HomeMy WebLinkAboutRESOLUTION - 3-99 - 1/26/1999 - LOC/RELEASE/ACCEPT/CERT OF APPROVALRESOLUTION NO. 3-99
A RESOLUTION RELEASING AN IRREVOCABLE STRAIGHT LETTER OF CREDIT
NO. 1138-02 $19,870.00 (ACCEPTED BY RES. NO. 23-96) AND
ACCEPTING AN IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1259-02
FROM MIDWEST BANK AND TRUST COMPANY EXPIRING MAY 1, 2001 IN THE
AMOUNT OF $10,000.00 GUARANTEEING PUBLIC IMPROVEMENTS (SANITARY
SEWER AND STORM SEWER); ACCEPTING A CERTIFICATE OF APPROVAL AND
INITIAL ACCEPTANCE; DEED OF CONVEYANCE/BILL OF SALE AT LOUIS
SANFILIPPO SUBDIVISION (BUCKINGHAM COURT)
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, Illinois:
Section 1: That the President and Board of Trustees do hereby
authorize the release of Irrevocable Straight Letter of Credit No.
1138-02 from Midwest Bank and Trust Company in the amount of
$19,870.00 accepted by Resolution No. 23-96 and acceptance of
Irrevocable Standby Letter of Credit No. 1259-02 from Midwest Bank
and Trust Company in the amount of $10,000.00 expiring May 1, 2001
guaranteeing the maintenance of public improvements (sanitary sewer
and storm sewer) for Louis SanFilippo Subdivision described in the
engineering plans and specifications with revisions dated January 3,
1996, prepared by C.T. Amelese Associates, approved on February 22,
1996, and agreements (including any amendments thereof) on the
property legally described in Exhibit A (attached hereto and made
part thereof) and accept a Certificate of Approval and Initial
Acceptance, and Deed of Conveyance/Bill of Sale.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES 6 NAYS 0 ABSENT 0
PASSED this 26th day of January 1999•
APPROVED this 26th day of January 1999•
Craig B. Johnson
Village President
ATTEST:
Patricia S. Smith
Village Clerk
�r MIn��Yrf
December 4, 1998
Midwest Centre
501 W North Avenue
Melrose Park, IL 60160
708-865-2500 fhx 708-865-7013
IRREVOCABLE STANDBY LETTER OF CREDIT No. 1259-02
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove, Illinois 60007
Maintenance Guaranty
Amount: $ 10,000.00
Initial Expiration.: May 1, 2001
Gentlemen:
We hereby issue in your favor our Irrevocable Credit No. 1259-02 for the account of
Louis SanFilippo, hereafter called the "Developer", in the aggregate amount of
$10,000.00, U. S. Currency, available by your draft drawn on sight and marked "Drawn
under Letter of Credit No. 1259-02 dated December 4, 1998. These monies are to
guarantee the maintenance of public improvements for the following project: Louis
SanFilippo Subdivision described in the engineering plans and specifications with
revisions dated January 3, 1996, prepared by C. T. Amelese Associates, approved on
February 22, 1996, and agreements (including any amendments thereof) on the property
legally described in Exhibit A (attached hereto and made part thereof). Monies may be
drawn on sight by the Village of Elk Grove when accompanied by the following
document:
1) A signed statement by the Village Manager or any other duly authorized official of the
Village of Elk Grove Village certifying that any portion of the site improvements has not
been satisfactorily maintained.
The improvements in the above described project consist of:
A. Sanitary Sewer and Appurtenances
B. Storm Sewer and Appurtenances
Elmwood Park: 1606 North Harlem Avenue, Elmwood Park, Illinois 60707 • 708-456-4700 • Fax: 708-456-4775
Melrose Park: 501 West North Avenue, Melrose Park, Illinois 60160 • 708-865-2500 - Fax: 708-865-7013
Michigan Avenue: 300 South Michigan Avenue, Chicago, Illinois 60604 • 312-939-3900 • Fax: 312-939-0849
Pulaski Road 4012 Noah Pulaski Road, Chicago, Illinois 60641 • 773-202-3700 • Fax: 773-202-1499
Addison Street: 7227 West Addison Street, Chicago, Illinois 60634 • 773-237-8600 • Fax: 773-237-8686
A Subsidiary of Midwest Bane Holdings, Inc.
