1985-01-21 - Resolution 1985-02 - APPROVING AN AGREEMENT FOR THE CONSTRUCTION OF A SANITARY SEWER ALONG FUTURE FABISH DR AND NEWTOWN DR IN THE HIGHLANDS SUBDIVRESOLUTIoN NO. 85- 2!,/
A RESOLUTION APPROVING AN AGREEMENT tr'OR
TIiE CONSTRTICTION OF A SANITARY SEWER
A1ONG FUTURE FABISH DRIVE AND NEWTOI'N
DRIVE IN THE HIGHLANDS SUBDIVISIONS
WIIEREAS, the Presldent and Board of Trusteea of the
Vtllage of Buffalo Grove deslre to lnplenent the conatructlon of
a aanitary eewer; and;
WIIEREAS, the approval of an agreeEent ls requlred Ln
order to proceed rdth the neceaaary constructlon of the proJect.
NoW, TIIEREFoRE, BE IT RESoLVED by the Presldent and
Board of Trustees of the V111age of Buffalo Grove, Lake and Cook
Countles, I1llnols, that the Presldent and Clerk be, and they are
hereby authorlzed and directed to execute thei
IIOtr'tr-SITE II.{PROVEMENT AGREET.TENT CONCERNING 33-INCH SANITARY SEWER
PROJECT, PROPOSED HIGHLAND POINT UNITS 8 AND 9, AND NE}ITOWN DRIVE,
ITIGHLAND POINT I'NIT 7I"
A copy of sald contract ls attached hereto and nade a part thereof.
AYES: 5 - Marienthal, O'Rel11y, Hartstein. Glover.id
0 - NoneNAYES:
1 StoneABSENT:
pASSED: January 21 1985
1985A?pROVED: January 2l
APPROVED:
v 'e Presldent
ATTEST:
l"l
Vl11a Clerk
01r585 JSB,/ j 1
s-450-005
I 8R
33-INCH
UNITS 8
OFF-SITE IMPROVEMENT AGREEMENT CONCERN I NG
SANITARY SEWER PROJECT, PROPOSED HIGHLAND POINT
AND 9 AND NEWTOWN DRIVE, H]GHLAND POINT UNIT 7
THIS AGREEMENT, made and entered into as of the QAtl a^y
of Vrrr^"u , 1985, by and between the VILLAGE OF{1 t
BUFFALO GROVE, an Illinois municipal corporation, having its
office at the Village HaII, 50 North Raupp Boulevard, Buffalo
Grove, Illinois (the 'vi1Iage"), and STANDARD PACIFIC-ILLINOIS
CORP., a California corporation, havi.ng its offices at Suite
140, 2200 North Stonington Avenue, Hoffman Estates, Illinois
60f95 ('Developer') .
WITNESSETH:
WHEREAS, Developer is the owner of certain unimproved real
estate (the "ReaI Estate') located within the corporate limits
of the Village, delineated and legally described on the
unrecorded, proposed plats oE subdivision for Highland point
Units 8 and 9, copies of which are attached hereto as Exhibits
A and B; and
WHEREAS, in order to provide sanitary sewer service to a
proposed development to be located north of the Real Estate and
north of Busch Road as presently existing, and to other real
estate, the village requires that a 33-inch sanitary sewer line
be installed through a portion of the Real Estate commencing at
the termination of existing manhole No. lg, as appearing on the
approved engineering plans for Highiand point Unit No. 7, and
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proceeding generally northerly along the proposed alignment of
Fabish Drive to a point on the north boundary of the existing
pavement of Busch Road at manhole No. 17, as appearing on the
engineering plans for proposed Highland Point Units 8 and 9; and
WHEREAS, Developer is willing to (i) grant to the Village
an easement to construct, maintain, inspect, use and operate
such sewer line, and to (ii) install such sewer line, and the
Village desires to receive such an easement and to have such
sewer line installed, aII on and subject to the terms of this
Agreement.
llOW, THEREFORE, it is mutually agreed as follohrs:
I. Developer shall grant to the Village an easement in
the form and content of Exhibit C hereto for the construction,
maintenance, inspection, use and operation of the improvements
Iisted on Exhibit D attached hereto (the 'Oversized tine.).
