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HomeMy WebLinkAboutRESOLUTION - 54-96 - 10/8/1996 - CERT OF APPROVAL/DEED OF CONVEY ETC RESOLUTION NO. 54-96 A RESOLUTION ACCEPTING A CERTIFICATE OF APPROVAL AND ACCEPTANCE; DEED OF CONVEYANCE/BILL OF SALE; MAINTENANCE BOND IN THE AMOUNT OF $5,000.00 EXPIRING SEPTEMBER 18, 1998 GUARANTEEING PUBLIC IMPROVEMENTS (SANITARY SEVER) AND RELEASING AN IRREVOCABLE LETTER OF CREDIT NO. 1114 (ACCEPTED BY RESOLUTION NO. 24-96) FROM AMERICAN CHARTERED BANK IN THE AMOUNT OF $15,000.00 FOR BETTER LIVING SUBDIVISION #2 (LAVE/TONNE ROAD) 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 accept a Certificate of Approval and Acceptance; Deed of Conveyance/Bill of Sale and Maintenance Bond in the amount of $5000.00, expiring September 18, 1998 guaranteeing the maintenance of public improvements (sanitary sewer) for the Better Living Subdivision #2 in accordance with engineering plans and specifications, prepared by Carmunity Development, Inc., the approved plans and specifications with revisions dated 2/12/96, 3/5/96 and agreements (including any amendments thereof) . Section 2: That the Village of Elk Grove Village does hereby release Irrevocable Letter of Credit No. 1114 frau American Chartered Bank in the amount of $15,500.00 guaranteeing the completion of public improvements (sanitary sewer) for Better Living Subdivision #2 (Love/Tonne Road) . Said Irrevocable Letter of Credit expires June 18, 1997. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES 6 NAYS 0 ABSENT 0 PASSED this 8th day of October , 1996. APPROVED this 8th day of October , 1996. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith___ Village Clerk DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that PgA) C'. 9:;rW.VAer- (the "Developer") , located at (�D eA e la oele /L. 60©09 aN IAIA/d/OdgL _(cordon, paaF-R�p, individual) authorized to do business in the State of Illinois, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant , Sell, Transfer Over, Convey and Deliver unto the Village of Elk Grove Village (the "Village") , Cook and DuPage Counties, Illinois, a municipal corpor- ation, to and for its own use forever the following: UNDERGROUND IMPROVEMENTS Watermain and Appurtenances Sanitary Sewer and Appurtenances Storm Sewer and Appurtenances Lift Station and Force Main Other SURFACE IMPROVEMENTS Roadways (Curb 6 Gutter/Pavement) (Street Names) Sidewalks Parkway Trees Traffic Control/Street Signs Storm Water Retention/Detention Basins Other cont'd. . . IMPROVEMENT DESCRIPTION: ( ) Watermain and Appurtenances ( ) Sidewalk (1,-,) Sanitary Sewer and Appurtenances ( ) Street Lights ( ) Storm Sewer and Appurtenances ( ) Parkway Trees ( ) Roadway (Curb and Gutter) ( ) Ponds (Detention/Retention ( ) Roadway (Markings) ( ) Other (Lift Station. . .etc. ) + CERTIFICATIONS: DESIGN ENGINEER'S CERTIFICATION To the best of my knowledge and belief, the construction of the above described improvement has been completed in accordance with the referenced approved plans and .specifications. (DATE) (IL. P.E. NO. ) (SIGN i RES$ MED _ FROFEMONAL E ENGINEER DEVELOPER/OWNER CERTIFICATION �gT� t OF t FIELD INSPECTORS CERTIFICATION yA'i�4TNiNOF ````'` 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 with the approved plans and specifications. (DATE) (SIGNATURE) (TITLE) CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Z (Project Name/ hase. . . . . .etc. ) Request is hereby made byeaoe) (4, to the village of Elk Grove V°llage to approve the subdivision/project described above. The following information is submitted in support of this request/: (v) Deed of Conveyance/Bill of Sale (� "As-Built" Engineering Drawings (3-print V sets/l mylar set) CAI-, � (� Bill of Materials (Material type, Quantities I�'/ & Cost) � � P ( t/Y Maintenance Guarantee (Bond, Letter of Credit. . .et OWNER(S)/DEVELOPER(S) : ADDRESS:' ry D G� Ile , GYJ7' TELEPHONE: / " � 2 I-7-Z- REFERENCE: Plan No. Sheetsrw �, Dated specifications. a3 .6 � gyp,/ Prepared by �QQ V, JE/P (fZ on.yJ i and approved by the Village of Elk Grove Village. Cont'd. . . . . . -2- located in the Project known as 1J1�[►�t►� /Q/j/tfr• (,.