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Partial drawings are permitted under this Irrevocable Letter of Credit
If, within (30) days of the date of any demand (made in conformity with this Irrevocable
Letter of Credit) presented, we fail to honor same, we agree to pay all attorney fees, court
costs and other reasonable expenses incurred by the Village of Elk Grove Village in
enforcing the terms of this Irrevocable Letter of credit. The amount of each draft must be
endorsed on the reverse side of the original Irrevocable Letter of Credit by the Village
Engineer and attested by the Clerk. This Irrevocable Letter of Credit shall be utilized to
secure the maintenance of all improvements required under the Municipal Code of the
Village of Elk Grove Village and specified on the engineering drawings and in the
specifications and agreements. This Irrevocable Letter of Credit shall not operate as a
limitation upon the obligation of the Louis SanFilippo Subdivision to properly maintain
all improvements required by the Village of Elk Grove Village.
The undersigned shall notify the Village Manager, by certified mail, return receipt
requested, at least ninety (90) days prior to said expiration date that said Irrevocable
Letter of Credit is about to expire. It is expressly agreed by the undersigned that the
expiration date shall be automatically extended as shall be required to comply with this
notice provision and the requirements stated previously.
This Irrevocable Letter of Credit is Subject to the Uniform Customs and Practice for
Documentary Credits (1993 Revision), International Chamber of Commerce Publication
No. 500, most recent revision except as herein above modified.
We hereby agree with the drawers, endorsers, and bona fide holders of drafts drawn in
compliance with the terms of this credit that they shall be honored on presentation.
Dated: December 4, 1998
Issuing Financial Institution:
Midwest Bonk and'Frust Company
Sheldon Bemst m Executive Vice President
Attest: r
Shirley Mattse Loan Adyni istration Officer
Developer/Owner
"The undersigned hereby acknowledges the absolute right of the Village of Elk Grove
Village to draw on this Irrevocable Letter of Credit subject to the conditions herein set
forth and waives any right to enjoin the Village from so proceeding."
Date:
)
Developer/Ownerl�,
Note: If property is in a trust, attach a copy of the trust agreement as Exhibit.
Villaee Officials Approval/Acceptance Resolution:
Title Date
EXHIBIT A
Legal Description w/Phase Plan indicated (If applicable)
Village Officials Release Resolution:
Date
Brothers Development Corporation subsidiary of San Filippo Brothers Construction Company
320 Prospect, Elmhurst, IL 60126 • (708) 279-2678
EXIBIT -A
LEGAL DESCRIPTION OF PROPERTY FOR LOUIS SAN FILIPPO SUBDIVISION
DESCRIPTION: LOUIS SAN FILIPPO SUBDIVISION
OF PART OF:
THE NORTH HALF OF THE WEST HALF.OF THE SOUTHEAST QUATER
OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
SIGNATURE
Geral San Filippo
SIGNATURE DATE
3
PROCEDURE FOR ACCEPTANCE/CONVEYANCE
1. Developer submits one (1) set of blueline record drawings (as-builts).
2. The Village uses the record drawings to prepare a punch list.
3. Punch list work is completed by developer/contractor.
4. Following satisfactory completion of punch list work the developer must submit the
following to the Village:
CnA_ A. One (1) set of mylar record drawings (as-builts).
B. Two (2) sets of blueline record drawings (as-builts).
C. Completed Acceptance/Conveyance Documents (attached).
D. Two-year Maintenance Guarantee*
5. Upon receipt of all required items, the Acceptance/Conveyance documents and the
Maintenance Guarantee will be submitted to the Village Board for their review and
consideration.
6. Upon approval by the Village Board, the original Letter of Credit can be released.
*The maintenance Guarantee can be a Bond, Letter of Credit or cash. The amount shall
be 10% of the cost of public improvements or $10,000, whichever is greater. The
guarantee shall be for a period of not less than two (2) years, but can only expire during
the months of May, June, July, August, September or October.
CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE
SUBDIVISION:
Sin Frl�' �
(Project Name/ hase......etc.)
Request is hereby made by3rpAiars b e Et -CorP
to the Village of Elk Grove Village to approve the subdivision/project described above.
The following information is submitted in support of this request:
(x) Deed of Conveyance/Bill of Sale
( �) As -Built Engineering Drawings (3 -print sets/1 mylar set)
(X) Bill of Materials (material type, quantities and cost)
(>Q Maintenance Guarantee (Bond, Letter of Credit...etc.)
OWNER(S)/DEVELOPER(S):
ADDRESS: %%S KF-Arr
TELEPHONE: (DCU-v( 17-
WWWO
REFERENCE: C
Plan No. � Sheets Dated -h—W & specifica+.ions.
