R-35-07 Res. Amberwood Subdivision Planned Unit DevelopmentVILLAGE OF LEMONT �f
RESOLUTION No. R,35-- D /
A RESOLUTION ACCEPTING AMBERWOOD SUBDIVISION
PLANNED UNIT DEVELOPMENT
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 16TH DAY OF APRIL, 2007
PUBLISHED IN PAMPHLET FORM BY
AUTHORITY OF THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF
LEMONT, COUNTIES OF COOK, WILL AND
DUPAGE, ILLINOIS, THIS 16TH DAY OF
APRIL, 2007.
RESOLUTION NO.
7
A RESOLUTION ACCEPTING AMBERWOOD SUBDIVISION
PLANNED UNIT DEVELOPMENT
WHEREAS, pursuant to the Subdivision Regulations, 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 such improvements; and
WHEREAS, in the matter of Amberwood Subdivision Planned Unit Development
(PUD), located south of McCarthy Road at Walker, Irrevocable Letter of Credit #4668 was
issued by Cole Taylor Bank in the amount of $1,500,000.00 and was deposited with the Village
of Lemont on April 1, 2003; and
WHEREAS, Dignan Homes, LLC, requested and received two reductions of Irrevocable
Letter of Credit #4668 via Resolutions R -10 -04 on February 23, 2004, and R -68 -06 on
September 11, 2006, to a current balance of $117,250.00; and
WHEREAS, on behalf of Dignan Homes, LLC, S. Mark Richards of Webster, McGrath
and Ahlberg LTD, has requested the acceptance of Amberwood Subdivision P.U.D. including a
final reduction in the Letter of Credit #4668 and the posting of a Maintenance Letter of Credit in
the amount of $117,250.00; and
WHEREAS, authorized engineer of the Village of Lemont, James Cainkar, has inspected
certain portions of the improvement and has recommended acceptance with the following
condition:
`The detention basin is not to be accepted at this time, as agreed upon by the
Village Engineer and Dignan Homes, LLC."
NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of
the Village of Lemont, that Amberwood Subdivision P.U.D. is hereby accepted with the
-2-
following conditions:
1. Dignan Homes, LLC, posts a Maintenance Letter of Credit in the amount of
$117,500.00 for a period of two years with the Village of Lemont;
2: The detention basin will be accepted at a later date; and
3: The Village is in receipt of a fully executed Bill of Sale.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE,
ILLINOIS, on this 16th day of April, 2007.
Debby Blatzer
Peter Cowles
Clifford Miklos
Brian Reaves
Ron Stapleton
Jeanette Virgilio
ATTEST:
AYES NAYS PASSED ABSENT
V
APPROVED by me this 16th day of April, 2007.
JOHN r . PIAZZA, Vill. ge
ident
CHARLENE M. SMOLLEN, Village Clerk
M:\COMMUNITY DEVELOPMENT DEPT 200 - DEVELOPMENT 1250 - CASE FILES\2002\22 01 Amberwood\Accept Amberwood RES 4- 07.doc
-3-
rI ill
DIGNAN HOMES, LLC
PO Box 456
Lemont, IL 60439
630 - 243 -1414 • Fax: 630 - 243 -1494
March 13, 2007
James Brown
Community Development Director
Village of Lemont
418 Main Street
Lemont, Illinois 60439
RE: Amberwood PUD - Acceptance of Public Improvements
Dear Jim:
Per Jim Cainkar's request, I am resubmitting our request for the formal acceptance by the Village Board
of the public improvements installed in the Amberwood PUD. Enclosed is a letter from the Design
Engineer verifying the completion of the improvements. We are prepared to post the maintenance letter
of credit for $117,250.00 (10% of the original engineer's estimate (rev date 05/21/03.))
I have also enclosed a Bill of Sale for the public improvements.
If you have any questions or need more information please call me at 708 -301 -4747.
Yours Truly,
Dfi►-a •--
Stephen P. Dignan U
Member
Our new address: 14710 Aster Lane, Homer Glen, IL 60491 /phone 708 - 301 -4747 fax 708 -301 -6535
WEEif6TER, MCGRATH & AHi_BERG LTD.
LAND SURVEYING - CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
To: James Brown, Community Development Director
Village of Lemont
Date: August 28, 2006
From: S. Mark Richards, P.E.
Director of Engineering
Re: Amberwood Townhomes
Letter of Credit Reduction
L - Y HhLtSt:Nli
DANIEL SYTSMA
BENEDICT M. BUSSMAN
CLINTON L. LINDSEY
MARK A. LUEDTKE
S. MARK RICHARDS
JOEL VIETTI
I do hereby certify that all improvements for Amberwood Townhomes have been completed as shown in the
attached report. Accordingly, the Letter of Credit can be reduced by the remaining amount of $323,938.79. If
you have any questions, you can reach me at (630) 668 -7619.
Respectfully.
i
4//(4X0
S. Mark Richards, P.E.
Director of Engineering
c. Steve Dignan
207 S. Naperville Rd. Wheaton, IL 60187
(630) 668 -7603 - fax: (630) 682 -1760
•
LAND SURVEYING - CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
AMBERWOOD TOWNHOMES
AMBERWOOD DEVELOPMENT
SWC McCARTHY RD & WALKER RD
LEMONT, ILLINOIS
1 TOTAL SANITARY SEWERS
2 TOTAL WATER MAINS
3 TOTAL STORM SEWERS
4 TOTAL EARTHWORK
5 TOTAL EROSION CONTROL
6 TOTAL PAVING
7 TOTAL CURBS
8 TOTAL PARKWAY LANDSCAPING & SIDEWALKS
9 TOTAL STREET LIGHTS
TOTAL IMPROVEMENT COSTS
ALL WORK HAS NOW BEEN COMPLETED.
