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HomeMy WebLinkAboutRESOLUTION - 23-90 - 3/13/1990 - LOC ACCEPTED/DEED OF CONV/BILL OF SALERESOLUTION NO. 23-90 A RESOLUTION RELEASING LETTERS OF CREDIT NO. 8798 AND NO. 8834 ACCEPTED BY RES. NOS. 8-87 AND 29-87 AND ACCEPT CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE; DEED OF CONVEYANCE/BILL OF SALE; MAINTENANCE LETTER OF CREDIT 10268 IN THE AMOUNT OF $18,064.00 EXPIRING MAY 1, 1992 GUARANTEEING MAINTENANCE OF PUBLIC IMPROVE- MENTS FOR TOUHY/HIGGINS SUBDIVISION NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That the President and Board of Trustees do hereby authorize the release of Letter of Credit No. 8798 accepted by Resolution No. 8-87 in the amount of $217,300.00 securing the installation of public improvements and Letter of Credit No. 8834 accepted by Resolution No. 29-87 in the amount of $71,500.00 securing the installation of the uff-site watermain. 1. Section 2: That the President and Board of Trustees do hereby accept a Certificate of Approval and Initial Acceptance, Deed of Conveyance/Bill of Sale, and Letter of Credit No. 10268 in the amount of $18,064.00 expiring May 1, 1992 guaranteeing the maintenance of public improvements for Touhy/Higgins Subdivision as described in the engineering plans and specifications with revisions dated September 10, 1986 and April 21, 1987, prepared by Cowhey Gudmundson Leder, Ltd., 300 Park Blvd., Itasca, Illinois 60143, and agreements (including any amendments thereof) on property legally described in Exhibit "A" attached hereto and made a part hereof. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 13th day of March 1990. APPROVED this 13th day of March 1990. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: TOUHY-HIGGINS SUBDIVISION-- LJ"r-r .C,Ye,4"J (Project Name/Phase..... etc.) Request is hereby made by McLennan Commercial/Industrial Brokerage Company to the Village of Elk Grove Village to approve the subdivision/project described above. The following information is submitted in support of this request: 171 Deed of Conveyance/Bill of Sale 1-1 "As -Built" Engineering Drawings (3 -print sets/1 mylar set)* 17I Bill of Materials (Material type, Quantities & Cost) Maintenance Guarantee (Bond, Letter of Credit ... etc.* *These documents are already in possession of the Village Lnp�ineer uwNnxks)/L)hvLLurxxo): McLennan Commercial/industrial !3rokerage Company as Agent for the Owner .ADDRESS: 25 td. Northwest Fwy. Park Ridge, IL 60068 TELEPHONE: 825-0011 REFERENCE: Plan No. Sheets , Dated Prepared by and approved by the Village of Elk Grove Village. & specifications. CONT'D..... IMPROVEMENT DESCRIPTION: CERTIFICATIONS: III Watermain and Appurtenances I� Sanitary Sewer and Appurtenances I� Storm Sewer and Appurtenances I� Roadway (curb and Gutter) I� Roadway (Markings) I� Sidewalk I-7 Street Lights I-7 Parkway Trees Q Ponds (Detention/Retention) I-7 Other (Lift Station... etc.) DESIGN ENGINEER'S CERTIFICATION To the best of my knowledge and belief, the construction of the above described improveent has been completed in accordance with the approved plans / and specifictions, prepared by (Name) ��a77�i[?d C7!!C%J�IKLl�SC l Ge��c� (Address)yyB �/E��GG� /'�c.+?c=Er Zf�se a -Z7-/. 6 e /'f 3 (DATE) (IL. P.E. NO.) (SIGNATURE) SEAL DEVELOPER/OWNER CERTIFICATION FIELD INSPECTORS CERTIFICATION !' I hereby certify that k (we) have regularly inspected the above described -3 - 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 specifictions. DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that McLennan Commercial/Industrial Brokerage Co., Inc. (the "Developer"), located at 25 N. Northwest Highway, Park Ridge, IL 60068 an Illinois (corporation, partnership, 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 QWatermain and Appurtenances QSanitary Sewer and Appurtenances QStorm Sewer and appurtenances QLift Station and Force Main Ej Other SURFACE IMPROVEMENTS Roadways (Curb & Gutter/Pavement) (Street Names) I�j Sidewalks QParkway Trees Traffic Control/Street Signs Storm Water Retention/Detention Basins Q Other cont'd... IMPROVEMENT DESCRIPTION: (X ) Watermain and Appurtenances ( ) (X ) Sanitary Sewer and Appurtenances ( ) (X ) Storm Sewer and Appurtenances ( ) ( ) Roadway (Curb and Gutter) ( ) ( ) Roadway (Markings) ( ) CERTIFICATIONS: Sidewalk Street Lights 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. /09 0&Z—Ohs/61-5L " .