S-730 1 r Ordinance No. 5-730
AN ORDNANCE
ANNEXING CERTAIN TERRITORIES SnTUATED IN SECTONS 1 AND 2,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF, THE TI-IIiRD PRINCIPAL
MERIDIAN, ELGIN TOWNSHIP, KANE. COUNTY,. ILLINOIS, TO THE
CITY OF ELGIN, ILLINOIS.
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WHEREAS, a petition signed by all of the owners of record of the
territories hereinafter described has been filed with the City Cleric, and
no electors reside thereon, and
WHEREAS, said territories are not within the corporate limits of
any municipality and are contiguous to the City of Elgin, Illinois, and
! WHEREAS, said petition requests the annexation of such territories
to the City of Elgin, Plinois, and contains therein a statement under oath
that all of-the owners of record of all of the land within such territories
have joined in such petition, and no electors reside thereon, and
WHEREAS, said petition requests that said lands which lie in
Parcel No. 1 of said territories, as hereinafter described, be zoned as
"B-4" General Service District, and that the lands hereinafter described
as Parcel No. 2 be zoned as. "B-3" Service Business.District, all as set
forth in the Elgin Zoning Ordinance,(Chapter 21 of the City Code of Elgin,
Illinois) as amended, and
WHEREAS, said petition requests that the. City Council do
• authorize a Special Use for a Trailer Park on the territories hereinafter
described as Parcel No. 1, and
WHEREAS, the matter of zoning and the authorization of a Special
Use for a Trailer Park was referred to the Zoning Board of Appeals of
the City of Elgin to publish notice and conduct the necessary public hear-
ing, all as in the Statute and.in the Ordinances of the-City•of Elgin made
and provided, and
• WHEREAS, the Zoning Board.of Appeals of the City of Elgin has
. duly advertised and held a public hearing pertaining to the zoning of said
property and the authorization of a Special Use as a Trailer Park thereon,
. and has prepared and transmitted its written report and recommendations
to the Council of the City of Elgin as provided by the Elgin Zoning .
Ordinance, as amended, and
WHEREAS, the Plan Commission for the City of Elgin has duly
considered the application for a Special Use as a Trailer Park, and,did
prepare and.forward to. the Zoning Board.of Appeals. and the City Council
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its written report and recork-imenr1.ations pertaining thereto, and
WHEREAS, the Council of the City of Elgin, after duly considering
t: _ application of the petitioner herein, and the re:,o::`s recommendations a w
of the Plan Commission of the City of Elgin and the Zo.,;.,g Board of A. -.eals
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of the City of Elgin, is of the opinion that such territories should be annex-
- ed to the City of Elgin and zoned as requested-by the petitioner, and that the
special use for operation of a Trailer Park on Parcel No.- l be duly authoriz-
ed by the Council of the City of Elgin.
NOW,. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ELGIN, ILLINOIS: •
Section 1. That the territories and lands described as follows, to-
wit: • - - -
Parcel 1: That part of the Southeast quarter of Section 2, -
. • Township 41 North, Range 8 East of the Third Principal
Meridian described as follows: Commencing at the-North- •
east corner of said Section 2; thence South along the East
line of said Section 2, 421. 54 feet to the Southerly line of
Parcel No. N-4D-65. 3 acquired by the :. ir_o s State Toll
Highway Commission through proceedings filed in the
Circuit Court of Kane County, Illinois as Case No.-57-305
"I►s for the point of beginning; thence Westerly along the Souther-
[ ly line of said Parcel No. N-4D-65. 3, 537. 2'r;"jeet;-thence
South parallel with the East line of said Section 2, 2577. 5 • •
feet to the Northerly bank of Fox River; thence Easterly
along said Northerly bank to the East line of said Section; -
thence North along said East line, 2450. 5 feet to the point --
of beginning. ALSO that part of Section 1, Township 41 -
North, Range 8 East of the Third Principal Meridian des-
cribed as follows: Commencing at the Northwest corner of -
said Section 1; thence South along the West line of said • -
Section 1, 421. 54 feet to.the Southerly line of Parcel No.
