R-20-09 Res LOC Crossing Creek SubdivisionRESOLUTION NO. R' a D
RESOLUTION AUTHORIZING LETTER OF CREDIT REDUCTION
FOR CROSSING CREEK SUBDIVISION
WHEREAS, pursuant to the Unified Development Ordinance, 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 Crossing Creek Subdivision, located 12806 Archer
Avenue, an Irrevocable Letter of Credit #S905349 from Charter One Bank in the amount of
$375,677.00 was deposited with the Village of Lemont on December 28, 2007; and
WHEREAS, Joseph Basiorka, owner, has made application for a reduction of the
Irrevocable Letter of Credit #S905349; and
WHEREAS, the Village Engineer has inspected certain portions of the improvement and
has found these portions to have been satisfactorily installed, resulting in his recommendation of
a reduction of $147,677.00 to a balance of $178,000.00.
NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of
the Village of Lemont that Letter of Credit #S905349, for Crossing Creek Subdivision is hereby
reduced to $178,000.00
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 23rd day of March, 2008.
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ron Stapleton
Jeanette Virgilio
AYES NAYS ABSENT ABSTAIN
v
APPROVED by me this 23rd day of March, 2008.
JOHN F PIAZZA, Village P
ATTEST:
CHARLENE M. SMOLLEN, Village Clerk
M: \COMMUNITY DEVELOPMENT DEPT \200 - DEVELOPMEN71270 - Letters of Credit\2008 Resolutions +Memos \Crossing Creek -LOC Red.wpd
2
dent
Village of Faith
Mayor
John F. Piazza
Village Clerk
Charlene M. Smollen
Trustees
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Administrator
Gary C. Holmes
Village of Lemont
Mr. James Brown
Community Development Director
Village of Lemont
418 Main Street
Lemont, Illinois 60439
418 Main Street • Lemont, Illinois 60439
March 10, 2009
Re: Crossing Creek Subdivision
Letter of Credit Reduction
Dear Jim:
I have computed the recommend Letter of Credit amount for Crossing Creek to be
as follows:
Administration Remaining Work
phone (630) 257 -1590
fax (630) 243 -0958 $130,000.00 x 115 % = $149,500.00
Building Department Maintenance Balance Allowance
phone (630) 257 -1580
fax (630) 257 -1598 $283,197.50 x 10 % = $ 28,319.75
Community Development Total . $177,819.75
phone (630) 257 -1595
fax (630) 257 -1598
Engineering Department
phone (630) 257 -2532
fax (630) 257 -3068
Finance Department
phone (630) 257 -1550
fax (630) 257 -1598
Police Department
416 Main Street
phone (630) 257 -2229
fax (630) 257 -5087
Public Works
16680 New Avenue
phone (630) 257 -2532
fax (630) 257 -3068
www.lemont.il.us
The Letter of Credit for Crossing Creek may be lowered to a new balance of
$178,000.00, pending the proper re- installation of the erosion control
measures on the site..
Should you have any questions concerning this matter, please do not hesitate to
contact me.
Sincerel
VI F LEMONT
es . Cainkar, P.E., P.L.S.
Acting Village Engineer
JLC /debi
Enclosures
cc: Mr. Gary C. Holmes, Administrator
Mr. Dan Fielding, Director of Public Works
Mr. Ben Wehmeier, Asst. Village Manager
Mr. Ed Buettner, Building Commissioner
File No. 04305
er.of Credit t eductton;Ei3i0of? cl
RICHARD E. FISHER ENGINEERING
4130 GRAND AVENUE
WESTERN SPRINGS, IL 60558
(708) 505 -4016 FAX(7O8) 505 -4017
December 29, 2008
Mr. James L. Cainkar, P.E. P.L.S.
Frank Novotny & Associates, Inc.
825 Midway Drive
Willowbrook, IL 60527
Re: Crossing Creek— Lemont, IL
Letter of Credit Reduction Request
Dear Mr. Cainkar:
Per the request of our client, the developer of the above referenced project, we are
submitting this letter as a request for reduction of the amount for the letter of credit.
Attached is an itemized estimate with reduction amounts.