2. Developer shall furnish, or cause to be furnished, at
its own cost and expense, all the necessary material, labor and
equipment to complete the Oversized tine in a good and
workmanlike manner and in accordance with all pertinent
ordinances and regulations of the Village, subject to the
provisions of that certain Annexation Agreement dated
February L4, L977 among the village, Zale Construction Company
and The Hoffman croup, Inc. (the ,Annexation Agreement'. ), and
in accordance with the plans and specifications shown on
Exhibit E attached hereto ("Approved plans and specifications',).
3. Prior to conunencement of any work relating to
installation of the Oversized Line, the Developer shall deposit
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with the Village a surety irond issued by a surety reason cly
acceptable to and in form and substance reasonably approved by
the village, which surety bond shall be subject to this
Agreement. The surety bond shall be in an amount equal to II5%
of the total cost of the labor and materials reguirecl to
complete the installation of the Oversized Line as established
by the proposal therefor prepared by Neptune Construction
Cornpany ("Neptune") more fulIy described in paragraph 10
hereinafter; provided, however, if Developer hereafter achieves
a reduction from Neptune in the amount of its proposal, the
bond shall be in the amount of II5% of the reduced proposal.
4. Prior to commencement of installation of the Oversized
Line, the Developer will pay to the village a plan Review and
Inspection Fee of $4,306 and a Sanitary Sewer T.V. Inspection
Deposit of $1,130, a1I as required by Ordinance. No additional
fees will be levied or assessed against Developer in respect of
the Oversized Line or the installation thereof.
5. By its execution of this Agreement, the Developer
hereby agrees to indemnify and hold harmless the VilIage, its
agents, servants and employees, and each of them, against aIl
Loss, damage or expense which they may sustain or become liable
for on account of injury or death of persons or on account of
damage to or destruction of property resuJ.ting from the
performance of work under this Agreement relating to the
Oversized Line by the Developer, its contractors or its
subcontractors. or any of them, or due to the condition of the
premises, other property of the Developer or any work incident
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to the performance of the terms of this Agreement relating to
the Oversized Line; provided. however, the foregoing
indemnification shall not be applicable (a) to acts performed
at the direction of employees or agents of the Village or
pursuant to any ordinances, rules or regulati.ons of the viIldge
or any governmental authority or any allency thereof, unless
such act was negligently performed, (b) to any loss, injury or
damage resulting from the condition of the premises if such
condition existed due to requirements, regulations or
crdinances of the Village or any governmental agency or
authority, or (c) Eo any work relating to the Newtown Segment
(hereinaf ter def ined) .
6. The Developer shal1 cause the Oversized Line to be
completed by September 1, I985; however, such date for
completion shall be extended by the length of all delays
resulting from circumstances not within the reasonable control
of the Dilveloper or its contractors or subcontractors. If the
Oversized Line is not completed within the time prescribed
herein, as extended pursuant to the preceating sentence, the
Village shall have the right to call upon the bond, in
accordance with its terms, for the purpose of completing the
Oversized Line. Upon completion of the Oversized Line, as
evidenced by the certificate or certificates of the Vi11age
President and the Board of Trusees, the Village shatl be deemed
to have accepted Ehe Oversized Line, and thereupon, the bond
shall automatically be reduced to serve as security for the
obligations of the Developer as set forth in paragraph 7
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the Developer under Ehis paragraph 7, an amounu equal to 15% of
the total amount of the bond shall be retained in the bond for
a period of one year following formal acceptance of the
Oversized Line by the village. The village agrees that a ne!,
bond in the amount specified in the preceding sentence of this
paragraph may be substituted by the Developer for the original
bond so long as the bond given in substitution guarantees Ehe
obligations of the Developer under this paraoraph 7.
8. (a) In addition to compliance with the terms,
conditions and covenants of the bond, the ViLlage hereby egrees
to draw funds under such surety bond (i) solely for the purpose
of making payment for labor, materials and equiprnent supplied
by. engineers, supervisory personnel, contractors, subcontractors
or the village in connection with the completion of the
Oversized Line, and (ii) only if the Oversized Line has not
been compJ.eted in accordance with the Approved Plans and
Specifications.
