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Home My WebLink AboutRESOLUTION - 28-05 - 5/24/2005 - LOC/RELEASE ACCEPT, CERT OF APPROVALRESOLUTION NO. 28-05 A RESOLUTION RELEASING A LETTER OF CREDIT NO. 136 FROM FIRST COMMUNITY BANK IN THE AMOUNT OF $157,991.00 (ACCEPTED BY RES. NO. 49-02) AND ACCEPTING A LETTER OF CREDIT NO. 153 IN THE AMOUNT OF $14,363.00 FROM FIRST COMMUNITY BANK EXPIRING MAY 1, 2007; A CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE; DEED OF CONVEYANCEBILL OF SALE TO GUARANTEE PUBLIC IMPROVEMENTS (WATERMAIN, SANITARY SEWER, STORM SEWER, ROADWAY, SIDEWALK, STREET LIGHTS, AND PARKWAY TREES) AT THE SARA'S COURT SUBDIVISION (PATRICK FLAYERS BUILDERS. INC.) 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: Section 1: That the Mayor and Board of Trustees do hereby authorize the release of Letter of Credit No. 136 dated October 7, 2002 from First Community Bank in the amount of $157,991.00 accepted by Resolution No. 49-02 and accept a Letter of Credit No. 153 dated January 12, 2005 in the amount of $14,363.00 from First Community Bank expiring May 1, 2007; a Certificate of Approval and Initial Acceptance; Deed of Conveyance/Bill of Sale to guarantee the maintenance of public improvements (watermain, sanitary sewer, storm sewer, roadway, sidewalk, street lights and parkway trees) in the Sara's Court Subdivision described in the engineering plans and specifications with revisions dated September 15, 2004, prepared by Balsalmo-Olsen Engineering, and agreements (including any amendments thereof) on the property legally described in Exhibit A (attached hereto and made part thereof). 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 24th day of May 2005 APPROVED this 24th day of May 2005 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk L,OCSwuCtSubreleweaccept LETTER OF CREDIT Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 Gentlemen: Maintenance Guaranty Letter of Credit No. 153 Date: January 12, 2005 Amount $ 14,363.00 Expiration Date: May 1, 2007 �� -:_kit 119 m We hereby establish our Irrevocable Straight Letter of Credit in your favor for the account of Patrick Flayers Builders, Inc., hereafter called the "Developer", in the aggregate amount of $14,363.00, U.S. Currency, available by your draft drawn on sight and marked "Drawn under Letter of Credit No. 153 dated January 12, 2005. These monies are to guarantee the maintenance of public improvements for the following project: Sara's Court, described in the engineering plans and specifications with revisions dated —,S -Z , ,1-, 2yoy, prepared by /6-o; 4"f .",u 045 r.V ",�. n4dr,t i r.f 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 Village 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. Member FDIC 165 South Randall Road • Elgin, Illinois 60123 (847) 622-8800 • Fax (847) 622-8861 • www.ilrstcombankxom LENDER Locally Owned and Managed Member FDIC Page 2 The improvements in the above described project consist of: (X appropriate boxes). Water Main and Appurtenances w" Sanitary Sewer and Appurtenances r( Storm Sewer and Appurtenances Roadway (Curb & Gutter, Pavement) Sidewalk 8' Street Lights e Parkway (trees, etc.) V Traffic Control (signals, signs markings) e Ponds (detention/retention) ❑ Excavation (soil erosion control, stockpile) ❑ 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 following the completion date of this Irrevocable Letter of Credit and said draft shall be duly honored upon presentation during the ninety (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 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 Director of Engineering & Community Development 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 Ir7vocable Letter of Credit shall not operate as a limitation upon the obligation of the 4At c« A /I fy no, 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 (1) 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 Director of Engineering & Community Development 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. Page 3 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 Document Credit" the International Chamber of Commerce Publication #290, 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: _ /—/Z -b 5 - Issuing Fi ial In First Community Bank By:e iDr LeY le��olefl�' arae) (Title) Page 4 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: j/L �Os' „ Developer/Owner: (1) _ �` ��s 1 q el (Name and Titl� (2) (Name and Title) NOTE: If property is in a trust, attach a copy of the Trust Agreement as Exhibit. Village Officials Amroval/Acceptance Resolution: (Title) (Date) EXHIBIT "A" LEGAL DESCRIPTION: LOT 2 IN MANOR CARE II SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST'/, OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 5, 2002 AS DOCUMENT 0020249506, IN COOK COUNTY, ILLINOIS. Page 5 EXHIBIT A Legal Description w/Phase Plan indicated (if applicable) Village Officials Anaroval/Accentance Resolution: (Title) (Date) SUBDIVISION: (Project Name/Phase ...... etc.) kNCE All' Request is hereby made byPatri Flavers B_ u_f,aara, Tnr_ _ to the Village of Elk Grove Village to approve the subdivision/project described above. The following information is submitted in support of this request: (pl Deed of