AsHWooD CLr-JB - About Baumgartner Homes

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Mem bers h ip Dec laration
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January 2005
TABLE OF CONTENTS
ASHWOOD CLUB MEMBERSHIP DECLARATION
AND OPERATING AGREEMENT
Article
Article
Section
1
Article 2
2.1
2.2
2.3
2.4
Article 3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
Article 4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
Article 5
5.1
5.2
5.3
5.4
5.5
5.6
5.7
.5.8
5.9
Title
PaEe
DEFINITIONS
3
NATURE OF CLUB
5
Formation
Name
By-Laws
Officers and Directors
5
5
OWNERS, MEMBERSHIP AND CLUB PRIVILIEGES
5
Membership
Membership Privileges
No Certificates
Use of Club Property
Membership lD
Residency Requirements
Liability for Damage to Property
Termination or Suspension of Use Privileges
5
5
6
6
6
6
6
6
TRANSFER OF MEMBERSHIPS
7
General Statement
Transfer Upon Lot Sale
Involuntary Transfers
Transfer Procedures
Transfer Price
Liens Against Membership
Termination of Privileges Upon Transfer
7
7
ASSESSMENTS
9
Creation of the Lien and Personal Obligation
of Assessments
Purpose of Assessments
Regular Assessments
Procedure for Levying Regular Assessments
Change in Basis of Regular Assessments
Special Assessment for Maintenance Expenses
Reserve and Contingency Fund
Effect of Non-Payment of an Assessment
Continuing Obligation
Page 1 of3
5
5
8
8
I
I
I
9
9
I
I
10
10
'11
1',!
12
Article
Section
Title
5.10
Accounting
Certificate of Paid Assessments
Non-Escape from Obligation
Subordination of the Lien to a Mortgage
12
12
12
12
CLUB OPEMTIONSA/OTI NG/MANAGEM ENT
13
Powers, Duties and Responsibility
Property Management
Employees
Insurance
Clubhouse Use
Opening Date
Swim Team
Persons Entitled to Vote on Club Matters
Voting Rights
Management - Board/Officers
Meetings
Loans and Encumbrances
Rules and Regulations
13
5.11
5.12
5.13
Article 6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
Article 7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
Article 8
8.1
8.2
8.3
8.4
8.5
Article 9
9.1
9.2
9.3
Paqe
13
13
13
13
14
14
14
15
15
17
18
18
DECLARANT OBLIGATIONS AND RIGHTS
18
Declarant Obligation to Construct
Declarants as Orvners
Recourse to Properties
Conveyance of Club Property to Club
Easements
General Rights
Declarant Facilities
Declarant Amendments
18
18
19
19
19
19
19
19
PROPERW SUBJECT TO THIS DECLARATION
19
Property ldentified Herein
Additional Property
Burden Upon the Property
Non-Severability of Rights
Lot 73 in ParcelACl
21
RIGHTS OF MORTGAGE HOLDERS
21
Notice
Claims forAssessments
Books and Records
22
22
22
Page 2 of 3
19
20
21
21
Article
Section
Article 10
10.1
10.2
10.3
Article
11
11.1
11.2
11.3
11.4
11.5
1 1.6
11.7
11.8
11.9
11.10
',1.11
11.12
11.13
11.14
11.15
11.16
Exhibit A
Title
Paqe
AMENDMENTS
22
Amendment
Notice of Amendment
Rights of Declarants
22
22
23
GENEML PROVISIONS
23
Duration
Notices
Leasing of Dwelling Unit
Rights and Obligations
Liberal Construction
Covenant to Abide by this Declaration
Covenant in Event of Dissolution of the Association
Property Ownership in Trust
Termination of Restriction
Fines
Enforcement
Severability
Governing Law; Headings; Rules of Construction
No Waiver
Joint Action By Declarant
Trustee Exculpation
23
23
23
23
23
23
24
24
24
24
24
25
25
25
25
25
LEGAL DESCRIPTION OF THE INITIAL
PROPERTIES
A-1t29
LEGAL DESCRIPTION OF THE ADDITIONAL
PROPERTIES
B-1l30
Exhibit C
LEGAL DESCRIPTION OF THE CLUB PROPERry
c-1t37
Exhibit D
SITE PLAN OF CLUB LAND
D-1/38
Exhibit E
BY-LAWS OF THE ASSOCIATION
E-1l39
Exhibit B
Page 3 of 3
LAURtE tutcpHtLLtps
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STATE OF ILLINOIS
COUNTY OF WILL
r,
LAURTE McPHTLHPS, RECORDER
in and for said county and state
aforesaid, and keeper of the records of said office, do hereby ceftify that the
attached is a certified copy of the record of a certain instrument filed in my
office, on the 10TH day of JANUARY, A.D. 2005 at L2:04 o'clock pM, as
Document Number R2005005524 and recorded
in Book )CC( on iage )CC(
microfilmed.
In testimony whereof, I have hereunto set my hand and affixed my official seal,
at Joliet, in the County of Wilt, this 10TH day of JANUARY, A.D. 2005.
WIIL COUNTY
(seal)
RECORDER
PREPARED BY AND AFTER
RECORDING RETURN TO:
4?P R 29050115524
Recorder pase t oe-it
LRuRIE IIcPI{ILLIPS
Till
Thomas G. Jaros
Levenfeld Pearlstein, LLC
2 North LaSalle Street
Suite 1300
Chicago, lllinois 60602
County
PCI Date 0t/to/2005
Recordlng Fees:
M
Ttme 12:04:59
6t.os
ASHWOOD CLUB
pEc LARAilo N AN p
|
OPERATING AGREEMEM
EM_B_EIF|||
THIS AsltwooD CLUB MEMBEFSHIP DECLARATTON
AND OPERAnNG AGREEMENT
qnts,."pg:!gr?!i,ol')^
200s,
ov
rRusr
it *g:_tlE*0*+edeUofr-.t"nr"ry,
sAVlNGs BANK, AS
rRusrEE/UfiEmafrii3r AcCeemenr onteo MAy 7, 2004 AND
AND
KNowN AS TRUST NUMBER HTN'3127 (hereinafterretened to
i" rrdr), THE MAcoM
xaiils
coRPoRATloN,aDe.lawareCorporation(hereinafterreferredtoas(@pndGRESTV|EW
"r'n"t
BUILDERS, lNc., an lllinois corporation (hereinafter rereneo
to
WITNESSETH:
"..bffiid").
WHEREAS, Harris Trust is the owner of the property described
as parcelACl on Exhibit A
rttached hgreto (hereinafter referred to as "ParceiAgi.'1 wnicn is
beinfdevetil;
rart of the Ashwood Creek Subdivision.
ilifffi
WHEREAS, Macom is also the owner and developer of the property
described as Unit .l
louth on -ExhibitA (hereinafter referred
'unit
r
s",itn'1
*ni"riwilio"'iniJrpor.ted
into and
!o ".
levefoped as part of the Ashwood park SubdivislonlWH EREAS, Crestview is the owner of and the developer
of the property described as Unit 1
{orth on Exhibit A (hereinafter referred
as '!ld!l-Norttr;) which
iri.orporated into and
!o
leveloped as part of the Ashwood park Subdivi;ion
"ill-0"
---
WHEREAS, Harris Trust is also the owner of the properties described
as parcel AC2 and
'1:-?l 499 o.n Fxhjbit B attached hereto (hereinafter referred to
lcz" and ,parce!
yQ!") which, in the future, will be developed by Macom
prrt of the"r;i"i""r
Ashwood Creek Subdivision.
"r
'\'{
7
R2fiit5{iil552l+
WHEREAS, Macom is also the developer of, and either the owner or contract purchaser of,
the properties described as Unit 2 South, Unit 3 South, Unit 4 and Unit 5 on Exhibit B (hereinafter
respectively refened to as "!.0!!.@!Lf, '8i33&g!h", "g!!!J" ?Dd'!J'E!I!J") which, in the
future, will be incorporated into and developed by Macom as part of the Ashwood Park Subdivision.
WHEREAS, Crestview is also the developer of, and either the owner or contract purchaser
of, the properties described as Unit 2 North and Unit 3 North on Exhibit B (hereinafter respectively
referred to as
and "!.n!!!$g!Lf) which will, in the future, be incorporated into and
developed by Crestview as part of the Ashwood Park Subdivision.
"!g!!3$q!!'
WHEREAS, Crestview is the developer of, and either the owner or contract purchaser of,
the propefi described as ParcelTH on Exhibit B (hereinafter refened to as'BgqLIE )which
will, in the future, be developed by Crestview as a townhome community.
WHEREAS, Harris Trust, Macom and Crestview desire to create for the benefit of the
'Owners' (as defined herein) a swim and recreation club to be developed on the "Club Land" (as
defined herein).
WHEREAS, as of the date of this Declaration, Harris Trust, Macom and Crestview desire to
presently submit their respective properties ParcelACl, Unit 1 South and Unit 1 North (collectively
described onBh!!!!Aand hereinafter rdfened to as the'!.1!!iql!!glg!f or'lnitial Properties')
to the terms and provisions of this Declaration in order to create the Club and to provide for the
continued upkeep and maintenance of the Club and the Club Property.
WHEREAS, upon recording of a final plat of subdivision for each respective property and
compliance with the terms of Article 8 hereof, Hanis Trust, Macom and CresMew shall submit their
respective properties Parcel AC2, ParcelAC3, Unit 2 South, Unit 3 South, Unit 4, Unit 5, Unit 2
North, Unit 3 North and Parcel TH (collectively described on Exhibit B and hereinafter referred to
asthe.@or"@)tothetermsandprovisionsofthis
Declaration in order to afford the Owners of the Residential Lots on the Additional Properties
membership in the Club and to further provide for the continued upkeep and maintenance of the
Club and the Club Property.
WHEREAS, Macom and Crestview shallcollectively be refened to herein as the "^Declaranf
or"Q@."
NOW, THEREFORE, Harris Trust and Declarants each declare that their respective portion
of the Initial Properties are and shall be held, sold, conveyed, transferred, mortgaged, and
encumbered subject to the terms, provisions, covenants, restrictions, conditions, reservations,
easements, charges, and liens set forth in this Declaration, all of which are declared to be for the
purpose of enhancing and protecting the value, desirability, attractiveness, and harmonious and
proper use of and administration of the Club and the Club Property. The easements, covenants,
restrictions, provisions, conditions, resennations, charges, and liens created bythis Declaration shall
run with the Initial Properties (and each portion thereof separately conveyed) and shall be binding
upon all the parties having or acquiring any right, title, or interest in all or any portion of the lnitial
Properties, and shall inure to the benefit of each owner thereof.
2
'R2fiilti{-JilI5Zt+
ARTICLE
1
oEffiiTidiis
"Act" shall mean the lllinois "General Not For Profit Corporation Act
of 19g6", as such may
be amended, replaced or modified from time to time.
"Aghwoo-d Gre.ehslrbdivision'shalt mean that certain residentialsubdivision
created and
developed upon Parcels Ac as created bythe finatplat(s) of subdivision therefor
recorded against
the Parcels AC, as such may be amended, revised, expinded or modified from
time to time.
"A.shwood P?[k Subdivisign" shall mean that certain residential
subdivision created and
developed upon the Macom Parcels and the Crestview Parcels as createJ
ov tnrnn"iJl"tt.r)
subdivision therefor recorded by Macom and Crestview against the Macom parcels
"i
and the
crestview Parcels, as such may be amended, revised, expanded or modified
from time to time.
"@1" shall mean and refer to the Board of the Club as elected or appointed from time to
pursuant
time
to the By-Laws.
'Fv-LaWg' shall mean the By-Laws of the Club as adopted by the Club, as amended,
replaced or modified from time to time, a copy of which are attac'heO nereio
grhiUit e
.
"@!"
"r
shall mean the Ashwood Club, an lllinois Not-For-Profit Corporation.
"Glubhouse" shall mean the crubhouse located on the club property.
'Club-@
shall mean those parcels of real estate located within the Ashwood park
Subdivision upon which the Club is to be constructed, developed and operated the exact description
which shall be finally created and established pursuani to the final plat(s) of subdivision
for
{shwood Park Subdivision, the approximate location of which is setforth on n6 site plan
attached
rs Exhibit D hereto.
f
'GLub Proqerhfl.shallmean all property owned by the Club, including
the Club Land, the
)ool, the Concession Stand, the Clubhouse
and all related grounds, improvements thereto and
rarking facilities.
"Concession Stand" shall mean the concession area, if any, located in or about the
Club.
. . .'iC[9!ty!ew Parcgls" shall collectively mean: (a) Unit 1 North as described on Exhibit A;
rnd (b) Unit 2 North and unit 3 North as described on Exhibit B
"!S!aranl!" shall mean individuallyeach of, and colfectively both of, Macom
and GresMew.
'?ir=e9forP," shall mean the members of the Board as elected or
appointed pursuant to the
.'rms of this Declaration.
"9lgg!!i[g ud!' shall mean and refer to each residential housing unit located on a
lesidential Lot designed f9Land occupled-bV.3 single family, including: (a') each single-family
eta.ched dwelling units and (b) each single-familyattached Owetling unit in a multiple-dwLtting unit
uilding.
Rlf, iiriiJ n5SZt+
".S!!!I.S,!d
shall mean an Owner owning fee simple title to a Residential Lot or Dwelling
Unit that is not a naturalperson.
. .. - "tg!" shall mean those parcels of land within the Properties as created by any plat(s) of
subdivision recorded with respect to the Properties, including without limitation, tfrose individual
lots
created by: (a) anv fi19f recorded plat(s) of subdivision creating the Ashwood Creek Subdivision;
(bj
any final recorded plat(s)of subdivision creating the Ashwood Park Subdivision; and (c) any
nn"i
recorded plat(s) of subdivision creating the townhome lots within parcelTH.
'llgFqm-Parcgls" shall collectively mean: (a) Unit 1 South as described on Exhibit
A; and
(b) Unit 2 South, Unit 3 South, Unit 4 and Unit 5 each as described on Exhibit B
.'Mana.qe( shall mean any person or entity hired pursuant to this Declaration to manage
portion
any
of the Club Property, or any successor person or entity appointed by the Board.
'9gP3!!!" shall mean and refer to an individual, other than an Owner, in actual laMul
possession of a Dwelling Unit, including all members of an Owne/s family which occupy
the
Dwelling Unit.
"Officers' shall mean the officers of the Club elected or appointed pursuant to the terms of
the By-Laws.
'OPening D?te" shall mean the first date in each calendar year that the pool shall be open
_
for use by Permitted Users.
"@gI"
shall mean and refer to the fee simple title holder to each Residential Lot and shall
include: (a) each of the individual natural persons whose estates or interests, individually or
collectively, aggregate fee simple ownership of such Residential Lot; (b) each Entity ownerihat
owns fee simple title to a Residential Lot; and (c) Declarant as to all unsoid Residentiil Lots which
are or will be constructed on the Properties.
'Parcels AG" shall collectively mean all of: (a) Parcel AC1 as described on Exhibit A; and
(b) ParcelAC2 and ParcelAC3 each as described on Exhibit B.
"Eg@!!!4-W shall mean the Owner of each Residential Lot, as well as any Occupant;
provided, in each case, such Person is disclosed to the Club in writing and a Membership'lD is
properly issued to such person by the Club. Notwithstanding the ioregoing, in the event a
Residential Lot is owned by an Entity Owner, the Permifted Useis shall only belne Occupants of
the Dwelling Unit to whom a Membership lD is properly issued.
"Egg"
shallmean and referto a naturalindividual, corporation, parlnership, trust,limited
partnership, limited liability company or other entity capable of holding title to, or any iesser interest
in, real property.
'@!"
shall mean the swimming pool, bathhouse, wading pool, playground, equipmentand
related facilities owned by the Ctub (but not the Clubhouse).
"P.rgperM or'ElgPglllgg" shall mean a collective reference to the Initial Properties and all
Additional Property described on Exhibit B and as referred to in Article g.
'i?2tlir5tin552t+
'.Feiid,9t!ti1!!$ shallmean
a L_ol occupied or intended for occupancy by Dwelling Units
and located within the Properties, specifically excluding the Club Land ano
any Lot intenJed for
drainage, storm water management, open space, access, ingress, egress, schools, parks
or the
common use of all Owners within a particular subdivision. lf a Lot'shali have more
than one
Dwelling Unit constructed upon it, then each such Dwelling Unit shall be considered
and deemed to
be a separate Residential Lot for purposes of this Declaraiion. By way of
tor purposes
of clarification: (a) if a townhome building having four Dwelling Units ii constructed
"i"rnpf " "nO
on one'Lot, such
Lot shall be deemed to include four ResidentialLots; a,nd (b) ila townhome OuilOing
containing four
Dwelling Units is constructed upon 2 Lots, then each such Lot shall be deemeO to inctude
two
Residential
Lots.
;
les and Requlatl shall mean the rules and regulations adopted bythe Board of the
Club from time to time relating to the use of the Club property.
"Rtf
Ilansferee' shql! mean any assignee or transferee of an Owner, provided the assignment
or transfer is effectuated in compliance with this Declaration.
ARTICLE 2
NATURE OF CLUB
2.1
Formation. The Club has been or will be formed as an lllinois not-for-profit
corporation under the Act. The Club shall be managed and its activities shall be conducted in such
a manner by the Officers, Board and Owners so as to preserve the Club's not-for-profit status under
the Act.
2.2
Name. The Club shallhave the name'Ashwood Club'and all business of the Club
shall be conducted under such name, unless the Board shalf properly adopt any other name for the
Club. The Officers are authorized to amend the name of the Club as set t6rtn in the Glub's Artictes
of Incorporation to conform to the name set forth above, or any other name hereafter adopted by
the Board.
2.3
Bv-Laws. The By-Laws of the Club contain provisions relating to the election of
Officers and the Board as well as certain other material provisions relating t6 tne organization,
operation and governance of the Club. The By-Laws are attached hereto is ExhibiiE and are
incorporated herein by reference.
2..4
Offiqers and Directors. Pursuant to the terms of the By-Laws, the Club shall be
managed and run by the Officers and Directors of the Club, each of which shall be etected or
appointed pursuant to the procedures set forth in the By-Laws.