�t L�vCf 7 / (DATE) (IL. P.E. NO.) (SIGNATURF'y�� A. / • `s LEA LN DEVELOPER/OWNER CERTIFICATIONof �\ •"•• OF ' r 'f •• FIELD INSPECTORS CERTIFICATION x`4/1 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. 1 12/5/88 � "„�,- � � �. Vice President (DATE) (SIGNATURE) (TITLE) CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Touhy-Higgins Subdivision (Project Name/Phase...... etc.) Request is hereby made by McLennan Commercial/Industrial Brokerage Co, Inc 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 (X ) "As -Built" Engineering Drawings (3 -print sets/1 mylar set) ( ) Bill of Materials (Material type, Quantities & Cost) ( ) Maintenance Guarantee (Bond, Letter of Credit... etc. OWNER(S)/DEVELOPER(S): THM Interests, Inc. ADDRESS: 25 N. Northwest Hi Park Ridge. IL 60068 TELEPHONE: (312) 631-6400 REFERENCE: Plan No. 706 Sheets 3 P , 19& DatedSe t. 10 specifications. Prepared by Cowhey Gudmundson Leder, Ltd. and approved by the Village of Elk Grove Village, January 30, 1987 Cont'd....... -z - located in the Project known as Touhy-Higgins Subdivision , (the "Project") as described on the "as -built" engineering plans prepared by Cowhey Gudmundson Leder, Ltd. located at 300 Park. Blvd., Itasca, IL 60143 and dated September 10, 19$6 , 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 delivered this 6th day of December 19 89 / CORPORATE 12/6/89 SEA!, (NAME) (DATE) Vice President (TITLE) ATTEST: (NAME) "OFFICIAL SEAL" NIA H. FAY Notary�l➢8, State of Illinois (DATE) My Commission Expires 12/1/91 DEVELOPER(S)/OWNER(S) (NAME) (DATE) VILLAGE INSPECTOR C (NAME) r(DATE) -3 - ASSISTANT VILLLAGE 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 t C /A4 . C;&' /440 (DATE) 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 maintenance by 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) DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that THM INTERESTS, INC. (the "Developer"), located at 25 N. Northwest Hwy., Park Ridge, IL , a corporation (corporation, partnership, 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 XI� Watermain and Appurtenances QSanitary Sewer and Appurtenances QStorm Sewer and Appurtenances F7 Lift Station and Force Main 7 Other SURFACE IMPROVEMENTS QRoadways (Curb & Gutter/Pavement) (Street Names) Sidewalks QParkway Trees Traffic Control/Street Signs Storm Water Retention/Detention Basins Other cont'd... -2 - located in the Project known as TOUHY-HIGGINS SUBDIVISION , (the "Project") as described on the "as -built" engineering plans prepared by Cowhey Gudmundson Leder, Ltd. located at One Pierce Place - Suite 250c, Itasca, IL 60143 and dated October 15. 1987 , 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 improve- ments; 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 Conveyance is an authorized Act of Said Corporation, Individual or Partnership. p EvELO �cP IN WITNESS WHEREOF, the Yiiiage has caused this instrument to be signed and delivered this 29th day of January , 19 88 (NAME) Vice President /Secretary (TITLE) THM INTERESTS. INC. ATTEST: Secretary, THM INTERESTS INC. CORPORATE y -Z7 gy SEAL ( ATE)' " ML Sr:] P�IIA H. ( ATE) Notary Public, State F�_�. y Commission Expire McLennan Commercial/Industria Brokerage Co. (Developer) as agent DEVELOPERS)/OWNER(S) for THIN INTERESTS INC I (Owner) (NAM (DATE) VILLAGE INSPECTOR 2-26-7c:, (NAME) (DATE) ASSISTANT VILLLAGE 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. 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, act. Acceptance of maintenance by 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) GGK Gpov 0.