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R-94-99 Authorizing Letter of Credit Reduction for the Steeples SubdivisionRESOLUTION NO. , _q RESOLUTION AUTHORIZING LETTER OF CREDIT REDUCTION FOR THE STEEPLES SUBDIVISION 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 The Steeples Subdivision, located on Archer Avenue, between Smitty and Klotz Avenue, in Lemont, Illinois, an Irrevocable Letter of Credit #97 -525, State Bank of Countryside, in the amount of $885,378.13 was deposited with the Village of Lemont on April 9, 1997; and WHEREAS McArcher Development, Inc. has made application for a second reduction of the Irrevocable Letter of Credit #97 -525 in the amount of $388,180.94; and WHEREAS a duly authorized agent of the Village of Lemont has inspected certain portions of the improvement and has found these portions to have been satisfactorily installed; NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that: SECTION 1: Approval pursuant to the Lemont Subdivision Control Ordinance is hereby recommended for the improvements completed to date. SECTION 2: The Irrevocable Letter of Credit #97 -525 is hereby reduced to $40,000.00. NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that the Irrevocable Letter of Credit No. 97 -525 for The Steeples Subdivision is hereby reduced to $40,000.00. 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 2,2 nit day of N P✓v , 1999. John Benik Debby Batzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT Village Clerk Approved by me this end day of n6 op„,t ptii , 1999. RICHARD A. ASS , Village P esident (1401418 an/W1.44 , Village Clerk JOHN ANTONOPOULOS, V rge Attorney 08 -23 -1999 10 :16AM FROM Ct;- E+IVE►IT ENGINEERING DEPARTMENT Mr. James Cainkar e/oVillage of Lemont 418 Main Street Lemont, Illinois 60439 -3788 TO 2571598 P.01 August 21, 1999 Post -it • Fax Note 7671 %I a )' g 1pa s' a"' TOA/hf3 OAif1K.Ak From 41z`14 ' /SAQfK OoJOeptv►1-1444t OF Co. Phone # 1...E^4 c,rr- Phone if Fax# P,ri.-FO: EN4 / ✓rn. Pea ft Dear Mr. Cainkar: We want to thank you for meeting with us on Friday afternoon to take a look at some of the issues the homeowners of the Steeples Development are trying to get resolved. As we discussed, we have tried to list some of the major concerns. Because of the time restraint, we were unable to contact all the residents, so the list is not complete. We have heard that McArcher Development will be requesting a baud reduction at the meeting on Monday, August 23,1999. We would like to inform the mayor, the village trustees and the building department that there are considerable items that need to be attended to in the Steeples Development. Y Numerous locations have water problems (underground leaks, ground is sinking, property is always wet) 13868 Steepleview Lane 13851 Steepleview Lane 13911 Steepleview Lane 13917 Steepleview Lane 13857 Steepleview Lane 13880 Steepleview Lane 13904 Steepleview 'Line 12236 Spire Drive 12219 Spire Drive There are problems throughout the development with the sump pump discharge hoses (hoses not long enough, if length was added connectors were not used. Water is settling into the yards instead of the retention areas.) > Grading Problems 13904 Steepleview Lane 13880 Steepleview Lane 13750 Steeples Road (driveway & sidewalk are pitched to the garage) 13780 Steeples Road (Side and back of property need to be regraded) Standing water & mud on sidewalk on Steeples Road Standing water on the corner of Steeples Road and Spire Standing water behind 2 buildings on the East Side of Steeples Road (adjacent to the cemetery property -13763 to 13733 Steeples Road) > Driveways are sinking 13923 Steepleview Lane other Locations on Spire and Steepleview Lane -08 -23 -1999 10 :17AM FROM TO 2571598 P.02 • It seems that in the Hampton unit, there are design flaws - numerous residents have had roof leaks (water in the front entranceways, kitchen walls) • Sprinkler system is not functioning properly Jets have never been set properly Broken sprinkler heads • Landscape issues Lots of shrubs need replacement Improper planting (downspouts have to go thru shrubs or downspouts can't be connected) • Sidewallcs and curbs Sidewalks chipping and peeling (surface degrading) Construction crews walked on wet sidewalks -left footprints - builder tried to put on a thin topcoat) • 