If you have any questions please call.
Sincerel
Richard E. Fisher, P.E.
Cc: Mr. Joseph Basiorka
RICHARD E FISHER ENGINEERING
4130 CiKANU AVLNUt
WESTERN SPRINGS, IL 60558
(708) 505 -4016
Project Name: Crossinsr Creek
Original Cost Estimate
First Reduction 12/29/08
No.
_Item
Quantity
Unit
Unit
Price
Total
Remaining
Quantity
Remaining
Total
A.
SANITARY SEWER
1
8" PVC SANITARY SEWER SDR 26
285
LF
$28.00
$7,980.00
0
$ -
2
48" SANITARY MANHOLE
3
EA
$2,000.00
$6,000.00
0
$ -
3
CONNECTION TO EXISTING
1
EA
$750.00
$750.00
0
$ -
4
6" PVC SANITARY SERVICES SDR 26
4
EA
$750.00
$3,000.00
0
$ -
5
TESTING FOR ACCEPTANCE
1
EA
$2,500.00
$2,500.00
0
$ -
6
TRENCH BACKFILL
60
LF
$22.00
$1,320.00
0
$ -
B.
WATER DISTRIBUTION
1
8" DUCTILE IRON WATER MAIN
320
LF
$25.00
$8,000.00
0
$ -
2
12" DUCTILE IRON WATER MAIN
560
LF
$36.00
$20,160.00
0
$ -
3
8" VALVE IN VAULT
2
EA
$2,200.00
$4,400.00
0
$ -
4
12" VALVE IN VAULT
1
EA
$2,600.00
$2,600.00
0
$ -
5
FIRE HYDRANT W /AUX. VALVE
4
EA
$2,600.00
$10,400.00
0
$ -
6
5" TYPE K COPPER WATER SERVICE
60
LF
$22.00
$1,320.00
0
$ -
7
1.5" CORP. COCK, CURB STOP & BOY
4
EA
$750.00
$3,000.00
0
$ -
8
TESTING FOR ACCEPTANCE
1
EA
$1,000.00
$1,000.00
0
$ -
9
FITTINGS
14
EA
$250.00
$3,500.00
0
$ -
10
CONNECTING TO EXISTING
1
EA
$550.00
$550.00
0
$ -
11
TRENCH BACKFILL
100
LF
$19.00
$1,900.00
0
$ -
C.
STORM SEWER
1
12" RCP STORM SEWER
561
LF
$18.00
$10,098.00
39
$ 702.00
2
15" RCP STORM SEWER
400
LF
$22.00
$8,800.00
0
$ -
3
48" CATCH BASIN
1
EA
81,200.001
$1,200.00
1
$ 1,200.00
4
48" MANHOLE
10
EA
$1,200.00
$12,000.00
0
$ -
5
15" F.E.S. W /GRATE
4
EA
$1,000.00
$4,000.00
0
$ -
6
TRENCH BACKFILL 1
40
EA
$19.00
$760.00
39
$ 741.00
D.
EARTHWORK
1
TOPSOIL STRIPPING (1' DEEP)
3646
CY
$2.50
$9,115.00
0
$ -
2
CLAY EXCAVATION /GRADING
1823
CY
$3.00
$5,469.00
200
$ 600.00
3
EXPORT EXCESS MATERIAL (10 %)
182
CY
$8.00
$1,456.00
0
$ -
4
SILT FENCE
1660
LF
$2.00
$3,320.00
0
$ -
E.