ARTIGLE 3
OWNERS. MEMBERSHIP AND CLUB PRIVILEGES
.
3.1
its ownership
Membership. Each Owner shall be a member of the Ctub automatically by virtue of
of a Residential Lot. Membership in the Ctub shall be transferred only inactordance
ivith the terms of this Declaration. Each Owner (including all Transferees of the Dellarant) shall be
round by the terms of this Declaration and shall be deemed to have executed this Dectaraiion upon
:oming into title of their respective Residential Lot.
3.2. Membefshio Privileqes. Owners shall be entitled to the use of the Club property,
;ubject in all cases to compliance with the By-Laws, this Declaration and the Rules and
5
nir:rtStl0SSZh
Regulations. Withoutlimiting the foregoing, each Owner shall have an equal right to use
and enjoy
the Pool and the Clubhouse. No Owne.r sh.all have a preferential right to use Jf
portion or irre
Club Property' Each Owner is granted a limited ticense to use tnJ CtuU property,
"ny which license
shall be revocable at the discretion of the Board pursuant to the terms of this Declaration.
. _ 3.3.
Ng Certificat.es. Owners shallnot be issued certificates to evidence membership
in
the Club. Each Owner shall deliver to the Club any information that the Club reisonably
requires in
connection with the administration of membership matters, including the names of all permitted
Users. Further, each Owner, if requested by the Club, shall be requirld to sign a separate written
agreement agreeing to bq bound by the terms of this Declaration
3.4.
Use
9f Clu! ProoertV. Club Property may be used only by the permitted Users and
the invited guests of any Permitted User. Guests shall not be Permitied Users under the terms
of
this Declaration and the use of Club Property by any guests shall be subject to the Rutes and
Regulations of the Club. Each Owner understands ahO agrees that membership in the Club is
a
privilege which is not open to the public ahd, as such, the Club Property shallonly
be
used
by
the
Permitted Users and guests of the Permitted Users. Each Permitted lser shall -have the rigit
to
bring guests to the Club under such terms and conditions as may be prescribed under the Rules
and Regulations. In all cases, the actions of any Permitted User or any guest of a permitted User
shall be the responsibility of the applicable Owner.
3.5.
Meqberqhiq
lD. An acceptabte form of identification (a .sg@hjglg"),
as
determined by the Board, shall be issued to each of the Permitted Users
1UJfilt guests who bnaff
be admitted to the Club Property only w_h9n accompanied by a permiited Usei having a valid
Membership lD). Membership lD's shall be presenied upon demand from any Office-r, Board
1e.1.nber, Manager or Club employee or agent in the proper exercise of its auihority. Without
limiting the foregoing, each Permitted User shall be required to present the Membership lD upon
entry to the Club Property. ln the event any Membership ]D is iost or destroyed, an Owner may
request that the Club issue a replacement Membership lD; provided, however, that the Club may
condition the issuance of a replacement Membership lD upon: (a) the payment of a reasonable reissuance fee; and (b) any other reasonabre conditions sei by tir6 goaro.
3.9-_ ResiCencY Regullements. Subject to the terms of the Act and this Declaration, only
Owners of Residential Lots shall become Members of the Club. ln that regard (but subject to thii
Declaration), each Owner (including the Dectarant) may offer to sell or transferlts membership in
the Club only to a Transferee of a Residential Lot.
.
3.7
Liabilitv for Damaqe to Propefv. Each Owner shall be liable for the expense of any
maintenance, repair or replacement of any ol tI," Club Property to the extent rendered necessary by
such Owne/s act, neglect or carelessness of Owner or by thai of any permitted Users, Occupants,
guests, employees, agents, or lessees of said Owner. Nothing herein contained, however,
shall be
construed so as to modify any waiver by insurance companies of any rights or subrogation.
3.8.
(a)
Termination or Suspension of Use privileqes.
The Manager, any Officer, any Board member and any employee or agent of the
3lub may: (i) terminate or suspend any guest's rights to the use and enjoyment ottne Ctub property
rt any time and for any reason with or without cause; (ii) suspend any Feimitted User's rights tb tfr6
lse and enjoyment of the Club Property for a period not to exceed 24 hours in the event of
mminent threat to the heafth and safety of any of the users of Club Property or a viotation of the
Rules and Regulations.
6
i?2tiii ;'{jfi552t+
(b)
The Board may temporarily s-uspend any Permitted User,s
rights to use and
enjoyment of club Property upon the failure of.th'e iesp".iiu"
o*nei to pav Jny Assessments as
more specifically provided in Article 5 and such suspension
shall terminate witnout Board action
upon payment of delinquent Assessments.
(c)
l".ffifil
The Board may permanently terminate or suspend (for periods
in
Permitted Use/s rights to use ind enjoyment of cruu piopJrtv'lnrv exces s of 24
in the folowing
(i)
Upgn the repeated failure'of an Owner (or the permitted
User) to comply
with the mateiial terms of this Declaration or the Rules
and Regulations
(other than as referenced in Subsection (a),
p.vided that, as a
condition
"uor"l
to such termination orsuspension, ihe Boarcisf,ail
nave given such
owner (orthe Permitted User) at least 2 written *"iningr setting
forth, with
specificity, the facts and circumstances giving rise to thJBoard's
decision
to
terminate or suspdnd membership privil-eges-; and/or -
(ii)
For any other reason that is in the best interests of the
Club (including,
without limitation, matters involving the health
r.f"iyof other permitted
users or matters negatively impacting the overall
"nO value of cruo propertvi,
Provided, in each case, that a tetmination or suspension pursuant
to this subsection (c) shall be
approved by a majority of the Board at a meeting where a quorum
of the Board is present.
(d)
Without limiting the Board's rights underSection 3.8(c) above,
any permitted User
that is, or is required to be, registered as a sex offender, sexual predator
or
iimilar designation
pursuant to the requirements. of any court order or
laws, ordinance or other governmental
requirement, shall be prohibited from using th.e Club Property
Orting any time grat tne pool is in use
for any recreational purpose (including Swim Team altivitiesl
or
v' er
at sr
any
vu 'v' time as may be
'' other
determined by the Board.
(e)
The termination orsuspension of a Permitted Use/s rights
to the use and enjoyment
Property made pursuant to this Declaration snalt not retieve
in any respect the owner,s
obligations to otherwise comply with the terms of this Declaiation,
including (without limitation) such
Owner's obligation to pay allAssessments.
olllt" club
. 4'1'. . 9ener:?l Shtenlent. Each owner acknowtedges that the membership in the club is
not severable from the Residential Lot and may not be assigned
or sold separate from the
Residential Lot. Any transfer made which does noi .orprv with
the terms of this Declaration shall
be null and void and of no force and effect.
4'2'
Tr3ngfgr: Uporl.Safe of I,.ot. The entire interest of an owner
in and to the Club
Property (and all rights to the use nereof by sucn owner
and its permitted Users) shall
automatically be transferr-ed and assigned to any Transferee
who purchases i nesioential Lot. ln
;uch an event, the Transferee need onfy comply with ttre
ieims of Section 4.4, betow, in order to
?btT the privileges of membership in the club. ln conneciion w1h any transfer pursuant hereto,
he club may require reasonable evidence of the transfer oJthe
Residential Lot to the Transferee.
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4.3.
Involuntarv Transfers. Transfers of a Residential Lot which result from or are
{eatlr, incompetency, divorce or bankruptcy of or judgment against an Owner
('lnvoluntarv Transftd) shall be recognized by the Club ahO ine Trjnsfiree of Juch Residential
Lot by virtue of the subject death, incompetency, divorce or bankruptcy of or judgment shall be
gubjgct to compliance with the transfer procedures set forth in Section 4.'4. lnconnection with any
Involuntary Transfer, the Club may require reasonable evidence of the transfer of the Residentijl
Lot to the Transferee.
n_ecessitated by the
.4.4.
Iransfef P..rgcedqres. In connection with any transfer of a Residential Lot, the
following procedures shall be strictly adhered to by the Owner and the Transferee:
(a)
(b)
(c)
The transferring Owner shall pay all outstanding Assessments then due and shall
obtain a Certificate of Paid Assessments (as defined herein) prior to effectuating the
transfer of the Residential Lot;
The Transferee shall comb to the Club (or other location designated by the Board)
and complete an information package and provide such informltion as t-he Club may
reasonably require, including such information regarding the permitted Users as the
Club may reasonably request;
The Transferee shall pay any Assessments levied and due since the date that the
date of the Certificate of Paid Assessments delivered to the transfening Owneq and
(d)
The Club shall issue Membership lD's to all Permitted Users of the Transferee.
The Permitted Users of such Transferee shall not be entitled to use Club Property until all of the
above procedures have been complied with by the Owner, the Transferee and tne CluU. Except for
transfer by Declaranl, tltg Club may assess a reasonable fee to the transferring Owner (not the
Transferee) for the administration of a transfer. Notwithstanding the foregoing, Declarant shall not
be obligated to observe or comply with the provisions of this bection 4.q i{a Residential Lot is
transfened by Declarant prior to the occupancy of a Dwelling unit thereon.
4.5'
Transfgf Price. The Club shall have no obligation to anange for or guarantee the
payment of any consideration between an Owner and a Transferee on account oi a transfer of
ownership in a Residential Lot. In that regard, a transferring Owner shall be solely responsible for
collecting any amounts due on account of a transfer to a Tiansferee.
4.6,
!-igns Aqai4st Membership. Except for Mortgagees (as defined herein), no owner
shall have the right to grant a lien, security interest or pledgeagainst'its membership inierest in the
Club without first obtaining the written consent of the Club.
4:7.
Tgrmlnation of Privileqes Upon Transfer. An Owner's membership in the Club shall
terminate immediately upon the transfer of its ownership of a Residential Lot pursuant to the terms
hereof. All rights of such transferring Owner and its Permitted Users to the use of the Club propefi
(except as a guest or Permitted User of another Owner) shall terminate as of the effective date of
the transfer.
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ARTIGLE 5
ASSESSMENTS
5.1.
acceptai'ce
3l
expressed in any deed or other document or- conveVance) shall be
deemed to *u"n"nt and agree
to pay to the Club such RegularAssessments and Speciaf Assessments (each
as defined below) as
may be levied and assessed by the Club as provided herein (collectively
ttr" "n"""""."ni3{
Assessments shall be fixed, established, and collected from time to time
as provided in this
Declaration. Assessments, together with such interest thereon and costs
of collection thereof as
hereinafter provided,. shail be a charge against and a continuing tien uponlne
Residential Lot
against which such Assessment is made. Each such Assessmint, together
with such interest
thereon and cost of collection thereof as hereinafter provided, snail aiso-U-e
iii"'p"rronal obligation
of the owner of such Residential Lot at the time when the Assessment fell due.
In order to
minimize the cost of administration, the. Board may elect to delegate the
task of billing for
Assessments to the homeowners associations created to operate and iranage
the Ashwood Creek
Subdivision, the Ashwood Pafk Subdivision and the townhome subdivision created
on parcelTH.
The Board shall insure.that adequate procedures are in place with such associations
to iniuie ine
prompt transfer of paid Assessments from those associations to the
club.
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5.2.
PUrqose of AsSpssments. Assessments levied by the Club shall be used
for any
purpose of the Club as specified in this Declaration (including, without
limitation, those duties,
powers and responsibilities described in Article 6) or the Ailcles
of Incorporation. All funds
colle-cted (except for such SpecialAssessment as may be levied against less
than all of the Owners
and for such adjustments a9 may be reguired to refleci delinquent or prepaid Assessments)
shall be
deemed to be held in trust for the benefit, use and account of each bt th" Owners
in the ratio that
the number of Residential Lots owned by such Owner bears to the totat number
of Residentiat Lots.
Assessments shall be paid by each Owner regardless of the Owner's use or non-usage
of the Club
Property.
5'[email protected]|ub,throughtheBoard,shat||evyforeach
'Assessment Yeaf (as defined below) a regular annuat asse-ssment,
applicable to that Assessment
Year only, for the purpose of enabling the Club to exercise its powers'ano dutils and
to fulfill its
responsibilities as delineated herein (each such Assessment Years'assessment
being referred to
herein as the "FeEr{lar Ass.e:sme!f). The Board shall determine the fiscal year
upon which the
Club shall determine_and_ levy Regular Assessments (such perioO b"'l;g known as the
"AgsesqmentYear"). The Board, in its discretion, maywaive neguiarAssessmjntsforanyofficer
or Board member on account of their service to the Ciub.
5.4. Procedure for Lewinq of Reoular Assessments.
(a) The Board shall determine the amount of the Regular Assessment against each
Residential Lot, including any vacant Residential tot, for each Assessment year.
The Regular Assessment shall be altocated equally against all Residential Lots.
The Board.shall. notify in writing each Owner of the amount of the Regutar
Assessment against its respective Residentiat Lot prompfly after such has been
levied by the Board. on or before May 1st of the ensuing calendar year, or
otherwis_e a.s provided by the Board, each Owner, jointly anJ severatty, inati Oe
personally liable for and shall pay to the Club the Regulai Assessment so levied.
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(b)
On or before April 1st of each calendar year, the Board shall supply all owners with
an itemized accounting of the maintenance expenses for the'preceding calendar
year actually incurred and paid, together with a tabulation of the amounts
collected
pursuant to the estimates provided, and showing the net amount over
or short of the
actual expenditures plus allocations to reservei. Said itemized accounting of the
expenses rnay be supplied to the Owners solely by posting said accountin! on an
internetweb site of the Club. Any amount accumuiaied in 6xcess of the am-ount
of
required expenses and allocations to reseryes shall be either: (i) deposited in the
Reserve Fund (defined belowJ, or (ii) refunded to each Owner'according to each
Owne/s share of the total Regular Assessment, or (iii) remain in thl Club's
operating.iccount, or (iv) distributed in a combinaiion of ii1,
1ii1 and/or (iii). Th;
Board, in its sole discretion, shall make said election. lf thiiels a net shoriage in
excess of five percen! of the actual expenses plus budgeted allocations to rese-rves
for the prior year, then said net shortage shall be billed to each Owner according to
each Owner's share of the total Regular Assessments and same shall be payait"
within thirty days of bilfing.' lf there is a net shortage of less than five percent of tne
actual expenses plus budgeted allocations to reseryes for the prior year, then said
net shortage shall be included in the budget upon which Regular Assessments are
calculated for the next fiscal year. The Board shall prepare a roster of the
Residential Lots and Regular Assessments applicable theieto which shall be kept in
the office of the Club and shall be open to inspection by any Owner.
5.5.
Chatqe jn Basis of ReqvlarAssgssments. The Board of the Club may change the
amount of the Regular Assessment during any Assessment Year provided that any intrease-in the
Regular Assessment shall be approved by a majority of the Board at a meeting OJty caled for this
purpose with appropriate notice and information provided to the Owners prior to siid meeting.
5.6.
Speci?l AsFes-sme,nt for. M?intenance Expenses. In addition to the Regular
Assessments authorized by Section 5.3 above, the CluU, tfrrough the Board, may levy iriany
Assessment Year such additional assessments other than the Regular Assessmeni
1su6f, beini
referred to as a "Special Assessmenf) as may be required in ordlr to defray or pay for:
-
(a)
(b)
(c)
the cost of any taxes or unexpected repair or replacement to the Club property for
which the Club bears responsibility; or
the cost of anyconstruction orreconstruction of any improvements orClub property
for which the Club bears responsibilig; or
any other material expense to be incurred by the Ctub in connection with its
obligations, rights or duties under this Declaration.
provided, in each case, that any such Special Assessments shall be approved by a majority of the
poa1d, at a meeting duly called for this purpose with appropriate notice and information provided to
the Owners prior to said meeting in the manner set fortir in the By-Laws. Notwithstranding the
foregoing, if any such Special Assessment will exceed two timei the amount of the Regular
Assessment during any Assessment Year (a 'Maior Special
), said Major SpLcial
Asses
Assessmentmustbeapprovedbyamajorityofth@orbywrittenproxyat
an Owners' meeting called for this purpose. The presence in person or by written prory at said
meeting of forty percent of the total Owners shall constitute a quorum. However, said Majoi Special
Assessment must be approved by a majority vote of Owners in attendance either in peison'or by
ryritten proxy but by not less than forty percent of the total Owners. This provision may not be
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amended unless sixty percent of the total owners, either in person
or by written proxy, approve
such amendment at a meeting called for this purpose, all in accordance
with this Dectaration. All
Special Assessments shall be allocated equally againsiail Residential
Lots.
7.
5
Resefve and Continqenqv Fund. The Board shall build up
and maintain a
reasonable reserve for contingencies and reptacements (tn"
').'
The Board, at its
discretion, shall have the right to annually buoget an amount to be
allocated to the Reserve Fund.
The Board mayalso transferexcess annualop-erating funds to the
Reserve
also transfer amounts in the Reserve Fund to the op-erating accounts
of the Club to cover capital
expenditures for Reserve, Fund items and for shortfalls to- the operatinj
accounts that shafl be
replenished to the Reserve Fund not later than the following fiscaly""r. "
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5.8.
(a)
(b)
lf any Assessment is not. paid by the Owner on the date when due, then
such
Assessment shall become'delinquent and shall (togetherwith such
inteiest thereon
and reasonable costs of collection including reasoiable attorneys'
fees) become a
continuing lien (an 'Assessment Lien"; on tfre Residential Loi of tfre'Oeiinluent
owner. The Assessment Lien snall Ue a iien upon and an equitable charge
running
with lhe respective Residential Lot and shall bind said Residential
Lot, the Owner,
any. Transferee, grantees, heirs, administrators, executors,
legal ,"pr"i"nt"iiu.r,
assigns and successors, and the limitation thereof shall coincicr'e
with the statutory
limitation of the State of lllinois for the enforcement of oral agreements.
The
personal obligation of the then Onrner to pay such Assessment
Lie-n, however, shall
remain his personal obligation for the statutory period and shall not pass'as
a
nerygna] obligation to his successors in title unlesi (i)expressly assumed by them
or(ii) said successors in title failto require the then Owneito proviOe a Certifitate
of
Paid Assessments from the Club at the time of conveyance. lf tifle
to a Residential
Lot is held by the trust, the trustee shall not have Lny personal liability
for the
assessment, but all beneficiaries of the trust shall be jointly and
severally io liable.
