume in this study that building permit fees, as well as any one -time plat review fees, are structured to meet costs of inspection services and planning staff services. Similarly, in this report we exclude reve- nues or expenses related to proprietary operations, such as the Water & Sewer funds. We assume up -front charges such as tap -on fees and user consumption fees are structured to meet costs of these services. 2.1 New Revenue Estimates Tables 4, 5, and 6 show the estimates of new revenue to the City of Elgin from the pro- posed project. 2.1.1 Property Tax Revenue We are projecting the annual property tax revenue to the City at $296,083 per year after the development is completed. This was determined using the 2003 Elgin municipal prop- erty tax rate of 1.9047 per $100 equalized assessed value, and one -half the Elgin Township Road rate of 0.0599. Because the property taxes are collected in an-ears, the first year property tax is not collected until the second year. 2.1.2 Sales Tax Revenue Local Sales Tax Revenue, Residential (Retail Occupancy Tax) We estimate approximately $53,474 in new sales tax revenue will be generated annually to the City from new residential spending. We base this estimate on the following assump- tions: Strategy Planning Associates, Inc. FISCAL IMPACT TO THE CITY OF ELGIN 1. The owners will have household incomes of about $109,757 assuming the rule of thumb that buyers will buy homes valued at 2.5 times annual income.The weighted aver- age home price in the development is $274,393. 2. Approximately 20% of income is spent on convenience goods, and 10% of income is spent on comparison goods. 3. Approximately 70% of convenience goods purchases are spent within Elgin, and 20% of comparison goods purchases are spent within Elgin. -- convenience goods implies groceries, personal care services, etc. -- comparison goods implies cars, appliances, or clothing. 4. 100% of all goods purchased are taxable, from the viewpoint of the municipality. (Municipalities receive a 1% tax on grocery sales, as well as 1% redistributed from the State on other goods. Elgin also levies a 314% home rule sales tax.) We note that the sales tax revenues described here are those resulting from the direct expenditures of new residents in existing businesses. However, there are further economic benefits likely to occur, because the new residents create demand for new businesses or expanded businesses. These new establishments can potentially create sales tax revenues beyond the figures estimated in this report. 2.1.3 State Local Use Tax] The State is expected to redistribute revenue from the Local Use Tax at a rate of $9.25 per capita in 2005 (Illinois Municipal League, 2004), so with 302 new residents, an additional $2,794 per year can be generated. 2.1.4 Income Tax Redistribution In 2005 the State will redistribute the Income Tax to municipalities at a rate of $64.50 per capita. The new subdivision will bring about 302 new residents into the community, so we estimate additional income tax revenues to be $19,482 per year. 2.1.5 Motor Fuel Tax In 2005 the State is projected to redistribute fuels tax revenue to municipalities at an annual rate of $29.15 per capita. With 302 new residents in the subdivision, we estimate approximately $8,804 in new fuels tax revenue would be generated annually to the City 1. 'the State redistributes revenue from the Photopmcessing Sales Tax, the State Local Use Tax, the Income Tax, and the Motor Fuel Tax on a per capita basis using the most recent census data. As the residents from this project will arrive after the 2000 census, the City would have to conduct a special census to receive revenue for those residents. We assume that the City would conduct a special census in 2005 for the purpose of projecting poten- tial revenues from these sources. Strategy Planning Associates, Inc. FISCAL IMPACT TO THE CITY OF ELGIN after the project is built out. 2.1.6 Telecommunications Tax Revenue The City has enacted a telecommunications tax of 5% effective July 1, 2004.. The average utility tax revenue per household, is estimated to be $21 for each 1% of tax. With a 5% tax, the average tax per household is approximately $105 annually. We estimate that the development will produce $18,270 in tax revenue for the City after completion. 2.1.7 Fines and Penalties The City is expecting to receive $1.1 million in fines revenue from court fines and City fines in FY 2004. This equates to $31.96 per household. However, to be more conserva- tive, we assume that at most 20% of the revenue from fines can be directly related to the population of the community, or $6.39 per household. With 302 additional households from the new development, the new revenue from court fines and City fines would be approximately $1,112. 2.1.8 Franchise Fees The City is expecting to receive $465,000 in cable television franchise fees in FY 2004. These franchise fees amount to about $13.54 per household. With 302 new families, an additional $2,356 in franchise fees can be generated. 2.1.9 Infrastructure Maintenance fee The City is expecting to receive $570,000 in revenue from infrastructure maintenance fees in FY 2004. This equates to $16.60 per household (approximately 34,342 households in Elgin). With 302 additional households from the new development, the new revenue from infra- structure maintenance would be approximately $2,888. 2.1.10 Interest Revenue Revenues collected are often not needed for immediate use, and some portion is invested for short-term periods. This is particularly true with property tax revenues, which are col- lected in lump sums. For communities the size of Elgin, we typically use an investment return ratio of 1.5% of other revenues. The revenue projections discussed so far in this report total $405,263 by the year 2008. Using an average investment return of 1.5% on other revenues, we estimate annual inter- est earnings at $6,036 in 2010, and recurring in successive years. Strategy Planning Associates, Inc. 0 d x F- (0 t d 0_ 0 a d v w J 6l F Strategy Planning Associates, Inc. 9 as NN� x F- 6 VI U O J 6 W J m F Strategy Planning Associates, Inc. 10 � sa Fa psi � sz M O p OJ � W b W O VMl Ili 4 M M � n Cn °� °� tv, M M M ti N c0 U V h V h N °� � N N � -�+ G�'� 0�1 U' •/pl y�j N W o M M vt ry h N v1 O Q � T ma U Strategy Planning Associates, Inc. 10 I O Y U d W O w N Q 3 C d uj J 6] F Strategy Planning Associates, Inc. 11 � bq V3 � ff3 y� gq W Ef3 F9 � m � Gl M W O b O V N M W M W N N M M h cs 69 p O lA h tH V3 69 vl fA O Ya w 4 vw. z a z o w ] �G �D w w r o w F y°O w w w p v z�� F Strategy Planning Associates, Inc. 11 k A ƒ § ƒ { \ ) \ 7 + *e Planning Associates, Inc. 12 / \§ j\z \° \0� x w / /\ /G % LL ± R Few : o =<o \ ± J / e= -� x /y f §7 /// // ƒ± / \ A° 0 0 x }. z §§ e� e (m /ea < \\ 6, / 2 u» y{ m / mw / 0 5 + *e Planning Associates, Inc. 12 FISCAL IMPACT TO THE CITY OF ELGIN 2.2 Expense Calculation - City of Elgin Expenses are estimated using the Service- Standard Method of Fiscal Impact Evaluation. The Service - Standard Method is an average costing method which uses averages of staff- ing service. A marginal staffing ratio is used, that estimates the number of new municipal staff necessary for every additional 1,000 residents of population growth. This ratio is multiplied by the estimated number of people in the new subdivision (divided by 1,000) to estimate the number of new employees that may be necessary. The City's operating expenditures, as reported in its budget, are divided by its staff size to derive an estimate of operating expense per employee. This operating expense per employee is adjusted down according to the residential portion of the City's total assessed valuation. This is to fairly distribute the costs of public services between residential prop- erty owners, and non - residential property owners. The adjusted operating expense per employee is multiplied by the estimated number of new employees caused by the develop- ment, arriving at an estimate of new operating expenses due to the subdivision. Capital expenses are estimated on a continuing annual basis, analogous to the payment of principal and interest on bonds issued to pay for public capital improvements caused by the subdivision. Capital expenses are estimated at about 15% of operating expenses in each year. Current Staff Ratio Per 1, 000 Residents The City of Elgin has 804 FTE (full -time equivalent) employees. We did not include 71 full -time equivalent positions which are devoted to Water & Sewer functions. With an estimated 2003 population of 103,332 people, the full time employees equate to a staffing ratio of about 7.78 employees per 1,000 resident population. We recognize that the marginal increase in municipal employees will be less then the ratio of current employees to 1,000 residents. One reason for this is that department heads are not duplicated as the size of the municipal staff grows. To compute the number of new employees needed per additional 1,000 residents, we net out department heads and other supervisionary positions under the assumption that these positions would not be dupli- cated. Subtracting 13 non - duplicated employees results in a marginal staffing ratio of 7.66 employees per 1,000 residents.I Based on a marginal staffing ratio of 7.66 per 1,000 residents, and approximately 302 new residents in this development when completed, we estimate a need for approximately 2.31 new staff by the year 2008. These new staff are brought on incrementally as the project builds out. 1. Non - duplicated employees were determined by the organizational chart of the City. "tp: /1w .cityofelgm.org0 Strategy Planning Associates, Inc. 13 I 0 _A U i� m rT C L Y(. ru w J i0 H w a c A 3 0 0 a 0 c w e c 0 c 6 W S a P 3 t c w C fi o � W c� G � O A Q v y u o v N C w � o c y o „ w* Strategy Planning Associates, Inc. 15 a N O o 0 0 "a O E~ m `n m C A U C 1 G W � y in w w wo m m V � w U N N N %i M vii O 4 �r�i O ry V .�• C Ci V V N �D t+Ni eNi W h a x O � M w V c W w F of U a W U a � q Q � m W 44 m O s H ro a � a c7 w a c A 3 0 0 a 0 c w e c 0 c 6 W S a P 3 t c w C fi o � W c� G � O A Q v y u o v N C w � o c y o „ w* Strategy Planning Associates, Inc. 15 U) d CL c m x x U.1 Z d E W W W J m a U V U U C w b_ N N 3 3 O W y m C v o � R O N N � W 4 7 .d L C c .. o m c 0 a� � s .. c r � b U � C U v C C N N Q* Strategy Planning Associates, Inc. 16 N N Ery U' 4Z fN o � � M � V Cl O MMr N N O � � V yj � Eq 69 U � O\ o 5q � lfl V3 N h ILI � 7 b0 � w z a o o o o U N o � � �p Oh •--� `U U1 z a ro ro �o 0 o' � w2 W.p roo 3eQ O a Ow m` haw U V U U C w b_ N N 3 3 O W y m C v o � R O N N � W 4 7 .d L C c .. o m c 0 a� � s .. c r � b U � C U v C C N N Q* Strategy Planning Associates, Inc. 16 FISCAL IMPACT TO THE CITY OF ELGIN 2.4 Net Fiscal Impact - City of Elgin Table 9 shows the net fiscal impact to the City of Elgin budget through the year 2014. With recurring revenues estimated at $411,298 per year, and recurring expenses esti- mated at $129,926 per year, we are showing a surplus of $281,302 per year. A surplus first occurs in the first year and recurs in successive years. The proposed development will have a positive effect on the long term fiscal posture of the City and should not have any negative impact to the property tax burden of the current residents. Strategy Planning ASSOCIaieS, inc. FISCAL IMPACT TO THE CITY OF ELGIN 2.4 Net Fiscal Impact - City of Elgin Table 9 shows the net fiscal impact to the City of Elgin budget through the year 2014. With recurring revenues estimated at $411,298 per year, and recurring expenses esti- mated at $129,926 per year, we are showing a surplus of $281,302 per year. A surplus first occurs in the first year and recurs in successive years. The proposed development will have a positive effect on the long term fiscal posture of the City and should not have any negative impact to the property tax burden of the current residents. Strategy Planning Associates, Inc. 17 I 0 0 _>1 U Q± Y O it V E ca U) LL W J h V N �N E5 � f:4 69 6~4 69 69 64 M V N 6N9. 64 �' 69 � 69 64 Fry H3 V N Q W N W 6N9, 64 V4 64 � 64 64 fA cfl � N ON N O e N Nom. 64 � &9 EA 69 £A V3 64 d N t� 00 N � fR 64 yj FR 69 69 N h N O CJ W 0 N N� H3 � 64 � V3 69' 69 ER M O M � 604 GOS 604 � O N O � fH y3, 64 69 v� O Oi 64 64 � 64 R z � w ti vi yram�. G N V r V ti O .Y W O y O sr O. [S q O b ctl H Strategy Planning Associates, Inc. 18 W v � R z � w ti vi yram�. G N V r V ti O .Y W O y O sr O. [S q O b ctl H Strategy Planning Associates, Inc. 18 FISCAL IMPACT TO SCHOOL DISTRICT M III. FISCAL IMPACT TO SCHOOL DISTRICT #46 There are 302 age restricted housing units in School District #46. School District 446 is projected to receive $689,109 in annual recurring property tax revenue from this age restricted community. There are no costs or expenditures brought about by the construc- tion of this community. The net fiscal impact, recurring on an annual basis is the total pro - j ected property tax revenues. Strategy Planning ASSOCIateS, inc. cu O W Q �L U) 0 K >1 L Q. Q IZ 0 w J CO h k b ^ C N d M O O � O E W LL O O � N > � N O 2 x O F ~ C 0 0 o � ro � F� Strategy Planning Associates, Inc. 22 �C vl Vt vl � O O M O O Cn M M O� N F bOA Q cd O � O N 0.i it .0 p. 2 .yam .ya Y V1 ' C9 rR o s. W UwHF oU P1 0 a 6 c H 0 x�W Wri�W(7U F k b ^ C N d M O O � O E W LL O O � N > � N O 2 x O F ~ C 0 0 o � ro � F� Strategy Planning Associates, Inc. 22 0 0 :a 0 s w x h (D 0. 0 L CL U W i rn Q- Q O O o m a O (fl C O 'O ~ O CO W N � LL IL) o N C a � a G U0 a) c � a) c ar - a) O> a) w o� o o m i d o M U 0 >1 N M J L�— U U w Strategy Planning Associates, Inc. 23 Exhibit C Ordinance No. G95 -04 AN ORDINANCE RECLASSIFYING PROPERTY FROM PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (The Traditions at Fitchie Creek - 1101 Nolan Road) WHEREAS, written application has been made to reclassify certain property located at 1101 Nolan Road from a PSFR2 Planned Single Family Residence District to a PMFR Planned Multiple Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled "Official Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries herein before laid out in the Zoning District Map, as amended, be and are hereby altered by including in the PMFR Planned Multiple Family Residence District, the following described property: PARCEL 1: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF BOWES ROAD AS ESTABLISHED BY DOCUMENT NUMBER 563250 WITH THE WEST LINE OF SAID QUARTER, 832.22 FEET; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES, 09 MINUTES, 59 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM), 50.82 FEET TO THE EAST LINE OF NOLAN ROAD AS ESTABLISHED BY DOCUMENT NUMBER 1232476 FROM THE POINT OF BEGINNING: THENCE CONTINUING EASTERLY ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE, 1738.30 FEET: THENCE EASTERLY ALONG ALINE FORMING AN ANGLE OF 165 DEGREES, 22 MINUTES, 54 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 687.73 FEET TO THE WEST LINE EXTENDED OF A TRACT CONVEYED TO FRANZ AND HELGA STOCKMAN BY DOCUMENT NUMBER 1574591: THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE 90 DEGREES, 00 MINUTES, 37 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) BEING SAID WEST LINE EXTENDED AND PARALLEL WITH THE EAST LINE OF SAID QUARTER. 34 FEET TO THE NORTH BANK OF FITCHIE CREEK: THENCE EASTERLY NORTHERLY AND SOUTHEASTERLY ALONG THE NORTH BANK OF FITCHIE CREEK. 183 FEET, MORE OR LESS, TO THE WEST LINE OF THE EASTERLY 127.28 FEET OF SAID QUARTER (MEASURED ALONG THE NORTH LINE OF SAID QUARTER): THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID QUARTER, 53 FEET TO A POINT THAT IS 1369.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID QUARTER: THENCE EASTERLY PARALLEL WITH THE NORTH LINE FORMING AN ANGLE OF 89 DEGREES, 48 MINUTES, 21 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 127.28 FEET TO THE SAID EAST LINE; THENCE SOUTHERLY ALONG SAID EAST LINE, 1243.70 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY DOCUMENT NUMBER 1320007: THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 63 DEGREES, 47 MINUTES,19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CONTERCLOCKWISE THEREFROM). 2902.55 TO THE EAST LINE OF NOLAN ROAD; THENCE NORTHERLY ALONG SAID EAST LINE NOLAN ROAD FORMING AN ANGLE OF 116 DEGREES, 37 MINUTES, 37 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM), 399.44 FEET TO THE POINT OF BEGINNING IN KANE COUNTY, ILLINOIS; ALSO THE ENTIRE RIGHT -OF- WAY OF NOLAN ROAD WHICH LIES BETWEEN THE EXTENSIONS OF THE NORTHERLY AND SOUTHERLY BOUNDARIES OF THE ABOVE DESCRIBED PARCEL. IN KANE COUNTY, ILLINOIS; PARCEL 2: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 1 DEGREE 5 MINUTES 52 SECONDS EAST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 1291.52 FEET TO A LINE THAT IS 1369.0 FEET, AS MEASURED PERPENDICULAR, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 56 MINUTES 40 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, .A DISTANCE OF 931.50 FEET TO A LINE THAT IS 931.34 FEET, AS MEASURED PERPENDICULAR, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 1 DEGREE 5 MINUTES 52 SECONDS EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1369.23 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 56 MINUTES 40 SECONDS EAST ALONG SAID NORTH LINE A DISTANCE OF 166.17 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 22 MINUTES 21 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2653.35 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 54 MINUTES 18 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2664.39 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART CONVEYED TO NORTHERN ILLINOIS GAS COMPANY AS DOCUMENT NO. 1060370) DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE WEST (NORTH 89 DEGREES 56 MINUTES 40 SECONDS WEST) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 66.0 FEET; THENCE SOUTHERLY (SOUTH 00 DEGREES 12 MINUTES 49 SECONDS WEST), ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 50 MINUTES 31 SECONDS TO THE LEFT WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 45.62 FEET; THENCE SOUTHEASTERLY (SOUTH 12 DEGREES 22 MINUTES 32 SECONDS EAST), ALONG A DIAGONAL LINE FORMING AN ANGLE OF 12 DEGREES 35 MINUTES 21 SECONDS (RECORD BEING 12 DEGREES 37 MINUTES 04 SECONDS) TO THE LEFT WITH AN EXTENSION OF THE LAST DESCRIBED LINE, A DISTANCE OF 2672.42 FEET (RECORD BEING 2672.81 FEET) TO A POINT IN THE SOUTH LINE OF SAID SOUTHWEST QUARTER WHICH IS 1872.89 FEET (AS MEASURED ALONG SAID SOUTH LINE) EAST OF THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST (NORTH 89 DEGREES 54 MINUTES 18 SECONDS EAST), ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 66.0 FEET; THENCE NORTHERLY (NORTH 1 DEGREE 8 MINUTES 42 SECONDS EAST), ALONG A LINE FORMING AN ANGLE OF 88 DEGREES 45 MINUTES 36 SECONDS TO THE LEFT WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 6.46 FEET (RECORD BEING 6.39 FEET) TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN 66.0 FEET NORTHEASTERLY OF (MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE AFORESAID DIAGONAL LINE; THENCE NORTHWESTERLY (NORTH 12 DEGREES 22 MINUTES 32 SECONDS WEST), ALONG SAID PARALLEL LINE, A DISTANCE OF 2672.90 FEET (RECORD BEING 2673.33 FEET): THENCE NORTHERLY (NORTH 00 DEGREES 12 MINUTES 49 SECONDS EAST), A DISTANCE OF 38.52 FEET (RECORD BEING 38.50 FEET); EXCEPTING THEREFROM THAT PART THEREOF LYING NORTH OF A LINE THAT IS 1369.0 FEET, AS MEASURED PERPENDICULAR, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER AND EAST OF THE EASTERLY LINE OF PREMISES CONVEYED TO THE NORTHERN ILLINOIS GAS COMPANY AS DOCUMENT NO. 1060370, IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS (COMMONLY KNOWN AS 1101 NOLAN ROAD). Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residence District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned urban residential environment for multiple family attached dwellings, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. The PMFR District is most similar to, but departs from the standard requirements of, the MFR Multiple Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol "[SR]," shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PMFR zoning district is located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PMFR zoning district exclusive of rights -of -way, but including adjoining land or land directly opposite a right -of -way shall not be less than two acres. F. Land Use. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19, 10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] in this PMFR District: R 1. 2. 3. 4. 5. 6. 7. 8. esidence Division. "Single family detached dwellings" [SRI (UNCL). "Two family attached dwellings" [SRI (UNCL). "Attached single family dwellings" [SR) (UNCL). "Residential garage sales" [SR] (UNCL). "Residential occupations" [SR] (UNCL). "Residential outdoor storage of firewood" [SR] (UNCL) "Residential parking areas" [SRI (UNCL). "Residential storage" [SR] (UNCL). 9. "Residential storage of trucks or buses" [SR] (UNCL). Finance, Insurance, and Real Estate Division. 1.0. "Development sales office" [SR] (UNCL). Services Division. 11. "Family residential care facility" [SR] (8361). 12. "Home child day care services" [SR] (8351). 13. "Residential Care Facility" [SR] Construction Division. 14. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication, and Utilities Division. 15. "Amateur radio antennas" [SR] (UNCL). 16. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 17. "Radio and television antennas" [SR] (UNCL). 18. "Satellite dish antennas" [SR] (UNCL). 19. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 20. "Fences and walls" [SR] (UNCL). 21. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.45, Off Street Parking. 22. "Refuse collection area" [SR] 23. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 24. "Temporary uses" [SR] (UNCL). 25. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. . 26. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "conditional use" [SR] in this PMFR zoning district: Residences Division. 1. "Conditional residential occupations" [SR] (UNCL). Municipal Services Division. 2. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 4. "Conditional commercial antenna tower" [SR] (UNCL) 5. "Other radio and television antennas" [SR] (UNCL). 6. "Other satellite dish antennas" [SR] (UNCL). 7. "Pipelines, except natural gas" (461). 8. "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 9. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 10. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR). 11. "Planned developments" [SR] (UNCL) on a- zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PMFR Multiple Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PMFR zoning district, the use and development of land_ and structures shall be subject to the provisions of Chapter 19.25.735, Site Design, (MFR Multiple Family Residence District) of the Elgin Zoning Ordinance, with the following departure: Minimum Building Setback: The minimum building setback from a street lot line shall be 20 feet. In this PMFR zoning district, the use and development of land and structures shall also be subject to the following conditions: Substantial conformance to the Planned Development Plan for The Traditions at Fitchee Creek, including the following plan sheets: • General Development Plan, prepared by Lannert Group, dated March 23, 2004, last revised July 9, 2004. • Preliminary Plan, prepared by Lannert Group, dated April 7, 2004, last revised July 1, 2004. • Classic Home Architecture, prepared by Roth Architects, dated July 4, 2003 and Building Elevation 91815, revised April 5, 2004 with color enhancements August 25, 2004. • Classic Home Architecture, prepared by Roth Architects, dated July 12, 2003 and Building Elevation #1824, revised April 5, 2004 with color enhancements August 25, 2004. • Classic Home Architecture, prepared by Roth Architects, dated July 2, 2003 and Building Elevation 41829, revised April 5, 2004 with color enhancements August 25, 2004. • Classic Home Architecture, prepared by Roth Architects, dated May 7, 2003 and Building Elevations #1877, 1958, 2101, 2193, 2313, revised April 5, 2004 with color enhancements August 25, 2004. • Club Home Architecture, prepared by Roth Architects, dated July 4, 2003 and Building Elevations # 1609, 1812, 1861, revised April 5, 2004 with color enhancements August 25, 2004. • Carriage Home Architecture, Elevations 1 & 2, prepared by Roth Architects, dated April 10, 2003, revised April 5, 2004 with color enhancements August 25, 2004. • Clubhouse Plan, prepared by Lannert Group, dated July 28, 2003, last revised October 1, 2003. • Burnside's Traditions Product Size Summary, prepared by Lannert Group, dated July 2, 2004. • Typical Unit Landscaping, prepared by Lannert Group, dated February 18, 2004. • Landscape Features, prepared by Lannert Group, - Sheet 1, Fitness trail and water features, dated August 5, 2003, last revised June 10, 2004. - Sheet 2, Intersection, entry, signage and lighting, dated August 21, 2003, last revised October 24, 2003. • Preliminary Engineering Plan (sheets 1 -3), prepared by Cowhey, Gudmundson Leder, Ltd., dated March 29, 2004, last revised July 9, 2004. 2. All Classic Homes and Club Homes will have a minimum of 40% masonry on the front elevation (as represented by Plan #1815, Elevation A in "Traditions ") with 2 foot masonry returns. Other building surfaces will be heavy gauge vinyl siding. A minimum of 25 -30% of the Classic Homes and Club Homes will have 100% brick facades. 3. All Carriage homes will have masonry wainscoting on all elevations. Other building surfaces will be heavy gauge vinyl siding. 4. Compliance with all other applicable codes and ordinances. 5. Except as hereinafter provided, at least one occupant of each occupied residence on the subject property must be 55 years of age or older (the "Qualifying Occupant ") and no person under 18 years of age shall occupy or reside in any dwelling on the subject property. In the event of the death of a person who was the sole Qualifying Occupant of a dwelling on the subject property, the spouse of such Qualifying Occupant may continue to occupy the dwelling provided that the provisions of the United States Fair Housing Act, as amended, and the Declaration of Covenants, Conditions and Restrictions for the subject property are not violated by such occupancy. For the purposes of this section, an occupant shall not be considered a permanent occupant unless such occupant considers the dwelling to be his or her legal residence and actually resides in the dwelling on the subject property for at least six months during every calendar year or such shorter period as the dwelling on the subject property shall be occupied by any person under the age of 18. For purposes of this section, a dwelling shall be deemed to be "occupied" by any person who stays overnight in the dwelling on the subject property more than 21 days in any 60 day period or more than 30 days in any 12 month period. H. Off- street Parking. In this PMFR zoning district, off- street parking shall be subject to the provisions of Chapter 19.45, Off - street Parking, of the Elgin Municipal Code, 1976, as amended. L Off - street Loading. In this PMFR zoning district, off- street loading shall be subject to the provisions of Chapter 19.47, Off - street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PMFR zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PMFR zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PMFR zoning district authorize such an application. L. Planned Developments. In this PMFR zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. O. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 1, 2004 Passed: December 1, 2004 Vote: Yeas: 5 Nays: 1 Recorded: December 2, 2004 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Resolution No. 04 -321 RESOLUTION APPROVING PRELIMINARY PLAT FOR THE TRADITIONS OF FITCHEE CREEK (1101 Nolan Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Lannert Group dated July 1, 2004 for The Traditions of Fitchee Creek. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. sl Ed Schock Ed Schock, Mayor Presented: December 1, 2004 Adopted: December 1, 2004 Vote: Yeas: 5 Nays: 1 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Exhibit E �x�. rJ r \, I III 11 1 h i \ ®M®COWHEY �,Hmm moo. >u 0En:NTON BAEIN AREA \ " " -'- _ L WERAND MITGATDN AREA i TYPICAL DETENTION BASIN CROSS SECTION Burnside Homes m ¢ V uA M m (aaa)5,seA9 a _ ems= 2400 Niamnsin Avenue ra.frao)slsasss vnmw,wmsrnonomx.o+m v Downers Grove, Illinois 60575 1 b .�msm. Mm m xa I �. CD ,90` rJ r \, I III 11 1 h i \ ®M®COWHEY �,Hmm moo. >u 0En:NTON BAEIN AREA \ " " -'- _ L WERAND MITGATDN AREA i TYPICAL DETENTION BASIN CROSS SECTION Burnside Homes BumsiCe Constn ation Management Company and Affiilafes (aaa)5,seA9 a _ ems= 2400 Niamnsin Avenue ra.frao)slsasss vnmw,wmsrnonomx.o+m v Downers Grove, Illinois 60575 1 I �. CD ,90` ��� PRO £CT NQ SHEET PRELIMINARY ENGINEERING ".. 03/29/2004 0 '� "'" ��'�';>. / - -• — �.�-_- ate''- -� / ^nO� 9 ' , >Q 21 1�1 w� TYPICAL PAVEMENT SECTION PRIVATE STREET TYPICAL PAVEMENT SECTION PUBLIC STREET LOCATION. MAP y' : 1 t d I 1 ••`� I 1 I I 1 I IZZY 6 I a..,m ..a o".,.�. 25.93' _ I � _ B.o `.., \ ... pDP(Aw n POND t VOL 3.OACYT.� Ji RENSIONS i YWIZ Tr2AnITlf)MQ AT FlTf -14;= CRl=F{f 1, SM POND POND a _ ems= \ I �. CD ,90` ��� PRO £CT NQ SHEET PRELIMINARY ENGINEERING PLAN DATE 03/29/2004 0 <�., t' . Inn• �p I; I h 09 I �A4 MTENRON BASN AREA \ _ MERANO MInGAeON AREA TYPICAL DETENTION BASIN CROSS SECTION Burnside Homes Bamslda Censeuctlon Management C=penyand Affiliates 16]0) 5158999 2400 Wisuensin Avenue eu /6.to)sr59655 nnavnw.w.e�a :leennoaar..,i Downers Grove, Illinois 60515 I LEGEND —\ (� LL 920 COWHEY 21 1 ®_ ■O GUDMUNDSON -Z "I, = "' e". a I Q i II w NSHEET PROJECT N0. 2287.00a �p I; I h 09 I �A4 MTENRON BASN AREA \ _ MERANO MInGAeON AREA TYPICAL DETENTION BASIN CROSS SECTION Burnside Homes Bamslda Censeuctlon Management C=penyand Affiliates 16]0) 5158999 2400 Wisuensin Avenue eu /6.to)sr59655 nnavnw.w.e�a :leennoaar..,i Downers Grove, Illinois 60515 I TYPICAL PAVEMENT SECTION TYPICAL PAVEMENT SECTION PRIVATE STREET PUBLIC STREET —\ (� LL 920 COWHEY "�., e RevsioNs ®_ ■O GUDMUNDSON -Z "I, = "' e". TYPICAL PAVEMENT SECTION TYPICAL PAVEMENT SECTION PRIVATE STREET PUBLIC STREET 778.0 %VOL E 3.OAC.FL� -i - THE TRADITIONS AT FITCHE CREEK 01 nHkl III lunfe a __. A -� coeveao I c —\ (� LL ti CD a I Q i II NSHEET PROJECT N0. 2287.00a 7 PRELIMINARY ENGINEERING PLAN DATE D3/25Z200 F SANITARY SEWER — SCALE DESICNED By I I• = HM A 3 a g o u1 2 599' __ - -- _ t _ - -- vS Z-- _ _ _ _ _ - - _ _ _ _ _ _ _ _ _ / n I 'WE LAND \ \,A4�IN G ON AREA ` \ POND I / 778.0 %VOL E 3.OAC.FL� -i - THE TRADITIONS AT FITCHE CREEK 01 nHkl III lunfe a __. A -� coeveao I c (� LL CD a I Q NSHEET PROJECT N0. 2287.00a 7 PRELIMINARY ENGINEERING PLAN DATE D3/25Z200 F SANITARY SEWER — SCALE DESICNED By I I• = HM A 3 a g o u1 August 3, 2004 Via overnight delivery service Ms. Jan Ward Department of Planning and Zoning City of Elgin 150 Dexter Court Elgin IL 60120 -5555 Re: Traditions at Fitche Creek Dear Ms. Ward: Enclosed please find replacements sheets 2313 /Elevation #2 -6 and 2313 /Elevation #3 -C with the corrected designation of the right -left elevations. Sheet 1829 /Elevation #2 -B is correct as shown. Additional masonry was added to the house /living section of the front elevation. The masonry return on the right elevation is shown as a wainscot treatment. The architect Scott Roth stated that it would be inappropriate design to return the masonry full- height to a rake board. For that reason, the masonry is returned to a wainscot height on the right elevation. This same condition exists on sheet 1824 /Elevation 2 -B. It also is correct as shown. As a point of clarification, in the Clubhome (duplex) product, for all three models 1609, 1812 and 1861, elevation #1 -A is a front -to -back gable -end. Elevation #2 -B is always a hip -roof. The working drawings are correct as shown. The brochure sheet for Plan 1609 is incorrect for elevation #2 -B. Thank you for working with us in this process. incerely, Jeffrey I. Hyman Director of Land Acquisition Burnside Construction Company Enclosures copy: George Arquilla III, Burnside Larry Miller, Burnside Lynn Whitman, Burnside Joe Sitterly, Burnside John Regan, John E. Regan Law Offices, Ltd. Matt Nelson, The Lannert Group Burnside Construction Management Company and Affiliates June 23, 2004 Via delivery service Mr. Jerry Deering, Director of Planning and Zoning City of Elgin 150 Dexter Court Elgin It 60120 -5555 Re: Traditions at Fitchie Creek Dear Jerry: Enclosed please find elevation sheets for Burnside's Carriage Homes (quads), Clubhomes (duplex) and Classic Homes (single family). We have revised the drawings with color marker to indicate where additional masonry will be included as a standard to that specific elevation. The general guidelines are as follows: Carriage Homes: A masonry wainscot will be included on all exterior wall elevations. Where the enclosed porch option is selected, wainscotting will not be carried on the face of the porch enclosure or on the exterior wall elevations, which will be interior to the porch. A full- height masonry elevation will be included on the front elevations visible to the street at locations indicated on the attached drawing titled, "Landscape Features." Clubhomes: We will provide full- height masonry on the forwardmost front elevation of these homes. The masonry treatment will be returned 2'0" at the outside corners of the building, either as wainscot or full- height, as applicable. Classic Homes: We have used Plan 1815, elevation A as the minimum standard for masonry on the single - family homes. Generally, this would be masonry wainscot at the front garage elevation and full -face brick on the house /living section. The masonry would return 2'0" at the outside corners, wainscot or full- height as appropriate. It is our agreement that we will be employing the use of a quality vinyl siding material in conjunction with masonry, as revised; architectural enhancements such as "shakes" and shutters, as shown. (continued) Burnside Construction Management Company and Affiliates B U R N S I D E Mr. Jerry Deering City of Elgin July 23, 2004 Page 2 Thank you for your assistance in this matter. Sincerely, Jeffrey .Hyman Director of Land Acquisition copy., John Regan, John E. Regan Law Offices Ltd. George Arquilla III, President, Burnside Larry Miller, Director of Operations Joe Sitterly, Purchasing Manager \ . . \� {� . \ \2 . .«� ...z� : ., %f�« IVI »f® I I I I I I I ¢ d I I I I I t I I I I ___ /4-�\RISH7 ELEVATION A -3 ac Zr vA" . r -V CI __[___________________________ 1 1 i I I I I I i I I @L��7 ELEVA710N q -3 ec r vm' . r-m° i I MATERIALS SCHEDULE r i•macwmeuur ane vim rawxacw�er •em.E sauna»• ,.iYmroe c.r numoan rein a +•emEeaunam• a. �.,m 4mlN5 rnfx Aefi%lep rfmo. w.uewwm ewtomc uwra- u. m�ooi, ueov er romf ecurtiau� i m m rfecatnae xef exrrrs.Ee o�Ea e.irorear o,u ero cea maeHrxv roco. rw m»rar nw.frL argxatEe aeaaxwYm '. s.alJnt+n'uAr++EO,bwscra w. ewLVw urtir i. u•MIM1 E4lr1lK Ifl VMiL'J'rRMY0111W11! t. 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Mo amm M e¢YgYR uK My vgwp rlpMa In &ew pMa.M RaeXmtlw na.r pw en ne, m u fam w nnm Ma�xR, iM u( n.'ma m w mn wt .mow ewe Pal.�,u�MU.aP S MM •m ELEVATION #2 MM TAX= ISHM N0. tea. No . A-6 a'1 Fl AS 1gi81 I MATERIALS XoJ uP (7)REAR u A 00 OZ cc I An. save O S F.LEYA710N Ln (�j�)R16H7 � ; 0 L! Z 0 L) LU 0 LI LJI ----------- ----------------- ---------------- ff _j r7-'�EFT ELEIA 70N �J ---------- &CHEDULE ---------- I mim cualrREV. lamw WEXT�. 3 2W� CUENTRM 4 3*=4 CU� REV. S 4AMM � REV. OY 1 F RRRR --------- ELEVATION 43 PARTIAL FCUNnATICN FLAN 7 FROM F_' r-\/A71QN GM, Tm= JSHM NO. @)ZA \ILVT No. �173 A-7 scums AS NOTM MATERIALS } O r O I I RIGHT ELEVATION A-3 x e, w^ . r -m• .______ _________ _____ ___________ ______ 3 REAR FLFVATION MATERIALS SCHEDULE L4^OR ICKypELRLLV I•AR ePH£ MuNpW Nlgp pT Ym�l BlUepR' GrLY MAn \Sp WILDM3 LLRM fYAEI. NO. W.'HYi r.l.mlera€ gar n. WvavuPm er roms eaunaxir '. .'mJn enxn o.lw Ar+Y�aeeP WLLDINi YluP as rrt neee-iaee .ecw eurzrxee alle Hanel. Ne.uuumm 4. 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NHYL LLfty+ MOJ6l W.V.CAH0.v6 / 78 —�T nLEf-T ELF-VATION ______JJ I !i --------------------------------------------- ----- -------- - - --�! ________________ I I I ._______________j --------------------------- w Ift OR v UW g NO � = Vas O ` 0 U W Z o U� Z F- rtaw pv.e OR v S ©rvn�e ttl m�wneR �WW Mn nwmry ApMm� In tlma qme eM rtaw pv.e �4�eta OM�mWa�iv ibY e•. n[ of pM MFYA^ Fc r� ELEVATIONS Dnic: SNRp;1 sHEEi N0. PPOJ. Nb. O= -i7B A q ScuE AB NOTED V r iL nR00P 7AMIN6 PLAN I L___________________ , I WGt ATRJVap CW�9d43 LLRN ].lKltPi CM I i 1 nwri lue.urwma. °w�'DR1O'LOA" t ROCSaee w.wwwl wean eY rorYteewnaee• �ra�Re�wv.aa �e e�amu 1.ppE. ua ^aerar rt.Tm euRrx.2 e. N.lxwluwvr�as Snaga m. au•vm.t aw.InEe ortm u.r.lro:xo euu.ol�uwa+• 5G I we wrt ae laaulcxo ,•etaz rmmew,ruR R.az I PO[4TIR�1MRJh➢MGW.Y l cuc lLwNH WIfF£D CIX.uM mae `°°.• � p I I nw+mn wRarren ew xe -Rua S.L I j I I R H= eunlar sowrww•1"wEa . wb �smeeounwHe•roec4 w�nea a rne..aelaurzo n.uxr�e I.w.aR P.M murvaa °raee> xs. 