ENGINEER'
Revised
Revised
Revised
Revised
Revised
Reduction #1
Reduction #2
S ESTIMATE
9/18/2002
10/11/2002
12/19/2002
1/29/2003
4/24/2003
5/21/2003
1/30/2004
8/28/2006
DANIEL SYTSMA
BENEDICT M. BUSSMAN
CLINTON L. LINDSEY
MARK A. LUEDTKE
S. MARK RICHARDS
JOEL VIETTI
115% REDUCTION #1 REDUCTION #2 BALANCE
116,666.00 134,165.90 116,666.00 17,499.90 0.00
124,600.00
143,290.00
124,600.00
193,679.00 222,730.85 193,679.00
257,287.50 295,880.63 257,287.50
12,034.00
13,839,10
210,809.60 242,431.04
53,566.50
61,601.48
164,116.10 188,733.52
39,750.00
45,712.50
12,034.00
183,353.60
18,690.00
29,051.85
38,593.13
1,805.10
59,077.44
53,566.50 8,034.98
43,509.62
39,750.00
1,172,508.70 1,348,385.01 1,024,446.22
207 S. Naperville Rd. Wheaton, IL 60187
(630) 668 -7603 • fax: (630) 682 -1760
145,223.90
5,962.50
323,938.79
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that Dignan Development, LLC, a
Illinois Limited Liability Company (the "DEVELOPER "), in consideration of One and
no /100ths Dollars ($1.00) and other valuable consideration, does hereby grant, sell,
transfer and deliver unto the Village of Lemont, a municipal corporation in Cook and
DuPage Counties, Illinois (the "VILLAGE "), the following goods, chattels and other
items of personal property, namely:
ONE: Each and every part of the roadway system in the public right -of -way
located within Amberwood PUD ( "PROJECT "). This includes excavation and grading;
pavement base, binder and surface courses; curbs and gutters; and other items of
personalty for the surface transportation of vehicular traffic installed at the direction of
the VILLAGE by the DEVELOPER for the purpose of transporting vehicular traffic over
the hereinbefore referenced roadways within the PROJECT.
TWO: Each and every part and item of a system of streetlights, conduits and
electrical wiring, and other items of personalty for the illumination of the public rights-of-
way installed at the direction of the VILLAGE by the DEVELOPER for the purpose of
illuminating the public rights -of -way in the PROJECT.
THREE: Each and every part and item of a system of storm sewers and other
items of personalty for the storm and surface waters installed at the direction of the
VILLAGE by the DEVELOPER for the purpose of the collection, transport and flow of
surface and storm waters anywhere within the PROJECT, specifically excluding any
retention/detention ponds.
FOUR: Each and every part and item of a system for the collection and
transportation of sewage installed at the direction of the VILLAGE by the DEVELOPER
within the PROJECT, with the exception of those pipes (including the connection) which
transport the sewage of a single building into a public sewer (house connection).
FIVE: Each and every part and item of a system for the distribution of water
installed at the direction of the VILLAGE by the DEVELOPER within the PROJECT,
except the pipe which transports water from the curb stop and buffalo box to a single
building commonly known as a house service.
SIX: Each and every part and item of the system of sidewalks and approaches
within the public rights -of -way, including excavation; aggregate base; concrete and other
items of personalty for the surface transportation of pedestrian traffic installed at the
direction of the VILLAGE by the DEVELOPER within the PROJECT.
SEVEN: Each and every part and item of the system of parkway trees and
parkway landscaping placed at the direction of the VILLAGE by the DEVELOPER in the
public rights -of -way within the PROJECT.
EIGHT: Each and every part and item of a system of street signs, street name
signs and regulatory signs, placed at the direction of the VILLAGE by the DEVELOPER
in the public rights -of -way within the PROJECT.
NINE: the object of this Bill of Sale is to grant, sell, transfer and deliver to the
VILLAGE, with the exceptions noted, the ownership of all items of personalty which
comprise the roadway system, streetlighting, storm and sanitary sewers, water
distribution, sidewalk system, parkway landscaping, and signs, installed by the
DEVELOPER within the PROJECT.
The DEVELOPER does hereby warrant that it is the lawful owner of the
described goods, chattels and personalty; that such items are free from all encumbrances;
that the DEVELOPER has the right to sell the same as aforesaid; and that the
DEVELOPER warrants that it will defend the same against the lawful claims and
demands of all persons; and that the execution of this Bill of sale is an authorized act of
said limited liability company.
DATED at Lemont, Illinois, this 9th day of March, 2007. yy
BY: ce7.J
Stephen P. Dignan,'Member
ATTE
Martin F. Dign , Member
STATE OF ILLINOIS )
) SS
COUNTY OF COOK
I, Donald J. Dignan, a notary public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that Stephen P. Dignan personally known to me to be a Member
of Dignan Development, LLC. a limited liability company, and Martin F. Dignan
personally known to me to be a Member of said company, and personally known to me to
be the same persons whose names are subscribed to the foregoing instrument, appeared
before me this day in person and severally acknowledged that as such Members, they
signed and delivered the said instrument, pursuant to the authority given by the Members
of said company as their free and voluntary act and as the free and voluntary act and deed
of said company, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 9th day of March, 2007.
Commission expires September 19, 2010.
"OFFICIAL SEAL"
DONALD J. DIGNAN
Notary Public; State of Illinois
My Commission Expires, 9/19/10
1