In the event the owner of a Residential Lot is more in"nbn" person,
all owners
shall be jointly and severally liable. The Assessment Lien shall attach
to rents due
from parties in possession to the record Owners provided that it shall
be subordinate
to an assignment of rents held by a Mortgagee.
lf an Assessment (of any type) is not paid when due, a delinquencyfee/late
fee shall
be charged to defraV the. costs and expenses of processing and
attempting to collect
said Assessment. The delinquency fee/fate fee shall be cilculated
atieniercent or
the total amount of the Assessment and shall be charged for each
thirty day period,
or any fraction thereol that said Assessment remains-unpaid. The
Asslssment and
the delinquency fee shall bear interest from the date of delinquency at a rate
of
interest determined by the Board not to exceed the maximum rate of interest per
annum permitted by tfe usury laws of the State of lllinois. The Club may
bring'an
action at law against the owner personally obligated to pay same or foreclose
to
the
Assessment Lien against the subject ResiOential Lot and t'here shall be added
to the
amount of such Assessment all reasonable costs of enforcing the Club,s
rights
hereunder including (without fimitation) the costs- oi pi"puring and filing
the
complaint and maintaining and concluding such action, inciuOing- the reasoiabte
cost.of title reports' In the event a personal judgment or decree of foreclosure
is
obtained by the Club, such judgment or d-ecree shall include interest on
the
Assessment as above provided and a reasonable attorney's fee to be fixed
by the
11
court together with all reasonable costs of the action. The
venue for all legal action
shall be inWill County, lllinois. The occupants shall be
authorizeo to aice;ilh;
summons for the owners of the Residential Lot. The
of any late rees anJ
interest shafl be secured by the Assessment Lien.
"rorni
(c)
lf an Assessment (of anytype) is not paid when due, then
the Club may suspend the
privileges.to use any club Property of any such owner
lanJ ali affiliated permitted
Users and guests) until allAssessments tiren due shall ue p"iJ
in full. Written notice
of the suspension shall be given to any such ouner
2 days before the
suspension is to become effective.
.tG;;i
(d)
lf an Assessment (of any type) is not paid when due, then
the club may suspend the
voting rights of such owner as more specifically oescriOeJ in
nrti"l" 9, below.
. 5'9'
Conti4yinq obliqation. The failure or delay of the Board to prepare
or serve notice of
any Assessment on the owners shall not constitute a waiver or release
in any manner of such
owne/s obligation to pay the Assessments herein described, whenever the
same shail be
determined. In the absence of notice of a Regular Assessment, each
owner shalf continue to pay
the Regular Assessment at the then existingiate established for the.Assessment year
until such
annual or adjusted Regular Assessment shall have been mailed or delivered.
.9'10' Accountino. The Board shall keep full and correct books of account of receipts and
expenditures specifying and itemizing the maintenance and repair
of the Club p;"pilt
and any other expenses incurred. Such records and the vouchers "ip"nr"r
autiiorizi;g th" payment therefor
shall be available for inspectio.n by any owner or any representative
of any owner duly authorized
in writing at such reasonable time or times during n6rmit business
hours
r"y be requested by
the owner provided such inspection is to be maie for a proper purpose. ",
Upon ten days, notice to
the Board and payment of a reasonable fee, any owrier bnair oi rurnisneJ
a statement of his
account setting forth the amount of any unpaid Asiessments or any
other charges due and owing
from such Owner.
5' 1 1 . Certificate.of Paid AsgessFents. Provided all Assessments
then due and owing by
an owner have been duly paid in itil, the club shall, within s days of
written request from an
owner, fumish to any owner a certificate in writing signeo by an officer or
managing agent of the
club
forth that all Assessments then oue Jndiayaote have been paiJ ano
the balance of
-setting Assessment
any Special
still owing, but not then due and payabl"
fl-.C"rtin""t"-J'ruru
Assqssrnents"). Such Certificate of Paid Assessment shall be contlusive evidJnce payment
of
of
any Assessment therein stated to have been paid. The Club may require p"Vrlnt
of outstandin!
Assessments in certified funds prior to the issuance of a Certificate of paid
Assessments.
5'12' Non-EsFopjrom ogliqation. No owner may waive or otherwise escape liability for
the Assessments provided for herein for any reason.
.5.1.3..TheAssessmentLienprovidedforherein
maybesubordinate.d!y-thecluo1ffieBoard)bywrittenoocumentexecutedby
its duly authorized fficers. Notwithstandjng the foregoing, ln" Ari".rrent shall hereby
automaticclly (and without any further writing) be subordina'ted to the lien of
any Mortgagee placed
upon the Residential Lotforthe purpose of purchasing the Residential
t-ot proviOed, howevet that:
(a) such automatic subordination shall apply only to thi Assessments
which arise subsequent to the
lien of the. mortgage(s); and (b) such subordination snau affly only
to the Assessments which have
become due and payable prior to the sale or transfer of such Residential
Lot pursuant to a decree of
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foreclosure, or any other p.roceeding in lieu of foreclosure. such sale or
transfer shall not relieve
such Residential Lot from liability for any Assessments thereafter becoming
dr", not from the lien of
any such subseguent Assessment. The owner agrees upon accepting
tile ir,"t tne lien of the
Assessments shall be prior to the homestead right oithe owners since it
runs with the land and is in
existence before commencement of ownership interests.
ARTICLE 6
c uu
e o p e RAil oTl$bTill-crrueNRe
eMeN
r
6.1.
Polvers, Dr,rties and Resognsibilitv. The Club is created to carry
out the purpose of
this Declaration. In.order to carry out tnat purpose, the duties and responsibilities
of the Club shall
include (without limitation) the following:
(a)
(b)
(c)
(d)
(e)
(0
(g)
6.2.
to provide- for high standards of maintenance of the Club property and to
make and
promote the desired quarity and character of the crub;
to receive. property of every kind, whether real or personal, and to administer
and
apply such property and the income therefrom exclusivelyior the purposes
of the
Club;
to receive any gift, bequest, or devise of any property for any purpose specified
by
the donor or testator or for any of the purposes or tfr-e club;
to operate, manage, administer, maintain, repair, and replace the Club property;
to provide for a general fund to enable the Club to exercise its powers, duties,
and
responsibilities as delineated in this Declaration, its Articles of Incorporation,
and its
By-Laws by levying any Assessments;
to enforce any Assessment Lien; and
to take any action necessary to effectuate the purposes of this Declaration.
?rqoe{v= llalaqement. The Board shall have the right and authority to delegate
nanagement of the Club Property (including the Pool, Concessidn Stand,
Clubhouse
if
tpplicable, the "Swim Team'as defined below) an-y Managerwhich the goarO
"nl,
deems
capable
of
nanaging the Club Property in a competent and!oprofessiona-l manner so as to protect
the safety of
he Owners and the value of the Club Property. Additionally, the Club shallte authorized
to
;ontract for professional facilities and landscaping maintenanie for
the Club property.
6-3. _ En'lplovees.
lf required, the Club mayhire such employees as maybe necessaryto
the
Club
Property
in
a competent and proiessional manner. All costs (including satary,
'perate
axes and benefits) shall be paid out of Assessments.
q.1.
Lnsurance. The Board may purchase such insurance as the Board may deem
:asonable and appropriate in connection with the operation of the Club property (including
the
iwim Team) and such insurance shall be deemed a general expense
of the Club-payable Uy the
,ssessments.
. ..6.5. Clubhouse Use. The Board may establish from time to time the procedures, rules,
lgulations and limitations on the use of the Ctubhouse by any Owner or permitted
Users.
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6.6.
Oo-enin-q DAte. The Board shall set an opening Date each calendar year and
such
shall be disclosed to the Owners.
6.7.
Swim Team. The Club is authorized to form and operate a swim team for the Club
which will have the rights to use the Club Property for team practices and swim meets (the ,Swiag
Igam). The Board may either conduct the operations of the Swim Team direcily under thefiE
operations or through the use of a Manager to operate the Swim Team. ln all events, the Board
shall control the operations of the Swim Team; provided, however, the Board may delegate
day-today management of the Swim Team to a committe'e or Officer. Without limiting ine torigoing,
tne
following provisions shallapply to the Swim Team:
(a)
The Board shall have the right and authority to impose such rules, regulations and
limitations upon the use of the Club Property by tfre Swim Team, inckiding, withoui
limitation, rules, regufations and limitations regarding:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(b)
(c)
(d)
6.8.
(a)
.
admission requirernents to participate in the Swim Team, including that any
swim Team member be a Permitted User and that all swim Team memberi
pay an additional fee to the Club;
times and dates for the Swim Team's use of the Club Property;
payment of fees and costs relating to the operation of the Swim Team;
appointment of one or more persons to supervise and organize Swim
Team's activities;
the Swim Team's general use of the Club property;
the holding of swim meets, practices and otheractivities hosted bythe Swim
Team at the Club Property.
The Board may elect (at any time) to terminate the Swim Team without any liability
to any Owner or Permitted User.
All properly purchased by or for the Swim Team with funds of the Club shall remain
at all times property of the Club.
Each Owne/s right to use the Club Property shall be subject to the rights of the
Swim Team to exclusive use of the Club Property at such times as the 6oard may
prescribe.
Persons Entitled to Vote on Club Matters.
Menibership in the Club: (i) is appurtenant to and shall not be separated from
ownership of a Residential Lot; (ii) automatically terminates upon the sale, transfer,
or other disposition by an ortner of its ownership of a Residential Lot at which time
the Transferee shall automatically become an Owner of the Club in accordance with
this Declaration; and (iii) may not be sold or transferred other than in conjunction
with the sale or transfer of a Residential Lot to which it is appurtenant.
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(b)
The sole qualification for membership in the Club shall be status as an
Owner of a
Residential Lot' lf a Residential Lot is owned by more than one person, all
such
persons or entities shall be considered collectively as one Owner
for the Residen1al
Lot in question and the Residential Lot shall be intiiled to one vote. lf more
than
one Person owns a Residential Lot or if the Owner is an Entity Owner, such
Owners
or Entity Oryt91sh_all designate in writing one individual to ait on behalf
of all of the
ownersorEntityowneroftheResidentia|Lot(a"@")
whichdesignationsha||beeffectiveunti|revoked.inme|iveredto
the Club designating a new individual to act on behalf of the Owner. The
Designated Representative shall be the only person entifled to cast votes
on behalf
of the Residential Lot and such Designated-Fiepresentative is nereUy authorized
to
give a written proxy to another individuar for any such vote.
(c)
Each
Owner of the Club shall be bound by and shall observe the terms and
provisions of this Declaration, the Articles of lncorporation,
the By-Laws of the Club,
and the Rrl"t and Regulhtions promulgated from time to time by the Club
or its
Board' No Owner shall have any right oi power to disclaim, terminate, or withdraw
from its membership in the Club or from any of its obligations as such Owner
by
abandonment of its Residential Lot or Dwelling Unit or f6r any other reason.
6.9. Votinq Riqhts.
(a) The Club shall have two classes of voting owners: (i) Class A: Class A Owners shall
be all record Owners of Residential Lots, except Declarant; and (ii) Class
B: Cfass B
Owner shall be the Declarant for so long as Declarant owns at least one Residential
Lot.
(b)
(c)
(d)
6.10.
(a)
Each Class A Owner shalt be entitled to one vote for each Residential Lot
owned. lf
an Owner is comprised of more thatone Person or is an Entity Owner,
then the vote
for that Residential Lot shall be exercised by the Designated Ferson.
No more than
one vote shall be cast with respect to any such Residential Lot.
The class B owner shall be entitled to ten votes for each Residential
Lot owned in
the Properties. The Class B owners owned by Declarant for each Residential
Lot
shall cease and be converted to Class A owneis in favor of the successor
Owner on
the happening of either of the following events, whichever occurs first: (i) upon
conveyance of the title of a Residential Lot by Declarant to a successor
Owner oi (ii;
whenever the Class B Owner efects to do sb in a written instrument to the Club.
The Club shall have the right to suspend the voting rights of any Owner (other
than
Declarant) folunY. ne{o{ during which an AssesJment levied -by the Club against
the Owner's Residential Lot remains unpaid.
Manaqement- Board/Officers.
Management of the Club and Club Property shall be vested in the Officers and
Board of the Club pursuant to the terms of tne By-Laws. Except for Owners that are
Directors or Officers, no Owner shall have iny right to effect the day-to-day
management-of.the Club, except as. specifically providld for under the Act oi tne eiLaws. The affairs of the Club shall be managed by the Board. The initial control
and management of the Club shall be entrustJd to an initial Board consisting
of five
15
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Directors selected by the Declarant and such persons need not be Owners
of
Residential Lots (the "Declarant Board"). The beclarant Board shall hold office
until the'lnitial owner Board'(as defined below) is elected.
(b)
on the first Tuesday in October of the year subsequent to both completion of the
Club lmprovements and the completion and occupancy of Dwelling Units on eighty-
five percent (857o) of the total number of Residential Lots ii tne nropjrties
(hereinafter.the"Iglnovgl&d"), the Declarant Board shaltcalland hold an initial
peeling of the owners for the purpose of electing a new Board from the Owners of
the ctub (tle."oqngtpoatd'). sulg m_eeting (tnL lniti"l
1shati
behe|dorithefirstTuesdayonthefirstmonth@afterthe
o*n.
Turnover Event or at such other reasonable time or date not more than-thirty
days
before or after said date as may be designated by written notice of the Declarant
Board delivered to the Ourners not less than ten diys prior to the date fixed
for the
lnitial Owners Meeting.
(c)
(d)
(e)
(f)
(g)
Notwithsta$jry subsection (b), above, the Declarant Board may, in its discretion,
call the lnitial Owners Meeting at any time for the purpose of eiecting the Owner
Board prior to the Turnover Date by delivering written notice to the Owners not less
than thirty days prior to the date fixed for the lnitial Owners Meeting.
At the Initial Owners Meeting, the Owners of the Club shallelect the Owner Board
which shall consist of five Directors. Each member of the OWner Board shall be an
Owner irr Designated Person elected by the Owners. Notwithstanding anything
contained herein, at all times: (i) at teast one member of the Board shall -be an
Owner of a Residential Lot in the Ashwood Creek Subdivision, so longas at least
one Owner of a Residential Lot in the Ashwood Creek Subdivisiori runs for a
membership on the Board; and (ii) at least one member of the Board shall be an
Owner of a Residential Lot in the Ashwood Park Subdivision, so long ai at least
one
Ownerof a Residential Lot in the Ashwood Park Subdivision runs foia membership
on the Board.
Directors on the owner Board shall serve for two year terms commencing on
the
date of electio_n and ending on the second anniversary thereof; proviOeO, h6wever,
that the first five Directors elected to the Owner Boird shall begin a process of
staggering terms and, therefore: (i) the three Directors on the first elecied Owner
Board receiving the highest number of votes shall hold office for two years and (ii)
the remaining two Directors on the first elected Orner Board recelving the lowest
number of votes shall hold office shall hold office for one year only. Th]ereafter, afl
Directors on the Owner Board shalt serve for a two-year term and elections shall be
held as the staggered terms exphe. At all times, the restrictions of subsection (d)
above must be adhered to when electing Directors on a staggered basis.
The By-Laws shall set forth the general powers of the Board and method of
operation of the Board.
There shall be an annual election to fill the offices of the Directors whose terms are
expiring. Said election shall occur at the annual meeting of the Owners (the
"Anlual ,owfrs Meetin{) to be held on the first Tuesday oi october of each year
or at such other reasonable time or date not more than tnirty Oays before or after
said dates as may be designated by written notice of the goard delivered to the
16
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Owners not less than ten days prior to the date fixed for said rescheduled
meeting.
cumulative voting shallnot apply in the election of the Directors. Each Residentiil
Lot shallhave one vote as provided etsewhere in this Declaration. pursuant
to the
Bplaws, the Board shall have the power to fill any vacancy that may occur in their
own number or in any office of the Club. lf any Director fails to attend at least fifty
percent of the meetingsof the Board in any fiscal year, the Board may, in
its sole
discretion, declare the office vacant.
(h)
The regular meeting of the Board shall be held immediately after and at the same
place as each Annual.Owners Meeting. The Board miy establish a
regular
schedule ol interim meetings throughoutlhe calendar year anO saiO schedule shall
be made available to the Owners as the Board deems appropriate. Speciat
meetings may be called on the order of the president or on the motion in writing of
majority of the Directors. At least two days notice of such special melting,
specifying its purpose, shall be given by mail or personal service to each Directoi.
A majority of the Board shall constitute a quorum for the transaction of business and
the action of a majority of such quorum shatl be the action of the Board. lf a quorum
is not present, a lesser number may reschedute the meeting to another date.
;
(i)
0)
The Officers of the Club shall be president, vice president, secretary, and treasurer.
They shall all be Directors and elected by the Directors at the regulir meeting of the
Board subsequent to the annual election of Directors and shall liold their resf,ective
office for one year and/or until their successors are elected and qualified. The
officers shall !e subject to the control of the Board and may be removed by the
majority of the Directors at any regular meeting or any special meeting called fol tnat
purpose. The Board may elect such other Officers as it deems necessary. The
Officers shall exercise their functions according to the By-Laws of the Ctub.
The Directors of the Board (including the Declarant Board and the subsequent
Owner Boards) and the Officers of the Club shall not be liable to the Club for any
mistake of judgment or acts or omissions made in good faith while acting in their
capacity as Directors or Officers. The Club shall indlmnify and hold harmless the
Directors of the Board and. the Officers against all contractual liability to others rising
out of contracts made by them, unless such contracts shall have been made in bai
faith orwith knowledge that same was contraryto the provisions of this Declaration
or the By-Laws. All contracts and agreements entered into by the Board or Officers
shall be deemed executed by said parties, as the case may be, as agents for the
Ctub.
(k)
6.11.
In the eventof anydisagreement between the Board and any Ownerof the Club as
to any questions or interpretation or application of the provisions of this Declaration,
the By-Laws, the Rules and Regulations or any other matter related to the Club,
then the determination thereof by the Board shall be final and binding on each and
all such Orners of the Club.
Meetinos.
