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Standard Statement of Intent and Agreement - Residential Updated 7/31/09 Page 1 of 4 PLANNED UNIT DEVELOPMENT RESIDENTIAL STATEMENT OF INTENT & AGREEMENT This STATEMENT OF INTENT AND AGR EEMENT is e ntered into this day of , 20 (hereafter referred to as the “Agreement”) by and between the VILLAGE OF PLAINFIELD, a municipal corporat ion located in Will County, I llinois, (hereafter referred to as “VILLAGE”) and (hereafter referred to “OWNER” or “DEVELOPER”). WHEREAS, is the owner of record of real estate described in Exhibit “A” and commonly referred to as (hereafter referred to as “DEVELOPMENT”); and WHEREAS, this development is a Pl anned Unit Development allowing for innovation, creativity and design efforts; and WHEREAS, the Zoning Ordinance provides for Planned Unit Developments that meet the following objectives: (1) To stimulate creative approaches to the residential, commercial and industrial development of land. (2) To provide more efficient use of land. (3) To preserve natural features and provide open space areas. WHEREAS, the VILLAGE is authorized by the Illinois Municipal Code (65 ILCS 5/9-5-1 et. seq.) to adopt Special Uses for the purposes of establishing a Planned Unit Development. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the parties hereto agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS The foregoing recitals are hereby incorporated into the body of this agreement as if fully set forth and repeated herein. Any exhibit referred to in this agreement and attached hereto shall also be considered incorporated herein by express reference. 2. ARCHITECTURAL DESIGN PROVISIONS The OWNER and DEVELOPER agree to provide a variety of architectural designs for residential dwelling units for the purpos e of discouraging excessive similarity between units, including but not limited to single family, duplexes, townhomes, Updated 7/31/09 Page 2 of 4 and multi-family developments. The OW NER and DEVELOPER agree to establish appropriate policies and procedures to provide distinction between surrounding dwelling units, including front, rear and side elevations, for the purpose of anti-monotony as defined in Exhibit . 3. RESIDENTIAL DESIGN The OWNER and DEVELOPER agree to follow the provisions of the Design Guidelines for Planned Unit Developments that pertain to Residential Planning Guidelines and the Residential Design & Planning Guidelines for Planned Unit Developments and Annexations. The Guidelines are intended to help assure the design excellence of the DEVELOPMEN T. The OWNER and DEVELOPER shall follow the recommendations, at a minimum. Support ing Documents have been attached to demonstrate how the DE VELOPMENT will comply with the Design Guidelines for Planned Unit Developments. Any modifications and additions to this section are attached as Exhibit . 4. EXCEPTIONS The following exceptions to the strict ad herence of Subdivision Control Regulations and the Zoning Ordinance will be permitted: 5. FENCING The SUBDIVISION shall provide that all rear yard fences on lots adjacent to park sites, open spaces or commonl y owned spaces shall be the same type, color, and height throughout said areas and in conformance with Village Ordinances. The SUBDIVISION shall provide that ther e will be no double fencing in areas with lots adjacent to park site, open spaces, landscaped easements or commonly owned spaces. 6. AMENDMENTS This agreement, including the attached exhibits, may be amended only with the mutual consent of the parties by a duly executed written instrument. In the case of the VILLAGE, the written instrument may only be in the form of an ordinance duly adopted in accordance with applicable laws. Modifica tions subsequent to this Agreement’s adoption shall require a pub lic hearing and procedures consistent with law. 7. ENFORCEMENT This agreement shall be enforceable by an y action at law or in equity, including actions for specific performance and injunc tive relief. The laws of the State of Illinois shall control the construction an d enforcement of this agreement. The parties agree that all actions instituted on this agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby waive venue in any other court of competent jurisdiction. Before any failure of any party to perform Updated 7/31/09 Page 3 of 4 any obligation arising from th is agreement shall be deemed to constitute a breach, the party claiming the breach shall notify the defaulting party in writing, by way of certified mailing, and demand performance. No breach of this agreement shall have been found to have oc curred if performance is commenced to the satisfaction of the complaining party within thirty (30) days of the receipt of such notice. 8. EFFECT OF SUCCESSORS This agreement shall be binding upon and inure to the benefit of the VILLAGE and its successor municipal corporations and corporate authorities. This agreement shall be binding upon and inure to the benefit of DEVELOPER and their grantees, lessees, assigns, successors and heirs. 9. SEVERABILITY If any provision, covenant, agreement or portion of this agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provision, covenants, agreement or portions of this agreement this agreement are declared to be severable. 10. EFFECT OF THIS AGREEMENT The provisions of this ag reement shall supersede the provisions of any ordinances, codes, policies or regulations of the Village which may be in conflict with the provisions of this agreement. 11. DURATION This agreement is a part of the Special Us e that runs with the land as stated in the Village Code. 12. NOTICE Any notice or demand hereunder from one party to another party or to an assignee or successor in interest of either party or from an assignee or successor in interest of either party to another part y, or between assignees or successors in interest, either party shall provide such no tice or demand in writing and shall be deemed duly served if mailed by prepaid registered or certified mail addressed as follows: If to the VILLAGE: Michael P. Collins Brian Murphy Village President Village Administrator 24401 W. Lockport St. 24401 W. Lockport St. Plainfield, IL 60544 Plainfield, IL 60544 Updated 7/31/09 Page 4 of 4 With copies to: Jim Harvey, Village Attorney McKeown, Fitzgerald, Zollner, Buck, Hutchinson, & Ruttle 2455 Glenwood Ave. Joliet, IL 60435 If to any owner of record of any real property located within the subject property, or the OWNER/DEVELOPER: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ With copies to: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Or to such address as any party hereto or an assignee or successor in interest of a party hereto may from time to time designate by notice to the other party hereto or their successors in interest. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written THE VILLAGE OF PLAINFIELD OWNER: a Municipal Corporation BY _______________________________ __________________________________ Village President ATTEST: ___________________________________ BY _______________________________ ___________________________________ Village Clerk ___________________________________ RECORD & RETURN TO: Village of Plainfield Village Clerk 24401 W. Lockport St. Plainfield, IL 60544