(b) The Developer hereby agrees that no reduction
shal1 occur in the outstanding liability of the issuer
thereunder, except on the written approval. of the village,
however, in all events, the Village shall return such bond to
the Developer upon the expiration of one year from the
acceptanc.e of the Oversized Line by the Vi1lage. To the extent
that the provisions of Ehis paragraph 8 and of the bond
expressly permit the Village to draw funds under such bond, the
ViIlage hereby agrees to reduce the outstanding liability of
Ehe issuer of the bond to the extent that funds are so drawn.
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9. This Agreement and the obligations ccnEained herein
are in addition to, and not in limitation of, aII other
agreements between the parties hereto, including, without
Iimitation, the Annexation Agreement and the obligations
contained therein and Administrative Order #2; provided,
however, in the event of any conflict bet'..reen the provisions of
the Annexation Agreement and this AqreemenE, the provisions of
the Annexation Agreement will prevail unless expressly
specifically superceded by the provisions of Ehis Agreement.
10. (a) The Village acknow).edges and agrees that the
installation of the Oversized Line is for the benef it .if
properties in the vi.cinity of the Real Estate. On the date
which is the later to occur of (i) six years following the date
of this Agreement appearing in the first paragraph hereof, or
(ii) the date of acceptance of the OversizeC Line by the Lake
County Department of Public Works (-LCDPW.), if required. and
the Village Engineer as provided in subparagraph (f) below, the
viLlage shall pay to Developer an amount equal to the excess
('Excess Cost') of the cost (as calculated in accordance with
the following sentence of this subparagraph (a)) of
constructing and installing the Oversized Line over the
estimaEed cost of constructing and installing a sanitary sewer
Iine 18 inches in diameter. Such Excess Cost shall include (l)
the increase in the direct cost, including Iabor, maEerials,
equipment and the increase in engineering costs of construction
and installation of the Oversized tine; (Z) the increased
premium on Developer.s bond relating to the Oversized Line; (3)
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the cost of an inspecting and consulting engineer pursuant to
subparagraph (e) below, including his or their salary and any
other reasonable costs incurred by the village in connection
with the emp lo)rment of such person(s); and (4) an interest
charge on the foregoing amounts at an annual rate of 6? from
the date of satisfactory completion of the oversized Line, as
evidenced by written confirmation of such satisfactory
completion from the village Engineer as hereinafter provided in
subparagraph (f). to the date of paymenE by the ViIlage.
(b) In order to establish the direct cost ( including
labor, materials and equipment, but excluding dewaEering) of
constructing and installing the Oversized Line and of sanitary
sewer lines 18 inthes and 8 inches in diamerer, the Developer
solicited bids from Neptune, Victory ConsEruction Company, Wm.
Ziegler & Sons, Inc., cluth Brothers and Orfei ConsEruction
Company, which bids were unit price bids prepared separately
for the Oversized Line and sanitary sewer lines 18 inches and 8
inches in diameter and, in the case of the Oversized Line, were
in accordance with the Approved Plans and Specifications. Each
of such bids was reviewed and approved by the village. Based
upon the bids received from Neptune, the Village and Developer
agree that the increase in the direct cost (including labor,
material and equipment, but excluding dewatering) of (i)
installing the Oversi.zed Line over installing a sanitary sewer
line I8 inches in diameter is $50,505,.and (ii) of installing
the Oversized Line over installing a sanitary sewer line 8
inches in diameter is $81,517. The village agrees that the
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Developer has the right to accept, reject or renegotiate any of
the bids received from the contractors described above and that
Ehe Developer may elect not to enter into a contract Eor the
installation of the Oversized Line grith any of such
contractors; however, for purposes of this Agreement, the
increase in the direct cost (including Labor, material and
equipment, but excluding dewatering) of installing the
Oversized Line over installing a sanitary sewer Iine lB inches
in diameter is $S0,505 and of installing the Oversized Line
over installing a sanitary sewer line 8 inches in diameter is
$81,517 and that as so calculated. such components of the
Excess Cost and Excess Recapture Cost (as hereinafter defined)
3re not subject to change, except that if Developer eLects to
enter into a contract with Neptune for the installation of the
Oversized Line and if Developer attempts and is able to reduce
the bid from Neptune for the installation of the Oversized Line
below $I23,0I8, then for purposes of this Agreement the
increase in the direct cost of installing the Oversized Line
over installing sanitary sewer lines 18 inches and g inches in
diameter shall be reduced accordingly, as shall that component
of the Excess Cost and Excess Recapture Cost.