R.O.W. INPROVEMENTS
1
FINE GRADING
1240
SY
$0.75
$930.00
0
$ -
2
1.5" BIT. CONC. SURFACE COURSE
822
SY
$6.75
$5,548.50
822
$ 5,548.50
2
1.5" BIT. SURFACE BINDER
822
SY
$6.50
$5,343.00
0
$ -
3
6" BIT. AGGREGRATE MATERIAL
822
SY
$25.00
$20,550.00
0
$ -
4
4" AGGREGATE BASE COURSE
822
SY
$4.00
$3,288.00
0
$ -
5
ROLLED CURB & GUTTER
390
LF
$12.00
$4,680.00
0
$ -
6
5' P.G.C. SIDEWALK
4488
SF
$3.50
$15,708.00
4,488
$ 15,708.00
7
BACKFILL CURB
390
LF
$2.00
$780.00
390
$ 780.00
8
TOPSOIL & SEED PARKWAY
724
SY
$3.00
$2,172.00
724
$ 2,172.00
9
SUBDIVISION PLANTINGS
1
LUMP
N/A
$12,500.00
I
812,500.00
10
STREET LIGHTS
1
EA
$3,000.00
$3,000.00
I
$ 3,000.00
11
PREFAB RETAINING WALL
2460
SF
$30.00
$73,800.00
2,460
$ 73,800.00
12
STREET SIGNS
1
EA
$300.00
$300.00 I
$ 300.00
Total
Plus 15%
Grand Total
$ 283,197.50 Total
$ 42,479.63
$ 325,677.13
$ 117,051.50
$ 42,479.63
$ 159,531.13
XX Charter One
ORBS
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 8905349
ISSUING BANK:
RBS CITIZENS, N.A.
INTERNATIONAL TRADE DEPT.
20 CABOT ROAD, M/S MMF470
MEDFORD, MA 02155 U.S.A.
PLACE AND DATE OF ISSUE:
MEDFORD, MA
DECEMBER 28, 2007
BENEFICIARY:
VILLAGE OF LEMONT
416 MAIN STREET
LEMONT, IL 60439
APPLICANT:
ANNA ZALINSKI
8013 S. NORDICA
BURBANK, IL 60459
International Division
20 Cabot Road
Medford, MA 02155 USA
888 868.0212 tel
SWIFT CTZIUS33 TELEX 221047 CTZINTL
PLACE AND DATE OF EXPIRY:
AT OUR COUNTERS
DECEMBER 28, 2009
UP TO AN AGGREGATE AMOUNT THEREOF: USD 325,677.13
PARTIAL DRAWINGS :PERMITTED
CREDIT AVAILABLE WITH:
RBS CITIZENS, N.A.
INTERNATIONAL TRADE DEPT.
20 CABOT ROAD, M/S MMF470
MEDFORD, MA 02155 U.S.A.
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO.
8905349 IN YOUR FAVOR FOR THE ACCOUNT OF ANNA ZALINSKI, 8013 S.
NORCICA, BURBANK, IL 60439 IN THE AGGREGATE AMOUNT OF UP TO
USD325,677.13 (THREE HUNDRED TWENTY FIVE THOUSAND SIX HUNDRED SEVENTY
SEVEN AND 13/100 U.S. DOLLARS) AVAILABLE BY YOUR DRAFT DRAWN ON SIGHT
AND MARKED 'DRAWN UNDER RBS CITIZENS, N.A. LETTER OF CREDIT NO. S905349
DATED, AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS:
1. THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENTS THERETO, IF
ANY. IN THE EVENT OF PARTIAL DRAWING THE AMOUNT WILL BE ENDORSED ON THE
ORIGINAL LETTER OF CREDIT AND IT WILL BE RETURNED TO YOU VIA OVERNIGHT
COURIER SERVICE.
2. A SIGNED STATEMENT PURPORTEDLY SIGNED BY THE ADMINISTRATOR OR
ENGINEER OF THE VILLAGE OF LEMONT CERTIFIYING:
"ANY PORTION OF THE IMPROVEMENTS ON THE ZALINSKI SUBDIVISION, AS
SPECIFIED IN THE PLANS AND SPECIFICATIONS FOR THE SUBDIVISION KNOWN AS
1
Charter One is a Division of RBS Citizens, N.A.
a Charter One
International Division
20 Cabot Road
Medford, MA 02155 USA
888 868.0212 tel
SWIFT: CTZIUS33 TELEX 221047 CTZINTL
CROSSING CREEK SUBDIVISION, APPROVED BY THE VILLAGE ENGINEER, HAVE NOT
BEEN COMPLIED WITH IN ACCORDANCE WITH SAID PLANS AND SPECIFICATIONS."