N-4D-67. 2, being an easement acquired by the Illinois
State Toll Highway Commission through proceedings filed
in the Circuit Court of Kane County, Illinois, as Case No. '
57-344 for the point of beginning; thence Southerly along the -
West line of said- Section 1, 2450. 5 feet to the•Westerly • •
bank of Fox River; thence Northeasterly along ,Faid,Wester-
ly bank, 3903. 2 ft—.t (measured along a line mating an angle
of 42 degrees 40 minutes measured clockwise from the last
described course) to the SouthPr7.r line of said, Parcel No.
N-4D-67. 2; thence Westerly along.said Southerly line,
2661. 2 feet to the point of beginning. . EXCEPTING that part . •
conveyed to Northern Illinois Gas; Company. ALSO EXCEPT-
ING that part of said.Sections I and.2 described as follows:
. Commencing.at the Northeast corner of said-Section 2;
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ence SpL-t ha, • the-Eas t 1.•
..ne f said Sects :i. 2, 421. 54
feet to the Scut ..e::ly•line of-Parcel No. N-4J- L 5.3 as afore-
- said; thence Westerly along the Southerly line of said
Parcel No. N-4DW65. 3, a distance of 537. 21•• feet; thence
South_ara.l;e! with the East line of said Section 2, a
dfstan_ce of 82. 5 feet for the place of be- nn`..ng• thence -
ciontin_uing South ?.?ara.7_1e. with the East line of said Section
• 4, a distance of 700. 0 feet; thence E-sterly :ara?'el with •
the Southerly line of Parcel No. N-4D-65. 3 as a_`or.esa'd
parallel with the Southerly line of Parcel No. N-4D-67. 2
as aforesaid, ce 700. 0 feet; thence Northerly
Parallel with t..e ;line .... : .:c`.'. ..:.. .. as aforesaid, a
• distance of 700. 0 feet to the Southerly line of lance convey-
ed to Northern Ellin of s Gas Con-:.,any; thence- Westerly
i along said Southerly line a distance of 700.0 feet to the
place of beginning. Containing 112. 7 Acres more or less
and being sitn.ated in Elgin Township, Kane County, Illinois.
• . Parcel 2: That part of said Sections I and 2 described as
• follows: Commencing at the Northeast corner of said Sec- •
tion 2; thence South along the East line of said Section 2,
421. 54 feet to the Southerly line of Parcel No. N-4D-65. 3•
as aforesaid; thence Westerly along the Southerly line of
said Parcel No. N-4D-65. 3 a distance of 537. 23 feet;
thence South parallel with the East line of said Section 2 a •
distance of 52. 5 feet for the place of beginning; thence
continuing South parallel with the East line of said Section •
. 2 a distance of 700. 0 feet; thence Easterly parallel with the
Southerly line of Parcel No. N-4D-65. 3 as aforesaid. and .
- parallel with the Southerly line of Parcel No. N-4D-67. 2
as aforesaid a distance of 700. 0 feet; thence Northerly
parallel with the East line of Section 2 as aforesaid a
distance of 700. 0 feet to the Southerly line of land con-
veyed to Northern Illinois Gas. Company; thence Westerly
along said Southerly line a. distance of 700..0 feet to the
• place of beginning. Containing 11.3 Acres more or less
and being situated in Elgin Township, Kane County,
Illinois,
Together With •
That portion of the Fox River lying Northerly and_ Wester-
ly of the main channel of said Fox River and. Southerly of
the Northerly line of Parcel No. 1 extended.Easterly and
Easterly of the Westerly line of Parcel No. 1 extended
.Southerly, -
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hereby enlarged a exiei:rle,l to. the: ,:"e within the corporate boundaries
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rhereof the above described territories.
Section 2, That the territory hereir_befcre described as Parcel No.
1 be and it hereby is included in the "B-4" Genera.. Service District as set
• forth in the Elgin Zoning Ordinance (Chapter 21 cf the City Cede of Elgin.,
Illinois) as amended, and the territory here:before described as Parcel
No. 2 be and it hereby is included in the "3-3" Service Business District
as set forth in the Elgin Zoning Ordinance (Chapter 21 of the City Code of
Elgin, Illinois) as amended.
