Loading...
HomeMy WebLinkAboutRESOLUTION - 48-04 - 11/16/2004 - 3RD AMEND VACANT LAND PURCHASE AGREERESOLUTION NO. 48-04 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A THIRD AMENDMENT TO VACANT LAND PURCHASE AGREEMENT BETWEEN GULLO INTERNATIONAL DEVELOPMENT CORPORATION AND THE VILLAGE OF ELK GROVE VILLAGE (DIERKING TERRACE) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: THIRD AMENDMENT TO VACANT LAND PURCHASE AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 16th day of November 2004. APPROVED this 16th day of November 2004. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk THIRD AMENDMENT TO VACANT LAND PURCHASE AGREEMENT THIS AMENDMENT TO PURCHASE AGREEMENT ("Amendment') is made this 16th day of j2y±mbeS 2004 by and between Gallo International Development Corporation, its assignee(s) or nominee(s) ("Purchaser"), and Village of Elk Grove Village ("Seller"). RECITALS A. Seller and Purchaser have entered into that certain Vacant Land Purchase Agreement dated April 1, 2003 as amended by a later agreement dated May 21, 2003 and subsequent letter agreements, the Amendment to Vacant Land Purchase Agreement dated February 10, 2004 and the Second Amendment to Vacant Land Purchase Agreement dated Aua . 17, Z004, the ("Purchase Agreemenfj relating to the "Project" described therein. All initially capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Purchase Agreement. B. The parties have agreed to amend the Purchase Agreement as herein provided. NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, and the above recitals which are by this reference incorporated herein, the sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto agree_ as follows: 1. Amendments. The Purchase Agreement is hereby modified in pertinent part as follows, Paragraph 4 entitled Roadway Improvements shall be amended by adding the following: 4(b) Sanitar___�► Sewer improvements. Seller, at its sole cost and expense, shall provide a permanent sanitary sewer line with a minimum diameter of eight (9) inches to service the subject p vpmty at the location designated on Exhibit "A" attached hereto and made a part hereof ("Sanitary Sewer Improvements). Seller shall prepare the necessary engineering drawings for the Sanitary Sewer improvements and shall install the Sanitary Sewer Improvements in accordance with the specifications set forth on Exhibit `B" to be supplied by Seller and agreed upon by the parties and attached hereto and made apart hereof. In full consideration for the Sanitary Sewer Improvements, Purchaser shall pay to Seller forty: thousand dollars ($40,000.00) to be added to the Purchase Price at closing. The Sanitary Sewer Improvements will be completed in a good and workmanlike manner in accordance with all applicable requirements. AU Sanitary Sewer .Improvements shall be completed by Seller on or before ninety (90) days after receipt of written notice from Purchaser requesting the installation of the Sanitary Sewer Improvements ("Outside Sanitary Sewer Improvement Date"). 2. Other Provistous in Effect. All other provisions of the Purchase Agreement not modified hereby shall remain in full force and effect. 3. Conflict or Inconsistencies. In the event of any conflicts or inconsistencies between the provisions hereof and those of the Purchase Agreement, the provisions hereof shall control. 4. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original; but all of which together shall constitute one and the same instrument. The parties agree that the use of facsimile signatures for the execution of this Aniendment shall be legal and binding and shall have the same full force and effect as if originally signed. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. PURCHASER: GULLO INTERNATIONAL DEVELOPbWM CORPORATION By: Name: Its: Diana Giallo Wid AMcndmw lQ2"4 SELLER: VILLAGE OF ELK GROVE VILLAGE gy; Craig B. Johnson Name: Craig B. Johnson Its• Mayor Ot' cn va w. is iu-Jloq(44uDtSZ9 }liOH- T-133 P.01/02 f-397 14. � �-` oo•o;r opw a010�j tw �.e�+. ;�J.Cr ilns� r-�L.ds . ..�'....� r 1„«. �....Ir._.w •`2'.• y"7bi d /�An oA MVI►1 LJJ _ 40 -�1f _ r..