IF SAID IMPROVEMENTS HAVE NOT BEEN INSTALLED IN CONFORMITY WITH
APPROVED PLANS AND VILLAGE ORDINANCES, THE VILLAGE OF LEMONT IS HEREBY
GRANTED AUTHORITY TO DRAW ON THIS IRREVOCABLE LETTER OF CREDIT FOR THE
PURPOSES OF COMPLETING SAID IMPROVEMENTS, IN ACCORDANCE WITH THE
REVISIONS HEREIN AND ABOVE SET FORTH. THE IRREVOCABLE LETTER OF CREDIT
SHALL BE UTILIZED TO SECURE THE INSTALLATION OF ALL IMPROVEMENTS
REQUIRED UNDER THE SUBDIVISION CONTROL ORDINANCE OF THE VILLAGE OF
LEMONT. THIS IRREVOCABLE LETTER OF CREDIT SHALL NOT OPERATE AS A
LIMITATION ON THE OBLIGATION OF ANNA ZALINSKI TO INSTALL ALL REQUIRED
BY THE VILLAGE OF LEMONT.
THE PRINCIPAL AMOUNT OF THIS IRREVOCABLE LETTER OF CREDIT SHALL NOT BE
REDUCED FOR ANY IMPROVEMENTS INSTALLED UNLESS SUCH REDUCTION IS
APPROVED BY THE VILLAGE OF LEMONT BOARD. THE VILLAGE OF LEMONT MAY
SUBMIT ITS SIGHT DRAFTS AS HEREIN AND ABOVE PROVIDED WITHOUT THE
CONSENT OF ANNA ZALINSKI OR ANY OTHER PARTY. IF WITHIN TEN (10) DAYS OF
THE DATE OF SUCH DRAFT IS PRESENTED IN CONFORMANCE WITH THE TERMS OF
THIS IRREVOCABLE LETTER OF CREDIT, WE FAIL TO HONOR SAME, WE AGREE TO
PAY ALL ATTORNEYS' FEES, COURT COSTS AND OTHER EXPENSES INCURRED BY THE
VILLAGE OF LEMONT ENFORCING THE TERMS HEREOF.
WE HEREBY AGREE THAT THIS LETTER OF CREDIT SHALL EXPIRE ON DECEMBER 27,
2009 AS STATED HEREIN ABOVE; PROVIDED HOWEVER, THAT WE SHALL NOTIFY THE
VILLAGE ADMINISTRATOR AND VILLAGE ENGINEER BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, AT LEAST NINETY (90) DAYS PRIOR TO SAID EXPIRATION
DATE SAID LETTER OF CREDIT IS ABOUT TO EXPIRE.
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE
AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL PERIODS OF ONE
(1) YEAR, UNLESS AT LEAST NINETY (90) CALENDAR DAYS PRIOR TO THE THEN
RELEVANT EXPIRATION DATE, WE HAVE ADVISED YOU IN WRITING BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, OVERNIGHT COURIER, OR HAND DELIVERY,
THAT WE ELECT NOT TO EXTEND. IN THAT EVENT, YOU MAY DRAW HEREUNDER ON
OR PRIOR TO THE THEN RELEVANT EXPIRATION DATE, UP TO THE FULL AMOUNT
THEN AVAILABLE HEREUNDER AGAINST YOUR SIGHT DRAFT(S) ON US, BEARING THE
NUMBER OF THIS LETTER OF CREDIT. IN NO EVENT SHALL THIS IRREVOCABLE
LETTER OF CREDIT OR THE OBLIGATIONS CONTAINED HEREIN EXPIRE EXCEPT UPON
WRITTEN NOTICE, IT BEING EXPRESSLY AGREED THAT THE ABOVE EXPIRATION
DATE SHALL BE EXTENDED TO COMPLY WITH THIS NOTICE PROVISION.
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS
SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (ISP98) INTERNATIONAL
CHAMBER OF COMMERCE BLICATION NO. 590.
RBS
i
*f���v h
1 4f ORIZE.
}14(1(4--71-d.
S NAT AUTHORIZED SIGNATURE
2
Charter One Is a Division of RBS Citizens. N.A.