8 boxes not set to grade We are bringing these matters to your attention because of OUT concern_ Some of these items have been on punch lists since February of 1998. Residents have talked to the developer and have received no action. Numerous residents have sent letters to the Village informing them of the problems. We would appreciate if you would let our concerns be known to the mayor and the board. As a new development, we do not have a Homeowner's Association, and only can rely on the Village support for the stated issues. We thank you for nay assistance you could give to us. Sincerely, Glenn and Caryn Pisarek On behalf of Steeples residents I t sra"sd'- TOTAL P.02 OCT -03 -99 11739 PM MCARCHER T083799131 P.01 McARCHER DEVELOPMENT; INC. September 28, 1999 Mr. Scott Buening Village of Lemont 418 Main St. Lemont, IL 60439 RE: Letter to Mr. James Cainkar P.E. dated 8/21/99 Dear Mr. Buening: This letter is in response to the letter which was mailed to Mr, James Cainkar dated August 21, 1999. Please be advised that many of the items on the letter are in the process of being completed, or are scheduled to be completed. In regards to numerous locations with water problems, we have fixed problems at 13911 & 12236 Steepleview Lane. We have also had our sprinkler system discharging over 900 gallons of water, per day, per lot, on the sod to establish the lawns. You can not have some standing water, or sump pumps running with the equivalent of a 3" - 4" rain happening daily on the lawns. We have since shut -down the sprinkler system and the common areas have dried up immensely. It is also curious to note that when the sprinklers were turned off, the author of the letter in question called our office to inquire when the sprinklers would be turned back on. As for sump pump discharge hoses, we have exceeded the length required by the Village ofLemont Building Department ( 5' from the foundation) for the extension of said discharges in order t6 make it aesthetically pleasing for the homeowners in some instances. Please be advised that we will meet or exceed code for all discharges at the foundations. As for grading problems, we have a grading plan to follow for the project, and we will follow said plan. The standing water was alleviated when the sprinkler system was shut.- down. We understand we have a problem in certain driveways, and are attempting to correct these problems. We will be happy to meet with Mr . Fincharn from the building Department to review the problems on site and correct them. As for the alleged design flaws in the unit, McArcher Development has made several costly and timely repairs to alleviate any problems which have occurred. 0 12249 SPIRE .13 l'VE LEMONT; IL 60439 630243 -8020 OCT -e3 -99 11:41 PM MCARCHER 7085799131 As for the sprinkler system, Reliable Irrigation has made numerous adjustments and repairs to insure the sprinklers will function properly. Stan's Landscaping has replaced numerous shrubs and trees for those which have failed, and will continue to do so per the��r contract. We are in the process of replace and repairing sidewalks which need attention, and this will be completed prior to winter. Al! . the B -boxes will be set to grade according to code by the end of September. The facts are that most of these items are building issues, and have Little bearing on the public improvements which are required per our Annexation Agreement. We have sent a reduction request for the Letter of Credit to the Village Engineer, with a break -out of completion items. We then received a response from Mr. Waldron to recommend a reduction which was 590,000.00 higher with no explanation of completion items Rather than get into a long drawn out battle, we agreed to the reduction. Next we are tabled for our reduction because of this letter, costing McArcher Development a Considerable sum for the delay. Of note is that the authors of said letter has now owed McArcher Development the sum of $1,800.00 for over a year now for a deck extension. We have made numerous attempts to collect said payment, and have wally filed suit to collect said delinquency. I hope we have answered this letter to your satisfaction, Very Truly Yours, Dean P, Chowaniec McArcher Development, Inc. DPC /ms cc: Mr. John Griffin cc: Mr. James Fiala cc: Mr. James Caulker P.01