(a)
The InitialOwners Meeting and Annual Owners Meetings shall be called and held in
accordance with the terms of this Declaration and the By-Laws. The p-urpose of the Initial Owners'
Meeting and all subsequent Annuat Owners Meetings shall be to eieci Directors for the Owner
17
R2nir5c[552r]
Board and to conduct Club business. Notice and quorum forAnnualOwners Meetings shall be as
set forth in the By-Laws
(b)
Specialmeetings of the uotiry Owners may be called at anytime forthe purpose of
considering matters which by the terms of this Declarationrequire the approval of all or some of the
voting Owners, or for any other reasonable purpose (a 'special Owners MeetinE"). A Special
ownersMeetingmaybecalledbythepresident,tneeo@having,inthe
aggregate, not less than twenty percent of the total votes of the Club. Special Owners lri'eetings
shall be held as provided in the By-Laws. Notice and quorum forSpecial (i,yners Meetings shail 5e
as set forth in the By-Laws
(c)
Unless otherwise expressly provided herein or required bythe General Not-For-profit
Corporation Act or the Articles of Incorporation of the Club, any action may be taken at any meeting
of the voting Owners at which a quorum is present upon the iffirmative vbte of the voting Owneri
having a majority of the total votes present at such meeting. Unless agreed to by the Boird, there
shall be no recording (whether audio, video or othenrise) of Club meetings.
6.12. Loans and Encumbrances. The Club may not obtain a loan, whether secured or
unsecured, or encumber the assets of the Club without approval by the majority of the Owners
present in person or by written proxy at a meeting called for this purpose. The presence in person
or by proxy at said meeting of not less than forty percent of the total Owners shall consiitute a
quorum for such a vote. However, said loan or encumbrance must be approved by not less than
forty percent of the total Owners of the Club. This provision shalt not restrict the power of the Board
or the Club to contract for goods or services in the ordinary course of the Club's operations. This
provision may not be amended except by approval of not less than fifty percent of the total Oryners.
.
q.13. nubs anO nequlatl The Board shall have the authority from time to time to
adopt rules and regulations goveming the administration and operation of the Club property, subject
to the terms of this Declaration.
ARTICLE 7
DECLARANT OBLIGATIONS AND RIGHTS
.
1,1.
OUliqatl
. Declarants herebyagree to undertake and payfor
lmprov
which are defined as the construction of the foliowing
Oectamnt
the 'lnitial Glub
improvements upon the Club Property: (a)construction of the Pool and installation of all equipment
and facilities servicing the Pool; (b) construction of the Ctubhouse; (c) construction of the
surrounding improvements including decking and playcourts; (d) installation of vegetation, grass
and landscaping; (e) fencing for the Club Property; and (f) construction of parking, curbs, sidewalks
and required illumination thereof. Declarants shallconstructthe InitialClub fmprovements pursuant
to plans and specifications obtained and approved by Declarants and the initial Board which shall
be in conformitywith all applicable governmental regulations. Declarants shallhave no continuing
obligation to maintain, repair or replace the Initial Club lmprovements after their completion.
7.2.
Declarants as Owners. Each of Macom and CresMew (and their respective
successors and assigns) shall be deemed to be Owners of the respective Residential Lots which
are created upon their respective portions of the Properties regardless of whether either shall
construct Drelling Units upon said Lots. Until finally subjected to a plat of subdivision for the
Ashwood Creek Subdivision, the Parcels AC shall be deemed to be comprised of 189 Residential
Lots. Until finally subjected to a plat of subdivision for the Ashwood Park Subdivision, the Macom
Parcels shallbe deemed to be comprised of 287 Residential Lots and the CresMew Parcels shall
18
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i+
be deemed to be comprised of 261 Residential Lots. Until finally subjected to a ptat
of subdivision,
the Parcel rH shall be deemed to be comprised of 25 Residential Lots.
, _7.3- Regoursg to Propertieg. Notwithstanding anything to the contrary contained herein,
each Owner hereby acknowledges that any liability which Declarant may at any time or in any
manner may have hereunder shall be limited to the Declarant's interest inthe properties. ln thai
regard, any judgment or claim which an.owner may hold against a Declarant for any reason
shall
be exercised only against the Declarant's respective intereJt in the Properties anO
not againstany
other assets of the Declarant.
.4.
7
Conv-evqnpe of Club Prooertv to Club. Prior to the Turnover Event, Declarants shall
convey to the Glub fee title to the Club Land and alt improvements constructed thereon, free
and
clear of any mortgage or mechanic's liens.
7.5. EaserEents.. For the purpose of constructing the Initial Club lmprovements,
Declarant reserves the right to grant such covenants, restiictions, conditions, reseryations,
easements, charges, and liens as may be reasonably required. Granting of easements for the
installation, construction, reconstruction, maintenance, repair, operation, aid inrp"ction of sewer,
water, gas, drainage, electric, telephone or other public utility services shall'be reserved by
Declarant in and to all of the Club Property.
lurther, any additiohal easements for such purpor",
mgV be granted by the Declarant and/or the Board at any time for the purpose of obtaining such
utility services. The provisions of this Declaration concerhing rights, violations, enforcemeit, and
severability are hereby made a part of the foregoing provisions retating to perpetual sewer, water,
gas, drainage, and other easements, and notwithstanding any amendrireni to bny other provisions
of this Declaration, the aforesaid easement rights contain-ed herein shall be perpetual and run with
and bind the land forever.
7.6.
General Riqhts. Prior to conveyance to the Club, the Declarants shall have the right
to execute all documents or undertake any actions affecting the Club Property which in their s6b
opinion are either desirable or necessary to fulfill or implemlnt, either direcgyoi indirectty, any of
the rights granted or reserved to it in this Declaration.
7.7
Declarant Facilities. The Declarants shall have the right to maintain sales facilities
on the Club Property without payment of any rent or other fee oi charge therefor during the
construction and sales period for the Club. The Declarants shall also have the right to erecl and
maintain any and all signs in connection with the development of the Club property and the
advertising of Residential Lots (solely for Ashwood Creek Subdivision, Ashwood Parf Subdivision
or Parcel TH) forsalewithin the Club which the Declarants determine in theirsoleopinion are either
desirable or necessary for the development of the properties.
. 7-8.
Qeqfarant AmenCments. The Declarants shall have the right to amend this
Declaration in whole or in part without compllng with Article 10 of this Declaratlon. This right shall
oease upon the election of the initial Owner Board.
Prope!'tv ldentified Herein. The Properties are and shallbe held, sold, conveyed,
- 8.1,occupied,
ransfened,
mortgaged, and encumbered subject to this Dectaration, including all reai
rroperty identified and legally described in EXHIBIT A, including all Lots existing or liereafter
;reated thereon.
19
8.2.
(a)
(b)
AdditionalPropertv.
The real property described in EXHlBlr hereto ('Additional propertlr)
E
shall be
subjected tg
terms
provilions
and
oiThis
oecraEli6iTi6ifiJiling
lng
of a final
plat of subdivis.ion by (a) the Harris Trust on Parcels
Ac2 ano ncg, fb) Macom on
Unit 2 South, Unit 3 South, Unit 4 and Unit 5 and (c) Crestvie*
on Unit z North and
Unit 3 North, provided the Additional Property is or shall ue oevelop"d'fo,'
Dwelling
Units.
In order to subject the Additional Property to this Declaration, the
Owner of the
oeint aooed shallexecute and record a
respective lortion of the Additional proberty
supp|emental.dec|arati9n(a"@1wnicnsnar|indicatethe
actionbeingtakenandwhichsn@iiptionofiheAdditiona|
Property. Upon execution and recordation of a-Supplemental Declaration,
the
Additional Property covered therein shall be subject to this Declaration
and such
shall run with and bind the Additional Property covered by the Supplemental
Declaration and shall inure to the benefit of and be the personal
oUrig"tion of
owne(s) of the-Additional Property in the same manner and to the same extent the
and
with the same force and effect as they apply to the Properties as if
the Additional
Property were subjected to this Declarationon the date of its
recorJ"iion. Upon
recordationof the Supplemental Declaration, the Additional prop"rty
snall become
Properties hereunder and each Additional Owne(s) shalt
beco'nr"
Owner
hereunder. Each Additional Owner(s) shatl be a member of the
Cfub on"n
the same
terms and subject tothe_same qualifications and limitations as those
O*n"r,
under
the provisions of this Declaratiol, tn all respects, all of the ptoulrion, of
this
Declaration shall apply to the Additional Properg covered in
any Supplemental
Declaration and to the owners thereof with equai meaning
ano of like force and
effect.
(c)
furtherance of the foregoing, a power coupled with an interest is hereby granted
to the Club, its successors and assigns, as attorney in fact, to increase
the number
In
of owners as set forth in each. such Supplemental Declaration. Each deed,
mortgage, or other instrument with respect to any portion of the properties
and the
acceptance thereof shall be deemed a grant and acknowledgmentof
such power to said attomey in fact, and its successors and assigns,"nJ
"oni"niio
and
shall be
deemed to reserve to it, and its successors and assigns, the pow6r
to increase the
number of owners upon recordation of a Supplemeital'Declaration
as aforesaid.
(d)
(e)
No S-upplemental Declaration shall be deemed or shall constitute a divestment
of
any Owner of its interest in the Club as hereinabove provided. Each and
all of the
provisions of this Declaration and the exhibits attached
hereto, as amended byeach
successive Supplemental Declaration, shall be deemed to apply to each andevery
Owner. The recording of a Supplemental Declaration shall not alter or affect the
amounts of any liens or common expenses due from any existing Owner prior
to
such recording, northe respective amounts theretofore assessed to or due from any
existing Owner for Assessments.
Each and every owner, and their respective mortgagees, grantees, heirs,
administrators,. executors, legal representatives, successors and assigns,
purchasers and lessees by their acceptance of any deed
or morttate or other
interest in or with respect to any portion of the Properties: (i) shall SeieemeO
to
20
;?Zn:r Ii.,lil 55Zl+
have-expressly agreed, assented, and consented to each and altof
the provisions of
this Declaration with respect to
recording
o_f any supplemental Declaration; (ii)
lhe
agree to each and all of the provisions of each SupplementalDeclaration
wnicn mly
hereafter be recorded in accordance with the foregoing- provisions
of this
Declaration; and (iii) upon recordatio.n_of any such Suppre"meniaioectaration:
1n1 alt
of the Properties and any AdditionalPlope'rty_shall be gou"rn"d in
all resfe.t, Uv
the provisions of this Declaration; and (B) the ctub res"irer the right
for itself and iti
successors and assigns to amend this Dectaration in such manner,
and each Owner
agrees to execute and deliver such documents, as may be necessary
or desirable to
cause the provisions of this Article 8 to be carried ouiin full.
(0
Upon any Additional Property. being subjected to this Declaration pursuant
to this
Article, then the following provisions shaliapply and shall Ue Oeemei
to be a bindint
amendment to this Declaration:
(i)
the number of Owners shall be increased by the number of Additional
Owne(s) of Residential Lots included in the Aooitional property and the
number of votes shall likewise be increased;
(ii)
(iii)
the Assessment shall be allocated equally against all Residential Lots within
the Properties and the Additional property; and
all provisions of this Declaration shall apply to said Additional property.
8.3-
qurden Upo4.the Prooertv. The Declarants declare that
this Declaration and the
covenants, restrictions, conditions, reservations, easements, charges, and
liens established herein
shall be covenants to run with the Properties. Said covenants and restrictions
shall inure to the
benefit of and shallbe binding upon each and every Owner and his or her respective
mortgagees,
heirs, administrators, executors, legal representatives, successors and assigns, purchasers,
and
lessees. By the recording or acceptance. of the conveyance of property
ot
inierest therein, the
)erson or entity to whom such interest is conveyed shall be deemed to accept
"ni and agree to be
round by the provisions of this Declaration
8.4.
Non-Sev-e.r.ahilitv of Riqhts. The rights, liabilities, and obligations set forth
herein
;hall attach to and run with the ownershfiof the Properties and allof the L6ts as
more specificalty
;et forth below, and may not be severed or atienated from such ownership.
9.5,
Lot 73 i4 P.arcel AC1. A cellular telephone antenna currenfly exists on Lot 73 in
)arcel. AC1 and, as such, is not
a residential Lot. Upon removal of said antenna and conversion of
;aid Lot to a Residential Lot hereunder, said Lot 7i shall become fully subject
io the provisions of
his Declaration. Untilremovalof said antenna and conversion of said Lottir
a Residential Lot, said
'ot 73 shall not be subject to any Assessments hereunder (whether Regular Assessments or
ipecial Assessments), inespective of any other provision or reference to i-he contrary
contained
rlsewhere within this Declaration.
-
ARTIGLE 9
RIGHTS OF MORTGAGE HOLDERS
Anything in this Declaration to the contrary notwithstanding, the following shall be applicable
tith respect to any institutional holder of a mohgage lien
of ricoro on
Lot (a
Vlortqaqee") which is subject to the terms hereof.
""v-n"sidentiai
21
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9'1'
Notice. The Club shall, if so requested in writing by any Mortgagee,
give written
notification as follows:
(a)
(b)
notice of any default of the. owner of any Residential Lot
which is the subject of such
mortgage, if such default is not cured within thirty days after
its occurrence;
five
dap
prior written notice of any annual or special meeting
of the Club (and such
Mortgagee may designate
a
representative
to attend s--aiO meeting, but the
Mortgagee shall have no right to vote unless it has become
an Owner);
(c)
notice
9f linv proposed amendment to the Declaration or By-Laws which will
substantially alter the administration of the Club or Club property,
the Assessments
or collection thereof, or any other material matter.affecting
the cllo u. gou"111"d oy
the terms of this Declaration. Such notice shall be given-at
aasi ten days prior to
the submission of same for approval by the Ownerj
The request by a Mortgageefor any or all of the above notices may
be submitted in writing to the
Club via the Board and in such event, the giving of such notices shall
continue untitsuch time as the
Mortgagee shall request the same to be ierminated, or until the interest
of the Mortgagee in the
property is terminated, whichever shall be first in time.
9'2'
Claims forAssessEentq. Any Mortgagee of record who takes tifle
to a Residential
pirjuant to remedies provided in such mortgage
(including foreclosure, or a deed or assignment in lieu thereoq
srrariiarie possersion free of any
claims for unpaid Assessments or charges which may have accrued prior
to the date of such
possession; provided, however, that such mortgagee inatt
ue liable fof a
share of such
Assessments and charges if the Board shall elecito reallocate same
among all the Residential
-ots.
Lot or comes into possession of a Residentiaj Lot
p*t"
9'3'-
Books an4 Records. Any Mortgagee of record of a Residential Lot
shall have the
'ight, upon five business days written noiice,
to eiamine anyand a[ books and records of the Club
It any time during normal business hours, and shall be entiited to receive, at
iis iequest, a copy of
lny and all annual financial statements within ten days from the date
of rult
or the date of
-' ' .r"qr"st
-rrreparation of such statement, as the case may
be.
ARTICLE 1O
AMENDMENTS
.
.1911. A.mendmenJF. The provisions of this Declaration may be changed, modified, or
escinded byan instrument in writing setting forth such change, modification,
orrJscission, certified
ty th! Secretary of the Board. Said chang-e, modification,
o-t rescission shall be approved by not
:ss than thirty percent of the total Owners unless a highei percentage for
certain amendments is
equired by s.pecific provisions of this Declaration. ThJe shall be an 6wners
meeting called forthe
'Urposs of discussing the proposed change, modification, or rescission and the ioting may be
ither in person or by written proxy.
1.0:2. Ngtice of AnLendment. Any change, modification or rescission, accomplished under
te pro-visions of the preceding paragraph, shallbe effective upon recordationof
such instrument in
te office of the Recorder of Deeds of wilt county, lllinois.
22
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5521
10'3' Riohts of Declarant. No amendment which shall adversely affect
the rights of the
Declarant (including, out not limited to, easement rights,
voting rights, the right to maintain safes
facilities, signs, and access for construction set r"riliiriirir
Declaration) shall be effective without
the Declarant's express written consent thereto.
ARTICLE 11
ceneFffibTiblorus
11'1' Duration. The covenants, restrictions, conditions, reservation, easements,
charges,
and liens as delineated in this Declaration shall run with and bind
the land-so as to insure the
owners of Residential Lots full enjoyment and benefit of the cruu piopertlr
inir Declaration shall
inure to the benefit of and be enforceable by the club, or
ir,L owneroi.ni'nlrii"ntial Lot subject
to this Declaration, their respective grantees, heirs, adminiitrators,
executors, legal representatives,
successors and assigns, for a term of thirty years from the date
tlris Oeclaratio"n is recorded, after
which time these covenants, restrictions, conditions, reservations,
easements, charges, and liens
shall be automatically extended for successive periods olten years
unless an instrument signed by
the then owners of seventy-five percent of the Residential
Loti agreeing to change said covenants,
restrictions, conditions, reservations, easements, charges, ano
liens iriwhole or in part. No such
agreement to change shall be effective untess made a-nd recorded
three years in advance of the
effective date of such change and unless written notice of the proposed
agreement is sent to every
owner at least ninety days in advance of any action taken
1.1'2' Ngtices- Any notice required to be given to any Owner under the provisions of this
Declaration shall be deemed to have been properly-given if said notice
was either (a) sent by mail
with. postage prepaid to the last known addresi otine person
or entity who appears as the owner
on the records of the Club at the time of such mailing dr (b) personally
delivered to the last known
address of the person or entity who appears as the owner bh tn" records
of the club at the time of
such delivery. Notices for any Board Meeting or Special Membership
Meeting shall be given in
accordance with the provisions contained in the By_Laws.
.
1'3' .Leaiin? :of D,ryellin . l! any owner shall lease his Dwelling Unit, the owner shall
J
remain bgund by all obligations set forth in tliis Declaration and this
Declarition shall be binding
upon such lessee or Occupant.
.