Prepared by
and approved by the Village of Elk Grove Village.
continued....
lL
ON
z
3
IMPROVEMENT DESCRIPTION:
( ) Watermain and Appurtenances
( ) Sidewalk
( �() Sanitary Sewer and Appurtenances ( )
(�) Storm Sewer and Appurtenances ( )
( ) Roadway (Curb and Gutter) ( )
( ) Roadway (Markings) ( )
CERTIFICATIONS:
Street tights
Parkway Trees
Ponds (Detention/Retention)
Other (Lift station... etc.)
DESIGN ENGINEER'S CERTIFICATION
To the best of my knowledge and belief, the construction of the above
described improvement has been completed in accordance with the referenced approved
plans and specifications.
Z6C,
(Date) (II. P.E. No.) (Signature)
SEAL
DEVELOPER/OWNER CERTIFICATION
FIELD INSPECTORS CERTIFICATION
I hereby certify that I (we) have regularly inspected the above described improvements
during the progress of construction and that to the best of my/our knowledge and belief
the work has been completed in conformance .th the approved plans and specifications.
(Date) (ignatur) (Title)
M
DEED OF CONVEYANCE/BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, THAT B (C�+VrG(S 1VCLG�K%�T
(the "Developer"), located at 775 Vya-- A-VGr
1�t.1111� -
1L Cnl? a (corporation, partnershi individu
authorized to do business in the State of Illinois, for and in consideration of the
sum of One Dollar ($1.00) and other good and valuable consideration in hand paid, the
receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Sell,
Transfer over, Convey and Deliver unto the Village of Elk Grove Village (the "Village"),
Cook and DuPage Counties, Illinois, a municipal corporation, to and for its own use
forever the following:
UNDERGROUNDIMPROVEMENTS
Watermain and Appurtenances
V� Sanitary Sewer and Appurtenances
Storm Sewer and Appurtenances
Lift Station and Force Main
Other
SURFACEIMPROVEMENTS
Roadways (Curb & Gutter/Pavement) (Street Names)
Sidewalks
Parkway Trees
Traffic Control/Street Signs
Stormwater Retention/Detention Basins
Other
E
located in the Project known as L O U /
SGn F111ppa S01 -0e511
(the "Project") as described on the "as -built" engineering plans prepared by C T
A �jSP, located at 8711 f 04 (ZCifiGl
I-4re Tit -the K (LLs 11L- loo 1 oa
and dated _9q which plans with "Bill of Materials" are incorporated by
reference and made a part hereof.
WHEREAS, the Developer does hereby warrant to the Village, it is the lawful
owner of and has good and marketable title to the aforadescribed improvements; that the
same are free from all encumbrances; that the Developer has the right to Sell the same;
and that the Developer warrants and will defend and hold harmless the Village against
the lawful claims and demands of all persons with respect to the title hereby conveyed;
and that the execution of this Bill of Sale/Deed of Conveyance is an authorized Act of
Said Corporation, Individual or Partnership.
IN WITNESS WHEREOF, the Dgyelop r has as caused this instrument to be signed
and delivered this day of 19
(NAME) (DATE) C(f� [ C'LA,C E V
(TITLE) "OFFICIA SEP,
Vlayures P. Chlipa
Notary Pubiic, State oi' r!linois
ATTEST:
My ev;mr
h(�
NOTA Y
SEAL
(NAME) (DATE)
DEVELOPER(S)/OWNER(S) �f�Y(cJ� Z—
(NAME) (DATE)
VILLAGE INSPECTOR (�uxu: /-/5_-%2
(NAME) (DATE)
ASSISTANT VILLAGE ENGINEER: CERTIFICATION
All work required for this development has been inspected and found to be
completed in a satisfactory manner. All documentation for acceptance has been
submitted and found to be acceptable.
I1
(DATE)
(TITLE)
AND ACCEPTANCE OF GOVERNING AUTHORITY
The VILLAGE OF ELK GROVE VILLAGE does hereby approve and accept for
maintenance and operation the above described improvement. It is understood that the
guarantee period of 24 months shall commence as of the date of Village Board
acceptance.
It is also understood that this approval and acceptance covers only the specific
work indicated above and is subject to a final punch list being made concerning
ad;ustment, alignment and necessary repairs of all structures, boxes, hydrants, etc.
Acceptance of maintenance by the Village does not relieve the developer from the
responsibility of keeping all dirt and debris due to construction operations out of both
storm and sanitary sewer systems. Final acceptance of the subdivision or other general
development is conditional upon completing all indicated items on the final punch list. It
is the responsibility of the owner or developer to request the final punch list to be made.
IM -
APPROVAL