�� J IRREVOCABLE LETTER OF CREDIT GNGtHG� J�GOT February 16, 1gXJtkl 1 o' CO Village of Elk Grove Village 901 Wellington Avenue Elk Grove, Illinois 60007 Letter of Credit No. 10268 Amount: $18.064.00 Expiration Date: May 1, 1992 Gentlemen: We hereby establish our Irrevocable Straight Letter of Credit in your favor for the account of McLennan Commercial Industrial Brokerage Company, 25 N. Northwest Highway, Park Ridge, Illinois 60068, hereafter called the "Developer', in the aggregate amount of Eighteen Thousand Sixty Four and 00/100 (S18,064.00), U. S. Currency, available by your draft drawn on sight and marked "Drawn under Letter of Credit No. 10268 dated February 9, 1990. These monies are to guarantee the maintenance of public improvements for the following project: Touhy-Higgins Subdivision Site Improvements and Offsite Watermain Extension described in the engineering plans and specifications with revisions dated September 10, 1986 and April 21, 1987, prepared by Cowhey Gudmundson, Leder, Ltd., 300 Park Blvd., Itasca, Illinois 60143, 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: 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: Watermain and Appurtenances Sanitary Sewer and Appurtenances Storm Sewer and Appurtenances Sidewalk Partial drawings are permitted under this Irrevocable Letter of Credit. Said drafts may be submitted for payment for a ninety (90) day period following 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 ]rrcvocable 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. Subsidiary of NBD illinois. Inc. NBD Park Ridge Ban, One S. Northwest Highway Park Ridge, Illinois 60068 Phone 312.399.410 ws o t G�Not. GGK Gpov 0.�� J IRREVOCABLE LETTER OF CREDIT GNGtHG� J�GOT February 16, 1gXJtkl 1 o' CO Village of Elk Grove Village 901 Wellington Avenue Elk Grove, Illinois 60007 Letter of Credit No. 10268 Amount: $18.064.00 Expiration Date: May 1, 1992 Gentlemen: We hereby establish our Irrevocable Straight Letter of Credit in your favor for the account of McLennan Commercial Industrial Brokerage Company, 25 N. Northwest Highway, Park Ridge, Illinois 60068, hereafter called the "Developer', in the aggregate amount of Eighteen Thousand Sixty Four and 00/100 (S18,064.00), U. S. Currency, available by your draft drawn on sight and marked "Drawn under Letter of Credit No. 10268 dated February 9, 1990. These monies are to guarantee the maintenance of public improvements for the following project: Touhy-Higgins Subdivision Site Improvements and Offsite Watermain Extension described in the engineering plans and specifications with revisions dated September 10, 1986 and April 21, 1987, prepared by Cowhey Gudmundson, Leder, Ltd., 300 Park Blvd., Itasca, Illinois 60143, 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: 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: Watermain and Appurtenances Sanitary Sewer and Appurtenances Storm Sewer and Appurtenances Sidewalk Partial drawings are permitted under this Irrevocable Letter of Credit. Said drafts may be submitted for payment for a ninety (90) day period following 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 ]rrcvocable 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. Subsidiary of NBD illinois. Inc. February 16, 1990 Village of Elk Grove Letter of Credit No. 10268 Page Two of Three 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 McLennan Commercial Industrial Brokerage Company, Inc. to properly maintain all imprmenrcnts 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 (30) 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 docs elect not to arbitrarily request renewal of this Irrevocable Letter of Credit for such additional one (1) year period without due cause. 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 requirement stated previously. This Irrevocable Letter of Credit is subject to the "Uniform Customs and Practice for Document Credit" the International Chamber of Commerce Publication #290, 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. NBD PARK RIDGE BANK: Title February 16, 1990 Village of Elk Grove Letter of Credit No. 10268 Page Three of Three 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." (���� 7 Developer/Owner: (1) (2)� //`�""'�' � �tt.��4:-t ateand Title �'�' �` Name and Title Note: If proper s in a trust, attach a copy of the trust agreement as Exhibit. Village Officials Approval/Acceptance Resolution: (Title) (Date) EXHIBIT A Legal Description w/Phase Plan indicated (if applicable) Village Officials Release (Title) (Date) EXHIBIT "A" LEGAL DESCRIPTION TOUHY/HIGGINS SUBDIVISION BEING A SUBDIVISION IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.