1.1'4' niqhts and obliqat .
grantee by the acceptance of a deed of conveyance,
and each purchaser under any contractFq.h
for such deed or other'convey"nce,
the
subje-ct to (a)all covenants, restrictions, conditions, reservations,
""tepts and liens,
easements, charges,
and the jurisdiction, rights and powers created by this Declaration,
benefits and
iuy
rrivileges of every characterhereby granted, created, reserved or "no
"lirigntr,
oeclir6d.
nit impositions and
rbligations hereby imposed shall be deemed and taken to be covenants
running w1h the land, and
ihall inure to the benefit of such person in like manner as if he had
been tne orijinar grantee under
he de.ed of conveyanle o.l any mortgage or trust deed or other
evidence orooiii"tion, to the rights
lescribed in this Declaration, and shal be sufficient to create and
reserve such easements and
ights to the respective granteeg, mgrtgagees and trustees oisuch
owners as iullyano comptetely
ts though such rights were recited fully ind set forth in their
entirety in such doclments.
.
irrd
]
1.5-
LiberalConstructign. The provisions of this Declaration shallbe liberaily construed
o effectuate its purpose of creating a recreation ctub of high qual1y
and character.
.11.6..TheDec|arantcovenantstoabidebyeach
covenant, restriction,
rnd every
conOition,
reGrvatioi, easement, charge, and tien set forth herein
23
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and agrees that all conveyances shall be subject to this Dectaration as though
each and every
provision herein was set forth in each and every deed or document
arectint tile to the F.p.rti.
the event the Club is dissolved, the
:7:
ownersofResidentia|Lotsinthe@provisionscontaineoherein,"g.iiing
11
Cpvq.nqnt
i.n
Fvent qf DissgJution of thg Club. In
maintenance, repair, and replacement in the CJub Property shall still apply
anJ that those provisions
of this Declaration shall be in full force and effect. piior io the dissoiution
of the Club, provisions
shall be rnade as to how the responsibilities and obligations of the Club shalj
oe handled by the
Owners of Residential Lots.
11.8. Pr-qoertY ownershio in Trust. In the event title to any Residential Lot is conveyed
to
a title-holding trust, under the terms of whictr all powers of management,
operation and control of
the property remain vested in the tnrst beneficiary or beneficiaries,'then
the blnenciaries thereunder
from time to time shall be responsible for payment of all obligations, liens
or indebtedness and for
the performance of all agreements, covenants and undertaklngs chargeaore
oi created under this
Dec,f,aration against such Residential Lot ownership. No claim
if,"ll U""r"o"
holding trustee personally for payment of any lien or obtigation hereunder created
and the trustee
shall not be obligated to sequesterfunds or trus_t propertito apply in whole
or in part against such
lien orobligation- The amount of such lien-orobligation sirallcontinue to be
a charge or a lien upon
the Residential Lot and the beneficiaries of such tiust notwithstanding any
transfers of the beneficiaf
interest of any such.trust or any transfers of title to such Residentia'i toi. tn
the event that tiile to
any Residential Lot is conveyed to a land trustee, upon the demand of the
Club, the trustee shall
furnish the Club with.a certifi6d copy of the trust agreer"nt ro that the Club
shall be advised of the
beneficiaries entitled to vote and who will be perJonally liable for the Assessments.
i;il;;y;;
ili;
Te.mingtion
of=Festrjction.. No action by the Club or an owner, whether by
.11.9.
amendment or otherwise, shall be effective
!o remove any Residential Lot within any portion of the
Properties (once subjected by recording to the
terms hereof) from the terms and conditions of this
Declaration, without the express written consent of a majority of all of the
Mortgagees, which
consent shall not be unreasonably withheld.
11.10- Fines. The Board of the Club shall have the right to establish and levy
fines against
an owner (upon giving such owner notice. and an opportunif to be heardy roi
an iniraction 6r.ny
(a).rule orregulatiol groTylg3ted by the club or Boarb, (b) requirementseiforrr
in this Declaration,
or (c) provisions set forth in the By-Laws of the Club. '
1 1 .11 . Enforcement. Enforcement of these covenants,
restrictions, conditions, reservations,
easements, charges, and liens shall be by
proceeding at law or in equig against
p"*on oi
?ny
persons violating or attempting to violate
any covenant, restriction, LoriOition,"ny
riservation,
easement, charge, or lien, either to restrain violation or to recover damages, and
against the land to
9n{or9e any lien created bythese covenants and restrictions. All reasonible costJof enforcement,
including litigation expenses, title reportsand attomey's fees, shall be paid
by the person violating
or attempting to violate any covenant and restriction ind any judgmeni
or Aecree shall so provid6
ior payment of these reasonable costs. Failure by the Declarant, the club
or any owner of a
Residential Lot to enforce any covenant or restriction herein contained shall
in no event be deemed
a waiv.er of the right to do so thereafter. No covenants, restrictions, conditions,
obligations or
rrovisions contained in this Declaration orthe By-Laws shall be deemed to be
abrogated orwaived
)y reason of any failure to enforce same irrespettive of the number of violations
or Sreaches which
nay have occurred. The Declarant reserves the right to enforce these covenants, restrictions,
:onditions, reservations, easements, charges and liens for so long as they
shall exist. lf an Owner
>f a Residential Lot fails to pay any fee, charge or fine imposed
6y the tioard or the Association,
24
R?ilti 5ij{1 552t+
then same may be considered as an additionalAssessment
applicable to said Residential Lot, and
enforced against said Residential Lot as provided nerein,.-
-rr"Y--'v
'
.
11'12' Severabilitv. Invalidation of any one of these covenants,
restrictions, conditions,
reservations, easements, charges or liens- by judgment or court
order shall in no way affect any
other provisions which shall remain in fullrorte ario effect.
11.13.
. This Dectaration shall be
governedbyandconstruedinaccordancffirtnestateof||tinois,without
reference to the confficts.of laws or choice of law provisions
thereof. 1e iittes of sections and
subsections herein have tieen inserted as a matter br convenience
of t"r"t"*" only and shall not
control or affect the
meaning or construction of any of the terms or provisions
herein. All references
herein to th9 singular shall include the plural, and uice u"rr".
All references to the masculine
gender shall include the feminine gendei and vice u"rr".
.1.1'14' Ng Waiver. The failure of the ctub to exercise any right given hereunder to insist
upon strict compliance with an owner's obligations hereunder,
nor any custom or practice of the
club at variance with the terms hereof, shalfnot constituG a waiver
orine club,s right to demand
exact compliance with the terms hereof.
1 1'15' Joint Actign Bv Deglarant. whenever
an action or decision is required or permitted
to be taken by Declarant hereunder, such action or decisions
shall be undertai<en only upon the
unanimous consent of Macom and cresMew (or their reifective
successors
ind assigns).
11'16' Trustee Exculoation. This Declaration is executed by the
undersigned rrustee, not
personally, but solefy as trustee in the exercise of
the por"r and authority confened upon and
vested in it as trustee of the below referenced trust. lt
isLipressly understood ano agreed that all
of the warranties, indemnities, representations, .ou"n"ntrlundertakings
and agreements herein
made on the part of the Trustee are undertaien uv it .oi"lv
in
itJ
caiacit
trustee and not
personally' lt is further understood and agreed that ihe
Tiusiee.merely holds tige to the property
described herein and has no agents, empl6yees or .oniriover
the management of such property
and.no.knowledge of other faclual matters except as represented
to
of the
trust' No personaf liability or personal responsibiiity is aslumed by it by the beneficiaries
gme be asserted
or sh;ft
or enforceable against the Trustee on account
*a"-nty, ino"rnity, representation, covenant,
9r gv
undertaking or agreement of the Trustee in this
odcraia$on.
;t
;i;t
[remaind_er of page intentionally left blankJ
[signature on next page]
25
,?2fti,
lN wlTNESs WHEREOF, the undersigned owners and Dectarants have
caused this
Declaration to be ex-ecuted by their legally authorized officers, whose signatures
are hereunto
subscribed and to affix its corporate seil oir the day first above written.
EXCL}LP-1T O RY
SqJ'SJ'E CT T O
RIDEF ATTAC}{ED
OWNER:
OWNER & DECLARANT:
HARRts rRusJ ANp.q.&vLt{.gs BANK,
AS TR Us TE E4&IF bEi+ffiu6,ili
AGREEMENT DATED MAY 7,2004
AND KNOWN AS TRUST NUMBER
THE MACOM CORPORAT|ON, a Delaware
corporation
HTN-3127
By:
Name:
Title:
By:
President
Name:
Attest
OWNER & DECLARANT:
CRESTVIEW BU|LDERS, lNC., an lilinois
corporation
By:
Name:
Title:
26
'pl,eside-nr
R2fii"i5lil]:j5zl+
STATE OF ILLINOIS
)
) SS.
COUNTY OF DUPAGE
)
I' the undersl.gleg' a Notary Public, in and for the County and State aforesaid,
DO HEREBY
CERTIFY, that Paul J..Lehman, personally known to me to be the president
of THE MACOM
coRPoRATloN, a Delaware corporation,. and personally known to me to be the same p"rron
whose name is subscribed to the foregoing instrument, appeared before me
this day in person and
severally acknowledged tfat as such President, ne sig#O and delivered the
said instrument as
President of said corporation, pursuant to authority given by the BoarJ oioirectors
of said
corporation, as their free and voluntary act, and as [ne free and voluntary act
ano deed of said
corporation, for the uses and purposes therein set forth.
Givenundermyhandandofficialseal,this
jL
dayof
Savrr,o\,2005.
OFFICIA! SEAL
REBECL,'.,
NOTARY
1)O.9T9N
PUci ., UIATE OF ILUNOIS
MY COLlMlSSl0rt EXPIRES 7-l 7-2005
STATE OF ILLINOIS
)
COUNTY OF DUPAGE
)
) SS.
l, the undersigned, a Notary Public, in and for the County and State aforesaid,
DO
'-'
- 'HEREBY
OERTIFY' that
personally known to
io u" tn"
@
r"
J
i*",di
cREsw|EWBmbi".o'poi"tion'anopersona||yknowntometobethesame
)erson whose name is subscribed to the foregoinq inshument, app-eared before
me this day in
)erson and severally acknowledged that as such Pvslia."-,.-e ' he signed
and delivered the
,
;aid instrurnent as
of said corpora[ion]Eursuant to auth6rity given by the Board
rf Directors of saioTorporationZs tneir free anci votun-ta'ri act, and as the frjeino voluntary act
rnd deed of said corporation, for the uses and purposes t-herein set forth.
Y*-sd:*x
Givenundermyhandandofficialseal,
this lL
Notary Public
-. ntfl*^-.ttot
da:.
OFFICIAL SEAL
|(AREN MAXAM
''r]l.tc, sTAtl oF [,[nFrg
-:,r
27
EXpBES:O|I0|F!
2005.
R2Si;5;IiSZh
STATE OF ILLINOIS
)
)
COUNTY OF DUPAGE
ss.
)
l, the undersigned, a Notary Public, in and forthe Countyand Stateaforesaid,
DO HEREBY
CERTIFY' that n#{.lacSlflfl.l.
vo:ket p"nonJiv ino,"n to me to be
authorized officeffi
nr,rffieANK, AS TRUsTEE UNDER TRUsr
AGREEMENT DATED MAY 7, 2OO4 AND KNoWN AS TRUsT NUMBER
HTN-3127 and
personally known to me to be the same persons whose names are
subscribed to tfre roregoing
instrument, appeared before me this day in person and severally acknowieJgeo
that, as such
officers, they signed and delivered the said instrument as officers 6r iaio corporation, 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 tire uses and purposes
therein
set forth.
Given undermyhandandofficiatseat,
this /#\\
Notary
aaV
ot
#yul d,ur-,200/t
P--^ L. t)=--
Public +_+++++_++
NOFF]CIAL SFALX
J
}
ii -,,H:!iili',;,,ffilftL,
I
oF wrLL
couNTy
t
L][9ge,gJ{u.:6jyg:
28
RZSjr5rj0SSZr$
EXHIBIT A
..PARCEL
ACl'
LoTs 1 THRoUGH Tgr lNcLUSlVE, LoTs 83 THRoUGH 89, tNcLUStVE, LoTs
103
THROUGH 122, lNcLUSlvE, AND Lors 127 THRoucH 144, [.tcLusvE.lru
nsHwooo
CREEK suBDlvls-lgN uNlr 1, BETNG A suBDrvrsloN or pAnr or
iHE'r.roRTHEASr %
OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 9, EAST oF THE THInb
PRIN.IPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER
27, 2OO4 AS
DOCUMENT NUMBER R2004.196971, IN WILL COUNTY, rrtIr.rOrS.
.UNIT 1 SOUTH"
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP
37 NORTH,
MNGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEGINNING AT THE NORTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 17 AND
RUNNING THENCE
SOUTH 0"-22'-26" EAST, ALONG THE EASTERLY LINE OF SAID SOUTHEAST
QUARTER,
1323.04 FEET;THENCE SOUTH 89o-53'-39'WEST, 22B.gE FEET; THENCE
NORTH S7o_25,_
12" wEsr, 42.12 FEET;THENCE NoRTH 91"-21'-43' WEST, 112.12FEET;THENCE
sourH
89'47'-25" wEsr, 802.11 FEET; THENCE sourH 0"-12'-3b' EAST, 30.00 FEET; THENCE
sourH 89-47'-25" WEST, 150.00 FEET; THENGE NORTH o"-12,-3s'ryEST, gs.oo FEET;
THENOE sourH 89-47'-zs' wEsr, go.0o FEET; THENQE N9RTH oo-12,-3s"
ryEST, 934.10
FEET; THENCE NORTH 89o-53'-38" EAST, 302.28 FEET, TO A pOtNT OF
CURVE; THENCE
NORTHEASTERLY, ALONG A CURVE WHOSE CENTER LIES NORTHERLY AND
HAS A
RADfUS OF 282.00 FEET, M2.97 FEET, ARC, (CHORD BEARTNG NORTH 44"-53'-36"
EAST,
398.81 FEET, cHoRD); THENCE NORTH 0"-06'-26" WEST, 3.99 FEET, To rHE NORTH
LINE OF THE SAID SOUTHEAST QUARTER; THENCE NORTH B9o-S3'-37' EAST, 800.57
FEET, MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN WILL COUNTY,
ILLINOIS.
..UNIT
1 NORTHO
LOTS 1 THROUGH 109, INCLUSIVE, IN ASHWOOD PARK NORTH PHASE 1, BEING A
SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP
37
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT
THEREOF RECORDED DECEMBER 30, 2OO4 AS DOCUMENT P;jAOqZ33 301, tN WILL
COUNry,
ILLINOIS.
-
o?- ol- l'7-l@-@6-m
oJ -ol - t-t - ,lo-oo\_eo
t-t - 4* -o t I _orco
* r -- oto.,_ r7 _
40._ d), _wo
-rr-w-ot;-h
2-o,
t7 -ol
- oB- L/@ -&7 ^owo
_,
oJ-el -06 -t/o<t/ -woo
o!
- 11 -.;.oo -oo3-@
01-ol -2s.-ecr'-@a_
@
o]- ol -)o-Z@-qr.)-t%@
O7- et AO
o7-et -id- -aqt-og-@
A@-q _@
O1=Ol -A6l-?e-o6&O
il2ni:5i.iij IIZL
EXHIBIT B
"PARCEL AC2'
THAT PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 37
NORTH,
RANGE 9 EAST OF THE'THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING
AT
THE NORTHWEST CORNER OF LOT IZ?INASHWOOD CREEK SUEOIVISION
UNIT 1,
BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SA]D SECTION
20
ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT R2004.196971,
IN
WILL COUNTY ILLINOIS, SAID POINT ALSO BEING ON THE SOUTH LINE
OF THE NORTH
954.56 FEET, AS MEASURED ALONG THE EAST LINE THEREOF, OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE SOUTH O'.
06'-19" EAST, ALONG AWESTERLv LINE oF sAtD uNtr 1, n otsrArucE oF 12s.oo
FEET;
THENCE SOUTH 89o-53'-41" WEST, ALONG SAID WESTERLY LINE, 19.44 FEET;
THENCE
SOUTH 0"-06'-19" EAST, ALONG SAID WESTERLY LINE, 191.00 FEET; THENCE
SOUTH
89o-53'-41" WEST, ALONG sAlD WESTERLY LINE, 160.00 FEET; THENQE sourH
s8o-oo'18'WEST, ALONG SAID WESTERLY LINE, 94.22 FEET; THENCE SOUTH Z7o_24,_34"
WEST, ALONG SAID WESTERLY l|NE,82.85 FEET;THENCE SOUTH 4Zo-gS,-20"
EAST,
ALONG sAlD wEsrERLy L|NE, 124.4T FEET, To A potNT oN CURVE: THENCE
SOUTHWESTERLY, ALONG SAID WESTERLY LINE, ALONG A NON.TANGENT
CURVE
WHOSE CENTER LIES SOUTHEASTERLYAND HAS A RADIUS OF 343.00 FEET,
219.87
FEET, ARC, (CHORD BEARING SOUTH 29".02'.54' WEST, 216,11 FEET, CHORD),
TO A
NORTHERLY LINE oF sAtD UNtr 1; THENCE NORTH 7g-18,-s2" wEST, ALoNG
sAtD
NORTHERLY LINE, 1s7.9T FEET;THENCE sourH ts"-or,-31, WEST, ALONG
sAtD
NORTHERLY LINE, 119.78 FEET; THENCE SOUTH B9o-51,-13" WEST, ALONG
SA|D
NORTHERLY LINE, 372.26 FEET; THENCE SOUTH 696-12,-02" WEST, ALONG
SAID
NORTHERLY LINE, 66.00 FEET, TO A WESTERLY LINE OF SAID UNIT 1: THENCE
NORTH
20"-47'-58" WEST, ALONG SAID NORTHERLY LINE, 33.67 FEET, TO A POINT OF
CURVE;
THENCE NORTHERLY, ALONG SAID WESTERLY LINE, ALONG A CURVE WHOSE
CENTER LIES EASTERLY AND HAS A MDIUS OF 333.00 FEET, 74.02 FEET, ARC,
(CHORD BEARING NORTH 14-25'-54" WEST, 73.86 FEET, CHORD); THENCE
SOUTH 82.23'-'19" WEST, ALONG SAID WESTERLY LINE, 129.04 FEET; THENCE NORTH
0o-21'-33"
WEST, ALONG SAID WESTERLY LINE AND WESTERLY LINE EXTENDED OF
SAID UNIT 1,
A DISTANCEOF 252.37 FEET;THENCE NORTH 89'-38i-27'EAST, 'I25.OO FEET;THENCE
NORTH 0-21'-33" WEST, 105.00 FEET; THENCE sourH ggo-g}l27, [EST, 12s.oo FEET;
THENCE NORTH 0o-21'-33" WEST, 32o.oo FEET; THENQE NQRTH g9.-3g,-27, EAST,
12s.oo
FEET; THENCE NoRTH oo-21'-33" WEST, 62.61 FEET; THENCE NoRTH g9"-3g,-27,
EAST,
21 1.OO FEET, TO THE WEST LINE OF THE NORTH 871.21 FEET,
AS MEASURED ALONG
rHE EAST LINE OF THE EAST 5OO.OO FEET, AS MEASURED ALONG THE NORTH LINE OF
rHE WEST HALF OF THE AFORESAID NORTHEAST QUARTER OF SAID SECTION 20;
THENCE NORTH 89O.53'.40' EAST, ALONG THE SOUTH LINE OF THE AFORESAID
NORTH
)71.21 FEET, 499.92 FEET, To rHE wEST LINE oF THE NoRTHEAST ouAnren oF THE
{ORTHEAST QUARTER OF SA|D SECTTON 20; THENCE SOUTH 0-21,-37, EAST, ALONG
JAID WEST LINE, 83.34 FEET, TO THE SOUTH LINE OF NORTH 954.56 FEET, AS
YIEASURED ALONG THE EAST LINE THEREOF, OF THE NORTHEAST
OUNNTEN OF THE
v__,
R2n:.r 5ilS55ZLr
NORTHEAST QUARTER OF SAID SECTION 20: THENCE NORTH g9o-S3'-41"
EAST, ALONG
SAID SOUTH LINE, 348.99 FEET, MORE OF LESS, TO THE POINT OF BEGINNING,
ALL IN
WILL COUNTY, ILLINOIS.
