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R-60-23 Authorizing the Release of the Letter of Credit for Marble Landing Subdivision (Hartz Homes)R - � 0 -z3 418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Jason Berry, Community Development THROUGH: SUBJECT: A Resolution Authorizing the Release of the Letter of Credit for Marble Landing Subdivision (Hartz Homes) DATE: October 23, 2023 SUMMARY/BACKGROUND Hartz Construction Co, Inc. has sold the Marble Landing subdivision to builder Beechen and Dill. Following the amended annexation agreement approved by the Village Board on September 11, 2023, the Village is to take action and accept water, sanitary, and storm sewer utilities upon the successful execution of the annexation agreement plus the inspection and recommendation by the Village Engineer. The Village Engineer provided his concurrence to the Community Development Department on October 18, 2023, and recommends the release of two letters of credit (LOC) deposited with the Village by Hartz Construction Co. In place of this LOC, the Village Engineer has accepted a maintenance bond from Teton Development, LLC (Beechen and Dill) in the amount of $154,114.10 for the required two year maintenance period that follows Village acceptance of utilities. The Village Engineer has also accepted a Letter of Credit in the amount of $516,062.00 for the remaining site development items, which includes landscaping and streets. ANALYSIS Water Supply: the amended annexation agreement approved by the Village Board at the September 11, 2023 regular meeting states that the Village "shall accept dedication of said water mains within thirty (30) business days of execution" of the amended agreement. The agreement was executed on September 28, after Beechen and Dill closed on the property. Sanitary and Storm Sewers: the amended annexation agreement approved by the Village Board at the September 11, 2023 regular meeting states that "upon correction of the current sanitary sewer system infiltration issue and modification of lift station to three-phase service to the VILLAGE's satisfaction, the VILLAGE shall accept dedication of said sanitary sewer and lift stations within thirty (30) business days of VILLAGE inspection and approval of said corrections." These utilities have been inspected by the Village Engineer, Bruce A. Hill, following Hartz request on October 12, 2023, and provided his concurrence. In the Unified Development Ordinance, Financial Assurances for Site Development (Section 17.23.090.F.3) requires that prior to formal acceptance by the Village Board of the improvements and the release of the letter of credit or other financial guarantee held by the Village, a maintenance bond (in the form of a letter -of -credit or other approved security) must be posted with the Village in an amount equal to 10% of the approved engineer's estimate of original construction costs. The maintenance bond shall remain in effect for a minimum of two years after the date of formal Village Board acceptance of the said improvements. Within the two-year period the developer shall fix and repair immediately all deficient work as noted by the Village. Consistency with Village Policy STAFF RECOMMENDATION Approve the Resolution. BOARD ACTION REQUESTED Motion to Approve the Resolution. ATTACHMENTS A Resolution Authorizing the Release of the Letter of Credit for Marble Landing Subdivision (Hartz Homes) VILLAGE OF LEMONT RESOLUTION NUMBER R- -23 A RESOLUTION AUTHORIZING THE RELEASE OF THE LETTER OF CREDIT FOR MARBLE LANDING SUBDIVISION JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DA VE MAHER KEN MCCLAFFERTY KEVIN SHA UGHNESS Y RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on 10 -2-2023 RESOLUTION NO. R- P-0 23 A RESOLUTION AUTHORIZING THE RELEASE OF THE LETTER OF CREDIT FOR MARBLE LANDING SUBDIVISION WHEREAS, pursuant to the Lemont Unified Development Ordinance of 2008 ("UDO")�, an owner or developer of a subdivision is required to deposit certain security or evidence thereof with the Village of Lemont to guarantee the installation of public improvements; and WHEREAS, a public utility and drainage easement has been granted to the Village, as depicted on the Plat of Easement (attached hereto as Exhibit A), for the purpose of public infrastructure maintenance; and WHEREAS, in the matter of the Marble Landing Subdivision, owned and developed by the Hartz Construction Co. Inc., located generally between Archer Avenue and 127`" Street and east of Krystyna Place, two Irrevocable Letters of Credit issued by First Midwest Bank, No. 184033015-203, in the amount of $324,797.00 and No. 184033015-204, in the amount of $2,290,426.25, to guarantee completion of public improvements in said subdivision; and WHEREAS, Hartz Construction Co. Inc, developer of the Marble Landing subdivision, requested acceptance of public improvements in Marble Landing Subdivision and provided a Bill of Sale in connection with same, and said public improvements were accepted by the Village, adopted October 23, 2023; and WHEREAS, Section 17.23.020.F.3 of the Unified Development Ordinance (Site Development Permits, Financial Assurances for Site Development) allows for a letter of credit or other financial guarantee to be held by the Village, including a maintenance bond (in the form of a letter -of -credit or other approved security); WHEREAS, Teton Development LLC has delivered to the Village a maintenance bond for $154,114.00 for the portions of the development the Village will accept and an Irrevocable Letter of Credit No. 2023-1673 issued by Marquette Bank in the amount of $516,062.00 for the portions of the development that Hartz Construction Co. Inc., is transferring to Teton Development LLC to complete. NOW, THEREFORE BE IT RESOLVED by the Village President and Board of Trustees of the Village of Lemont, Cook, Will, and DuPage Counties, Illinois, as follows: SECTION l: RECITALS That the above recitals and legislative findings are found to be true and correct and are hereby incorporated herein and made a part hereof, as if fully set forth in their entirety. SECTION 2: Irrevocable Letters of Credit No. 184033015-203 in the current amount of $51,354.60, and No. 184033015-204 in the current amount of $840,175.20 issued by First Midwest Bank shall be reduced to the amount of $0.00 (Zero) and released. ADOPTED this day of 06f O , 2023. PASSED AND APPROVED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS 23rd DAY OF OCTOBER, 2023, VILLAGE PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton Attest. - Charlene M. Smollen, Village Clerk ABSENT: ABSTAIN: Approved. - John Egofske, Village President F x W 1N3W3Sd3 -- - - -- — - LZ909 SIONMI '300R! 88ne SIONITII '1NOW31 ONIONY1 TIOWW '6£ 10l zs9o-sze leoa -A ssv-eze eou evvovson iv mow �" W $ g � A g R s - — _-_ 3NRI0 30V-n1A 999 30d YNO (NV Ainti 1 Of1911d ,3uns 33e s uo i mows o cr.nicu�v OTI '1NMM013AM N0131 803 1N3W3Sd3 30 ldld UNIWDNItl33NIDN3'l31ND1530 3 i , e _ny rW V � a z z 5W Q L W W O Q L LL O F— � U J m a co g Y� GC b � G N a arm oiawaunswn M s R I� ---------------- Ig s �t3 i,7inis a�aarw 14 .LNaW3SV339VNIVHG ONV ALflUn oIlBfld 5e- 1 a �_________________ waF Tinn, F----------------- ON .JOh'� YrU1G11U1