Conveyance/Bill of Sale (14 As -Built Engineering Drawings (3 -print sets/1 mylar set) (✓f Bill of Materials (material type, quantities and cost) (14 Maintenance Guarantee (Bond, Letter of Credit...etc.) OWNER(S)/DEVELOPER(S): Patrick Flayers Builders, Inc. REFERENCE: ADDRESS: 1083 Florida Lane Elk Grove Village, IL 60007 TELEPHONE: 630-539-4038 Plan No. Sheets I — II _, Dated 10-14-04 & specifications. Prepared by and approved by the Village of Elk Grove Village. continued.... IMPROVEMENT DESCRIPTION: N Watermain and Appurtenances ) Sidewalk q>q Sanitary Sewer and Appurtenances Street Lights �>Q Storm Sewer and Appurtenances ( ) Parkway Trees Roadway (Curb and Gutter) i�-A Ponds (Detention/Retention) <aF,C--SA7� M 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. /G-1_--42 41 OZ -0967,7 (Date) (II. P.E. No.) (Signature) A� Fes: 28027 ••,c� 1 REGISTERED. DEVELOPER/OWNER CERTIFICATION *;'P �jE�RA.L; OF FIELD INSPECTORS CERTIFICATION I N O,c',,/) I hereby certify that I (we) have regularly inspected the above described 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 plains and specifications. oY 1- 'e5-irte,:) - (Date) (Signatur (Title) DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, THAT Patrick Flayers Builders, Inc. (the "Developer"), located at 1083 Florida Lane Elk Grove Village 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 corporation, to and for fts own use forever the following: UNDERGROUNDIMPROVEMENTS ✓ Watermain and Appurtenances Sanitary Sewer and Appurtenances Storm Sewer and Appurtenances Lift Station and Force Main Other SURFACE IMPROVEMENTS ✓ Roadways (Curb & Gutter/Pavement) (Street Names) ✓ Sidewalks ✓ Parkway Trees Traffic Control/Street Signs Stormwater Retention/Detention Basins Other located in the Project known as Sara court , (the "Project') as described on the "as -built' engineering plans prepared by Balsalmo-Olsen Engineering ,located at 4906 Main Street, Lisle, IL and dated 9/15/04 , 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 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 Developer has caused this instrument to be signed and delivered this �7y'` day of W 2-9-y C� (NAME (TITLE) (DATE) • n.PA t CORPORATE SEAL �9�I eal g1y atalano �� Notary Public State of Illinois My Commission Expires 10109106 DEVELOPERS)/OWNER(S) % �y A/ (NAME) (DATE) VILLAGE INSPECTOR oY-,29-05- (61AM E) /y (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. 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, 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. Earthwork Unit Est. City. Unit Cost Est. Cost 6" top soil replacement CY 79 30.00 2370.00 Sad(Parkway) SY 476 3.00 1428.00 SUB Total 3798.00 Miscellaneous Unit jEstQty. ]Unit Cost Est. Cost Street Trees Ea 18 400.00 1 7200.00 SUB Total 1 7200.00 Watermain Items Unit Est. City. Unit Cost Est. Cost 8" Dip Class 54 with fittings LF 132 60.00 7920.00 Polyethylene wrapping and Bore /Jack 8" Dip Class 52 with fittings LF 664 18.00 11952.00 Polyethene wrapping 12" Dip Class 52 with fittings LF 340 26.00 8840.00 Polyethylene wrapping Fire Hydrants, Aux Valve EA 2 1200.00 2400.00 valve box, 6" leads 8" valve 5" dia. Valve Vault EA 2 1100.00 2200.00 12" valve 5" dia. Valve Vault EA 1 1600.00 1600.00 8" Pressure connection to EA 1 2500.00 2500.00 exisbn 8" WM with tapping valve, vault and sleeve Connect to exisitin 12" WM EA 1 800.00 800.00 Granular Trench Backfill LF 40 15.00 600.00 Restoration of Off Site LS 1 3000.00 3000.00 SUB Total 41812.00 Engineering report used for LOC Street Systems Unit Est. City. Unit Cost Est. Cost PCC Curb and gutter type LF 520 9.00 4680.00 M-3.12 PCC Curb and gutter type LF 174 12.00 2088.00 B-6.24 1 1/2 Bituminous Concrete SY 968 3.50 3388.00 surface course class B-6.24 Curb & Gutter LF 170 6.00 1020.00 Removal 2" Bituminous Concrete Binder SY 968 4.00 3872.00 Course 14" aggregate base course SY 968 8.00 7744.00 type B CA -6 crushed stone Fine Grade Sub base SY 1100 1.00 1100.00 5" PCC Sidewalk SF 1880 3.50 6580.00 w/aggregate base 6" PCC Sidewalk SF 720 4.00 2880.00 w/aggregatb base(driveway) Stop Bar Paint FA 1 300.00 300.00 Street Lights complete EA 2 3000.00 6000.00 Including Direct Burial Cable Stop Sin EA 1 500.00 500.00 Bituminous Materials GAL 484 2.00 968.00 Prime Coat Bituminous Materials GAL 96 4.00 384.00 Tack Coat Restoration of ner a Rd Pkwy. LS 1 600.00 600.00 SUB Total I I I42104.00 Storm Drains Unit Est. City. Unit Cost Est. Cost 12" PVC SDR 26 LF 726 15.00 10890.00 18" PVC SDR 26 LF 26 25.00 650.00 21" PVC SDR 26 LF 226 29.00 6554.00 Granular Trench Backfill LF 36 15.00 540.00 21" Precast Flared End EA 1 1000.00 1000.00 Section with Grate 8" Stone Riprap with filter CY 6 80.00 480.00 Fabric Restoration of Off Site LS 1 1500.00 1500.00 Catch Basin Type C-1 EA 1 800.00 800.00 Catch Basin Type A-1 EA 9 1000.00 9000.00 Catch Basin Type A-2 EA 2 1000.00 2000.00 Inlet Type A-1 EA 2 750.00 1500.00 Inlet Type A-2 JEA 2 750.00 1500.00 SUB Total 1 36414.00 Sanitary Sewer Unit Est. City. Unit Cost Est. Cost 8" PVC SDR 2618"x6 wyes LF 360 18.00 6480.00 Manholes 4' DIA EA 3 1200.00 3600.00 TV/Tape 8" PVC Sanitary Sewer LF 360 2.00 720.00 Mandrell Test LS 11 1000.001 1000.00 SUB Total 11800.00 Grand Total 10% Increase for LOC 143128 $157,441