The owner shall provide, prior to a case being considered by the Grundy County board, a recorded copy of the declaration of covenants for the applicable homeowners' association for the subject property, which contains substantially the following language:
The record owner of each lot, shall at the time of application for building permit, pay a School Facilities Fee in accordance with the attached Exhibit " ". This is a private obligation running with the land at law. If said owner does not pay said fee at the time of application for building permit, the same shall constitute a lien on said lot. This covenant and foreclosure of said lien is restriction placed upon this property by the Declarant (Developer) and shall be enforceable by the developer or by the affected school district. Said lot owner shall be responsible for all reasonable attorney's fees and costs incurred in enforcing this covenant. This covenant may not be rescinded or amended without consent of the affected school district(s).
Owner shall present to the county, prior to the time of action on said final plat of subdivision, PUD and/or special use permit, at its cost, a commitment for title insurance issued or later dated not more than five (5) days before action by the county board, showing said covenant has been recorded and is a valid declaration of said requirement on said property, together with the affidavit that said covenant has not been amended, rescinded or revoked. (Ord. 10-001, 1-12-2010)