�r��1`� 7_ ` ; '4 nflR � • ~\:01•JI� ANG C4 ., ,,gym It r • 1 1111[7 •L LAA7 17T oy ELK GROVE VILLAGE C X W/ 6 / SEWER SYSTEM SPECIFICATIONS I. The Metropolitan Water Reclamation District (M.W.R.D.) Permit Section (708) 780-4055) and the Elk Grove Village Engineering Department (847) 357-4230 shall be notified at least two (2) working days prior to the commencement of any sewer work. 2. Sewers shall be constructed of one or more of the following materials as specified on the plans: a. Polyvinylchloride plastic gravity sewer pipe (PVC) SRD 26 (ASTM D-2241 with D 3139 joints) . b. Ductile Iron Pipe Class 52 (ANSI A21.51 with ANSI A21.11 joints) C. Reinforced concrete pipe (ASTM C-76 wi th ASTM 0- 443 joints) of the class shown on plans. Not approved for sanitary sewers. 3. Sewers shall be constructed on a bedding comprised of 1/4" to 1" size aggregate with a minimum thickness of 4 inches: a. PVC pipe shall be backfilled with aggregate to a minimum of 12 inches over the top of pipe. b. Ductile iron and RCP shall be backfilled with aggregate to the spring line. C. Crushed aggregate (CA -6) shall be used for backfilling all trenches under or within two (2) feet of existing or proposed curbs, sidewalks, pavement or buildings. Aggregate shall be compacted in 12 inch lifts in, accordance with Method 1, Article 550.07 of the Standard Specifications (I.D.O.T.) . 4. When connecting to an existing sewer main by means other than an existing wye, tee or an existing manhole, the following method shall be used: Circular sawcut of sewer main by proper tools ("Sewer Tap" machine or approved equal) and proper installation of Hub -Wye Saddle or Hub -Tee Saddle. 5. "Band -Seal" or similar flexible type couplings shall be used to connect sewer pipes of different material or different size. Page 2 6. Sanitary and storm sewer manholes shall be precast structures with the diameter dependent on the pipe size. The concrete bottom shall be cast integral with the lowest barrel section unless noted otherwise on plan. 7. All manholes shall be equipped with steps. 8. All manholes shall have a maximum of two (2) adjusting rings and a maximum adjustment of eight (8) inches. 9. All manhole sections and adjusting rings shall be securely sealed to each other and to the frame and cover using resilient flexible non -hardening preformed bituminous mastic (Ram-Nek or approved equal) or Butyl Rubber Joint Sealer (easy stick or approved equal). 10. The following Type 1 Frames and Closed Lids shall be used on all manholes: Neenah Foundry #R-1712 with Type B cover. East Jordan Iron Works #2050 EXHD with Type A #540 cover. Sanitary covers shall have a 1 inch concealed pickhole and a rubber self-sealing gasket. Sanitary manholes shall have the word "SANITARY" imprinted on the cover. Storm manholes shall have the word "STORM" imprinted on the cover. 11. All sanitary sewer manholes and sanitary inspection manholes shall have an external chimney seal installed between the frame and cone section (see Detail). If conditions prohibit installation, an internal chimney seal will be allowed with Village permission. 12. All sanitary manholes shall have flexible gasketed couplings precast into structure for all pipe connections (see Detail). 13. Catch basins shall be precast structures with the bottom cast integral with the lowest section and the diameter dependent on the pipe size. Catch basins shall have a minimum 24 inch sump. 14. Inlets shall be Type A precast with an integral concrete bottom and a minimum depth of sixteen (16) inches. Page 3 15. Catch basins and inlets shall have a Type 1 Frame and Open Grate as follows unless noted on plans: a. Neenah Foundry #R-2505 with Type D Grate. b. East Jordan Iron Works #1050 BXHD with Type M1 Grate #510. 16. All floor drains and floor drain sump pump connections shall discharge into the sanitary sewer. 17. All downspouts and footing drains shall discharge into the stoxm sewer or on the ground. (Commercial and Industrial only) 18. All sanitary sewer shall be subject to the following testing BEFORE being placed in service: a. Infiltration test per M.W.R.D. Standards. b. Low pressure air test shall follow the procedure set forth in Section 31, paragraph 31 - 1.11B (3) of the Standard Specifications for Water and Sewer Main Construction in Illinois. C. All PVC pipe shall be subject to a deflection test per Article 10 of the M.W.R.D. Manual of Procedures. d. Testing must be done in the presence of the Village, and M.W.R.D. inspectors. 19. All sanitary sewers dedicated to the village eight (8) inches or larger shall be televised upon completion. A copy of the video tape (VHS format) shall be furnished to the Village for their records.