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RAOU. no. 0&48 11-6 SINE' AB NpiW /• r I L (DLC(P PRAMINO PLAN A -� v:AU. ba•. rs• a a s PARTIAL POUNi7AT,ON PLAN A -7 advs: arc . r-v -------------------------- (REAR ELEVAaTION V-5,1 > O 1/4', ' -m" MATERIALS SCHEDULE rs•erirJC+aleeruvrAiF errs uw:ocw redo er roTrLe aowrew• ci4n M'FpvFD WILDNS mA 1 L126,PYF L4 rFro I I E I'fOSi Na. YNJiDb# WhDbb uw am rn fbwa.be w>ef euwttx wee w. u1rocW rF w e- rorvk ea.uTrcw" ancF reu wlR err cee laww DUna mxi. w. apron• n.vun wrntxb wcRAPne°•,m 9. NL'91YH ORM'iq•D ]v1 fA0.'IA W. CYLLMY IIFM 0. 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"�e'"°.'u i9O"B w. awan �Pn eY •ems eownaxi xa a•emac eaLaieemwe rzoa. ue. ur naw C (41RIGFfT �L�VP�TIDN A -i BcALE: . �._a:: Q �1LErT ELFVA716N A -T ec ,L�: Ire. , r-m• n ,L_____ ____________________� /'1�EA1� EL�V>�Ti�N O—\ ,esm:�-, 1-RON7 EL EVA 710N A -� BCaLE = /B" . P.O. i WW ,nO ~ �= L'Z N Z QV g U E= Z SR FS, ELEVATION #3 (SLAB COND.) q71 MV03 SHf£T W. mod. no. 02178 A.7 vu r. AB%w7® (i) K-3 -)LEF7 ELEVATION VA-3T-AL. 14 - I-.' L- - - - - - - - - ------------ MATERIALS 5C,141=rUl 14' pRIfJC YpQR W I. ------------- 2s,� -- - - - - - - - \ ------------ ------------------- 6HT ELEVATION U- W �E, Y4 . ['.W K-3 -)LEF7 ELEVATION VA-3T-AL. 14 - I-.' L- - - - - - - - - ------------ MATERIALS 5C,141=rUl 14' pRIfJC YpQR W I. U- W co � Z: N Z t 0 = R z co U3 a. u`Mm.wmn n. vnm.vmm.wiawn SRM I CLIENT REV. E 4 2=4 CLENT REV 5 MA" CLIENT REV SHM ELEVATIONS JI --- -- ------------ ---- ------- - ----------- ---- --------------------- ---------- - 1 q� --------------- �7 r2*NREAR ELEVATION .9 Eli m U- W co � Z: N Z t 0 = R z co U3 a o 0 W 5 z o SRM I CLIENT REV. E Eli m 2 SRM I CLIENT REV. E 4 2=4 CLENT REV 5 MA" CLIENT REV SHM ELEVATIONS (STD COND.) MR: EOTICS 'SX2f N0. 4 12 •� r- -- --- ----- - -- - --� I (x)h'C]'LYL ())Po'W'lN. (3122 O / ts9tl9C[ /� ----------- - - - - - C --- -- ---- 1 - -8 - n® U RI5H7 ELE.V4A, 710N A -6 K, W. P-0. } Q ® I ¢ o U OQ E O o - (^� I ® 1 9 _ CO W r.T'�L �T ELEV A710N r 2 A -� SCALE 12• - I -m• M~ 00 vJ N p I.Rp.e.n uo woo'• c c O DF Z tj YW.LH DE, tIWeeL6 _ l 2 r � � 3 ni as ii�o '. erd'e �LmrwneED 0 �' S 4'd m ,1 •' n> m roe` I I I a �\\/ r•nm pam row a, mrDn uc EL �. 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I 4 URd COL'NI 10.KWMNVwNSEP m,Rn artR d.111DIflYIeN•f4D Tm RU2 p>. ovlR YXT1 C(.RAffR PL1 fLm YR Re4R:i. axe lma'W DUMSI.ee /� (i G.'),•�/ r �� . uuv+ln ucn`QEri aw RaaxE RINr RCw PCTRi la xmDn mmau rwiaa rl.szaav CJ SNEE, ill{E N. m.n+pRC+,eo aR.axr m roTiE m wraxwpr � z ELEVATION #2 5 RO r MNC PLAN ($1A66ND) en. mv>m� ewoE VlRrt rem 10 � A -6 eea.t =: +•.i' -m” o.wmrw �awm•Dyne eewrw2• *ug.L NO. 2x`D xe. eDUm +nm wa.�xwr, ii R pc wtL ® � �^ /ry},� RCNT ELEVA710N 2T EAiE SG1N3 SHEEP N0. x a•eoLC A-6 °•r -/�E• Va• . f -m" aqa. n¢ P2 -1Y8 A-� sate AS PpYID 3 ® C bK Q 5 ° rx, wx:'eLn ry rn'.w•Lx rz, ae - - - -- C 1 C' ry raMK•L�(p�L 1 i •� I C1_RICH7 F-LF.VA710N VAN" v C I � a: L---- - - - - -- - - - - -L 00 a ill li O r� I \ 04 II i ill � I � � su:srrcN cf ryp I I Lm+ncn �i �� O � rue.r,'c E � I i eLxR•x -ot � �� `o � ci pp I„ fi,nn' b y 4 ____ vY eer+aweeel ___3 a.Le __'�•' ••'' I9' £ *LPb DORM LIC LLL ELEVA 10N R� C s \L,7/1 B ALE: IW'. P -0' a O Le O F - I U �x��� N o wJ. .R• -�a�� O D° U � N ?. ee EfJO WFR 18 m I � 1 91 ee I � 'al � rw =wcuo xa•n+e:ren uc ui wc._ —_.__ � srsa L_ arz.a Q3 LIC IL Qt9 ___ / REAR ELEVATION SR C NI>�LW�tI � a, xu o mr alb kme In mm dma m r.wweo. ztii ao....n e a I1 5 � F LoO4 "°'�— MATERIALS 5CH£DU)_E v c rM M� wu Ut dmca P nrveeraWe x a• e.ra °veew uv �• a�R Brace u. wwoan lean er ^erYLe eowriau' oeRR Arrwatin euuaw wars rrooeLww -inexi ® � ° i� Q 2 .mama �.aav� °n. •m %Lw�'rLraionG O.ti:aarrm,m uumnan uew er •a+rLa ecurtaw• �� ° i w i duLnxe; wear ncoeeL xo. ur um:. I � �° D � w,. Am mPceRV.me rsazx auanLta ate �. wxoow ueno ar rorrLe mLUnow• � � 1 08dA9 nooeL w. wgrun 2 16RIM CUB fWV. wzw s. a.ue•w oa'm pm�cu �.BN�4G n. ex urt±a.m.a=rRO+to @ I i a, u^ rxrct swrnr Ie. vIM's' zRm • vxrroie S 1 cu9 REV. r. eLrtm n_munG ae Reellrm Is n• orae rwEER ur i• aR erA<t r 4 211684 CL{4df Rill. e. riwex mmlxairil'eo S 8Od85 CLIQdf R. L�.AJCO HJGGL'NR -b OY[i3 NSWYED dJUONS WPM 21 REV. I'...., ALV11Nn Wean•m couxw sm. nx+L cosec mn m.uru Wix lw.1UR1°'Iw.o z�.s lPiag �.rn« °s msm°zl.me Ram.asaWmLea ."j 'i ur � �eIPAO�i•i�eY�em.e a. xoso w+mwrcr�meouzen, .ns+ri sxEEt illE ELEVATION #3 A-7 4' -I'_ e.wxoroWmll = azure» ^rove aa. oeroRn+rx waa, uolm � _i_i —i MLABCOND.) NZaP er rorYLe ezurezaa' rr nen FR ®NI ELEVATION mutt vo. ucxam,as n.ICw.rx ewx euL zwe ^ezoltR Cave � 1 I DnIE 68f86 sxELn xo. mw, No. wI n A °7 scu.e AS NDi® III II� I I � I I i II I �— '- - - -- — I fad � v i I i 3 i 5 4 RISH7 ELEVA710N A-3 ec E. V4" . V -." rmwieco er srv¢eauraxn• n»�a wwau ueen er •sm.e ea:mam• wme� ia. uetnaw r I I I i i ,p Q, um 12 CrtR afTROV¢) euLLAeL- uR.w 19aYMiL COF�kR tg11 rR FIGLpSLK9 FY'VFNt 94RN}[.e pgli p]S RP I 32 ]OM JFMCYIIGFIb! i.1IlY.1 n. s'rvw�mn A FYIltLfX pPftlC BILL x a' eanrn am+e t? Im [2-'*%REAR ELEVA71ON A-3 OCGLE� V4 ^. V -0 O I r3-^'\LE1=7 EL4VA7I0N -- - - - ELEVATfON I X25 I I A -3 sw-e� va• . r.m• I I A -3 ecal.e� va^ . r -m• i __ _ ________ ___ ____ ______ _J L O Q� O 2f O Ig I i � 1 9110 o� O U U � W 2 a9 0 uj N L Z '0U �Nz s0 U 1= z F — ism SR RR ELEVATIONS Pm 907/m 7- nq0. raa. no. ffi -179 AV ScAE AS MOT® =- r-- -- ------ -- --- ----tom -- -- --- -----t----t------r---- - - - -- I I I i I I I I i I I I I I I I I CrtR afTROV¢) euLLAeL- uR.w 19aYMiL COF�kR tg11 rR FIGLpSLK9 FY'VFNt 94RN}[.e pgli p]S RP I 32 ]OM JFMCYIIGFIb! i.1IlY.1 n. s'rvw�mn A FYIltLfX pPftlC BILL x a' eanrn am+e t? Im [2-'*%REAR ELEVA71ON A-3 OCGLE� V4 ^. V -0 O I r3-^'\LE1=7 EL4VA7I0N -- - - - ELEVATfON I X25 I I A -3 sw-e� va• . r.m• I I A -3 ecal.e� va^ . r -m• i __ _ ________ ___ ____ ______ _J L O Q� O 2f O Ig I i � 1 9110 o� O U U � W 2 a9 0 uj N L Z '0U �Nz s0 U 1= z F — ism SR RR ELEVATIONS Pm 907/m 7- nq0. raa. no. ffi -179 AV ScAE AS MOT® ROOF FRAMING PLAN \Q-6 � B ALE, MW . P -0' ��f� NOTE: FOR FURTHER INFORMATION 5EE 5HEET5 A -1 t A -2 r- i L_ C. I I C= V I.i °aerx Yeeen lW ,•NR Vece DYER d °AtlT�an4DW'WNP a. wnow FEdo e. romsloLUrlau• 1 LPa8iCfLN 1 i I 1 j M. ELWA N111L' 4'3 I M S. paL 4'VNtt 91p11W OYEA AA`gpVEO p u lI�C4 M. YWKH� II. VMn WiYAtb O.Lt:F�A79 Rli T'R Wa' LBa RM d1LAMM'a S. NJl'IINM YRApp® ly FAfGA �, OWL�AY WM1 IR Mlfl. 'S iFRI . Wt-0Ne i% yML µyi3ER 18 3` aigC xWAR py p dlRapdCp 2iPR 6 axa.a'•<+eaEO alL.DaG Wli6 a larneoercm �saro gym. �nxa caaaR rm LR^AW nJDF1•V.R.b I ¢ i6 PLY'11J114PAfR9 CC'LiYX EI# FILtRA<y RGGwW dIMiYC'Olf Ktv 49. dW11HH YW.GPF£9 4'11FM OYE0. .4nMW 1 YPN'FED k4 dD- �.OVbR 1 I I i RYQPA'IRG61@D M �i 6!'eiYLg Ay ytlpy!•IyxEL Hp, IKRyb 'attl.a fiJLMCNb' roML VlfAaen iA KtfR tt, p0.�13BR1'<ifl> }Rlybp LggE/t I4. 5 at ` 6Q:E V,ATL i1T1 ar ^amp wLUnai• noosL a. Eecaanx „• Llmlrt wr � u. wm. wR.w o.wwoursm e. Ems mu.ioxe• ni•F+n ran wneL xe.unumxi u. wemoW Igao br rontE eoLVnu»` R(ALCGC apIXeILL x rwpL �.W�a7c» a• aoLOeR eorea 6 PARTIAL FLOOR PLAN 1 I I 1 1 I I I• i I �� � I 1 1 I� I 1 --------- CFARTIAL FOUND PLAN A -6 BCALE: 3 /K' . I' - ®:, a.ccau.m.u. MATERIALS SCHEDULE I.i °aerx Yeeen lW ,•NR Vece DYER d °AtlT�an4DW'WNP a. wnow FEdo e. romsloLUrlau• 1 LPa8iCfLN nGCa -W. LLYJbe%i S. paL 4'VNtt 91p11W OYEA AA`gpVEO W. LLII�y1$/y aY'b1TlE 00L�TPPo" dllLpW UPit+ A 3D TRibE4'LrVl R4lF lNMY.Ea Ol4 R. RCQ lI�C4 M. YWKH� II. VMn WiYAtb O.Lt:F�A79 Rli T'R Wa' LBa RM d1LAMM'a S. NJl'IINM YRApp® ly FAfGA �, OWL�AY WM1 IR Mlfl. 'S iFRI . Wt-0Ne i% yML µyi3ER 18 3` aigC xWAR py p dlRapdCp ii xw FLmvro m asman axa.a'•<+eaEO alL.DaG Wli6 a larneoercm �saro gym. �nxa caaaR rm LR^AW nJDF1•V.R.b I ¢ i6 PLY'11J114PAfR9 CC'LiYX EI# FILtRA<y RGGwW dIMiYC'Olf Ktv 49. dW11HH YW.GPF£9 4'11FM OYE0. .4nMW 1 YPN'FED k4 dD- �.OVbR 133e9e al�Y (CPi260L d3MR) 'W tlfKYW tEdp a. RYQPA'IRG61@D M �i 6!'eiYLg Ay ytlpy!•IyxEL Hp, IKRyb 'attl.a fiJLMCNb' roML VlfAaen iA KtfR tt, p0.�13BR1'<ifl> }Rlybp LggE/t I4. 5 at ` 6Q:E V,ATL i1T1 ar ^amp wLUnai• noosL a. Eecaanx „• Llmlrt ub.rEniwb u. wm. wR.w o.wwoursm e. Ems mu.ioxe• ni•F+n ran wneL xe.unumxi u. wemoW Igao br rontE eoLVnu»` R(ALCGC apIXeILL x rwpL �.W�a7c» a• aoLOeR eorea a r1R15HT ELEVATION A-6 00 5: IW . P -0•' I0 l� n 3 LEFT ELEVATION r2'1REAR ELEVATION A -6 =c E. W. t' -,^ 6 (`�FRCNT ELEVATION \t6 / s LE, W, r -a:, O O • v a♦',mry ,• yyc v W 6 wo N = u Z = co 0 �NZ UJ go U I= Z i— m r sra 8R Y•etiM e b n¢r nnE ELEVATION #2 cane cono.) Q. $p7:93 S� N0. vw. no. W -173 A-B PROOF FRAMING FLAN a-7 BC E, 3/W. f' -®" NOTE: —� FOR FURTHER INFORMATION 5EE SHEET5 A -I E A -2 r I L_ 6�PARTI:AL FLOOR FLAN 5 F'ARTIAL FOUND °LAN A.7 OC E, 3M,. f,o` �R SH7 ELEVATION A -i eca.e. W. r -m^ �L�FT �L�VATiON A -� 5CALE. 12 °. 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ALIIONW YNAYEp ZM eAepA np, vDIYL 'J'iRtt . la'• vmvl N+lireN iem XWK.WAtISNIEtlI.YEV ro. V!Ml LLRw ]0.1••DiCL'KTIE\'W t'uR EP.e4 NLGG ltM iD 1R!LWI® a\.ER NYAdMI dN.C1NG LLRM ay�� Pte" �� -b 4WNM LLMdPPm C41lN 9L vMl CLNlIf }R1M b. ALVmllM YWiTp 4]iRet wEN T. ]D YR DR'EpY..m Rpyµ)ylAygl[e N.1]1NN URM'ED Ma RTY.c OO. PI"R PENfR Y.oc1Wl 41MINM LLRNTGD Me tlL -RY2 A:O.`0 LL1IWL(GPME6LA9N4) nr�ia¢r,nrEO VaACt�r nY rorrLE iwmmow trio sY ]n.amwa 'etxE eaurga• ernti wcwem o.�$a+e'anaet m"e+n�e Aewniaa�.e Lanz nx+eL ]i. mm mrnr m. uw vmmL *art+ vo, rrevzxn >c. cscrnA.nE Wa.t Lwrt a � � erorne eoumwD• n. aanox Nwx eiu u uamau ta.AO ar ror+�ewmo4D• ]n a'exnieN mace DEL w. waamxc ]a i'FRa tan t--"�PRONT ELEVATION A-3 stays, 1/4', r-01• �aesl .9 n = W M O h M= L:Z Q 0 �C13Z W go c? F= z in SR S oll I E.at�. tt /ai � wn.t'�D+w. w.••pmtl1 �a'rv,gxnm � ELEVATIONS #1 dpTgS sxrti w. m A -3 [V a a� PRE-ENGINEERED I)p ROCK TRIi55EE5 24- C/C BT LIC SW. OR T9U65 I"FR LIC E1�ki 0 FIZE.-Ews I ERT FRE-E�* alF ER (2� 2.4 ....... . . ....... ......... ... FR EA ERD1 PosT (r RIDGE VENT V-0, L RIDGE VENT =3 ry – ----------------- ------- 1:-L=\/A�l0N 4=J 'D 0 0 D4— u 4 ------ IF. ......... . . .... .. UFLUE RJ�E VENT -------------- ------------------------------------- /4R16HI ELEVATION PRE-ENG M*G co X CVEWR�NG 24. O/C LLJ mlcau O 0F� 0 3 Cl) :]-- (D— L: Z 100 X/I W z (D z LOW co RIDGE VENT _,2 2.4 F T 1290- k pr K TRU$5 2xiO DROP gR (2) 2x4 TRUSSES W r2 -xR R ELEVATION A POST BY LIC: ENG TR135 MFR BOALE, VW. ROOF 1131. %Fe 24 /C !TYPICAL) &.0 RIDGE SR 5T LIC Etas TRUSS @ Mm- 5CALE: 1/411 11-o' C LAB -SEEN. 02) DOWNSPOUT 5 L–=== ----- VELEATION #2 (SLAB) (FRONT ELEVATION \L--&) 6 E, V .. M�VATT� �) I I scut A6 NOTED PRE - ENGINEERED M ROOF (2) 2x6 (2) 2>u T 6F6 24" C/C (TYPICAL) Ip.LLWbL M°LC pT YMe M..1RIR°' z z va LpseTam e+e• >. od. s• rn+n aow artR nrt•nvm MTEL W.II�GI190Y6 m. anew lend m rome eaNram BY LIC ILL ENG OR TII T1FR ,roxL u=. <upron` A 2 mrlemcux Rxceuptazp ase n•w.e�P rR.r oreR ero•oee tea. puearwla PRE- ENGINEE D m ROOF P08T4ttP b (2) EA END) �J2p6 A 6. M'VMTL 6HTrcY TRUSSES 24" C (TYPICAL) T'YI' ry 6T LC ILL E OR T?0S MFR Lry uvmu. w+ <Prtc z.e Rw po. ou uumw ursArnm w amaaz(G PMr R'KT KwIT ] >. ua wrmw roPaa>r ..cater n PIIQP°RYJrED exrea¢rer wme e�-O�� L� PRE -E GIRDER TR S er roTTLe aowT!au• nmeL RCK YENT _ PRE -E�_ IR ER TR. a x_ v _� (2) 1� ax9 n L xe.nuv»xe ...... 2x8 PRE- ETYaINE UaD ROOF TRUSSES 24" G (TYPICAL) BT LIC ILL E I OR TRUSS MPR PRE-E 524E C < lyp � LPL 14'i0" LONG 2 ICE VENT T2155'c3 24" /G (TYPIGAV ( �DGE VET-IT By LIC ILL E OR iRLL55 MFR GJTTER e DdLNSPOI (TYPICAL) 5 ROO' FRAK N6 1 AN SCALE: 1/4" = 1' -ID" (SLAB -ELEV. °2) C3'1LE77 ELEVATION \t1 / aca_E, M. r -m^ (1_R16H7 ELEVATION II � G e MATERIALS SCHEDULE L4p�WMG N W. I- AXIMGCY (2) 2x4—' Ip.LLWbL M°LC pT YMe M..1RIR°' z z va LpseTam e+e• >. od. s• rn+n aow artR nrt•nvm MTEL W.II�GI190Y6 m. anew lend m rome eaNram eml.oplp�wr ,roxL u=. <upron` A 2 mrlemcux Rxceuptazp ase n•w.e�P rR.r oreR ero•oee tea. puearwla POST (TY+ pLWIWLt uW.pPEp zvB FAecIA W. Iw vnn V' TRn A 6. M'VMTL 6HTrcY NNNYL IWhP LIV°GLMD °.1WWi YV 16�tl111Rp ]O, 4 pTQE YFI.I�Ie IW I`NR pPALE EA END) a.4e NTROV£n vIILOM NvA RLIi 46N KWWMLLRW+kD C0.Wl W AVIMNW UAA4S£C lb lftlM CA£4 2L M ?i Jp TR � PCLTW W1YiGp uvmu. w+ <Prtc z.e Rw po. ou uumw ursArnm w amaaz(G PMr R'KT KwIT ] >. ua wrmw roPaa>r ..cater n PIIQP°RYJrED exrea¢rer wme i I I 'Awrlaa`rwocL rb. ecnua a. PI!- 'AppuRD rPwr.Le Lou.en aw.oac HRlacpu I xa. van aavlr er roTTLe aowT!au• nmeL =woe rmm. rcn n. xe.nuv»xe oecawTrve wa.LUwr u w.muuem er wne pz�mwx neauzox ewaceu °o u, wK of r�eK+�P VirLe stturlam. reocL ro ue_wrw.. ]My 15+c� M��� 14-0" LONG RIDGE VENT Tl 1 I O w I � 00 m � I 0 n j II � i U p 1 p I�' -m" LOW, I p —y, rIDLE VENT— II n ____- L________ 1 LOCATION OF PLt1E FN F •ROOF . p A3 F'RE-ENG LLD ROMP T2JSS AMING 1C (TY D RIDGE VENT _ ... 2x8 PRE- ETYaINE UaD ROOF TRUSSES 24" G (TYPICAL) BT LIC ILL E I OR TRUSS MPR PRE-E 524E C < lyp � LPL 14'i0" LONG 2 ICE VENT T2155'c3 24" /G (TYPIGAV ( �DGE VET-IT By LIC ILL E OR iRLL55 MFR GJTTER e DdLNSPOI (TYPICAL) 5 ROO' FRAK N6 1 AN SCALE: 1/4" = 1' -ID" (SLAB -ELEV. °2) C3'1LE77 ELEVATION \t1 / aca_E, M. r -m^ (1_R16H7 ELEVATION II � G e MATERIALS SCHEDULE L4p�WMG N W. I- AXIMGCY F MWKD WILnpn 1PGP Ip.LLWbL M°LC pT YMe M..1RIR°' z z va LpseTam e+e• >. od. s• rn+n aow artR nrt•nvm MTEL W.II�GI190Y6 m. anew lend m rome eaNram eml.oplp�wr ,roxL u=. <upron` A 2 mrlemcux Rxceuptazp ase n•w.e�P rR.r oreR ero•oee tea. puearwla ry rmn pwmLOp OVER A4R]yE➢ vu.oen u°a. pLWIWLt uW.pPEp zvB FAecIA W. Iw vnn V' TRn A 6. M'VMTL 6HTrcY NNNYL IWhP LIV°GLMD °.1WWi YV 16�tl111Rp ]O, 4 pTQE YFI.I�Ie IW I`NR pPALE {. WRE YkNi AO +RGWIFV Ld4M'LOIt -.NP -M a.4e NTROV£n vIILOM NvA RLIi 46N KWWMLLRW+kD C0.Wl W AVIMNW UAA4S£C lb lftlM CA£4 2L M ?i Jp TR � PCLTW W1YiGp uvmu. w+ <Prtc z.e Rw po. ou uumw ursArnm w amaaz(G PMr R'KT KwIT ] >. ua wrmw roPaa>r ..cater n PIIQP°RYJrED exrea¢rer wme uv e° ea.m�R caAm° . 'Awrlaa`rwocL rb. ecnua a. PI!- 'AppuRD rPwr.Le Lou.en aw.oac HRlacpu I xa. van aavlr er roTTLe aowT!au• nmeL =woe rmm. rcn n. xe.nuv»xe oecawTrve wa.LUwr u w.muuem er wne pz�mwx neauzox ewaceu °o u, wK of r�eK+�P VirLe stturlam. reocL ro ue_wrw.. ]My 15+c� M��� mm I I I I i 1 aPwx°,°upe C t REAR ELEVATION A-1 �: W'. I' -m" (CLEVATICN A_l ecALe. ve�.r -m^ ( =_!EVATigi n) 9 ,. r`ry , .9 =w rp N = .. Z DNZ ;o U F= Z F m SR �F>y ELEVATION #3 (SLAB) CAM: W783 1 SHM N0. Papa. xo. 02-IM A'7 uuE AS NOTED / C5 IROOF FRAMING FLAN -I0 BCALE: V4' . P -0" (ELEVATION 2 Q° e (LEFT ELEVATION -50 YALE: 1/4'.1' -0' 2LGVATIa nl e B e �Q ELEVATION �1 EGN.G: VW P -0" fCLGYAflON tl) r..___ ------ — -------------- — _- _______J MATERIAL,$ SCHEDULE r a' ewc rttte@ av i` aRerAm u.www reAa er roirLe eowivmP• Oa£R A4q]vID P11¢DIMi VRiP ]. uesmaew MCOIL W. W OYe d vlan elpw v.PR A9fiVYEp IP. u]wcv.em er'eirlr muniaP• aunty ww A SS YRF�'J.A00 q>T gµyyQ9 p.Pp rcPSi. ue. uewws. u.Wwcw rev Pr'amP VLUiIaro• C RXF T1i OrTRG/G'ttE KGP Nmtl rypjOL Me. bbTPT b. MltiMNYFIf¢FD SYFACCIA BO. RYNTL .IXNXt00x0t AFFtgKG PL4'-0W wM! i 162.ry.W q.pMllNp 6]PEQIIf� M4'WDp NNiL'" M. WQOItl d AXT YIXf.LCTi6`YD BD I]. 40T4li YCd2RYb 1'AR G'ACL' a we /I.IF! LLR.ePeD CGIeN iPoMYD pi£R A4�GD RIRILLDYN wPAP M i0 CE 6'a0' ]0. VN(L CCR¢R.iRiy b. PLY'iMN l'W.STt9 bi iRM OY£R 4LU'IINIY LLRgT4O ]M RLI2 ®. RIR ]6]B TRf:PEgy.Ab RCtFNS BXAyyLO ALUrn]]'1 uRa+�o ac eud -Race PGHt PLV. PP1tA� ¢ ei�F,seractro PRAC�] eT'bms eonnc*P'rooe u> PKtNm a. ]obo urtn]ai BV wW W R±m Pr routs www»' raps wano-c Ps n.fREiAL1gG1iFp 1F(AVi6E LOJVER ovacvr¢ sLAZiw 3 e � dY tlNLE OXI.T[NB. NgJ6 ro. tRLnewb ]A e`WDE YMII IW'( ' b.wWJdU VLAp PYYMOGOLNIW.. ]0.➢ECCAAitt4 WN.L LKW YbnlL Na.uFluOb fO. NN*L WRY x. wWUa- k mcR Sty. fe. p[CLWpihP 41LWj LGrr a ('21REAR ELEVA70N' %4t- 151 W4'. I' -9' (ELEVATFG n2 .9 • 1�x:.s9 1 IM* �J I" Q W 'O uz a0 �Uz O a N � Z m H m Li U SR F}pree 11/30/04 ® bu R4 oonmm' Ipr �t mtl � meet/ ma, . ew our. ora m a a.m. m en m aw wawx A.ldWSq .XLL., prm. . .M ®nl ✓ RM AaMW @n ELEVATION #2 1-7. 02174 A-10 # At" �- MATERIALS SCNEPt1LE L L' pVIX IC°BL'R W I" dR MICE K UANpg11}Rgp py bME �LNITb' TER d"+GYky IXViDINS M`M I'r94 W.YNif'4W ).LmlOiIXE CM S YNK 6m11G OVLR Ntq}vFD 6WKr 1Y �ECp CV YTi(BgJ1vpN� WILDW YRM s.�malSERV_n�Rxr BHMSUT. aLER TAL NV. WGHtLYb Y.WWPUWM Cr `DlY1.E MWi1'sU' Icon rat T+SR 02' ose Rear umr l rocu w.mxw 6.PWtIWIM We4rF£ ]w KKGA W. .M'VMM1 dYRER n vin wrr�., oroe Ju'rwwoyRD NLLVNG WGP 1 BM IXIID ftApXµy qy IQyp® Mi'W®E WIYL'J'tRH.W111pry1p iR 0. Wpi KNi{OMq'.kp MR -m t'BLPIB VBEER YV I'Ng IPNl G Brt 41)Y YR.4°PG7 VAlFN M.9y2.� Ov[R L°F'16hL9 GLLDkMYWN wrro r�s'w' m.vNtt <oweR iKn m. dAliMYt wwrfE7 m mn ovE¢ iLIfIMIY LLRMPIlt ]w R<KH GD. 6.iC �L]e muxR-e..a0 w*n BuBar(e i wmm� ux a0 BUS -w� r!N! 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M M1TEl} �r s s� mit a00 U =UZ III O H F- m 6R rsp�ee r) /ao /or ®�S naI(nn, i m^T PW.'b ELM X Ym Fbd eM w°'�Mm� Ilo qw en nd b M �T�bm+. tla'9X. °NBK rM an M mw mmw Muyw 'W m119MX b m/ YdE� Mtla[ � ✓� Nni1M� tlRmi Fn mtl ELEVATIONS .m yxf SM[et xU. Z 221, A'G sue. M M1TEl} (�R®Or- FRAYING FLAN -gym � 114'. P.O. vl:: 7 ELEVPITIDN I2^ . P -9• MATERIALS SCHEDULE'.. ,Z ema vp.®ew i• a�R eP4ce w. W:cauw.wa er'nmP bounlpw• pxR a-PRam nuuoxas uR4r 2 Lffr2rRE CAP 3.VNYL N6N'i 0'.2R APYM+® rboeL lb. ue�naxi R.IIIIApY LIAD OY tlrTLG MLYiKNi' HW6 NZ PtIWDW. 4.MYR RL6l7LMBlp.•.p WI.Yi[p pip[ Il. WgGGW HR4O DY YITI-0MLyryttp' Hoop. lwa anrpr' m•wa r�.r p.exen•oee RNF auras 6. 41tIwf VIRATIG db Pa9C4 w. �' ���'� � ar2! ITRp.IO vM1 biRRR t.6Wr ILND ftAM{hY Aa �WIRm U, y WGC VMiL 'J' 1M'1 � WM9LWG A RT wIM- LLIYMC 1m 4 r6 KW 6RNn•FD CAItH iMtffO I. 6TQl KNPER LLVP 6R NY2 'b OVPRMfR.%vICpMRtl u.RY att ro ac s^o• m. wurLr RrRl.r b. CI..WAJAI IIR«RO MRRIOKR 3LA iRP6ETULAb U-'FIK aNIYJ.86 aLwran WUaPeo Ttl Rtpi m.aKR PSJlwwr�rliRi aLUywn W.API•m be eue -Rue a rma uwop+l uv Wumy usAO er u RwaaJaauio eRxxn er rome aowria.u'rpop. rome aaurzan' e'eoei vr�nwm rb. Renura a Pre.P.raerymeo+R.ulcLe LaKR PRpnx oeenee ovzen v. vvun xxwr er rotrLe aownaw° ItxeL a4.v ace nxtr. +Rn 11n iPLN4T+E U lbmpJl KM lfY tlttl.G e]{AIIIdC' HmSEL tb. WaNmxc A. GCGq/LtIK W4i LIGR y. VPM. YR(f n R"yLLV".ORKC dot ?R DECCA /lNE CELN9 LyHf REAR ELEVATION K:3/ SCALE. NB• • P1.1 4ma (D ag u C13 1 1 O U mU � CV W E- r �gP f- a U o UZ _d � Z W � m t1I]PIP4 tam:F4gma l� dm. en rx b G. 4rm'm� �M�e� In my r. Thry an nq b 4 aYyM b uri Wrt Wb NLMC M1rt � 4b� eM dlbbb 9 3M7003 fYEHr REV. 3 daM C ENT REV. 3 10101003 CU ENT REV. 4 8RRg4 CLIFMREV. 