"PARCEL AC3"
THAT PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP
37 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
BEGINNING AT
THE sourHwEsr coRNER oF THE NoRTH 871.21 pLEt, AS MEASURED
ALoNG THE
EAST LINE OF THE EAST 5OO.OO FEET, AS MEASURED ALONG THE
ruONTH LINE OF THE
WEST HALF OF THE AFORESAID NORTHEASTERLY QUARTER
OF SAID SECTION 20,
SAID POINT IS ALSO BEING ON THE NORTHERLY LINE OF ASHWOOD
CREEK
SUBDIVISION UNIT 2, BEING A SUBDIVISION IN THE NORTHEAST
QUARTER OF SAID
SECTION 20; THENCE SOUTH 89".38'-27" WEST, ALONG SAID
NORTHERLY LINE, 211.00
FEET, TO A WESTERLY LINE oF SAID UNIT 2; THENCE
SOUTH Oo-21,-33' EAST, ALONG
sAlD WESTERLY L|NE, 62.61 FEET; THENGE sourH 89"-38'-27'WEST,
ALoNc sAtD
WESTERLY L|NE, 12s.oo FEET; THENCE sourH oo-21'-33"
EAsr, ALONG sAlD
WESTERLY LINE,32O.OO FEET; THENCE NORTH 89O-38'.27"
EASi, ALONG SAID
WESTERLY L|NE, 1zs.oo FEET; THENCE sourH oo-21'-33"
EAST, ALONG sAtD
WESTERLY LINE, 10s.00 FEET; THENCE sourH 89o-38'-27"
WEST, ALoNc sArD
] LE9TERLY L|NE, 125.00; THENCE sourH 0"-21,-33" EAST, ALoNG sArD WESTERLY
LINE, 56.84 FEET, TO A WESTERLY LINE OF NSTIWOOD
CREEK SUEDIUSTON UNIT 1,
BEING A SUBDIVISION lN SAID SECTION 20; THENCESOUTH
IS'-26,-O4,WEST, ALONG
SAID WESTERLY
UN|T
1,
A
DTSTANCE
OF
330.16
FEET;
THENCE SOUTH 00.llryE_oF
08'-47" EAST, ALONG sAlD WESTERLY L|NE oF uNtii,
n otsrnruce oF goo.o6 FEET, To
THE NORTHERLY LINE OF CENTURY TRAcE sueDiVISIoN
UNIi eb, nCcoRDING To
THE PIAT THEREOF RECORDED AS DOCUMENT R2003-0445S9;
THENCE SOUTH 89"9lll-3'WEST, ALONG rHE NoRTHERLY Lrrue oF snro urur 4D, Aolsrnr.rCioiida.so
FEET, To rHE wEsr LINE oF THE AFORESAID rvoiinensr
ounnrER oF sEcrtoN 20,
SAID LINE ALSO BETNG THE CENTER LINE Or r'rONrt,iNNrOWru
NONO; iHENCE NORTH
00.25'-28' WEST, ALONG SAID WEST LINE, 1992.1 1 FEET,
TO THE NORTHWEST CORNER
OF SAID NORTHEAST OUARTER; THENCE NORTH 89".53'41"
EAST, ALoNG THE NoRTH
LINE OF SAID NORTHEAST QUARTER, SAID UIT.TC EEING
THE cENTER LINE oF 11{H
STREET, Ul.O1FEET, TO THE AFORESATO WCSI I-NiE
OF THE AqSi SOO.OO FEET;
THENCE SOUTH OO.2'I'.33'EAST, ALONG SAID WEST
LINE OF THE EAST 5OO FEET,
371-22 FEET, MORE oF LESS, To rHE porNT oe aEcfruNtNc,
nr-r- lr'.r wlr-L couNTy,
ILLINOIS
.UNIT
2 SOUTH"
rHAT PART OF THE SOUTHEAST QUARTER OF SECTION
17, TOWNSHIP 37 NORTH,
IANGE I EAST oF THE THIRD PRlNclPAr- nrenloAr.r, dectrvNlruc
AT A NoRTHWEST
IORNER oF AsHWooD PARK sourH uNlr 1, eeiNtc
A suBDtvtstoN tN pART oF THE
iourHEAST QUARTER oF sAtD sEcroru rz, snio Foir.rr ALSo
BETNG AT THE
NTERSECTION oF THE NORTHERLY LINE or nsriwooD
RoAD
AND
THE wESTERLy
jNE OF CHINABERRY LANE AND RUNNING
THENCE SOUTH 0O-06'.26' EAST, ALONG A
'IoRTHERLY LINE oF sAtD AsHWooD pARK souiH- uNtr i,'; oislfurriE oF 3.ee FEEr,
fo A POINT oF CURVE; THENCE sourHwEsrenly, nlor.rc
snlo ruonrHERLy LINE,
s'{
1l
R?ilill;{ln55Zt+
ALONG A CURVE WHOSE CENTER LIES WESTERLY AND HAS
A RADIUS OF 282.00
FEET, 442.97 FEET, ARC, (CHORD BEARING SOUTH 44O.53'.36"
WEST, 398.81 FEET,
CHORD); THENCE SOUTH 89O-53'-38'WEST, ALONG SAID NORTHERLY
LINE, g20.28
FEET, To A wEsrERLy L|NE oF sArD uNrr 1; THENCE sourH
oo-1z,-gs, EAST, ALoNG
sAfD WESTERLY LINE, 934.10 FEET; THENCE NoRTH Bs.-47,-zs"
EAST, ALoNG sAlD
WESTERLY LINE, 8O.OO FEET; THENCE soUTH 0o.12'.35" EAST,
ALONG SAID WESTERLY
LfNE, 95.00 FEET; THENCE SOUTH 8947'-25'WEST, 230.00
FEET;THENCE NORTH 0o,12'-35'WEST,
3O.OO FEET; THENCE SOUTH 89"47'-25" WEST,
1O8i.I7FECT, TO THE
EAST LINE OF NORMANTOWN ROAD; THENCE NORTH Oo-12'-35"
WEST;AL9NG SA;D
EAST LINE, 1287,34 FEET, TO THE NORTH LINE OF SAID SOUTHEASCiUNNTEN;
THENCE NORTH 89O-53'.38" EAST, ALONG SAID NORTH
LINE, 1840.76 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING, ALL IN WII-r. COUNTY,
ILLINOIS.
'UNIT 3 SOUTH''
THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP
37 NORTH RANGE 9 EAST OF
THE THTIRD PRINgPAL IIERIDIAN, wlLL coi.trury
ltltruots, EXcEpING THEREFRoM:
THAT PART oF THE sourHEAST QUARTER oF secJloru
17, TowNSirF gz NoRTH,
MNGE 9 EAST oF THE THIRD PRlNClPiLirERlDlAN, geGtNlt'tlttc
AT THE NORTHEAST
coRNER oF THE sourHEAST QUARTER oF sAro sEcloN
17 AND RUNNTNG THENcE
SOUTH 0"-22'.26" EAST, ALONG THE EASTERLY LINE
OF SAID SOUTHEAST QUARTER,
1323.U FEET; THENCE SOUTH 89O-53,.39'WEST, 228.85 FEET;
THENCE NoRTH 57o.25,.
12'WEST,42.12 FEET; THENCE NORTH 81O-21'4b' WEST,
112.12FEET; THENCE SOUTH
89047'.25'WEST, 802.11FEET; THENCE SOUTH 0".1i-35"
EAST, 3O.OO FEET; THENCE
sourH 8947"2s" WEST, 1so.0o FEET; THENCE NoRTH 0o-12,-35'WEST,
9s.00 FEET;
THENCE sourH Bg47'-zs" WEST, g0.00 FEET; THENCE
NoRTH 0o-12,-3s" WEST, 934.10
FEET; THENCE NORTH 89o-53'-38"
re-r, ro A potNT oF CURVE; THENCE
T.gl,!g?rq
NORTHEASTERLY, ALONG A CURVE
WHOSE CENTER LIES NoRTHERLY AND HAS A
RADIUS OF 282.00 FEET, 442.97 FEET, ARC, (CHONO
EEANING NORTH 44O-53'.36" EAST,
398.81 FEET, CHORD); THENCE NORTH OE-Od'.26'WCSI,
3.99 FEET, TO THE NORTH
LINE OF THE SAID SOUTHEAST QUARTER; THENCE
NORTH 89o_S3,-37, EAST, 800.57
FEET, MORE oR LESS, To rHE POINT or Aeclr.rr.rlr.rc
or sAtD
couNTY, lLllNols, ALso EXCEPTING THEREiionr' iHnr pARTEXcEpIoN, ALL tN wlLL
oF THE sourHEAST
QUARTER OF SECTION 17, TOWNSH!' gZ NONfi, CNTICE
9 EAST OF THE THIRD
PRINCIPAL MERIDIAN, BEG|NN|NG AT n ruonrHwLsJ
oF AsHWooD pARK
sourH uNlr 1, BEING A suBDtvtstoN rN pART oeJiecoRNER
sourHEAST ouARTER oF sAtD
sEcTloN 17, sAlD POINT ALso BEING AT THE rr.lrenstcTtoN
oF THE NoRTHERLy
LINE oF ASHWooD RoAD AND THE wEsrERLi
llr.re or cHtNABERRy LANE AND
1UNNING THENCE SOUTH 0O.06"26" EAST, ALONG
A NORTHERLY L|NE OF SAID
qsHWOoD PARK S_qgIH uNtr
1, A DtSTANjCe Op i.gd FeEr, ro A potNr oF
SURVE;
THENCE SOUTHWESTERLY, ALONG sAlD NoRTHiRat
LINE, ALoNG A cuRVE wHosE
]ENTER LIES WESTERLY AND HAS A MDIUS OT iAZ-.OO
FEET, 442.97 FEET, ARC,
cHoRD BEARING souTH 44o-53'-36" WEST, 398.81
cHoRD); THENcE souTH 89.i3'.38" WEST, ALONG SAID NORTHERLY LINE, giO:A
FEET, TO A WESTERLY LINE OF
iAlD uNlr 1; THENCE sourH 0"-12'-35' EAST, ALoNG sArD
WESTERLY LrNE, 934.10
:EET; THENCE NORTH
B9,47lzs" EAST, ALoNG sArD WESTERLY L|NE, 80.00 FEET;
THENCE sourH o"-12'-35' EAST, ALoNG sArD
WESTERLY L|NE, 9s.00 FEET; THENCE
}OUTH 89"47'.25" WEST, 23O.OO FEET; THENCE NORiH
0O.12'-35" WEST, 3O.OO FEET;
rilr,
,p.s
?)
RZi]:i5iii552l+
THENCE SOUTH 89"-47'-25" WEST, 1087.97 FEET, TO THE EAST LINE OF
NORMANTOWN
ROAD; THENCE NORTH 0".12'.35" WEST, ALONG SAID EAST LINE, 1287.34 FEET,
TO THE
NORTH LINE oF sAlD sourHEAST QUARTER; THENCE NORTH g9"-53'-38'EAST,
ALONG SAID NORTH LINE, 1840.76 FEET, MORE OR LESS, TO THE POINT
OF
BEGINNING OF SAID EXCEPTION, ALL IN WILL COUNTY, ILLINOIS ALSO
EXCEPTING
THEREFROM: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 17,
TOWNSHIP
37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED
AS
FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER
AND RUNNING THENCE SOUTH 89O.53'41" WEST, ALONG THE SOUTH LINE
OF SAID
sourHEAST QUARTER, 1341.07 FEET; THENCE NoRTH 0o-06,-19'WEST, 14}.23FEET,
To A POINT oF CURVE; THENcE NoRTHERLY, ALoNG A cuRVE wHbse cENTER
L,ES
EASTERLY AND HAS A MDtus oF 1360.00 FEET, 70.72 FEET, nnc,
BEAR,NG
tCnbno
NORTH 1".23'-03" EAST, 70.71 FEET, CHORD), TO A POINT OF TANGENCY;
THENCE
NORTH 2-52'-27" EAST, 107.93 FEET, To A polNT oF cuRVE; THENCE
NoRTHERLy,
ALONG A CURVE wHosE CENTER LtEs wESTERLy AND HAS A MDlts
oF 1440.00
FEET, 77.5'I FEET, ARC, (CHORD BEARING NORTH 1O-19'-56'EAST,
77.ilOFEET,
cHoRD), To A POINT oF TANGENCy; THENGE NORTH o"-12'-3s" wEst,
1.68 FEET;
THENCE NORTH 89o-s3'-41" EAST, 1z7g.gzFEET;THENCE NoRTH
B9o-37,-34" EAST,
5O.OO FEET, TO THE EAST LINE OF SAID SOUTHEAST
QUARTER, SRIO ENST LINE BEING
THE cENTER LINE oF 24BrH AVENUE;THENCE SoUTH 0_22,_26"
EAST, ALoNG SA|D
EAST LINE, 397.99 FEET, MORE oR LESS, To rHE potNT oF BEctNr..rrr.ic
oF sAtD
EXCEPTION, IN WILL COUNry, ILLINOIS, ALSO EXCEPTING THEREFROM:
THAT PART
OF THE SOUTHEAST QUARTER OF SECTIoN Tz, TowNSHIP
37 r.ronii, nnNGE 9 EAST
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIEEO NS FOLLOWS:
BEGINNING AT THE
SOUTHEAST CORNER OF SAID SOUTHEAST OUENTEN
AND RUNNING THENCE SOUTH
89".53'41'WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST
QUARTER, 1341.07
FEET; THENCE NoRTH 0%06'-19" wE!I,
potNT oF cuRVE; THENCE
FEET,
To
A
1!o:z:3
NORTHERLY, ALONG A CURVE WHOSE CENTERIiES
EASTERLY AND HAS A RADIUS
OF 1360.00 FEET, 70.72 FEET, ARC, (CHORD BEARING NORTH
1O-23'-03" EAST, 70.71
CHORD), TO A POINT OF TANGENCy; THENCE NORTH ZI-SZ:ZT,
IEEI,
EAST, 1OT.Bg
FEET, TO A POINT OF CURVE; THENCE NoRTHERLY-, ALoNG
A CURVE WHoSE
CENTER LIES WESTERLY AND HAS A RADIUS OF 144O.OO FEET,
77.51 FEET, ARC,
(CHORD BEARING NORTH 1O.19'.56" EAST, 77.50 FEET,
CHORD), TO A POINT OF
IANGENCY; THENCE NORTH 0O.12'-35" WEST, 1.68 FEET;THENCE
NORTH 89O-53'-41"
EAST, 1279.82 FEET;THENCE NoRTH g9o-37'-34'EAST, 5o.oo
FEET, To rHE EAST L|NE
OF SAID SOUTHEAST QUARTER, SAID EAST LINE BEING
THE cENTER LINE oF 2481H
AVENUE; THENCE SOUTH 0O.22'.26" EAST, ALONG SAID
EAST LINE, 397.99 FEET, MORE
CR LESS, TO THE POINT OF BEGINNTNG CJr SNIO CiCEPTION,
IN WILL COUNTY,
ILLINOIS.
"UNIT
4'
rHE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 8, TOWNSHIP
]7 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPALTTACNIOINN, EXCEPiING
THEREFROM THE NORTH 458.60 FEET OF THE AFORESAID
SOUTHWEST QUARTER OF
rHE SOUTHEAST QUARTER, IN WILL COUNTY, II.I.IIVOIS.
TOGETHER WITH
73
R2*';5iliJ5i2Lr
THE NORTH 458.60 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER
OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, EXCEPTING THEREFROM THAT PART DESCRIBEDAS FOLLOWS:
BEGINNING
AT THE NORTHEAST CORNER OF THE SAID SoUTHWEST QUARTER
oF THe SoUTHEAST
QUARTER; THENCE NORTH 89O-52'-20' EAST, ALONG THE NORTH LINE
OF SAID
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, TSZ9.T5
FEET, TO THE
NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF rHe sournEAST
bUnmeru
THENCE SOUTH OO-18'.54" EAST, ALONG THE EAST LINE OF SAID SOUTHWEST
QUARTER
OF THE SOUTHEAST QUARTER, 250.00 FEET; THENCE SOUTH g9"_46,-33"
WEST , 1329.Ss
FEET, TO THE WEST;LINE OF SAID SOUTHWEST QUARTER OF rne
SOUTHEAST
QUARTER; THENCE NORTH O-13',-27" WEST, ALONG qAtD_wEST L|NE, 252.24FEET,
MORE,
OR LESS, TO THE POINT OF BEGINNING, IN WILL COUNTY, Ir.r.rr.rOIS._,.UNIT
5"
THE NORTH 351.00 FEET OF THE EAST 636.00 FEET, AS MEASURED
PERPENDICULAR
TO THE NORTH AND EAST LINE THEREOF, OF THE SOUTHEAST
QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP gZ NORTH,
RANGE 9 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS.