Section 3. That a Sr,ecia+ Use for the op•eratien and maintenance
of a Trailer Park and appurtenant structures be and it hereby is granted
for the territory hereirbefore described as Parcel No. 1, as set forth in
the Elgin Zoning Ordinance (Chanter 21 .of the City Code of Elgin, Illinois)
as amended, expressly subject, however, to the following conditions:
1. Said Trailer Park shall: be developed and maintained in .
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strict accordance with the conditions and representations
set forth in that certain "letter of intent" dated September
4, 1963, executed by Samuel R. Danca, and addressed to
the Council of the City of Elgin.
2. Said Trailer Park shall be developed in substantial
• compliance with the preliminary plot plan dated September
4, 1963, heretofore submitted to the City of Elgin and
identified by the said Samuel R. Danca and Placed on file
with the Department of Engineering and Inspection of the
City of Elgin. . .
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3. No permit shall be issued by the City of Elgin to main-
tain and operate a Trailer Park on any portion of the said " .
territory being hereby annexed to the City of Elgin, nor
shall any permit be issued by the Department of Engineering
and Inspection of the City of Elgin to construct any site
• ' " improvements on said tract until the following express
conditions have been met, to-wit:
• • (a) A final plot plan for each specific unit or portion
of such development shall be first approved by the
Council of L ie City of Elgin.
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(b) Said final plot plan shall include all contemplated
• site improvements, including but not limited to sur- .
faced streets with curbs and gutters, water distribu-
te" tion to each individual trialer site, sanitary sewer
connections to each individual trailer site, storm
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VOLJ:E XXVIIII. September 12, 1963 314
water drainage facilities, and street lighting, all to be
constructed in accordance with specifications and re-
rquirements approved by the City of Elgin.
(c) Said plans and specifications.for required site
improvements and the estimate of cost thereof shall
have been approved by the City Engineer for. the City
of Elgin.
(d) The developer has either filed with the City a
cash bond or a Trailer Park performance bond, with
corporate sureties approved by the Council, in the
full amount of the estimated cost of the required site
improvements, guaranteeing the construction of such
• improvements for the particular unit involved within
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a reasonable period of time.
Section 4. That a certified copy of this Ordinance, together with
an accurate map of the said annexed territories be filed with the Recorder
of Deeds of Kane County, Illinois.
Section 5. That this ordinance shall be in full force and effect
from and after its passage as provided by law, and shall be published
in pamphlet form by authority of the City Council. •
Clyde L. Shales, Mayor
Presented: September 12, 1963
Pissed: September 12, 1963
• Vote: Yeas 4 Nays 1 •
:Recorded: September 12, 1963 •
Published: September 12, 1963
Attest:
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Myrtle E. Spiegler, .City Clerk •
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To the r.. and City .t ,�,",.ti.i f
City v,7 -rti
he C1LJ o2 211j Y..,1) Zii...«oois
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•� rL��_:..Vil :..'rr��.Q �iJ t.� v:u .V:.l s. V' :.4... .J.:.7:r:l.;
The u.l..ers 4`y.:od he oiJy represents that it is .L-J ''F.atent:,cn to install
t`_ ..�,-,-: r�.v 1 Y'.-. a lent cervices .t management l -+ o j r 1
£{.alr ..V.".F-G`,•i 1: �.:y�,:'1l�yr Y L..- .. �rN)^ VG.-'V:.�✓�i�J and �..... WJ\r r.V..r V L\./. Zi V�.wJ _4{��r�.f+-�•�r�.r y�
Lac Estates L.:ob .10 ilv...:v Z)ovc...:�Ja::rv1ZV .:.ii ttheCiVy o=„ LIgl.i, Zane County,
1• :: 7 .a oJ_ wC .:Vmi lot sizes will Lv i J=t_:.�. w La uy 35CD ✓ _.:• ft
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'( wall include`ode a i-`c".-voi `?"•.�.:.•7 n j ad ','o co.:.ch and a
.Jµ�l lot r .. � .
patio.