9VEET 1RL ELEVATION #2 E 7AAV3 9ic�T x0. cxw. xo. 03-713 sraLE.. PB NOIID I� 6 9 p wag R�rlo U1 L7------------------------------ - — ------------ -- -------------- - - - - -- a I- ----- ------- -- - --- -- -- -- -- I j i I U 1 - - - - - -- - -- -- - -- - H r2 1 VA710N w a-6 D E: V4" • F -0" m coo ar rnx w• nrtL o � � � d Z�tI1 U =v® o H Z ' \ ¢ as "i"—' �LLJ z s l. 4 °i• "e dLRT1eBae'rIX eroz YiFulIaa B Sa�K! s na DR m xIe. _ DawcnR xnue YKnew aD en 3 uie am tt M ° Y��vIAoP°y L " Fx"i� RdLD a Dm nY e Mw •b1r TYlLi E amOLt.NimitarbD° • CLAwr REV. ------- --- -- ---------- -- ---------- - - - - - -- I Ii aRnnO Q e » �+ Ll `-- ---------- --- --- - ------- - ----- -- - - -- - - '' _ -_ _ '__________ ___— ___________________________ EV —_ _______ __________ � ____________ —___._ -------------------- - - - - -- I 03pR REV ri FRONT ELEVATiON ELEVATIONS re : m T m /mxo a om , s a wpaR -iam wns eurr,Lr� ove u. waeau utm eY rorru bounioD• D•i�roF FEL1 oven ae• abe W aFrtx3 Ymai w. asra.• e.YUaeu +uRaDi.eD nm Fmcu m. �nvwn. afx�mce wt�z . w• wm e+++neR enLnmpww liW Q'.IM19 PIAb1Mi Fa 18�D LLa'WDE YNrL'J'tvM ryey yC. 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U co m 0 0 ofo 0'8 0 °o °•,g °o °o °oi8 °o °o °o}OO o!� � °o. °o o oo 0° 0 o° o° 0 o o t o ! 0 p p 6 w a LL t 1 m O N ; � � p d i v E o` uco d « N '�' N u E E E E E EE m v z o°° ! oE i oE ; - a r o o o d �- oE o o; o r m m D t '_p1 a,' d c 0 U c N 0 N D N N 0 m C Q n m m m m c '3 E d C OI c 5 m 2 " Q C_ � 6 m m N � y m v v d o m 40 W E E E = m d den � - N � c 2 v o v � U c C m p E � d � o 1 Tm N ; P aNi d w 5 d v 1 o m o w ' > O y C 0 5 0 $ m LL C d d O O Exhibit I Mary Giffort Table of Contents 06- 20- 2005.rtf Page 1 EXHIBIT "J" THE TRADITIONS AT FITCHIE CREEK DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS ELGIN, ILLINOIS TABLE OF CONTENTS PAGE ARTICLE 1. SECTION 1.1. "Additional Land" SECTION 1.2. "Appearance Control Committee" SECTION 1.3. "Articles of Incorporation" SECTION 1.4. "Assessments" SECTION 1.5. "Association" SECTION 1.6. "Base Annual Assessments" SECTION 1.7. `By- Laws" SECTION 1.8. "vital Contributions" SECTION 1.9. "Community Facilities" SECTION 1.10. "Common Area" SECTION 1.11. "Declarant" SECTION 1.12. "Dedicated Right -of -Way" SECTION 1.13. "Lot" SECTION 1.14. "Member" SECTION 1.15. "Owner" SECTION 1.16. "Plat of Subdivision" SECTION 1.17. "Pro ert ' SECTION 1.18. "Special Assessments" SECTION 1.19. "CCC ' SECTION 1.20. "City Propert y ARTICLE 2. MEMBERSHIP IN THE ASSOCIATION SECTION 2.1. Membership. SECTION 2.2. Transfer of Membership. ARTICLE 3. VOTING RIGHTS IN THE ASSOCIATION SECTION 3.1. Membership Classes. SECTION 3.2. Exercise of Voting Rights Among Co- Owners. Mary Giffort Table of Contents 06 20 2005 rtf Page 2 PAGE ARTICLE 4. DUTIES AND POWERS OF THE ASSOCIATION SECTION 4.1. General. 5 SECTION 4.2. Maintenance of Common Area. 5 SECTION 4.3. Maintenance of Lots. 6 SECTION 4.4. Watering. 7 SECTION 4.5. No Maintenance of City Propert y. 7 SECTION 4.6. Failure of Association to Maintain, Repair or Replace. 7 ARTICLE 5. COVENANT FOR ASSESSMENTS SECTION 5.1. Creation of the Lien and Personal Obligation of Assessments. 7 SECTION 5.2. Base Annual Assessments. 8 SECTION 5.3. Special Assessments. 8 SECTION 5.4. Capital Contributions. 9 SECTION 5.5. Basis for and Maximum Amount of Base Annual Assessments. 9 SECTION 5.6. Reasonable Reserves. 10 SECTION 5.7. Uniform Rate of Assessment. 10 SECTION 5.8. Assessment for Lots Owned by Declarant 10 SECTION 5.9. Deficiency Contributions. 10 SECTION 5.10. Date of Commencement of Annual Assessments; Due Dates. 10 SECTION 5.11. Certificate of PaMn. I I SECTION 5.12. Delinquency in Payment of Assessments. 11 SECTION 5.13. Suspension of Voting Rights Due to Unpaid Assessments. I 1 SECTION 5.14. Waiver of Use. 1 I SECTION 5.15. Subordination of the Lien to Mortgages. 12 ARTICLE 6. PROPERTY RIGHTS SECTION 6.1. Members' Easements over Common Area. 12 SECTION 6.2. Delegation of Use. 13 SECTION 6.3. Association's Access to Lots. 13 SECTION 6.4. Title to Common Are 13 ARTICLE 7. EASEMENTS SECTION 7.1. Utility Easements. 14 SECTION 7.2. Ownersh p of Utility Lines. 14 SECTION 7.3. Reservation of Easements for Declarant's Benefit. 15 SECTION 7.4. Easements for Installation, Maintenance and Repair of Common Area. 15 SECTION 7.5. Easement for Maintenance of Landscaping on Lots . 15 SECTION 7.6. Easement for Access to City Property. 15 SECTION 7.7. Easement Over Pathways. 15 SECTION 7.8. Rights to Reserve or Grant Specific Easements for Lots 16 Mary Giffort Table of Contents 06 20 2005 rtf Page 31 and Common Area. SECTION 7.9. Power Coupled with an Interest. 16 PAGE ARTICLE 8. AGE RESTRICTIONS SECTION 8.1. General. 16 SECTION 8.2. Restrictions on Occupancy 16 SECTION 8.3. Change in Occupancy Notification. 17 SECTION 8.4. Monitoring Compliance, Appointment of Attorney -in -Fact. 17 ARTICLE 9. USE RESTRICTIONS SECTION 9.1. Residential Use. 19 SECTION 9.2. Restrictions on Commercial Activities. 19 SECTION 9.3. Prohibition of Commercial Vehicles Buses Trucks, Limousines 19 Boats Trailers and Recreational Vehicles on Lots. SECTION 9.4. Garages; Storage of Cars. 19 SECTION 9.5. Animals. 19 SECTION 9.6. Limitations on Signs. 20 SECTION 9.7. Prohibition of Nuisances. 20 SECTION 9.8. Prohibition of Clotheslines, Storage Sheds Doghouses or Dog Runs. 20 SECTION 9.9. Limitations on Fences. 20 SECTION 9.10. Prohibition of Above Ground Swimming Pools. 20 SECTION 9.11. Prohibition of Window Air Conditioners or Window Fans. 20 SECTION 9.12. Trash Removal. 20 SECTION 9.13. Restrictions on Changes or Improvements; Prohibition of Changes 20 of Exterior Colors. SECTION 9.14. Restrictions on Radio and TV Receiver Installations. 21 SECTION 9.15. Prohibition of Derricks, etc. 21 SECTION 9.16. Clearance of Utilities. 21 SECTION 9.17. Maintenance of Easement Areas. 21 SECTION 9.18. Leases of Lots. 22 SECTION 9.19. Limitation on Number of Lots Owned by One Owner. 22 SECTION 9.20. Right of Abatement, Correction or Removal. 22 ARTICLE 10. APPEARANCE CONTROL COMMITTEE SECTION 10.1. Creation of Appearance Control Committee. 22 SECTION 10.2. Review and Approval of Plans. 23 SECTION 10.3. Conformance to Annexation Agreement. 23 SECTION 10.4. Enforcement. 23 ARTICLE 11. OWNER'S OBLIGATION TO MAINTAIN SECTION 11.1. Covenant to Maintain. 24 SECTION 11.2. Enforcement of Owner's Maintenance Obli ag_tions. 24 r- - _ _ s Mar Giffort Table of Contents 06 20 -2005 rtf Page 4 PAGE ARTICLE 12. ANNEXATION OF ADDITIONAL LAND SECTION 12.1. Annexation by Declarant. 24 SECTION 12.2. Annexation by the Members. 25 SECTION 12.3. Annexation Limited to Lots, Common Area, Open Space 25 and City Property. ARTICLE 13. AVAILABILITY OF RECORDS 25 ARTICLE 14. RIGHTS OF FIRST MORTGAGEES 25 ARTICLE 15. MUNICIPAL ORDINANCES PREVAIL 26 ARTICLE 16. INSURANCE SECTION 16.1. Casualty Insurance for Single Family Homes. 26 SECTION 16.2. Casualty (Insurance for Common Area. 26 SECTION 16.3. Liability Insurance Maintained by the Association. 27 SECTION 16.4. Workmen's Compensation and Fidelity Insurance: Other Insurance. 27 SECTION 16.5. Waiver of Subrogation. 27 SECTION 16.6. Insurance Premium Expense. 28 ARTICLE 17. GENERAL PROVISIONS SECTION 17.1. Enforcement. 28 SECTION 17.2. Severability. 28 SECTION 17.3. Covenants Run with the Land. 28 SECTION 17.4. Amendment. 28 SECTION 17.5. Quo rum. 29 SECTION 17.6. FHA/VA Approval. 29 EXHIBIT "A" Legal Description of Propertv 31 EXHIBIT "B" By -Laws of The Traditions at Fitchie Creek 32 Homeowner's Association EXHIBIT "C" Legal Description of the Additional Land 33 EXHIBIT "D" Restrictions on Fences 34 THE TRADITIONS AT FITCHIE CREEK DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ELGIN, ILLINOIS THIS DECLARATION is made this day of 2005, by BURNSIDE CONSTRUCTION MANAGEMENT COMPANY, an Illinois corporation (hereinafter referred to as "Declarant "). RECITALS: A. Declarant is the owner of certain real property located in the City of Elgin, County of Kane, State of Illinois, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference ( "Property "). B. The Property' shall be conveyed to third parties, subject to certain protective easements, restrictions, covenants, conditions, reservations, liens and charges as hereinafter set forth in this Declaration. NOW, THEREFORE, Declarant hereby declares that all of the Property described in Exhibit A hereto shall be held, sold and conveyed subject to the following easements, restrictions, covenants, conditions, reservations, liens and charges, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Property and be binding on and shall inure to the benefit of all parties having any right, title or interest in the described Property or any part thereof, including their heirs, successors and assigns. ARTICLE 1. SECTION I.I. "Additional Land" shall have the meaning ascribed to such term in Section 12.1. SECTION 1.2. "Appearance Control Committee" shall have the meaning ascribed to such term in Article 10 hereof. SECTION 1.3. "Articles of Incorporation" shall mean the Articles of Incorporation for the Association. SECTION 1.4. "Assessments" shall mean collectively the Base Annual Assessments, Special Assessments, and Capital Contributions and any other assessment or charge that the Association is authorized to levy' under this Declaration. SECTION 1.5. "Association" shall mean the The Traditions at Fitchie Creek Homeowners' Association, an Illinois not- for - profit corporation, its successors and assigns. SECTION 1.6. "Base Annual Assessments" shall have the meaning ascribed to such term in Section 5.2 hereof. SECTION 1.7. `By- Laws" shall mean the By -Laws of the Association, a true and correct copy of which is attached hereto and incorporated herein by this referenced as Exhibit B. SECTION 1.8. "Capital Contributions" shall have the meaning ascribed to such term in Section 5.4 hereof. SECTION 1.9. "Community Facilities" shall mean recreational facilities and amenities constructed by the Declarant on the Common Area for the use and enjoyment of Owners and occupants of residences within the Property and their guests and invitees. By way of example, Community Facilities may include a clubhouse, indoor or outdoor swimming pool, tennis courts, and similar facilities. Community Facilities shall be deemed to be a part of Common Area. SECTION 1.10. "Common Area" shall mean all real property and all improvements and fixtures thereto and all personal property owned by the Association for the common use and enjoyment of the Owners. Common. Area includes, but is not limited to the outlots designated as Common Area on Exhibit A attached hereto. Common Area may also be designated on any Plat of Subdivision of the Property or any amendments or supplements to this Declaration. SECTION 1.11. "Declarant" shall mean and refer to Burnside Construction Management Company, its successors and assigns, if such successors and assigns should acquire more than one undeveloped Lot from Declarant for the purpose of development. SECTION 1.12. "Dedicated Right -of=Wad' shall mean and refer to the public rights -of- way depicted on any Plat of Subdivision. SECTION 1.13. "Lot" shall mean a plot of land upon which a detached single - family residence is constructed or to be constructed. A Lot shall be a subdivision lot created by the recording of a Plat of Subdivision. SECTION 1.14. "Member" shall mean and refer to every person or entity who holds a membership in the Association, including Declarant and any beneficiary of a trust holding legal title to one or more Lots. SECTION 1.15. "Owner" shall mean and refer to the record owner, whether one or more natural persons or entities, of fee simple title to any Lot, which is a part of the Property, but excluding those having such interest merely as security for the performance of an obligation, such as secured lenders. SECTION 1.16. "Plat of Subdivision" shall mean a final plat of subdivision recorded against the Property, or any part thereof, with the Kane County Recorder of Deeds and any amended or additional plat of subdivision or re- subdivision expressly made subject to the terms of this Declaration by appropriate amendment hereto. SECTION 1.17. "Propert y" shall mean and refer to that certain real property described on Exhibit A, attached hereto and incorporated herein by this reference, and such additions thereto as may hereafter be brought within the jurisdiction of the Association by the written amendment of this Declaration, as provided under Section 12.1. SECTION 1.18. "Special Assessments" shall have the meaning ascribed to such term in Section 5.3 hereof. SECTION 1.19. "City' shall mean the City of Elgin, Illinois. SECTION 1.20. "City Propert y" shall mean all real property, and all improvements or fixtures thereto, and all real property infrastructure improvements conveyed or dedicated by the Declarant to the City. City Property at the time of recording of this Declaration (i) shall include all storm water pipes, manholes and related storm water infrastructure installed by the Declarant within the Property and dedicated to the City; and (ii) all Dedicated Rights -of -Way. ARTICLE 2. MEMBERSHIP IN THE ASSOCIATION SECTION 2.1. Membership. Every Owner, including Declarant, shall be a Member of the Association, and each Owner, by acceptance of a deed for his Lot, covenants and agrees to be a Member of the Association, whether or not it shall be so expressed in any such deed or other conveyance. Ownership of a Lot shall be the sole qualification for membership, and there shall be only one (1) membership per Lot. SECTION 2.2. Transfer of Membership. Membership held by any Owner of a Lot is an appurtenance to such Lot and shall not be transferred, alienated, or pledged in any way, except upon the sale or encumbrance of such Lot, and then only to the purchaser of such Lot. Any attempt to make such a transfer except by the sale or encumbrance of a Lot is hereby deemed to be null and void. Reference to the transfer of membership need not be made in an instrument of conveyance or encumbrance of such Lot for the transfer to be effective, and the same shall automatically pass with title to the Lot. Members are required to provide the Association written notification upon the transfer, alienation or sale of their Lot to a new Owner. ARTICLE 3. VOTING RIGHTS IN THE ASSOCIATION SECTION 3.1. Membership Classes. The Association shall have two (2) classes of voting membership, as follows: (a) Class A: Class A Members shall be all Owners of Lots with the exception of Declarant. Class A Members shall be entitled to one (I) vote for each Lot in which they hold the interest required by Section 2.1 for membership, except that there shall be only one (1) vote per Lot. (b) Class B: Class B Member shall be Declarant. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required by Section 2.1 for membership. The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earliest: (i) Ten (10) years from the date of this Declaration; (ii) One hundred twenty (120) days after the date by which 75 percent of the Lots have been conveyed by Declarant to Owners. For purposes of this Section 3.1(b)(ii), the foregoing 75 percent threshold shall be determined as follows: (x) if the Declarant has failed to start construction of any dwelling unit on a phase of the Additional. Land that has not yet been annexed to the Property within the said 120 day period, then on the basis of only those Lots that have been submitted to this Declaration either as a part of the original Property or as Additional Land or as a phase thereof annexed to the Property, or (y) if Declarant has started construction of a dwelling unit on any Lot in a phase of the Additional Land that has not yet been annexed to the Property within such 120 -day period, then on the basis of the combined total of the Lots then comprising the Property and those contained in such phase of the Additional Land that is thereafter annexed to the Property. For purposes hereof, the term "started construction" shall mean the excavation of a building site on one Lot within the boundaries of a phase; or (iii) The date on which Declarant voluntarily withdraws as the Class B Member by executing and recording with the Recorder of Deeds of Kane County, Illinois, a written declaration of intent to withdraw, which shall become effective in the manner specified in such declaration of intent. Anything contained in the Articles of Incorporation or the By -Laws of the Association notwithstanding, so long as Declarant is a Class B Member, it shall have the absolute right to appoint and remove any member of the Board of Directors and /or officers and agents of the Association. SECTION 3.2. Exercise of Voting Rights Among Co- Owners. When more than one (1) person holds an interest in any Lot, all such persons shall be Members and the vote for such Lot shall be exercised as they determine among themselves and advise the Association's Secretary in writing prior to any such vote being taken. Absent such advice, the Lot's vote shall be suspended if more than one (I) person seeks to exercise it. In no event shall more than one (1) vote be cast with respect to any Lot, except in respect of the Class B Member as provided in Section 3.1(b) hereof. ARTICLE 4. DUTIES AND POWERS OF THE ASSOCIATION SECTION 4.1. General. The Association shall have the power and duty to (a) pay any real property taxes and other charges assessed against Common Area; (b) grant easements where necessary for public utilities over Common Area to serve Common Area or Lots; (c) adopt reasonable rules and regulations (including, with limitation, with respect to fees and fines) for (i) controlling and limiting the use of Common Area or any improvements thereto, including, without limitation, with respect to access to the Property via gated entranceways and use and operation of the Community Facilities; and (ii) supplementing the use restrictions contained in Article 9 or any other restrictions or provisions contained in this Declaration; (d) monitor and enforce compliance with the age restrictions contained in Article 8 hereof and adopt reasonable rules and regulations (including fines) with respect thereto; (e) maintain such policy or policies of insurance, including, but not limited, to those described in Article 16, at all times as the Board of Directors deems necessary or desirable in furthering the purposes of and protecting the interests of the Association and its Members, officers and directors; (f) employ a manager or other persons and contract with independent contractors, managing agents, collection agents and others to perform and effectuate all or any part of the duties and powers of the Association, if deemed necessary by the Board of Directors; (g) enforce any easements or restrictions which may be