.UNIT 2 NORTH'
THAT PART OF THE NORTHEAST QUARTER OF SECTION
17, TOWNSHIP 37 NORTH,
RANGE 9 EAST OF THE THIRD PRINcIPAL MERIDIATI.oescnIeeo
nS For.r.ows:
COMMENCING AT THE NORTHEAST CORNER OF SAID
NORTHEAST
QUARTER; THENCE
sourH 01 DEGREES 44 MTNUTES 09 sEcoNos ensitaEARlNGs ns![rrl1eD
FoR
DESGRIPTIoN PURPosqs_oNLy), z646.aa FEETALoNG
rHE eAsi r-lr,rE or snlo
NORTHEAST QUARTER To rHE SouTHEAST conr.ren
oF sAtD ouAnren sECTtoN;
THENCE SOUTH 88 DEGREES 37 MINUTES SO SCCONDS
WEST, 569.86 FEETALONG
THE sourH LINE oF sAtD eUARTER sEcroN ro rni porNT
or eecr1rNrNG; THEN.E
CONTINUING SOUTH 88 DEGREES 37 MINUTES SO SCCONIDS
WESTALONG SAID
9O-UTH LINE, 1482.59 FEET;THENCE NORTH OT OEcneES 28 MINUTES 47 SECoNDS
WEST, 300.01 FEET; THENCE NORTH 88 DEGREesiz uttrtUTES
zo sEcor.rDs EAST,
659'00 FEET;THENCE NORTH 01 DEGREES 28 MINUTES
47 SECONOS WeSf, Zit.73
FEET;THENCE SOUTH 88 DEGREES 31 MINUTES TS SCCONIDS
WEST, 198.00 FEET;
THENCE NORTH 01 DEGREES 28 MINUTES +z secolrbs
wEsr,
137.TJFEET; THENcE
NORTH 37 DEGREES 17 MTNUTES 09 sEcoNos ensr,
84.65 FEET;THENGE NORTH 01
DEGREES 28 MINUTES 47 sEcoNDS wEST, z+g.ooFdET;
THENCE sourH s8 DEGREES
31 MINUTES 13 SECONDS WEST, 896.00 rEEr; THENCE
NORTH
01 DEGREES 28
I/INUTES 47 SECONDS WEST, 137.00 FEET; rUEr.rCe -SOUTH
88 DEGREES 31 MTNUTES
13 SEcoNDs WESI
99.9qFEET; THENCE 1ionrH oi oecneEs 28 MTNUTES 47
WEST,
43.00
FEET; THENGE SOUTH gg oeGneES 31 MINUTES 13 SECONDS
IIC-9NDS
NEST, 173.78 FEET To THE WEST LINE oF SAID NORiHenSr
OUAn-rL* THENCE
\ORTH 01 DEGREES 28 MINUTES 47 sEcoNDs WESi, T27.oo
FEETALoNG sAtD wEST
-IN-E CTHE FOLLOWING 23 COURSES ARE ALONG THE'BOUNDARY LINE
OF ASHWOOD
)ARK NoRTH Pt149E
1); THENCE NORTH ae oecnies 31 MTNUTES 13 sEcoNDS
:AST, 22s'88 FEET; THENCE SoUTH 51 DEGREes oz nttttUTES
+O SeCOr.rb-S-ilb-iZ.rz
W .,[
i?
2 n ir S iJ it
II
Z
rr
FEET; THENCE S.OIJIHWESTERLY, 7s.s2 FEET ALONG A CURVE
CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 34O.OO FEET, THE CHORD
OF SAID CURVE
BEARING SOUTH 26 DEGREES 54 MINUTES ZT SECOruDS WESTITTIET'TCE
SOUTH 69
DEGREES 29 MINUTES 26 SECONDS EAST, 208.50 FEET; THENCE
SOUTH 06 DEGREES
12 MINUTES 22 SEC.9NDS WEST, 71.5s FEET; THENCE SOUTH
01 DEGREES 28
MINUTES 47 SECONDS EAST, 360.00 FEET; THENCE-NORTH
88 DEGREES 31 MINUTES
13 SECONDS EAST, 912.50 FEET; THENCE SoUTH 01 DEGREEs
2s MINUTES 47
SECONDS EAST, 330.00 FEET; THENCE SOUTH 88 DEGREES
52 r'rfir..rUieS 38 SECONDS
EAST, 66.07 FEET;THENCE NORTH 88 DEGREES 31 MINUTES
TS SECOI{DS EAST,
313.00 FEET; THENCE SOUTH 01 DEGREES 28 MINUTES 47 SECONb-S
EnSt, 6TT.61
FEET; THENCE SOUTHERLY, 49.43 FEETALONG A cURVE COl.rCAVe
fO
THE WEST,
TANGENT To rHE LAST DESCR|BED couRSE, HAVTNG A RADtus
oF gtz.oo FEET, THE
CHORD OF SAID CURVE BEARING SOUTH 02 DEGREES 59 MINUTES
16 SECONDS
WEST; THENCE SOUTH 07 DEGREES 27 MINUTES rg SECOruOS
WESI, fi.71FEET;
THENCE SOUTH 05 DEGREES 48 MINUTES 18 SECONDS EAST,
67.27 FEET; THENCE
SOUTH 05 DEGREES 55 MINUTES 14 SECONDS WEST, 133.97
iEEr_; THENCE SOUTH 82
DEGREES 04 MINUTES 43 SECONDS EAST,85.27 FEET; THENCE
SOUTH Z0 DEGREES
05 MINUTES 39 S1CONDS EAST, 85.50 FEET;THENCE SOUTH
60 DEGREES 46 MINUTES
15 SECONDS EAST, 85.50 FEET;THENCE SOUTH ST OECNEES
26 UII.IUiES SI
9F99NDS EAST, 85.50 FEET;THENCE SOUTH 42 DEGREES 07 MINUTES 27 SECONDS
EAST, 85.50 FEET;THENCE SOUTH 32 DEGREES 48 N/|ITUTCS
ffi SECONDS EAST, 85.50
FEET;THENCE SOUTH 23 DEGREES 28 MINUTES Sg SECOI{DS
EAST, 85.50 FEET;
THENCE SOUTH 12 DEGREES 49 MINUTES Z+ SeCoruos EAST,
109.83 FEET; THENCE
sourH 01 DEGREES 22 MINUTES 30 sEcoNDS EASi, s0.04 FEET
To THE potNT oF
BEGINNING, IN WILL COUNTY, ILLINOIS.
'UNIT 3 NORTH'
THAT PART OF THE NORTHEAST QUARTER OF SECTION
17, TOWNSHIP 37 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST coRNER oF SAID
NORTHEAST QUARTER; THENCE
SoUTH 01 DEGREES 44 MINUTES os sEcoNDS EASi (BEARINGS
ASSUMED FoR
DESCRIPTION PURPO9IS_ONLY), 2646.88 FEETALONb
THE EAST LINE OF SAID
NoRTHEAST QUARTER To rHE SOUTHEAST coRNER oF
sAtD ouAnren sECTtoN;
THENCE SOUTH 88 DEGREES 37 MINUTES 30 SECONDS
WEST, ZOSi.i{TEETALONG
rHE sourH LINE oF sAlD QUARTER sEcloN To rHE potNT
oe eiciNNlryc; THEN.E
IONTINUING SoUTH 88 DEGREES 37 MINUTES 30 SEaoNDs
WEST ALoNG SAID
sourH LINE, 621Js FEEr To rHE WESr LINE oF SAiD NoRirien6i
OulRrER;
THENGE NORTH 01 DEGREES 28 MINUTES 47 SEcoNbS
wEST ALoNG sAtD wEST
-lNE, 1642.14 FEEr (THE FoLLowtNG 12 couRses Ane nr_onC i#'i'o-ur.ronny
L,NE
)F ASHWOOD PARK NORTH - PHASE 2); THENCE TIONTN 88 DEGREES
31 MINUTES 13
iECONDS EAST, '173.78 FEET;THENCE'SOUTH Or OiCNEES
47 SECONDS
ilsr,43'00 FEET;THENCE NORTH 88 DEGREES 31 rtair.rurEs2813MINUTES
sEcoNDs EAST, 66.00
:EET; THENGE sourH
01 DEGREES 28 MTNUTES az secor,rDs EAST, 13z.oo FEET;
|HENCE NORTH 88 DEGREES 31 MTNUTES 13 SECONOS
enst, 896.00 FEET;THENCE
;ourH 01 DEGREES 28 MINUTES 47 sEcoNos enir, 243.00
r'eel rHetrrce souTH 37
)EGREES 17 MINUTES 09 SECONDS WEST, 84.65 feef;
THENCE SOUTH 01 DEGREES
]8 MINUTES 47 SECOryD-S EAST,137.73 FEET; THENCE
NORTH 88 DEGREES 31
dINUTES 13 SECONDS EAST, 198.00 FEET;THENcE sburH
01 DEGREES zB MTNUTES
Eff'?,f
R?nii:l ,l0SSZh
47 SECONDS EAST, 217.73 FEET;THENCE soUTH 88 DEGREES
37 MINUTES 26
SECONDS WEST, 659.00 FEET; THENCE SOUTH Ot OeCneES
28 tr,ttruUfeS 4Z SECONDS
EAST, 3OO.O1 FEET TO THE POINT OF BEGINNING, IN WILL COUrury,
rr-LINOIS.
..PARCEL TH'
THAT PART OF THE NORTHEAST QUARTER OF SECTION
17, TOWNSHIP 37 NORTH,
RANGE 9 EAST OF THE.THIRD PRINCIPAL MERIDIAN, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST coRNER oF SAID
NORTHEAST QUARTER; THENCE
SOUTHERLY, 608.75 FEET ALONG THE EAST IIruE OF
SAID QUANTE} SCCTION;
THENCE sourH 88 DEGREES 1s MTNUTES sr secoxos
wesi
FoR DEscRrprroN puRposEs oNLy), 1?Lzo reEl-iHeNcE ieEAnrrics ASSUMED
NoRTH 52 DEGREES 10
MINUTES 26 sEcoNDS WEST, ogt.zs'FeEr; THENIE
ivonrH 01 DEGREEs 21 MTNUTES
59 sEcoNDS wEsr, 210.40 FEET To rHE rubnri frr.re
or sAtD sEcloN 17; THENCE
NORTH 88 DEGREES 38 MINUTES 01 sEcoNos Ensi
nLoNG snlo monrn LINE, 622.90
FEET To rHE potNT oF BEG|NN|NG, lr.r wrlr_ cbUr.l*,
rr-r_lr.rols.
{sb
,?2iii:iii.lii552h
EXHIBIT C
Portions of the Additional Properties to be created by Final Plats of Subdivision and
to thereafter
be known as:
Lot225, in Ashwood Park South Unit 2 Subdivision, being a Subdivision of part of the
Southeast
Quarter of Section 17, Township 37 North, Range 9 East-of the Third F in ip.i Meridian,
in
County.
Will-
Outlot 9, in Ashwood Park North - Phase 2, being a Subdivision of part of
the Northeast euarter
of Section 17, Township 37 North, Range g East of tne Third Principal ftaeriJin,
in \Mll County.
R2{-}rj5't{:t552r}
EXHIBIT D
SITE PLAN OF CLUB LAND
l+
Ft.
rf
ri
I
P{ z(
v
R2{"}ir:iijiJ552{+
EXHIBIT E
BY-LAWS OF THE CLUB
CAPITALIZED TERMS USED HEREIN, BUT NOT DEFINED,
SHALL HAVE THE MEANINGS
GIVEN To sucH TERMS lN THE niHwooo clua
owNERSHrp DEcLARATToN AND
oPERATING AGREEMENT To wHrcH rHesE--ey-Lews
anf errecHED (THE
',.DEW!9N,,).
ARTICLE I.
PURPOSES.
The purpose of theAshwood club (the "Glub-),
as stated in itsArticles of Incorporation, is
to
operate a recreational club for the exclusive urJ6T
o*n"rs'ano permitted us"i, and their guests.
The club also has such powers as are now
or may hereafter be granted by the General
Not-ForProfit Corporation Act of the State of lllinbis.
ARTICLE tt.
oFFtcEs.
The cfub shall have and continuously maintain
in this state a registered office and a
registered agent whose office is identicalwiftr
sucn ie$teieo omce, and may have other
offices
of urinois .. t'" Board or oiie"torc of thobrub
may
ttn":"i1*")
from
ilj:'?##ji"$lffi1are
ARTICLE tII.
Me[aeen-HtPm oues.
SEcTloN
1'
MEMBERSHIPAND TERMINATION. Allowners
shatt be members in the
purposes in these gv-raws, own"rc-ullu"
r"roi"o1"
and the
interest of a Member in the club is reter6o
to as a '|lr"rLrs1ip'. Membership
"l;Ug'bqs,
in the club shall
be subject to the Decfaration, these gv-|"*.Jh"
nrffiE"g,ri"tion" ort irub, and appficable
laws' each as in effect from iime to time. Termination
oi" rr,|"rbership shall" occur as set forth in
the Declaration' Termination of a Membership
in ine ctJu ,r,"ll not rlrieve oir rerease
any such
former Member froT anl liability or obiigation
iri"uneJunJ", o, in any way connecjed w*h the
crub
during the period of such Membership i-n tne
cruo. rurttrermore, such termination shall not impair
any rights or remedies which the Boaid
orothers r.y n.u"
such formeiMember arising out
any way connected with, such tvtemuershii;il;"
"gainst
covenants
and obtigations incident
,oj;r[I
club' Foi reference
SEcTloN
;:fflJ:5:
2'
VoTES AND VoTtNG RlcHTS. The Voting
Rights of the Members shal be
ti];Lor. n-rueiruei, uotins rishts shar not
in the Declaration, and particufarfyArtici"
6
SEcTloN 3' TMNSFER oF MEMBERSHIP. Membership
in this Ctub is nottransferabte
and assignable, except in accordance.with the pto.rJur".
and
agreements set forth in the
Declaration' The Decfaration shalt contiin the
speJfi"i"Jfr.tions of Membership transfers and afl
Members shall be bound by said restrictions.
o".l"r"i5ncrloN
4'
ASSESSMENTS. Assessments shafl be set
by the Board as set forth in the
{^^
RZnliSijil552tr
ARTICLE IV.
nneeTNCS Or Merueens.
SEcTloN 1' ANNUAL MEETING. The firstAnnual orne/s Meeting
shatf be held ata site
and on such a date as is fixed by the Board on the date required
for
such
set forth in the
Declaration' Thereafter, an Annualbwne/s Meeting oitn" Members
in"li
u"
nad
as required by
the Declaration each yearforthe purpose of.electingiDirectors
and forthe transaction of such other
business as may come before the meeting,
iay is a legat nolu"vJr'"nine meeting shall be
held on the next succeeding business day-. lf.l-f.9uct-r
theAnniat own-"rs nreeiirij'.n"iinot be held on that
day designated for.ly
owner's. Meeting,-or at any adjournment thereof,
the Board shall
cause the election to be lnnrll
held at a special orune6Meeting Lall6o
roon tii"r""fteras convenient.
"r
SEcT|oN2.SPEclALMEET|NG.S.gec5r|meetingsoftheMembers(a.@r,s
iil:fi':fl?#:v
be called bv ihe President, uy ine eoaro oi dy not tess
than twe'ng percent (20ye oi
3'
SEcTloN
ltAcE AND TfME oF MEETING. Allmeetings of the Members shalttake
place at some reasonable
time as designated by the person or persons calling
the meeting at the
clubhouse of the club or such other loiation in ru"p"rir6, lllinois,
as the Board shall determine.
SEcTloN 4' NoTlcE oF MEETINS. w1$en or printed notice
stating
ptace, day and
hour of the Annual owner's Meeting shall be oetivereol either personally the
or
by
mail, to each
Member entitled to vote at such_meetin9,
porg than thirty (30) days noi 16r, tn"n ten (10) days
fot
before the date of the Annual owner'JMeeting, ruoti."
oi iny Speital owneis Meeting may be
3iven on not less than two (2) business days n6iic" ano mav i"ri tn" io;i'(-a; a written notice
Jelivered, either personally or by mail, to each Member
to vote at sucri-meeting; or (b) a
:onspicuous sign announcing the time a.nd ql19 oltfrespecial
"ntitr"oMembers naeliing which is posted
rt all entrance points into the Ashwood creek subdivision
tn" Rrhwood park subdivision from
248h Avenue, 111h street, roa;i sireel and Honey
"no
L;;*i Drive grereinartei in" "Sisn Noti""
-ocations")' such.notice of the Specia,l owner's Meeting-shall be'giv; urir," president
or the
iecretary, orthe officers or persons callingthe speciar nae-mbers
Meeting. lf mailed, the notice of a
neeting shall be deemed delivered two (z) days after mailing
to the Membe/s address as it
rppears on the records of the club, with postage thereon prepa-id.
SEcTloN 5' QUORUM. Twenty
l quorum necessary to the transaction of\2ovo)oftheMemberspresentinpersonshaltconstitute
business at- any
v"rrvr e Meeting
or special
-'-' 'Annual owne/s
'YrE
)wne/s Meeting.
6'
SEcTloN
PRoXIES. At any meeting of Members, a Memberentiiled
to vote may vote
ither in person or by proxy executed in writing uittre M"ru"ror
by his duly authorized attorney-inrct; provided that a copy of the written proxy itratl ue delivered
to
Board on or prior to the
lking of any vote forwhich the proxy wiil be. useo nnv such writtenthe
prow rn.ll be valid until a
otice of revocation of the proxy is delivered by the uemoerto
the Board.
ARTICLE V.
eoan6-6mEdrons.