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`y 7`' h lot will to provided with th following 4 do .;ro :.r.Y
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b. Sever outlet
c. .:+loct_is sL:pp?y and : (50 =.p -- 3.._. 9/='2O volt)
c• TV ^«voi _ _ =aster antenna system for ar%) 1
e. Tole phone
jack for :.vJ:.ep o«o coach
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Natural r• gas aull' - y to V' V' coach, and m t V or (Northern
Ill. Cvr rv, ,p:•J-Y)
Oil p_'o_n; _ _ti=z, (supplied . -o= cn:," a_F pa r% system
under pressure) No :J'3D:.._:c vao tanks v`...%:=i.':.o:. at the
CvµG: • ' Each coach outlet to be Zu a.e:.li'++•
L11 m ? .v! iV tiV o Cf the before rVnv. V ( N sysV L- v ` be r le
• responsibility o the is x or•
3• The Gnt 3 3 „;;..._ will Li�.r.r J3 [ .vc -.fi_.t G ct o,'_1 ..,ewers . .4 J. n •r nn•:9
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to river. Sy=,tG . approved by City of Elgin.
j=• T 4J entire par will have s f✓+ Cra of water d.S:.s t. -: »u=^S.. and t.i i3
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supply lino feeding across + o, rive ^r dt a Y sIppl. a o. 'ram point.
north of Siao Avenue punlpi:_g asJ a^'.a v o . The ::iy te.i: to be . '3 ^--
z i hed and installed f::ua point of connection by C- tee:: of Pa-k.
Vaater to ;.l.•.+ (o".':moo"+ (1) Lrzte J A.`.J , not r,:.i`-V duha VU�v:a
motors) . W aryry r coach will h«. 3 an individual s1 .i off.
5.' Pa ?i will to equipp off:: with h .. ±r a .iycl a bS si .?1 co'ply
with the requirements of the City of .. and will be
noc;,Du to th o:.c_ei service l i g
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KIRKLAND. BRADY. MCQUEEN. MARTIN & CALLAHAN. ATTORNEYS 80 SO. GROVE AVENUE. ELGIN, ILLINOIS 60120
TELEPHONE 895-2000 AREA CODE 312
Memorandum To: City of Elgin, Attention: Robert L. Brunton, City Manager
Date April 4, 1968
In re: Danca Mobile Home Park Annexation
On Thursday, September 12, 1963, the City Council approved a
certain Annexation and Re-zoning Ordinance relative to this
Park, and received a Letter of Intent and Declaration of Re-
* strictions. I am enclosing a copy of the Courier News article
of that date.
I ask if this memo might be given to Mrs. Shales, with the
request that at her convenience she might forward copies of
the Ordinance, Letter of Intent, Declaration of Restrictions,
and any other documents which are part of the files of the
City in connection with this action. I will, of course, be
glad to reimburse the City for the cost of making any of these
copies.
I would be glad to hear from Mrs. Shales or any one else on
your staff if there are any questions concerning this request.
(Pk May I thank each of you in advance for every cooperation you
might extend.
Sincerely/yours,
WILLIAM W. BEADY
WWB/rlk
* Enc.
i Elgin (Ill.) Daily Courier-News Friday, September 13, 1953 3
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The Dance mobile home park P a r c e 1 one containing 112.7 structures, excepting roads and council annexing the property
annexed& and rezoning ordi- acres (more oT less, according recreational facilities. for use as a mobile home park •
to the ordinance) brought in -- No lots for mobile homes climaxed a fight lance was approval by the City brought ght that Dance be-
Cou
Council Thursday ni bt by a 4 unuer B-4 general service dis- shall`be located closer than 13- fan back in early 1332.
40 1 vote. trict, and parcel two (11.3 acres leot rom the shore line o. .he Five straight defeats, two b
Counci:.:a. E. C. A h, who more or !ess) annexed and Fox River, nor on the peninsu- g y
zoned as 13-3 service business la, nor closer than 50 feet to the Plan Commission, two by
had voted against preparation . . the Elgin Zoning Board of Ap-
o, the ordinance in July, was district. any property now owned or peals, and one by the C i t y
The land is on the west bark under option to Judson College. dounci, were handed Danes be-
of icae dissenter Thursday. 1
1 of o. :he "rox River directly north This 50 foot strip will be iand-
i letter c. it ent fro,r Sam- of Judson Colllege on N. State scaped and cannot be used for fore the council swung to Iris
uel R. Dance, the mobile home side in July.