set forth herein; (h) establish such reserves as may be required hereunder or as the Board of Directors shall from time to time deem necessary to fulfill and further the purposes of the Association; and (i) exercise any other right or powers given to the Association under this Declaration or under the Illinois Not- for - Profit Corporation Act. SECTION 4.2. Maintenance of Common Area. The Association shall maintain, repair, and replace, all to the extent deemed by the Board of Directors to be beneficial and convenient, Common Area, together with such other areas, if any, for which the Association has or assumes responsibility pursuant to the terms of this Declaration or any supplement or amendment hereto, which shall include, but need not be limited to, the following: (a) Common Area and its elements, including but not limited to grass, trees, shrubs, plantings, and other landscaping located within Common Area, and lighting, gazebos and other structures and improvements located within or upon Common Area; (b) detention ponds, swales and wetlands recharge areas located on Common Area within the Property, together with any improvements thereto. (c) private streets for vehicular use and access not dedicated to the City and located on Common Area within the Property, together with any improvements thereto; (d) pathways designed to accommodate bicycle and pedestrian traffic and installed by the Declarant, whether located on Common Area or within public rights -of- way within or abutting the Property, but expressly excluding any such pathways located on City Property; (c) fences installed by the Declarant or by the Association on Common Area. (f) gatehouses and other secure entry points into the Property located on Common Area; (g) the Community Facilities and all fixtures and all furniture, equipment and other personal property owned or leased by the Association located therein; (h) entryway signs and /or monuments identifying any portion of The Traditions at Fitchie Creek development, whether located on Common Area or within public rights -of -way within or abutting the Property; (i) landscaping located in the islands and/or eyebrows of cul -de -sacs within the development, whether located on Common Area or within public rights -of -way within the Property; and (j) landscaping located within public rights -of -way within or abutting the Property, but expressly excluding maintenance and replacement of any and all trees located within such rights -of -way, which trees shall be maintained by the City. SECTION 4.3. Maintenance of Lots. The Association shall provide (i) grass cutting and maintenance of trees, shrubs, flowers, grass and all other landscaping on Lots installed by the Declarant and (ii) snow removal from driveways and service walks. The Association shall have no responsibility to (i) maintain any landscaping installed by an Owner and not by the Declarant or (ii) provide watering of grass and other landscaping on the Lots, which shall be furnished by the Owners and/or residents pursuant to rules, regulations and procedures adopted from time to time by the Board of Directors. The Association shall not be required to provide any such maintenance services to a Lot that is totally or partially obstructed with temporary or permanent improvements, personal property or other obstructions that make it difficulty or impractical for the Association, its agents or contractors to furnish such services, and the Owner of any such Lot shall be obligated to provide similar services for the care and maintenance of his Lot at his sole cost and expense. The Association, acting through the Board of Directors, shall provide such maintenance services to the extent it deems beneficial or desirable and may add to or delete from the services set forth in this Section 4.3. SECTION 4.4. Watering. The Association shall have the right, but shall not be required, to water any grass, landscaping and plant materials located on Common Area any Dedicated Rights -of -Way. All other watering on any Lot shall be provided by the Owner thereof. SECTION 4.5. No Maintenance of City Propert y. City Property shall be owned and maintained by the City. The Association shall have no responsibilities relative to the City Property once the City Property is conveyed to the City by dedication and/or deed, subject to the provisions of this Declaration. SECTION 4.6. Failure of Association to Maintain, Repair or Replace. In the event the Association fails to maintain, repair or replace Common Area and any improvements thereto or any improvements located within public rights -of -way within or abutting the Property that are the responsibility of the Association to maintain, the City may (but shall not be required to) effect such maintenance, repairs or replacements and the City shall be entitled to reimbursement in full from the Lot Owners for its costs, including reasonable attorneys' fees, incurred in connection therewith. ARTICLE 5. COVENANT FOR ASSESSMENTS SECTION 5.1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed therefor or possession thereof (whether or not it shall be so expressed in any such deed or other conveyance), is deemed personally and individually to covenant and agree to pay to the Association the Assessments authorized under this Declaration. In addition, Declarant hereby covenants and agrees for each Lot owned by Declarant within the Property to pay to the Association the Assessments authorized under this Declaration, subject to the provisions set forth in Sections 5.8 and 5.9. All such Assessments shall be fixed, established and collected from time to time as provided in this Declaration. The Assessments, together with interest thereon, attorneys' fees and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment (and deficiency contributions, in the case of Declarant), together with such interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment falls due. This personal obligation shall pass to each Owner's successors in title accepting a deed to or assignment of beneficial interest in any trust holding title to an Owner's Lot. SECTION 5.2. Base Annual Assessments. The Association is authorized to levy Base Annual Assessments equally against all Lots subject to assessment, which shall be paid by the Owners of all Lots within the Property, to fund common expenses for the general benefit of all Owners. Base Annual Assessments shall be used for the following purposes: (a) maintenance, repair, replacement and improvement of Common Area, and all landscaping or other improvements thereon, including without limitation, detention ponds, private streets, gatehouses and the Community Facilities; (b) maintenance, repair and replacement of any landscaping located within Dedicated Rights -of -Way that are the responsibility of the Association to maintain under the terms of this Declaration; (c) maintenance of Lots, as provided in Section 4.3 hereof; (d) maintenance, repair and replacement of any landscaping located within Dedicated Rights -of -Way that are the responsibility of the City to maintain, to the extent such landscaping is not maintained, repaired or replaced by the City; (e) payment of premiums on insurance maintained by the Association pursuant to this Declaration; (f) to provide funds for the Association to carry on its duties or exercise its rights set forth herein or in its Articles of Incorporation or By -Laws or in the Illinois Not - For- Profit Corporation Act. SECTION 5.3. Special Assessments. The Association is authorized to levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted, for the following purposes: (a) defraying in full or in part the cost of any construction, reconstruction, repair or replacement of any improvement on Common Area or any improvements which are the responsibility of the Association, including the necessary fixtures, personal property or landscaping located on or related to Common Area, and all landscaping or other improvements thereon; and (b) defraying in full or in part the cost of, and providing of funds to the Association, for carrying on any of its duties set forth in this Declaration or in its Articles of Incorporation or By -Laws or the Illinois Not - For - Profit Corporation Act. Any Special Assessments shall have the assent of a majority of the votes of the Members that are subject to such Special Assessment voting in person or by proxy at a meeting duly called for such purpose, at which a quorum is present, written notice of which shall be sent to all such Members not less than five (S) days nor more than 40 days in advance of the meeting, setting forth the purpose of the meeting. Unless the Special Assessment specifies that it shall be applicable to a specified number of years, it shall be applicable only to the year enacted. In the event a Special Assessment is to be levied on less than all of the Lots located within the Property, such Special Assessment may, by the action described herein, be levied against only those Lots which benefit by such Special Assessment, in proportion to their benefit, and not against the other Lots in the Property. SECTION 5.4. Capital Contributions. The Association is authorized to levy Capital Contributions against all Lots as provided herein. At the time of the initial sale of each Lot from Declarant to any Owner, such Owner shall pay to the Association a Capital Contribution, which shall be a sum equal to six (6) monthly payments of the Base Annual Assessment then in effect. The Capital Contributions shall be used by the Association to cover operating expenses and other expenses incurred by the Association pursuant to this Declaration and the By -Laws. The Capital Contributions for any Lot shall be levied only' upon the sale by Declarant to an Owner and shall not be levied on any subsequent sales of the Lot. SECTION 5.5. Basis for and Maximum Amount of Base Annual Assessments. Until the maximum. Base Annual Assessment shall be $ (a) From and after , the maximum Base Annual Assessment may be increased effective January lst of each year by the Board of Directors of the Association (at any meeting of the Board of Directors duly convened at least 30 days prior to said January effective date) without a vote of the membership, provided that any such increase shall not be greater than a 10 percent increase over the maximum Assessment permitted for the year immediately preceding for such type of Assessment. (b) From and after , the Base Annual Assessment may be increased for any year by the Board of Directors of the Association at any time, over the maximum Base Annual Assessment permitted for the year immediately preceding, without the vote of the membership, if the same is necessary to pay the costs of (i) any increases in real estate taxes for Common Area over the prior year; or (ii) any increases in the maintenance of Common Area or any improvements thereon over the prior year; or (iii) any increases in premiums for insurance procured by the Association over the prior year. (a) From and after , the maximum Base Annual Assessment may be increased for the coming assessment year only for all succeeding assessment years effective January 1st of each year by the Board of Directors at any meeting of the Board of Directors (duly convened at least 30 days prior to said January V effective date) in an amount greater than provided in subsections (a) or (b) hereof for the coming assessment year, provided that any such change shall have the assent of the majority of the votes of the Members that pays such Assessment voting in person or by proxy, at a meeting duly called for such purpose, at which a quorum is present, written notice of which will be sent to all Members that pay such Assessments not less than five (5) day's nor more than 40 days in advance of the meeting, setting forth the purpose of the meeting. (b) After consideration of future needs and expected expenditures of the Association, the Board of Directors may fix either type of Assessment in lesser amounts than the maximum Assessments permitted or may, in its discretion, require no Assessment of either type whatsoever for any year, but such action shall not limit or prohibit the Board of Directors from fixing such Assessments for any year(s) following on the basis of increases in the maximum Assessments permitted hereunder rather than the assessments so fixed. SECTION 5.6. Reasonable Reserves. The Association shall establish and maintain from Base Annual Assessments collected hereunderreasonable reserves for the costs of the maintenance, repair and replacement of those items which are the responsibility of the Association. The Association may' establish and maintain such other reasonable reserves as the Board of Directors deems necessary and convenient which are consistent with the powers and duties of the Association. SECTION 5.7. Uniform Rate of Assessment. Base Annual Assessments must be fixed at a uniform rate for all Lots subject thereto. Base Annual Assessments may be collected on a quarterly basis or such other periodic basis as set by the Board of Directors. SECTION 5.8. Assessment for Lots Owned by Declarant Notwithstanding the foregoing provisions, Base Annual Assessments and Special Assessments for any Lots while (i) owned by Declarant and improved with a completed residence, but unoccupied by any tenant of Declarant, or (ii) owned by any party but occupied by Declarant and used as a model or a sale office, shall be limited to 25 percent of the amounts fixed with respect to such type of Lots owned by Owners other than Declarant. Prior to the completion of a residence on any Lot, (which shall mean the issuance of a certificate of occupancy therefor by the City), such Lot shall be exempt from payment of any and all Assessments. SECTION 5.9. Deficiency Contributions. For every calendar year during which Declarant remains a Class B Member of the Association, Declarant shall contribute to the Association all funds in excess of the budgeted and collected Assessments which shall be necessary to defray the costs properly paid or incurred by it for the purposes for which Base Annual Assessments may be collected, all without limitation to the maximum amounts provided under Section 5.5 hereof. Declarant's contribution for the calendar year during which Declarant's Class B membership terminates shall be prorated to the date of such termination. For purposes hereof, the establishment of reserves pursuant to Section 5.6 does not constitute the payment or incurring of costs by the Association and Declarant's deficiency contribution shall not be required to be applied to the establishment of reserves. SECTION 5.10. Date of Commencement of Annual Assessments; Due Dates. Base Annual Assessments provided for herein shall commence for any Lot within the Property, or any land annexed to the Property, on the day of the conveyance of the first Lot of such type in the Property and shall be prorated for the month of said conveyance. The Board of Directors shall fix the amount of such Assessments at least 30 days in advance of each annual Assessment period, and in lieu thereof, the amount of each type of such Assessment for the prior year shall be the fixed amount. Written notice of any changed amount of such Assessments shall be sent to every Owner subject thereto, but failure to do so shall not invalidate the changed Assessments. Base Annual Assessments shall he payable in quarterly installment or such other periodic basis set by the Board of Directors. SECTION 5.11. Certificate of Payment. The Association shall, upon demand, furnish to any Owner liable for said Assessments, a certificate in writing signed by an officer of the Association, setting forth whether the Assessments on a specified Lot have been paid and the amount of the delinquency, if any. A reasonable charge may be made by the Board of Directors for the issuance of such certificates. Such certificates shall be conclusive evidence that any Assessment therein stated to have been paid has in fact been paid. No charge shall he made for issuing from time to time said certificates to Declarant on Lots then owned by Declarant. SECTION 5.12. Delinquency in Payment of Assessments. Any Assessment provided for in this Declaration which is not paid when due, shall he delinquent. With respect to each Assessment not paid within 15 days after its due date, the Association may, at its election, require the Owner to pay a "late charge" in a sum to be determined by the Association and applied uniformly. If any such Assessment is not paid within 30 days after the delinquency date, the Assessment shall bear interest from the date of delinquency at the highest rate permitted by Illinois law, and the Association may, at its option, bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien (provided for in Section 5.1 hereof) against the Lot, and there shall be added to the amount of such Assessment the late charge, the costs of preparing and filing a Complaint in such action and reasonable attorneys' fees, and in the event a judgment is obtained, such judgment shall include all Assessments accrued from date of suit to judgment, increased by such late charges, costs and fees, plus interest. Each Owner vests in the Association or its assigns, the right and power to bring all actions at law or lien foreclosures against such Owner for the collection of such delinquent assessments SECTION 5.13. Suspension of Voting Rights Due to Unpaid Assessments. The Association is authorized to suspend the voting rights of an Owner for any' period during which any Assessment against such Owner's Lot remains unpaid and delinquent, and for a period not to exceed 30 days for any single infraction of the published rules and regulations of the Association, provided that any suspension of such voting rights, except for failure to pay Assessments, shall be made only by the Association or a duly appointed committee thereof, after notice and hearing given and held in accordance with the By -Laws or rules and regulations of the Association. The foregoing shall not apply to unfunded deficiency contributions of the Declarant under Section 59. SECTION 5.14. Waiver of Use. No Member may exempt himself from personal liability for Assessments duly levied by' the Association nor release the Lot owned by him from the liens and charges hereof, by waiver of the use and enjoyment of Common Area or by abandonment of his Lot. 1 i SECTION 5.15. Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage or trust deed. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to the foreclosure of a mortgage or trust deed or any proceeding or deed in lieu thereof shall extinguish the lien of such Assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE 6. PROPERTY RIGHTS SECTION 6.1. Members' Easements over Common Area. Every Member shall have a right and easement for ingress and egress over and across, and for use of and enjoyment in and to, Common Area and the improvements thereon, and such easements shall be appurtenant to and shall pass with the title to every Lot. Reference in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and covenants herein . described shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees or trustees of said parcels as fully and completely as though said easements and covenants were fully recited and set forth in their entirety in such documents. Said right of easement for ingress and egress over and across, and of enjoyment in and to, Common Area and improvements located thereon shall be subject to the following provisions: (a) The right of the Association, in accordance with its Articles of incorporation and By -Laws, to borrow money for the purposes of improving or reconstructing Common Area and improvements thereto and in aid thereof to mortgage said Common Area (or a portion thereof). (b) The right of the Association to declare or grant easements and licenses and to dedicate or transfer all or any part of Common Area to any public agency, authority, or public or private utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument has been recorded, signed by the Association and authorized by the assent of at least 67 percent or more of the votes of each class of Members present in person or by proxy and entitled to vote at a meeting duly called for such purpose at which a quorum is present, written notice of which is mailed to all Members not less than five (5) days nor more than 40 days in advance of the meeting, setting forth the purposes of the meeting. (c) The right of the Association to establish uniform rules and regulations (including fines) pertaining to the use of Common Area; provided, however, that the Association shall not limit or prohibit the public use of pathways located within the Property. 1 it (d) The right of the Association to suspend an Owner's right to use any improvements located within Common Area, including without limitation the Community Facilities (i) for any period during which any charge against such Owner's Lot remains delinquent; and (ii) for a period not to exceed 30 days for a single violation or for a longer period in the case of any continuing violation, of this Declaration or the rules and regulations of the Association after written notice thereof. (e) The right of Declarant and its designees (and their respective sales agents and representatives) to (1) non- exclusive use of Common Area (as may be amended by annexation from time to time) in connection with the sale of residential units within the Property (including any of the Additional Land annexed thereto); and (2) the use of any improved residence on any of the Lots as a sales office until the last Lot within the Property is improved with a residence and conveyed to a third party purchaser. (f) Such other rights as are reserved or created by this Declaration. SECTION 6.2. Delegation of Use. Any Member may delegate in accordance with the By -Laws of the Association, such Member's right of enjoyment to Common Area and the improvements located thereon to the members of his family, and the occupants residing on such Member's Lot. SECTION 6.3. Association's Access to Lots. The Association and its respective agents, employees and independent contractors shall have the right and license to enter upon any Lot to the extent necessary to exercise any right or responsibility of the Association as set forth in this Declaration, as to the Lot or the dwelling unit or other improvements situated thereon, or to the extent necessary to enforce any covenants or restrictions set forth herein and shall not be guilty of trespass. SECTION 6.4. Title to Common Area. Declarant covenants for itself, its successors and assigns, that it will convey or cause to be conveyed fee simple title to Common Area to the Association within 30 days after the date of this Declaration, subject to: (a) Covenants, conditions and restrictions then of record; (b) The terms of this Declaration; (c) Zoning ordinances, development agreements and annexation agreements of record; (d) Current real estate taxes, not yet due and payable (for which Declarant shall pay or make arrangements to pay its pro rata share); (e) Utility easements granted or to be granted for sewer, water, gas, electricity, telephone, cable television and any other necessary utilities; (f) Reservation of easement for ingress and egress; and (g) Easements granted or to be granted for the construction, maintenance, repair and use of improvements to be located on Common Area. When lands annexed from time to time, pursuant to Article 11 of this Declaration, contain land to be designated as Common Area, said Common Area shall similarly be conveyed by Declarant or the legal title holder thereof to the Association prior to the conveyance by Declarant or such legal title holder to an Owner of the first Lot in the lands then annexed. ARTICLE 7. EASEMENTS SECTION 7.1. Utility Easements. Declarant hereby reserves unto itself, its successors, assigns and designees, the right (i) to create, declare and grant over, above, under and across Common Area or the Lots, at any time before or after conveyance, non - exclusive perpetual utility easements and (ii) to utilize any easement created by any Plat of Subdivision or other instruments, for the installation, construction, improvement or removal or reconstruction, replacement, substitution, and maintenance of sewer (storm and sanitary), water, gas, electricity, cable television, telephone and any other utilities as may be necessary in Declarant's sole judgment to develop, service and maintain the Property. The aforesaid easements shall include reasonable rights of ingress and egress. Furthermore, Declarant hereby declares and reserves for the benefit of all Owners, the Association, and the various public utility companies a non- exclusive public utility easement over, above and under Common Area, and those portions of Lots on which no homes are constructed, for the installation, construction, improvement, removal, reconstruction, replacement and substitution of underground service lines, wires, cables, conduits, terminals, manholes and other fixtures as the beneficiaries of the easement may from time to time require for any sewer (storm and sanitary), water, gas, electricity, cable television, telephone and other utilities which may serve the homes constructed on the Property, or other adjacent properties. It shall be the obligation of any party exercising the easement to restore any areas disturbed by the exercise of the easement in the manner and to the extent set forth in the provisions contained in the Plats of Subdivision for the Property relating to the exercise of easements. SECTION 7.2. Ownership of Utility Lines. Dec]arant shall initially own all storm sewers, sanitary sewers, and water lines when situated in, over, under, along or across Common Area or easement areas designated for the installation and maintenance of such lines to the extent the same are not initially dedicated to the City, Kane County, any public utility or any governmental or quasi - governmental authority, and Declarant shall have the right (but not the obligation) of maintenance, replacement, repair or removal thereof and reasonable access thereto. Declarant may transfer title to said storm sewers, sanitary sewers and water lines and Declarant's rights of maintenance, replacement, repair and removal thereof to any assignee deemed beneficial or appropriate by Declarant (including the Association, the City, Kane County, any public utility, or any governmental or quasi - governmental authority), which transfer and assignment shall be effectuated by a bill of sale or other appropriate writing. In the absence of such a transfer prior to the completion of the sale of all of the Lots by Declarant to Owners purchasing the same, the transfer shall be deemed to have been made to the Association upon the closing of the sale of the last Lot to an Owner, without further action or documentation. SECTION 7.3. Reservation of Easements for Declarant's Benefit. Anything contained in this Declaration to the contrary notwithstanding, Declarant hereby reserves for itself, its agents, employees, contractors, sub - contractors, workmen, materialmen, invitees and any successor builders an easement under, over and across Common Area for the purposes of constructing, completing, repairing, maintaining, inspecting, exhibiting and selling any Lots or dwelling units then owned by Declarant or any such successor builders. SECTION 7.4. Easements for Installation, Maintenance and Repair of Common Area. Declarant hereby reserves unto itself, its successors, assigns, and designees, and to the Association, the right and easement to come onto the Lots or Common Area for purposes of building, installing, maintaining, repairing, replacing and improving Common Area and any improvement located thereon or within public right -of -ways within or abutting the Property. SECTION 7.5. Easement for Maintenance of Landscaping on Lots . Declarant hereby reserves unto itself, the Association and their respective successors, assigns and designees an easement over each Lot within the Property for the provision of maintenance care services as provided under Section 4.3 hereof. The aforesaid easement shall include reasonable rights for ingress and egress and shall be perpetual. SECTION 7.6. Easement for Access to City Propert y. Declarant hereby declares and reserves for the benefit of the City, its officers, employees, agents and contractors, an easement and right of ingress and egress, over, upon and across any and all portions of Common Area within the Property to the extent reasonably necessary for access to the City Property or any portion thereof for purposes of inspecting, maintaining, repairing and replacing all or any portion of the City Property. SECTION 7.7. Easement Over Pathways. Declarant hereby declares and reserves for the benefit of all Owners and their guests and invitees an easement and right of ingress and egress, over, upon and across any pathways located on any portion of Common Area within the Property. The Association shall have the right to adopt reasonable rules and regulations governing and limiting the right and easement granted hereunder, subject to approval by the City. There is also declared and reserved for the benefit of the public an easement and right of ingress and egress over, upon and across such portions of any pathways located on any portion of Common Area as are to be usable by the public and maintained by the City, as designated on the Plat of Subdivision. Motor vehicles are prohibited on such pathways without prior written approval of Declarant or the Association. 7S SECTION 7.8. Rights to Reserve or Grant Specific Easements for Lots and Common Area. Declarant shall have the right to grant or reserve particular specific non - exclusive easements on any portion of any Lot (except portions occupied by dwellings) or on Common Area for the installation, maintenance and repair of improvements to the Lots or Common Area by Declarant, its successors, assigns or designees or by the Association. Such easements may be created over Lots after such Lots are conveyed to Owners only if(i) such areas are designated as such by a Plat of Subdivision, a deed, a declaration of easement or a grant of easement executed and recorded by Declarant with the Recorder of Deeds of Kane County, Illinois, (ii) construction of such improvement has commenced prior to conveyance of such Lot or Common Area, or (iii) such easement is necessary to correct errors in engineering plans. Such easements may be created over Common Area at any time, even after it has been conveyed to the Association.. Failure to so grant or reserve any particular specific casement as provided herein shall not invalidate or adversely affect the easements reserved under Section 7.4. SECTION 7.9. Power Coupled with an Interest. In furtherance of Declarant's rights to create easements pursuant to Section 7.8 above, a power coupled with an interest is hereby reserved to Declarant, as attorney -in -fact of the Association and of the Owners of all Lots within the Property, to grant or reserve such easements, and the giving of any deed, mortgage, or other instrument with respect to Common Area or any Lot, and acceptance thereof, shall be deemed a grant and acknowledgment of and a consent to such power of said attorney -in -fact. ARTICLE 8. AGE RESTRICTIONS SECTION 8.1. General. The Lots within the Property are intended for the housing of persons 55 years of age or older under the Fair Housing Amendments Act of 1988 and the Illinois Fair Housing Act (collectively, the "Fair Housing Acts "). Except as provided in Section 8.2 below, at least one (1) occupant of each occupied residence on a Lot must be 55 years of age or older, and no person under 18 years of age shall occupy or reside in a residence on a Lot. The provisions of this Article are intended to be consistent with, and are set forth in order to comply with, the Fair Housing Acts regarding discrimination based on familial status. Declarant, so long as it is a Class B Member, or thereafter the Association, acting through its Board of Directors, shall have the power to amend this Article, without the consent of the Members, for the purpose of making this Article consistent with the Fair Housing Acts, as it may be amended, the regulations adopted pursuant thereto, and any judicial decisions arising thereunder or otherwise relating thereto, in order to maintain the intent and enforceability of this Article. SECTION 8.2. Restrictions on Occupancy. (a) Except as may otherwise be permitted pursuant to Section 8.2(d), each occupied Lot shall at all times have as a permanent occupant at least one person who is 55 years of age or older (the "Qualifying Occupant "), except that in the event of the death of a person who was the sole Qualifying Occupant of a Lot, the spouse of such Qualifying Occupant may continue to occupy the Lot provided that the provisions of the Fair Housing Acts, the regulations adopted thereunder, and the terms and 1r, conditions of this Declaration are not violated by such occupancy. For purposes of this Section 8.2, an occupant shall not be considered a "permanent occupant" unless such occupant considers the Lot to be his or her legal residence and actually resides in the dwelling on the Lot for at least six (6) months during every calendar year or such shorter period as the dwelling is actually occupied by any person. (b) No Lot shall be occupied by any person under the age of 18. For purposes of this Section 8.2, a Lot shall be deemed to be "occupied" by any person who stays overnight in the dwelling on the Lot more than 21 days in any 60 -day period or more than 30 days in any 12 -month period. (c) Nothing in this Article 8 is intended to restrict the ownership of or transfer of title to any Lot; however, no Owner may occupy the Lot unless the requirements of this Article 8 are met, nor shall any Owner permit occupancy of the Lot in violation of this Article 8. Owners shall be responsible for (i) including a statement that the Lots within the Property are intended for the housing of persons 55 years of age or older, as set forth in Section 8.1 above, in conspicuous type in any lease or other occupancy agreement or contract of sale relating to such Owner's Lot, which agreements or contracts shall be in writing and signed by the tenant or purchaser, and (ii) clearly disclosing such intent to any prospective tenant, purchaser, or other potential occupant of the Lot. Every lease of a Lot shall provide that failure to comply with the requirements and restrictions of this Article 8 shall constitute a default under the lease. (d) Any Owner, in writing, may request that the Board of Directors make an exception to the requirements of this Section 8.2 with respect to his or her Lot. The Board of Directors may, but shall not be obligated to, grant exceptions in its sole discretion, provided that the requirements for exemption from the Act would still be met. SECTION 8.3. Change in Occupancy Notification. In the event of any change in occupancy of any Lot as a result of a transfer of title, a lease or sublease, a birth or death, change in marital status, vacancy, change in location of permanent residence, or otherwise, the Owner of the Lot shall immediately notify the Board of Directors in writing and provide to the Board of Directors the names and ages of all current occupants of the Lot and such other information as the Board of Directors may reasonably require to verify the age of each occupant. In the event that an Owner fails to notify the Board of Directors and provide all required information within 10 days after a change in occupancy occurs, the Association shall be authorized to levy monetary fines against the Owner and the Lot for each day after the change in occupancy occurs until the Association receives the required notice and information, regardless of whether the occupants continue to meet the requirements of this Article 8, in addition to all other remedies available to the Association under this Declaration and Illinois law. SECTION 8.4. Monitoring Compliance, Appointment of Attorney -in -Fact. " (a) The Association shall maintain age records on all occupants of Lots. The Board of Directors shall adopt and publish policies, procedures, and rules to monitor and maintain compliance with this Article 8, including policies regarding visitors, updating of age records, the granting of exemptions pursuant to Section 8.2(d), and enforcement. The Association shall periodically distribute such policies, procedures, and rules to Owners and make copies available to Owners, their tenants, and Mortgagees upon reasonable request. (b) The Association shall have the power and authority to enforce this Article 8 in any legal manner available, as the Board of Directors deems appropriate, including, without limitation, conducting a census of the occupants of the Lots, requiring copies of birth certificates, or other proof of age for each occupant of the Lot to be provided to the Board of Directors on a periodic basis, and taking action to evict the occupants of any Lot which is not in compliance with the requirements and restrictions of this Article 8. EACH OWNER HEREBY APPOINTS THE ASSOCIATION AS ITS ATTORNEY -IN -FACT FOR THE PURPOSE OF TAKING LEGAL ACTION TO DISPOSSESS, EVICT, OR OTHERWISE REMOVE THE OCCUPANTS OF HIS OR HER UNIT AS NECESSARY TO ENFORCE COMPLIANCE WITH THIS ARTICLE 8. Each Owner shall fully and truthfully respond to any and all requests by the Association for information regarding the occupancy of his or her Lot that, in the judgment of the Board of Directors, are reasonably necessary to monitor compliance with this Article 8. The City shall also have the same power and authority (but not the obligation) to enforce this Article 8. (c) Each Owner shall be responsible for ensuring compliance of its Lot with the requirements and restrictions of this Article and the rules of the Association adopted hereunder by itself and by its tenants and other occupants of its Lot. EACH OWNER, BY ACCEPTANCE OF TITLE TO A LOT, AGREES TO INDEMNIFY, DEFEND, AND HOLD THE ASSOCIATION AND /OR THE CITY HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, AND CAUSES OF ACTION THAT MAY ARISE FROM FAILURE OF SUCH OWNER'S LOT TO SO COMPLY. (d) Notwithstanding anything to the contrary in this Declaration, any proposed amendments or revisions to Section 8.4 shall require the prior written approval of the City Council of the City of Elgin. Additionally, notwithstanding anything to the contrary in this Declaration, the provisions of Section 8.4 may also be enforced by the City of Elgin. 