1'
SEcTloN
GENEML POWERS. The affairs of the clubshallbe managed by its
Board.
xcept as expressly provided to the contrary in the Declaration
or these By-laws, afl of the rights,
owers, options, duties and responsibilities 6f tfre Club shall
be performeA'Uy the'goard, provided
d,tn
i??n{jrrilil552tr
the-Board may delegate specific powers and responsibilities to committees
composed of less than
all Directors as established by resolution of the 'Board.
SECTION
(a)
2.
SPECIFIC POWERS.
The Board, on behalf of the Club, shalt have the power without
the approvaf of the
Members:
(i)
To take any of the actions authorized to be taken by the Board
under the
Declaration,
I
(ii)
. To.engage the services of.a Manager, who may be any person, firm or
corporation, including an owner or an affiliate of either Declarant,
upon sucn terms and
compensation as the Board deems fit, and to remove such Manager
at any time, in
accordance with the terms of any,management agreement approved
6y the Board:
"
(iii)
To engage (and terminate) the services of any persons (including
limited to accountants and attorneys) deemed necessary by the Board, but not
at such
compensation as the Board deems reasonable, forthe operation,
iepair, maintenance and
'
management of the club and to carry on the business or tne
club;
(iv)
To establish and maintain one or more bank accounts or other
depositary
arrangements for the deposit of any funds paid to, or received
by, the club;
(v) Subject to the terms of the Declaration, to borrow funds to pay for capital
.improvements,
the costs of operation or to meet its obiigations;
(vi)
To enter into contracts (except loans and encumbrances governed by
section 6'12 of the Declaration) anq, genLratty, to have all powers
n"."r."ry
the operation and management of the Club,.or as may be appropriate or incidentalto
to carry out all
functions authorized to the Club hereunder;
(vii)
To protect the club Property from foss or damage by suit
orotherwise and to
provide adequate reserves for replacement of club property;
(viii) To adopt reasonable Rule.s and Regulations to effectuate the purposes and
powers of the Club, including the operation and
Ise of the recreationaitacilities, and to
amend such Rules and Regulations from time to time;
(ix)
To purchase, own, lease, sell or otherwise deal in and with tangibles,
intangibles, personal property or real estate in furtherance
of its duties and functions;
(x)
To do all other acts to be done by the Club in furtherance of the Declaration
or these By-Laws except in such cases wheri approval of the Members
is specifically
required.
(b)
The Club shall provide or cause to be provided, and paid for, in
addition to the
lanager or other personnel and/or services and materials above provided
for, the following:
(i)
To purchase such insurance as the Board deems necessary
to protect the
property, Members, Directors, Officers, Permitted
Users and guests of the Club; and
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(ii) To purchase any other materials, supplies, equipment, furnishings, labor,
services, maintenance, repairs and replacements, decorating, cleaning, tuci'pointing,
structural alterations, landscaping, and snow and ice removal tnit tfre Boari deems propEi
for the maintenance and operation of the Club Property, including all work required
bi alt
applicable laws. All work shall be performed in accordance with ill applicable law.
3'
SECTION
NUMBER TENURE AND QUALIFICATIONS. The Board shatl be appointed
and elected as set forth in the Declaration. Each Director shall hold office wltnout.orpb|ri6on
until his successorshall have been elected and qualified. With the
oithe Directors on the
Declarant Board, only a Member or Designated Representative of "r."Jtion
a Memb"t or tn. cruu mav oe a
Director.
4.
sEcTloN
ELEcTloN. The Directors shall be elected at such times and according
to
the procedure set forth in the Dectaration.
SEcTloN 5. ANNUAL MEETING. An annualmeeting.of the Board (the "Annual
Board
Meeting") shall be held without further notice otherthan this By--Law, immediaiely
after, and at the
same place as, the Annual owner's Meeting. All Members shail nrr6
tn" rlgniio attend the Annual
Board Meeting, but shall not have the right io participate therein
or to recori said proceeds by any
means (including audio, video or other means of recordation).
6'
sEcTloN
INTERIM MEETINGS. The Board may hold such additionatmeetings
(other
than the Annual Board Meeting) as it deems appropriate forthe
oi6o"ro business (each
being refered to herein as annlotedm eoard ireitinq")-interim
"onorain!
Board illeetings may be set and
ca||edbyorattherequestornffiioninwritingofamajorityofDirectors.The
person or persons authorized to call Interim Board Meetings
may fiiany r"..on"Ut" place and time
as the place and time.for holding any Interim Board nree-ting
c'a1eo bi
Ail Members shall
have the rightto attend all InterimBoird Meetings, but shaii not
have the rightto participate therein,
but shall not have the right to participate therein-or.to recorJ
said proceeds by any means (including
audio, video or other means of recordation).
th;.
7'
SEcTloN
NoTlcE. No notice of any fnterim gg"rd Meeting need be given to any
Director or Member, except as otherwise provide'd herein.
of any Interim Board Meeting
shall be given at least two (2) days prior to the date of such^Notice
meeting
notice delivered
personally or sent by mail to each Director. lf mailed,
such notice shall be deemed to be defivered
one (1) day after it is deposited in the United States mail addressed
to the Director at his or its
address as it appears on the records of the club with posiage thereon prepaid.
niiitii"jliv, .,liii'"
of any Interim Board Meeting shall be given to tn'e ueiroers by way
of
a
conspicuous sign
announcing the time and place of the Interim Board Meeting whicir josteJ
is
at the sign Notice
Locations. Any Director may waive notice of any.r""td tne attendance
of a Director at any
meeting shall constitute a waiver of notice of suctr meeting,
except where a Director attends a
meeting for the express purpose of objecting to the trans-jaion
of any uuiiness because the
meeting is not lawfully called or convenld. lt shall not be required
thai the notice to a Director
incfude a description of the business to be transacted at
a meeting, unless specificalty reguired by
law or by the Declaration or by.these By-Laws. In the
itr"t an Interim Board Meeting is called
lo deal with any matter, for which a delay of three days
"u*tto compfy with the notice
requirements
rerein contained might regu]t in damage to property orinjury't6
then
the notice
rrovisions herein contained shall be oeemeaw'aived iflvery Directorreceives
""v J"iron
actualnotice of such
neeting and a good faith effort is made to give every Dire&or actuar
notice.
bi;ii6r
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R2nil5ilil552b
SECTION 8. QUORUM. Attendance by a majority of the Directors on the Board shall
constitute a quorum for the transaction of business at any meeting of the Board, provided, that if
les.s than three (3) of the Directors are present at said meeting, the other Directors present may
adjourn the meeting from time to time without further notice.
9.
SECTION
MANNER OF ACTING. The act of three (3) of the Directors present at a
meeting at which a quorum is present shall be the act of the Board, unless otherwise provided by
law or by these By-Laws.
SEcTloN 10. VACANCIES. Subject to the terms of the Declaration, any vacancy occuning
'Open Siaf) shall be filled by the majority vote of the remaindlr of the -Board and
the Director so appointed (a 'Replacement Direc ) shall serye the remainder of the term
applicable to the opgn Seat (the '!@!!gJg$q); provided, however, that if the Remaining
Term will be greater than one year, then the Replacement Director shall only serve until the next
in the Board (an
Annual Owner's Meeting at which time, the Members shall either: (a) confirm the appointment of the
Replacement Director, in which case, the Replacement Director shall serve the'full Remaining
Terml or (b) may elect a different Replacement Director instead of the Replacement Directoi
selected by the Board, in which case the Replacement Director selected by the Members shatl
serve the balance of the Remaining Term. Notwithstanding the foregoing, if three Open Seats
occur in between two consecutive Annual Owner's Meetings, then the third Open Seat shallonly be
filled by a Replacement Director elected by a majority of the Members voting at a Speciat Owners'
Meeting called and held for the purpose of elec'ting such Replacement Director.
SECTION 11. REMOVAL. From and after the date of the first Annual Owners Meeting to
occur after the Transition Event, any Director may be removed from office by the affirmative vote of
a majority of allthe Members voting at a SpecialOwner's Meeting called forsuch purpose; provided
however, that at least 10% of all Members of the Club shall vote in favor of such removal at the
meeting. Before the Initial Owners Meeting, three Directors may, by vote, remove a director at a
duly called Board meeting. The Open Seat caused by the removal of any Director pursuant hereto
shall be filled by the procedure set forth in Section 10, above.
SECTION 12. ADOPTION OF RULES AND REGULATIONS. All rufes and regulations, or
amendments thereto, adopted by the Board shall be effective upon their adoption.
ARTICLE VI.
OFFICERS.
1.
SECTION
OFFICERS. The Officers of the Club shall be a President,'one (1) or more
Vice Presidents (the numberthereof to be determined by the Board), a Treasurer and a Secretary.
SECTION 2. ELECTION AND TERM OF OFFICE. The fficers of the corporation shall be
elected annually by the Board at the Annual Board Meeting from among the Directors. lf the
eleciion of Officers shall not be held at such meeting, such election shall be held as soon thereaffer
as conveniently may be. Vacancies may be filled or new offices created and filled at any meeting of
the Board. Each Officer shall hold office until his successor shall have been duly elected and shall
have been qualified.
3.
SECTION
REMOVAL. AnyOfficerelected bythe Board maybe removed bya voteofa
majority of the Directors.
dfrl
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SEcTloN 4. VACANCIES. A vacan_cy in^ any office because of death, resignation,
removal, disqualification or otherwise, may be filied by the Board for ine
un"xpired portio-n of ne
term.
5'
sEcTloN
PRESIDENT. The President shatl be the principal executive
officer of the
Club.and shall, in general, supervise and control all of the business anO'affairs
of the Club. He shall
preside at all meetings of the Members and of the Board. He
may sign, wiinlhe secretary or any
other proper Officer of the Club authorized by the Board, any amendments
to these By-Laws,
deeds, mortgages, contracts orother instruments which the Board nas
autnoiized to be executed;
and, in general, shall perform allduties incident to the office of president
and such other duties as
may be prescribed by the'Board from time to time.
6'
SEcTloN
VlcE PRESIDENT. In the absence of the President or in the event
of his
inability or refusalto act, thevice President shallperfoir
tt"
duties of the president and, when so
acting, shall have all the powers of and be subject to all the.
restrictions ,ponih" president. Any
Vice President shall perform such other duties is from time
to time may be assigned to him by the
President or by the Board.
7'
SEcTloN
TREASURER. The Treasurer shall have charge and custody
of and be
responsible for allfunds and securities of the Club; receive
and give receipts for moneys due and
payable to the club from any source whatsoever,
ind deposit atisuch ron"vr in the name of the
club in such banks,lly^tlcompanies orotherdepositarieJas
shail be selected in accordance with
the provisions of ARTICLE Vliof these By-Lawslano, in g*"ral,
perform allthe duties incident to
the office of rreasurer and such other auties .r'rror'timi
L
time
be qes'v
assigned to him by the
'""' may
"'-t vv
President or by the Board.
8'
SEcTloN
SECRETARY. TheSecretaryshall keeptheminutes
ofthe meetings ofthe
Members and of the Board in one or more uoot<s pi6viil;;r
the purpose; see that all notices are
duly given in accordance with the provisiog of
{r6se By:L;; or as required by law; be custodian
of the corporate records and of the seal of the club;
an'd, rn general, perform all duties incident to
the office of secretary and such other duties as from
time'io time may be assigned to him by the
President or by the Board.
1'
SEcTloN
CoNTRACT. Subject to Section 6.12 of the Declaration,
the Board may
authorize any officer(s) and/or agent(s) of ttre club, in
aooition to the omcers so authorized by
these By-Laws, to enter into any contrait or execute ano
oetiver any instrument in the name of and
on behalf of the corporation and such authority r"v u" g;erat
oiconfined to specific instances.
SEcTloN 2' cHEcKS, DRAFTS, ETC. All checks, drafts
or other orders forthe payment
i"sueJin t name of the corporation, shall be
signed by such officer(s) and/oragent(s) of the club,
"
il-u"h manneras
shallfrom time to time be
cetermined by resolution of the Board. in the ausenc"
oirl"n
determination by the Board, such
instrument shall be signed by the not less than
two om..o orthe cfub.
of money, notes or other evidences of indebtedn""s
3'
SEcTloN
DEPoSITS. Allfundsof theClubshallbedepositedfromtimetotimetothe
:redit of the club in such banks, trust companies or other
Jepositaries as the Board may select.
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RZnil:iilil552t+
SECTION 4- GIFTS. The Board may accept on behalf of the Club any contribution, gift,
bequest or devise for the general purposes or for any special purpose of the Club.
ARTICLE VIII.
BOOKS AND RECORDS.
The Club shall keep conect and complete books and records of account and shall also keep
minutes of the proceedings of its Members, Board and committees having any of the authority of the
Board, and shall keep atthe registered orprincipaloffice a record giving ihe names and addresses
of the Members entitled to vote and all Mortgagees who have registered with the Club. All books
and records of the Club may be inspected by any Member, or hiJagent or attorney for any proper
purpose at any reasonable time. .Upon ten (10) days'notice to the Club, and the paymeht of a
reasonable fee fixed by the Club, any Member shall be furnished a statement of his account setting
forth the amount of any unpaid assessments or other charges due and owing from such Membei
signed by a duly authorized Officer of thd Club.
ARTICLE IX.
FISCAL YEAR.
The fiscal year of the Club shall be the calendar year, unless otherwise fixed by resolution of
the Board.
ARTICLE X.
WAIVER OF NOTICE.
Whenever any notice whatsoever is required to be given underthe provisions of the General
Not-For-Profit Corporate Act of lllinois or under the provisions of the Articles of Incorporation or the
By-Laws, a wavier thereof in writing signed by the person or persons entitled to such notice,
whether before or after the time stated therein, shall be deemed equivalent to the giving of such
notice. Attendance at any meeting shall constitute waiver, except where such person ittends a
meeting for the express purpose of objecting to the transaction of any business because the
meeting is not lawfully called or convened.
ARTICLE XI
AMENDMENT TO BY-LAWS.
Prior to the election of the first Member Board, the Board has the exclusive right to amend
these By-Laws. Following the election of the initial Otner Board, these By-Laws, except this
ARTICLE Xl, may be altered, amended or repealed and new By-Laws may be adopted by the
affirmative vote of a majority of all of the Members voting at a regular meeting or special meeting
:afled for such purpose; subject (in all cases) to at least 1}o/o ol all of the Members of the Club
uoting in favor of said amendment. This ARTICLE Xl may be amended only by an instrument in
rvriting setting forth such amendment, signed and acknowledged by the duly authorized Officers of
:he Cfub, 75% of all of the Members of the Club and all Mortgagees.
d t[n
SECTION 1. RESOLUTION. The Board may adopt a resolution proposing the voluntary
termination of the Club and the dissolution of_the Corporation. Unless such actionis taken by the
Board before the election of the first Member Board, the Board shall call a meeting of the Mem-bers
to vote on a resolution authorizing termination and dissolution. Two{hirds of thl total Members
must approve such a resolution.
SEcTloN 2. LIQUIDATION. In the event of a dissolution of the Ctub, all of the Club
Property and all other property of the Club shall continue to be held by the Club for the benefit of
each of the Members in the ratio of their respective Percentage Interests. lf the Board and eligible
voting Mernbers approve termination and dissolution of the Club, the Directors shall endeav6r to
liquidate or distribute the proceeds from the sale of such property within two years from the date of
the recording of a certificate of dissolution with the lllinois Secretary of State. After payment of all
obligations of the Club and all expenses of liguidation, the cash proceeds of such-liquidation,
including all other cash held by the Club and all property which has not been liquidated, shall be
distributed equally to the Members.
ARTICLE XIII.
INDEMNIFICATION.
The Glub shall indemnify any person who was or is a party, or is threatened to be made a
party to, any threatened, pending or completed action, suit or proceeding, whether civil, criminal,
administrative or investigative (other than an action by or in the right of the Club) by reason of the
fact that he is orwas a Director or Officer of the Club, against expenses (including attorneys'fees),
judgments, fines and amounts paid in settlement actually and reasonably incurred by him in
connection with such action, suit or proceeding if he acted in good faith and in a manner he
reasonably believed to be in, or not opposed to, the best interest of the Club, and, with respect to
any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful.
The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or
upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that (a)
the person did not act in good faith and in a manner which he reasonably believed to be in or not
opposed to the best interest of the Club or (b) with respect to any criminal action or proceeding, the
person had reasonable cause to believe that his conduct was unlawful.
The Club may indemnify any person who as or is a party, or is threatened to be made a
party to, any threatened, pending or completed action or suit by or in the right of the.Glub to procure
a judgment in its favor by reason of the fact that he is or was a Director or an Officer of the Club
against expenses (including attomeys'fees) actually and reasonably incurred by him in connection
with the defense or settlement of such action or suit, if he acted in good faith and in a manner he
reasonably believed to be in, or not opposed to, the best interests of the Club and except that no
indemnification shall be made in respect of any claim, issue or matter as to which such person shall
have been adjudged to be liable for gross negligence or misconduct in the performance of his duty
to the Club.
To the extent that a Director or Officer of the Club has been successful, on the merits or
ctherwise, in the defense of any action, suit or proceeding refened to in the foregoing two
caragraphs, or in defense of any claim, issue or matter therein, he shall be indemnified against
3xpenses (including attorneys' fees) actually and reasonably incuned by him in connection
:herewith.
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Any indemnification under the first two paragraphs of this Article shall be made by the Club
only as authorized in the specific case, upon a deteimination that indemnification of
the director or
Officer of the Club is proper in the circumstances because he has met the applicable standard
of
conduct set forth in the first two paragraphs of thisArticle. Such determination shall be made (1)
by
the Board by a majority vote of a quorum._consisting of Members of the Board who were not parties
to such action, suit or proceeding , or (2) if such a quorum is not obtainable, or even if obtainable, if
a quorum of disinterested Directors so directs, by independent legalcounsel in a written opinion,
or
(3) by a majority of the Merirbers of the Club.
'
.ffir.
Nothing hereinabove contaihed shall in any way be construed as altering, amending or
modifying the Declaration. The Declaration and these By-Laws shallalways be construed to further
the harmonious, beneficial, cooperative and proper use and conduct of ine Club. lf there is any
inconsistency or conflict between these By-Laws and the aforesaid Declaration, the provisions of
the Declaration shall control.
/,11