Illinois Appellate Court
Civil Court
Real Estate
Townhome Owners Association sued master plan development, seeking a declaration that a license agreement entered into between developer and master plan development did not obligate the townhome property owners to pay yearly assessments to development for the use of its 25 miles of paths for biking and walking. Agreement between development and developer was unambiguous, and parties did not intend to create a covenant that would run with the land, as agreement provided that it would allow use of paths for 50 years, whereas a covenant running with the land binds successor grantees indefinitely. Developer never took the necessary step, for agreement to be binding on townhome owners, to amend the townhome declaration. That breach caused the development to become involved in suit, thus is required to indemnify it for its losses, including attorney fees. (McLAREN and BURKE, concurring.)