0 ARTICLE 9. USE RESTRICTIONS SECTION 9.1. Residential Use. The Property is hereby restricted to residential dwellings, and ancillary and accessory uses and buildings in connection therewith, subject to the provisions of Section 9.2 and except for model homes and sales offices which may be operated by Declarant or its designees during the construction or sales period. All buildings or structures erected on the Property shall be of new construction and no buildings or structures shall be moved from other locations to the Property and no subsequent buildings or strictures other than single - family detached homes shall be built on any Lot. No building or structure of a temporary character, trailer, tent, shack, garage, barn, or other outbuilding shall be placed on or used on any Lot at any time as a residence either temporarily or permanently. SECTION 9.2. Restrictions on Commercial Activities. No commercial activities of any kind shall be conducted in any building or in any portion of the Property; provided, however, that an Owner may operate a home -based business on his Lot, but only if (i) the existence or operation of the commercial activity is not apparent or detectable by sight, sound, or smell from outside the Owner's residence located on the Lot, (ii) the commercial activity is not prohibited by the ordinances or regulations of the City and is conducted in compliance with the City's zoning ordinances, (iii) no motor vehicle with business markings is stored or parked on the Lot, except within the garages, with the garage door shut during periods of storage, and (iv) the commercial activity does not, in the Board's reasonable judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles being parked in the Property which is noticeably greater than that which is typical of residences within the Property in which no such activity is being conducted. The foregoing restrictions shall not apply to the commercial activities of Declarant or its designees, or the use or operation of sales offices or model units on any Lots by Declarant or its designees during the construction and sales period or by the Association in furtherance of its powers and purposes set forth hereinafter and in its Articles of Incorporation, By -Laws and Rules and Regulations, as the same may be amended from time to time. SECTION 9.3. Prohibition of Commercial Vehicles Buses Trucks Limousines Boats Trailers and Recreational Vehicles on Lots. No commercial vehicles, buses, trucks (except pickup trucks that are used as a principal personal vehicle by the Owner), limousines, boats, trailers, or recreational vehicles shall be parked or stored on the Lots, except for those which are stored within a garage constructed on a Lot, with the garage door shut during periods of storage. SECTION 9.4. Garages; Storage of Cars. The Owner of any Lot shall keep the garage door of his residence shut at all times when it is not in use. No Owner shall park or store vehicles on public streets or on driveways within his Lot if there is capacity for storage of such vehicles in the garage on his Lot. No Owner shall utilize the space within his garage for purposes which adversely affect or limit the storage of vehicles therein to meet the designed capacity of such garage. SECTION 9.5. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot except for dogs, cats and other common animals kept as household pets, 19 but not for breeding purposes. The owner of any pet shall immediately remove any bodily waste deposited by its pet on any Lot, Common Area, parkways, cul -de -sac islands or dedicated streets. SECTION 9.6. Limitations on Signs. No "for sale" or "for rent' or brokers signs shall be erected, placed, or permitted in the yard of any Lot, and any such sign as may be located other than in the yard shall not be more than five (S) square feet. No advertising signs, billboards, or objects of unsightly appearance or nuisances shall be erected, placed or permitted to remain on any portion of any Lot. The foregoing restrictions shall not apply to the signs and billboards, if any, of Declarant or its designees. SECTION 9.7. Prohibition of Nuisances. No Lot shall be used in any way or for any purpose, which may endanger the health or unreasonably disturb the residents of the Property. SECTION 9.8. Prohibition of Clotheslines, Storage Sheds, Doghouses or Dog Runs. There shall be no clotheslines, service sheds, storage sheds, doghouses or dog runs (including so- called "invisible" dog runs) constructed or placed on any Lot within the Property. SECTION 9.9. Limitations on Fences. The Property shall be subject to restrictions with respect to fences as set forth on Exhibit D attached hereto. SECTION 9.10. Prohibition of Above Ground Swimming Pools. No above ground swimming pools shall be installed on any Lot within the Property. SECTION 9.11. Prohibition of Window Air Conditioners or Window Fans. No window air conditioners or window fans shall be placed in any home constructed on the Property. SECTION 9.12. Trash Removal. All rubbish, trash and garbage shall be regularly removed from the Property and shall not be allowed to accumulate thereon. Each Owner shall be responsible for trash removal from his Lot. There shall be no trash piles or storage piles on the Property. The foregoing restrictions on trash piles and storage piles shall not apply to the activities of Declarant, its designees and those working for or on behalf of Declarant during the construction and sales period. Al] rubbish, trash and garbage shall be stored within the garage on the rear of the Lot in trash cans with sealed lids. SECTION 9.13. Restrictions on Changes or Improvements; Prohibition of Changes of Exterior Colors. (a) No awnings shall be constructed or added to any home. Any other additions, changes or improvements to any home surfaces or any part thereof (including roofs, siding, doors, storm doors, windows or trim), the placement of any patios or decks on the Lot by any Owner other than Declarant or the planting of any trees, decorative shrubs or other permanent (as opposed to annual) landscaping or plant materials will be allowed only with the approval of the Appearance Control Committee, as provided under Article 10. The Committee shall have discretion to approve placement of decks that encroach upon rear yard setbacks as designated 1n on any Plat of Subdivision. All improvements which require a permit from the City will only be approved subject to the issuance of such permit. (b) No changes shall be made to the exterior colors provided by Declarant on the initial construction of any home. Any repainting or re- staining of any building or any part thereof on a Lot or the replacement of any building or any part thereof on a Lot shall be with the same colors as were provided by Declarant on initial construction. SECTION 9.14. Restrictions on Radio and TV Receiver Installations. The Board of Directors shall have discretion, to be exercised through the adoption of an appropriate rule or rules, to specify, limit or prohibit the type, size, color, number and /or placement of radio, television and other telecommunications receiver installations on any Lot within the Property and to enact regulations regarding such installations, all to the extent the Board of Directors deems beneficial and convenient; provided, however, that any such rule or rules adopted by the Board of Directors shall (i) be enforced against Owners in a non - discriminatory manner and (ii) comply with the terms and conditions of applicable federal, state or local laws, ordinances, rules or regulations, as same may be amended from time to time. Notwithstanding the foregoing, no such installations by any Owner shall be permitted upon any portion of Common Area without the prior written consent of the Association, which may be withheld in its discretion (to be exercised in accordance with applicable law as aforesaid). SECTION 9.15. Prohibition of Derricks, etc. No derrick or other structure designed for use in boring, mining, or quarrying for oil or natural gas, precious minerals, shall be erected, maintained or permitted upon any Lot in the Property, provided that nothing in this Declaration shall be construed to restrict a public utility from erecting, maintaining, and operating upon any Lot owned by it within the Property, a well, housing, and equipment for the purpose of extracting from the sub - surface and /or the treatment, storage and distribution of water through the system of such public utility. SECTION 9.16. Clearance of Utilities. The Owner of a Lot, and not the Association, shall be responsible for the clearance and relocation of any utilities that must be made in connection with the installation of any improvements by the Owner on his Lot. SECTION 9.17. Maintenance of Easement Areas. Easements for installation and maintenance of the utilities, sewer pipelines and facilities and drainage facilities over each of the Lots, and in Common Area, are reserved as shown on the recorded Plat of Subdivision or as created in accordance with this Declaration or any amendments hereof. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction in the flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. Sump pumps, gravity drains and other drains serving the residence constructed on any Lot shall not outfall or empty into grass swales between Lots, but only into a storm sewer, a storm water service line or an underground drain pipe connecting to a storm sewer included in the storm drainage system for the Property; 21 provided, however, that sump pumps, gravity drains and other drains serving Lots which are adjacent to a detention pond located with Common Area may outfall and empty through underground drain pipes directly into said adjacent detention pond at a level not higher than the normal pool elevation of such detention pond. All such easement areas located on a Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority, a private or public utility company or the Association is responsible. SECTION 9.18. Leases of Lots. Any Owner may lease his Lot, but no lease maybe for a period of less than 30 days. All leases must be made expressly subject to the terms of this Declaration. In the event any Owner leases his Lot, he shall at all times keep the Association advised in writing of the address of his own current residence and any changes thereto, and of the name(s) of his tenant(s). Notwithstanding the foregoing, Declarant and its successors and assigns shall have the right to rent any or all units located on Lots owned by Declarant. SECTION 9.1.9. Limitation on Number of Lots Owned by One Owner. No Owner may own more than three (3) Lots within the Property at any one time, except that this limitation shall not apply to Declarant or to a mortgagee who has foreclosed on a mortgage or who has accepted a deed in lieu of foreclosure with respect to Lots. SECTION 9.20. Right of Abatement, Correction or Removal. In addition to other rights and remedies that may be available to the Association, as provided in this Declaration, or as may otherwise be available to the Association, in the event any Owner shall violate or suffer on his Lot the violation of any of the Use Restrictions contained in this Article 9 or any rules or regulations adopted by the Association to supplement the Use Restrictions, as provided in Section 9.1, the authorized agents of the Association, upon an affirmative vote taken by the Board of Directors, may enter upon the Lot with no further notice than that provided by the recording of this Declaration, and may (but shall not be required to) abate, correct or remove such violation and the cost of such abatement, correction or removal shall be paid by the Owner, and if unpaid, shall constitute a lien against the Lot, enforceable in the manner provided in Sections 5.12 and 5.13 hereof. In such event, neither the Association, its Board of Directors, or the authorized agents of the Association shall be guilty of trespass or held liable for damages. ARTICLE 10. APPEARANCE CONTROL COMMITTEE SECTION 10.1. Creation of Appearance Control Committee. There is hereby created an Appearance Control Committee (the "Committee "), which shall consist of three (3) members designated and replaced from time to time by Declarant or by the Board of Directors as provided in this Section 10.1. Declarant is hereby authorized to designate and replace members of the Committee until such time as the last Lot of the Property is developed with a home and is sold to a third party purchaser, and said power and duty of Declarant to designate and replace members of the Committee shall cease at the time the last Lot of the Property is developed with a home and is sold to a third party purchaser. Thereafter, such powers and duties shall be vested in the Board of Directors of the Association or in a committee duly appointed by such Board of Directors. No member of the Committee, nor its designated representative, shall be entitled to any compensation for such services performed pursuant to this covenant. SECTION 10.2. Review and Approval of Plans. No (i) structure, improvement or addition (including, but not limited to, decks, patios, in- ground pools, and storm doors) or (ii) permanent (as opposed to annual) landscaping or plant materials (including vegetable gardens), shall be erected, placed or altered on any Lot within the Property (except as are installed or approved by Declarant in connection with the initial construction of the dwelling and other improvements on the Lot) until the building plans, specifications and plot plan showing the location and proposed erection, placement or alteration of any such structure, improvement or addition or a plan or description of any permanent landscaping or plant materials has been approved in writing by the Committee as to conformity of external design and harmony with existing structures or landscaping on the Property and as to location with respect to topography and finished ground elevation. The Committee may also take into account whether and to what extent any such structure, improvement or addition or any permanent landscaping of plant material proposed to be installed on a Lot will interfere with the delivery of maintenance services under Section 4.3 hereof. The Committee shall notify an applicant of such approval or disapproval of its action within 30 days after said building plans and specifications, plot plan or landscaping plan, description have been submitted to the Committee; or, in the event the Committee does not disapprove of the building plans, specifications and plot plan as submitted, within said 30 day period, and (i) no suit to enjoin the erection, placement or alteration of such structure, or other improvement or addition or such permanent landscaping or plant materials, or to require the removal thereof has been commenced prior to the completion thereof or (ii) no removal thereof has been undertaken by the authorized agents of the Association, as provided for herein, such approval will not be required, and this covenant shall be deemed to have been fully complied with. SECTION 10.3. Conformance to Annexation Agreement. All residential structured to be constructed on the Property shall be designed and constructed in conformance with the requirements of the planned unit development ordinances for the Property and with the building elevations incorporated into the Second Amendment to the Annexation Agreement for the Property. Additionally, notwithstanding anything to the contrary in the Declaration, such provisions regarding the design and construction of residential structures on the Property shall also be enforceable by the City of Elgin. SECTION 10.4. Enforcement. In the event any such structure, improvement, or addition or permanent landscaping or plant materials are erected, placed or altered on any Lot in violation of the provisions of this Article 10, the authorized agents of the Association, upon an affirmative vote taken by the Board of Directors, may enter onto such Lot with no further notice than that provided by the recording of this Declaration and may (but shall not be required to) remove the same and the costs of removal shall be paid by the Owner, and if unpaid, shall constitute a lien against the Lot as provided in Section 5.1 and shall give rise to the remedies available to the Association provided in Sections 5.12 and 5.13. In such event, neither the Association, its Board of Directors, or the authorized agents of the Association shall be guilty of trespass or held liable for damages. In the event suit is filed or in the event the Association takes other actions to I2 enforce this Declaration with respect to such structure, improvement, addition or landscaping, including removal thereof by the authorized agents of the Association, the Owner shall be responsible for attorneys' fees and costs incurred by the Association, as provided in Section 17.1 hereof. The City shall also have the power and authority (but not the obligation) to enforce this Article 10. ARTICLE 11. OWNER'S OBLIGATION TO MAINTAIN SECTION 11.1. Covenant to Maintain. Each