Street. auto parking, streets, recrea-
doveloper, and a dociara- Dance already has more than
I i The restricted covenant that tional activities, boat storage or r
;f rest;etio.s to .rut with mi l run with the land, not with similar uses. storage $300,0;.0 invested in the prop- .
•.nie d, were also approved the developer, also imposes the — Besides the city of Elgin, erty, and says:e plans to spend •
ty the council with only one following restrictions: owners of any lot or land ad- $2 million in fully developing
'r'no change. — No structures or roads to joining or in the neighborhood the,mobile home park for use
The change was made in lot be constructed within 131 feet of the mobile home part: can by retired and semiretired pea-
sizes with the square footage of the westerly shore line of institute and prosecute any pro- pie.
per let changed from not lass the main channel of the Fox ceedings at law against the per- A preliminary plot plan of the •
than 3,259 square feet to not Jiver as of Sept. 3, 1S . son or persons violating or proposed area, including a 30
less than 3,000 square feet per — The entire peninsula at the threatening to violate the re- acre lake, was presented to the
lot, southwest corner of the prop- strictions. council and approved Thursday
Two parcels were annexed. erty is also restricted from 'Thursday's approval by the also.
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RESOLUTION
AUTHORIZING` MODIFICATION OF DECLARATION OF RESTRICTIONS TO
RUN WITH :LAND DATED SEPTEMBER 4 , 1963 , AND RECORDED
SEPTEM$E 1k , 1963 , AS DOCUMENT NO . 1008898 , IN CONJUNCTION
WITH OROTNANCE NO . S-730 , PASSED SEPTEMBER 12 , 1963 .
WHEREAS , the City Council of the City of Elgin , passed
Ordinan e ' NO . S-730 on September 12 , 1963 , which Ordinance
annexed ° ertain territories in Elgin Township , Kane County ,
Illino:i°s' ` to the City of Elgin , and granted a Special Use
thereon for the operation and maintenance of a trailer park ,
and
WHEREAS , said Ordinance provided certain conditions and
restrictions relative to the operation of such trailer park ,
and in conjunction therewith , the developers of said trailer
park known as "Willow Lake Estates " , caused a certain
"Declaration of Restrictions to Run with the Land" , dated
September 4 , 1963 , to be recorded in the office of the Recorder
of Deeds of Kane County , Illinois on September 16 , 1963 ,
as Document No . 1006898 , and
WHEREAS , paragraph one of the conditions set forth in
said ' Detl'ar4ti on provided as follows , to-wit:
"1 . No permanent structures including roads shall
be constructed within that portion of the above
described real estate lying within 100 feet of the
Westerly shore line of the main channel of the Fox
feet -water elevation 729 . 1 , as of September 3 , 1963 .
The purpose of this restriction is to designate
aid400 foot strip of land as "open space" for
pr19at'e recreational use in connection with the
use 'and development of the remainder of said land . "
and ,
WHEREAS , paragraph five of said Declaration provided
that " . . . no such lot shall be located closer than 132 feet
from the westerly shore line of the main channel of the Fox
River , water elevation aforesaid , . . o " , and
WHEREAS , by its terms said Declaration of Restrictions
shall not be cancelled , terminated or amended unless by action
of the Council of the City of Elgin , pursuant to a Resolution
duly adopted by that body , and
WHEREAS , the owner and developer of the property upon
which said Willow Lake Estates Mobile Home Park is situated
has petitioned the Council of the City of Elgin to amend said
Declaration ` to provide in pargraph one thereof that the 100
foot "open space area" westerly of the Fox River be reduced
to 45 feet and that the lot line provision in paragraph 5
of said restriction should be reduced from 132 feet from
the westerly shore line of the main channel of the Fox River
to 45 feet therefrom, and
Vi S - j
September 4, 1963
To the Mayor and City Council of
the City of Elgin, Illinois
SUBJECT: Letter of Intent
In re : Willow Lake Estates - Mobilo Home Development
Gentlemen :
The undersigned hereby represents that it is his intention to install
the following improvements, services and management controls in Willow
Lurie Estates Mobile ;tome Development in theCity of Elgin, Kane County,
Illinois:
1. The Mobile Fo lot sizes w311 be approximately 35 00 sq. ft.
Each lot will include a gravel parking pad for coach and a
patio.