//�plr1/S/O� _� 0 (the "Project") as described on the "as-built" engineering plans prepared by b'y } 2 located at J 1 f �J - DQ2 03 and dated o „pt �l�QG _ 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 aforedescribed improvements, that the same are free from all encumberances; 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 Con- veyance is an authorized Act of Said Corporation, Individual or Partnership. IN WITNESS WHEREOF, the Developer has caused this instrument to be signed and i- delivered this 1♦JJ�tJ,C7i•A day of e/J CORPORATE SEAL (NAME) 7 ( ATE) (TITLE) ATTEST: OFFICIAL SEAL N1MX#OEAgOART NOTAR 6",g STATE OF ILLINOIS MV COM N EXPIRES P18•Yef (NAME) ( TE) DEVELOPER(S)/OWNER(S) (NAME)) c(DATE) VILLAGE INSPECTOR SMAC/ lay �•-�J " 7�O (NAME) (DATE) -3- ASSISTANT VILLLAGE ENGINEER: CERTIFICIATION 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. (DATE) (,GAME) Lf (TITLE) APPROVAL 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 adjustment, alignment and necessary repairs of all structures, boxes, hydrants, ect. Acceptance of maintenanceby the Village does not relieve the developer from the responsibility of keeping all dirt and debris due to cons- truction operations out of both storm and sanitary sewer systems. Final accept- ance of the subdivision or other general development is conditional upon com- pleting 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. No re- fund of maintenance escrow monies will be made until all items in the final punch list have been corrected. VILLAGE OF ELK GROVE VILLAGE BY: (DATE) CHA T D BA1�TK ^K Village of Elk Grove Village maintenance Guaranty 901 wellington Avenue Elk Grove, Illinois 60007 Letter of Credit No. 1128 Date: sT• �t791G. Amount: S/�D_TQ Expiration Date: Scor Gentlemen: We hereby establish our Irrevocable Straight Letter of Credit in your favor for the account of 1-2d^/ 6. Awn w/,f,/.E+r eL w&,cre , hereafter called the "Developer", in the aggregate amount of $_�A� U. S. Currency, available by your draft drawn on sight and marked 'Drawn under Letter of Credit No. dated These monies are to guarantee the maintenance of public improvements for the following project: Tn'� Lj��j )6 wee i Z described in the engineering plans and specifications with revisions dated gZ / 3 -'.; prepared by !."✓. &u , Q7 %y,� .yrr/��Kapr�y�,v�r Yn'c, , and agree- ments (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: r 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: (X appropriate boxes). 0 Natermain and Appurtenances rVI LANJ Sanitary Sewer and Appurtenances QStorm Sewer and Appurtenances Roadway (Curb 6 Gutter, Pavement) 700 West Euclid,Palatine, Illinois 60067 " (847) 776-6200 " Fax (847)776-1626 Member FDIC C�T D S_idevalk Street Lights Parkway (Trees, etc.) Traffic Control (Signals, Signs, markings) OPonds (Detention/Retention) Excavation (Soil Erosion Control, Stockpile) O other (Retaining walls, etc.) Partial drawings are permitted under this Irrevocable Letter of Credit. Said drafts may be submitted for payment for a ninety (90) day period folloving the completion date of this Irrevocable Letter of Credit and said draft shall be duly honored upon presentation during the ninety day (90) days in accordance with the terms and provisions herein contained. If, within thirty (30) days of the date of any demand (made in conformity with this Irrevocable Letter of Credit) presented, we fall 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 reverie 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 ©i(iNt �Lwe- A? i- to properly maintain all improvements required by the Village of Elk Grove village. It is a condition of this Irrevocable Letter of Credit that it shall be automatically extended for one year from the present expiration date hereof unless thirty (301 days prior to such expiration date the- Village manager shall notify the undersigned in writing, certified mail, return receipt requested that he or she, based upon the advice and supporting documentation from the Village Engineer that he or she does elect not to arbitrarily request renewal of this Irrevocable Letter of Credit for such additional one (1) year period without due cause. 700 West Euclid,Palatine, Illinois 60067 • (847) 776-6200 • Fax (847)776-1626 Merriber FDIC AMERICAN CHARTERED BANK E The undersigned shall note village Manager, by certified mail,,return receipt requested, at least ninety (90) days prior to said expiration date that maid 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 Document Credit" the International Chamber of Commerce Publication 1290, most recent revision" except as herein above modified. We hereby agree with the drawers, indorsers, and bona fide holders of drafts drawn in compliance with the terms of this credit that they shall be honored on ,presentation. Datedr 9/18/96 Issuing Financial Institution: American Chartered Bank //�_ '/,y�r 700 W. Euclid Avenue, Palatine, IL 60067 By: = —' C ��Y J 5R.. J_ (Name) (Title) Edward G. Rollada, Senior Vice President 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." Dater Developer/Owner: (1) G"L, Name and Title Name and Title 700 West Euclid, Palatine, Illinois 60067 " (847) 776-6200 " Fax (847)776-1626 Member FDIC CUA- T RED AL Am Note: If property is in A trusts attach a copy of the trust agreement as Sahibit. Village Officials Aaproal/Acceptance Resolutions (Title) (Date) EXHIBIT A Legal Description v/Phase plan indicated (if applicable) Village Officials Release Resolution: (Title) (Date) 700 West Euclid,Palatine,Illinois 60067 (847) 776-6200 Fax (847)776-1626 Member FDIC