Owner, his heirs, successors and assigns, hereby covenants and agrees at all times to maintain his Lot, and the residence constructed thereon, in a neat and proper condition and to perform all necessary repairs thereto, to the extent not provided for by the Association pursuant to this Declaration. The foregoing shall include the duty of each Owner to water the landscaping on such Owner's Lot, as provided in Section 4.4. The Owner of each Lot shall be solely responsible for all repair and replacement of lawn, plants, shrubs and other landscaping, which were damaged or died due to the failure of the Owner to adequately water his Lot. SECTION 1.1.2. Enforcement of Owner's Maintenance Obligations. If any Owner fails to perform his obligations hereunder, the Association may, but shall not be required to, perform such obligations (including repair and replacement of landscaping and plant materials), and shall not thereby be deemed guilty of trespass. The Association shall be entitled to reimbursement in full from the Owner for its costs of every kind incurred in connection therewith, and any such expenditures incurred by the Association shall become the personal obligation of the Owner and a continuing lien on the Lot, recoverable with interest, costs and reasonable attorneys' fees in the same manner and to the same extent as provided under Section 5.1 and shall give rise to the remedies available to the Association provided in Sections 5.12 and 5.13. ARTICLE 12. ANNEXATION OF ADDITIONAL LAND SECTION 12.1. Annexation by Declarant. Declarant may, without the consent or approval of the Association, any Members or any Owners, annex to the Property all or part of the Additional Land legally described on Exhibit D, attached hereto and incorporated herein by this reference, or any real estate contiguous thereto or contiguous to the Property (collectively, the "Additional Land ") from time to time, by a written instrument signed by Declarant and recorded with the Office of the Recorder of Kane County, Illinois. Should Declarant develop land within the Additional Land within 10 years after the date of this Declaration, such portion of the Additional Land may be annexed to the Property and made subject to this Declaration without the assent of the Class A Members. Such Additional Land, or portions thereof, may be annexed in separate phases and shall be considered annexed to said Property and subjected to the provisions of this Declaration if within such 10 -year period Declarant executes and records an amendment or supplement to this Declaration with the Office of the Recorder of Kane County, Illinois, describing the portion to be aimexed to said Property and legally and specifically making said Additional Land, or portion thereof, subject to this Declaration. Any such Amendment or ?a Supplementary Declaration shall designate Lots and/or Common Area and shall also update Exhibit A hereto, if necessary. In improving or causing the improvement of any additional phases(s), Declarant shall keep the Property, subject to this Declaration, free of any liens or claims for liens for labor or materials provided in such improvements, pursuant to the Illinois mechanics' lien laws. SECTION 12.2. Annexation by the Members. Annexation of any additional real estate to the Property other than property within the Additional Land, shall require the recording with the Office of the Recorder of Kane County, Illinois of an instrument signed by the Association with the assent of not less than 67 percent of the votes of Members present in person or by written proxy at a meeting duly called for this purpose, at which a quorum is present, written notice of which shall be sent to all Members not less than five (S) days and not more than 40 days in advance of the meeting setting forth the purpose of the meeting. SECTION 12.3. Annexation Limited to Lots, Common Area, Open Space and City Pro pert . No real estate may be annexed to the Property other than real estate that will fall within the definition of "Lots" or "Common Area," as set forth in Article 1 hereof. ARTICLE 13. AVAILABILITY OF RECORDS Any Owner or first mortgagee of any Lot shall be entitled, upon reasonable request, to receive for inspection from the Association current copies of the Declaration, Articles of Incorporation, By -Laws, records and financial statements of the Association. Furthermore, any holder of a mortgage given on any Lot within the Property and any phases annexed thereto, shall be entitled to receive from the Association, without cost, a copy of the Association's financial statement, if any, and if any mortgagee shall so request in writing prior to the preparation of the annual financial statement of the Association, such financial statement shall be audited. ARTICLE 14. RIGHTS OF FIRST MORTGAGEES Upon written request, any first mortgagee of a Lot shall he entitled to and shall receive from the Association notices of any of the following as shall be requested: (a) Any condemnation loss or casualty loss which affects a material portion of the Property and any phases annexed thereto or the Lot on which its mortgage is held; (b) Delinquency of assessments, which remain uncured for a period of 60 days or more; (c) Any lapse, cancellation, or modification of any insurance policy or fidelity bond maintained by the Association; rok (d) Any restoration or repair of the Property and any phases annexed thereto after partial condemnation or damage; and (e) Any termination of the legal status of the Property and any phases annexed thereto. Any termination of legal status as provided in Subsection (e) above, shall require the consent of the holders of the mortgages on at least 51 percent of the Lots contained in the Property and any phases annexed thereto at the time thereof. ARTICLE 15. MUNICIPAL ORDINANCES PREVAIL None of the covenants, conditions, restrictions or provisions of this Declaration are intended to supersede or prevail over the ordinances of general applicability of the City, and in the event of any conflict, the applicable ordinances of the City shall supersede and prevail over the covenants, conditions, restrictions and provisions of this Declaration. However, no ordinance of the City controlling or regulating any act that is expressly limited, controlled or prohibited by the covenants of this Declaration shall operate to authorize or pen-nit such act. The Association shall comply with all City ordinances and shall seek all necessary approvals and permits from the City and other applicable governmental entities for activities it undertakes within Common Area and Lots. ARTICLE 16. INSURANCE SECTION 16.1. Casualty Insurance for Single Family Homes. Each Owner shall maintain at his own cost and expense such insurance coverage as he may desire with respect to (i) personal liability for acts and occurrences upon his Lot and within his dwelling unit, (ii) physical damage losses for personal property and the contents of his dwelling unit, (iii) physical damage losses for any improvements, additions or betterments installed either by a person or entity, (iv) physical damage loss for any improvements on a Lot, and (v) any special flood hazard insurance as may be required by the first mortgagee of any Lot. The Association shall have no responsibility to maintain such insurance. SECTION 16.2. Casualty Insurance for Common Area. The Association shall obtain and maintain a policy or policies of insurance with respect to the damage or destruction of Common Area, any improvements located thereon and to any other tangible assets of the Association, including coverage against damage or destruction by the perils of fire, lightning and those perils contained in an all risk form, and such other perils as the Board of Directors of the Association from time to time may determine should be included in such coverage, in an amount equal to 1.00 percent of the insurable replacement cost thereof, without depreciation and with an agreed amount provision. Such insurance shall name as the insured, and the proceeds thereof shall be payable to the Association, as trustee. The proceeds of such insurance shall be made available, as the Board of Directors of the Association shall reasonably determine, for the repair, 1) r reconstruction, and restoration of such portions of Common Area and other insured items subject to the rights of the first mortgagees. To the extent feasible, all such policies of insurance shall (i) provide that the insurance shall not be invalidated by the act or neglect of Declarant, the Association, its Board of Directors, its officers, any Owner or occupant, or any agent, employee, guest or invitee of any of them, and (ii) shall contain an endorsement that such policies shall not be canceled without at least 30 days' prior written notice to the Association, the Owners, and all first mortgagees of the Lots. SECTION 16.3. Liability Insurance Maintained by the Association. The Association shall obtain and maintain a policy or policies of comprehensive general liability insurance insuring on a claims -made basis the Association, its directors, officers, the Owners, and their agents and employees against claims for personal injury, including death and property damage, arising out of any occurrence in connection with the ownership, occupancy, use, supervision, operation, repair, maintenance or restoration of Common Area, any improvements located thereon and to any other tangible assets of the Association, or in connection with any act or omission of or on behalf of the Association, its Board of Directors, agents or employees within the Property. Such policies shall be in the amount of $1 million for bodily injury, including death, and property damage arising out of a single occurrence, and shall contain a provision that they may not be canceled without at least 30 days' prior written notice to the Association, the Owners, and the first mortgagees of the Lots. SECTION 16.4. Workmen's Compensation and Fidelity Insurance• Other Insurance. The Association shall obtain and maintain a policy or policies of insurance with reputable insurance carriers providing the following coverage: (a) Workers' compensation and employers' liability insurance in such form and in such amounts as may be necessary to comply with applicable laws; (b) Fidelity insurance or bonds in reasonable amounts for all officers and employees having fiscal responsibilities, naming the Association as obligee; and (c) Such other insurance in such limits and for such purpose as the Association may, from time to time, deem reasonable and appropriate. SECTION 16.5. Waiver of Subrogation. To the extent feasible, all policies of insurance obtained by the Association shall contain provisions that no act or omission of any named insured shall affect or limit the obligation of the insurance company to pay the amounts of any loss sustained. So long as the policies of insurance provided for herein shall state that a mutual release as provided for in this Section shall not affect the right of recovery thereunder, and further provide coverage for the matters for which the release herein is given, all named insureds and all parties claiming under them shall, and do by these presents, mutually release and discharge each other from all claims and liabilities arising from or caused by any hazard or source covered by any insurance procured by the Association, regardless of the cause of damage or loss. 17 SECTION 16.6. Insurance Premium Expense. The expense of insurance premiums paid by the Association under this Article shall be an expense of the Association to which the assessments collected by the Association from the Owners shall be applied. ARTICLE 17. GENERAL PROVISIONS SECTION 17.1. Enforcement. Declarant, the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by Declarant, the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Breach of any of the covenants shall not defeat or render invalid the lien of any mortgage or trust deed made in good faith and for value as to said Lots or property, or any parts thereof, but such provisions, restrictions or covenants shall be binding and effective against any owner of said property whose title thereto is acquired by foreclosure, trustee's sale or otherwise. The Association shall be entitled to recover from any Owner against which it initiates enforcement, reasonable attorneys' fees and costs expended by the Association in any enforcement proceedings, and any judgment obtained by the Association in any enforcement proceedings shall include such fees and costs. In addition, such fees and costs incurred by the Association against an Owner, whether or not proceedings are initiated, shall constitute a lien against his Lot which may be recovered in the manner provided in Section 5.12 hereof. SECTION 17.2. Severability. Invalidation of any one or more of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall . remain in full force and effect. SECTION 17.3. Covenants Run with the Land. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by Declarant, the Association, or the Owner of any Lot subject to this Declaration, and their respective legal representatives, heirs, successors, and assigns for a period of 20 years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of 10 years. SECTION 17.4. Amendment. This Declaration may be amended by an instrument signed by Owners comprising not less than 67 percent of the total votes collectively held by all classes of Members with the written consent of mortgagees holding at least 51 percent of the outstanding mortgages on the Property. Any amendment to Article 8, Article 10, or which otherwise affects the rights and obligations of the City as set forth in this Declaration must be consented to in advance, in writing by the City Council of the City. Any such amendment that has the effect of (i) terminating this Declaration or (ii) terminating the legal status of the Association shall require the written consent of mortgagees holding at least 67 percent of the outstanding mortgages on the Property and any phases annexed thereto. Notwithstanding the foregoing, in the event Declarant IN desires to amend this Declaration: (x) to correct a technical or typographical error or to clarify any provisions herein which are otherwise vague, (y) for the sole purpose of causing this Declaration to comply with rules, regulation or guidelines as may be required by either the Federal Housing Authority (FHA) or the Veterans Administration (VA) to enable the sales of Lots from the Property to qualify for the insurance by either such agency of end mortgage loans made to Owners of such Lots, or as may be required to conform to the published manuals or guidelines of any governmental, quasi - governmental or private agency engaged in the business of the purchase of mortgage loans, including, but not limited to Federal Home Loan Mortgage Corporation (FHLMC) and Federal National Mortgage Association (FNMA) for the purchase of mortgage loans made on Lots in the Property, or (z) for the sole purpose of causing this Declaration to comply with the requirements of any statutes, ordinances, laws or regulations applicable thereto, it may do so by an instrument signed by Declarant without the consent of Owners, mortgagees, FHA, or VA, but shall give notice of any such amendments to all Owners, the FHA, the VA, and all mortgagees of Lots who have requested the same in writing. The failure to give such notice shall not affect the validity or effectiveness of such amendment. Notwithstanding anything to the contrary contained herein, Declarant may amend this Declaration to annex the Additional Land to the Property and to ensure that the Declaration appropriately accommodates the annexation of the Additional Land, as provided in Section 12.1 hereof, without any consents, except as provided in Section 17.6. In furtherance of the foregoing, a power coupled with an interest is hereby reserved to Declarant, as attorney -in -fact to so amend the Declaration as provided in this Section 17.4, and each deed, mortgage or other instrument with respect to a Lot and acceptance thereof shall be deemed a grant and acknowledgment of and a consent to such power to said attorney -in -fact. Any amendment must be recorded with the Office of Recorder, Kane County, Illinois. SECTION 17.5. Quorum. Unless otherwise specified to the contrary in any provision of this Declaration, the presence of Members or of proxies entitled to cast 10 percent of the votes of each class of membership shall constitute a quorum for any meeting of the Members of the Association. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in the By -Laws of the Association and the required quorum at such subsequent meeting shall be 50 percent of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than 60days following the preceding meeting. SECTION 17.6. FHA/VA Approval. As long as there is a Class B Member, (i) annexation of Additional Land or (ii) amendment of this Declaration of Covenants, Conditions and Restrictions, except for amendments made pursuant to Section 17.4(x), (y) or (z) above, will require the prior approval of the FHA or VA. �Til IN WITNESS WHEREOF, the undersigned, being the Declarant herein has hereunto set its hand and seal on the date first written above. BURNSIDE CONSTRUCTION MANAGEMENT COMPANY By: Title: ATTEST: By: Title: STATE OF ILLINOIS } SS COUNTY OF K A N E ) I, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that as and as of and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as such and of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this _day of 2003. NOTARY PUBLIC INSTRUMENT PREPARED BY & MAIL, TO WHEN RECORDED: John E. Regan, Esq. Early, Collison, Tousey, Regan, Wlodek & Morrow 2400 Big Timber Road Suite 201A Elgin, IL 60123 in EXHIBIT A Legal Description of Property 31 By -Laws of The Traditions at Fitchie Creek Homeowners' Association (See Attached) 32 EXHIBIT C Legal Description of the Additional Land fences: EXHIBIT D Restrictions on Fences Lots within the Property shall be subject to the following restrictions with respect to (a) Lots through _, inclusive: there shall be no fences constructed, placed or installed on any such Lot. (b) Lots _ through , inclusive: Only "board -on- board" style wood fences meeting the design specifications on Schedule I attached hereto may be constructed, placed or installed on such Lots. (c) Lots _ through , inclusive: Only "wrought -iron" style aluminum fences meeting the design specifications on Schedule 2 attached hereto may be constructed, placed or installed on such Lots. 34