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2. Each lot will be provided with the following underground
services :
a. Water outlet
b. Seater outlet
c. Electric supply and meter (50 amp - 110/220 volt)
d. TV jack antenna (from master antenna system for park)
e. Telephone jack for telephone coach
f. Natural gas supply to each coach and meter (Northern
Ill. Gas supply)
g. Oil piping for heating (supplied from central park system
under pressure) No separate tanks permitted at the
coach. Each coach outlet to be metered.
All maintenance of the before mentioned systems will be the
responsibility of the Park Omer.
3. The entire park will have adequate storm sewers and drainage
to river. System approved by City of Elgin.
4. The entire park will have system of water distribution and main
supply line feeding across the, river being supplied from a point
north of Slade Avenue pumping station. The system to be . fur-
nished and installed from point of connection by Owner of Park.
Water to be metered (one (1) meter only, not individual coach
meters). Each coach will have an individual shit off.
5. Park will be equipped with Fire Hydrants which shall comply
with the requirements of the City of Elgin and will be con-
nected to the metered service supplying park.
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G. The entire park will have a system of sanitary sewers that
will drain to main trunk line that will ha provided by the Elgin
Eanitar District, and in which this Owner will participate
from the standpoint of cost. The sewer system within the park
will be laid out in accordance with the approval el the City
of Elgin. The sower system will consist o tile severs using
4" stubs to each coach, and in accordance with the requirements
of the City of Elgin. Entire sewer system to be maintained by
the Owner of the Park.
7. All streets in the entire park will be lighted with Mercury
Vapor type street lights ; space in accordance with the lumen
ontput of the fixture and compatiable to residential street
lighting now used in the City of Elgin. All arrangements and
cost of this installation will be provided by the Owner of the
Park.
S. The streets in the Park will be of two (2) types as follows :
a. Primary Streets - 34' back to back of curb using a 2"
bituminous surface on an S" gravel base. The curb
being a 24" wide gutter and 3" roll over curb.
b. Secondary Streets - 24' back to back of curb using a 2"
bituminous surface on a ti" gravel base. The curb being
a 24" wide gutter and 3" roll over curb.
The streets will be maintained by the Owner who will be charged
with the upkeep of the blacktop surface, sweeping, and snow
plowing.
9. Garbage collection shall be carried out by a scavenger
service. This service will be supplied on at least one day
each week. Each tenant will be required to provide garbage
cans with tight fitting covers in adequate numbers to prevent
overflow.
10. Service buildings shall be provided for the use of tenants
only. Coin operated washing and drying machines in adequate
number shall be provided. Each building shall be equipped with
separate toilet facilities for men and women. All service
buildings shall be maintained by the attendants to insure a
clean and sanitary condition.
11. An air-conditioned main recreation building with facilities
will be constructed.
12. All recreation facilities shall be available to Park tenants
and their guests only.
13. The marina in bay area shall have boat facilities for the use
of tenants only. All recreation facilities shall be maintained
by the Park attendants.
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14. The administration building shall be located at the main
entrance to the Park. It shall house the offices to manage
the Park.
15. A Park directory shall be located at the Main entrance which
will display a detailed reap of the Park, giving street namas,
buildings and recreational locations.
16. A list of tenants names and addresses shall be kept in this
directory. The list shall be brought up to date monthly.
17. The Management will own sufficient equipment or will hire
services to maintain all phases of operation of the Liobile
Homo Park.
le). There shall be sufficient personnel available to maintain the
operation of the Park. There shall be an attendant available
twenty-four hours for each day.
19. No coach will be allowed in the park older than one year
at time of entry.
20. Management will carperate with the local Township Assessor
in every reasonable manner regarding the assessment and
collection of personal property taxes from the tenants and
regarding the names and lot locations of the tenants, their
intention to move from the Park or sell their mobile home
coaches, and.forwarding addresses, if known.
Samuel R. Danea
aft