The increase in the engineering costs relating to the
Oversized Line over the engineering costs relating to a
sanitary sewer 18 inches in diameter shall be determined by
mutuaL agreement of the Village Engineer and the Developer.
(c) wi.thin 45 days following the date hereof, as
appearing in the first paragraph hereof, the village shalt
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enact a recapture ordinance ('Recapture Ordinance') reflecting
the terms and provisions of this Agreement pursuant to hrhich
the village will recapture from parties which annex land to the
village after the date of the Recapture Ordinance, if such land
is served or contemplated to be served by the Oversized Line, a
portion of the excess cost ( "Excess Recapture Cost")
attributable to increasing the size of the sanitary sewer line
from a diameter of 8 inches to the diameter of the Oversized
Line. Such Excess Recapture Cost shaII be calculated by
reterence to the factors described in clauses (1), (2), (3) and
(4) of subparagraph I0(a) above, except that the interest
charge shall be at the annual rate of I0%. The Recapture
Ordinance sha1l provide, among other things, that amounts
payable by such annexing parties shall be payable within 30
days after adoption of the ordinance approving, and as a
condition to, such annexati.on. If the costs of the Oversized
Line are not ascertainable at the time oE any annexation to
which the Recapture Ordinance applies, the VilLage hereby
uncond i t i ona l1y, irrevocably, and absolutely guarantees to
Developer that the palrment due from the party then annexing
shaII be paid promptly upon determination of such costs. The
portion of the Excess Recapture Cost to be paid by each party
to which the Recapture Ordinance is applicable shall be that
portion of the Excess Recapture Cost which the area, expressed
in acres, of the land bene€ited by the Oversized Line included
within the territory so annexed bears to the total number of
acres of land so benefited. The total nurnber of acres of land
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to be so benefited and the number of acres conEained therein is
described on Exhibit F hereto. The Developer hereby notifies
the village that, based upon a prior agreement with The First
National Bank of Chicago, as Trustee for the Brunswick Pension
Trust for Salaried Employ€es, which ohrns or previously owned
the approximately 250 acres ("Brunswick parcel..) of property
lying south of Aptakisic Road, west of I'Ieiland Road and north
of Busch Road, the Developer agreed to install at Developer's
expense a sewer main of adequate size as approved by the Lake
County Sanitary District extending north to Busch Road in order
to serve the Brunswick Parcel. Therefore, any monies collected
by the Village f,rom the owner or owners from time to time of
the Brunswick Parcel pursuant to this subparagraph l0(c), or
subparagraph I0(d) below, will be held by the Villaqe and not
paid to Developer, and Developer hereby waives and relinqui.shes
any right it may have to the receipt of any monies collected by
the village from the owner or owners from time to time of the
Brunswick ParceI. The Developer represents to the village Lhat
it has at no time represented to the owners of the Brunswick
Parcel that the Brunswick parcel would be exempt from any
levies of recapture, tap-on or other fees as may be applied by
the Village against the Brunswick parceL.
(d) The Village wilt include within the Recapture
Ordinance such provisions as are required to enable the Vitlage
to coLlect from all parties who tap or connect onto the
Oversized Line, other than parEies who had paid a portion of
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the Excess Recapture Cost at the time of annexation pursuant to
subparagraph (c) above, a special additional fee ('Special Tap
Fee"), the amount of which will be calculated by the Village on
the same basis as the amount payable by the parties which annex
land to the Village described in subparagraph (c) above. Such
Special Tap Fee shall be paid to Developer at the time of
payment thereof to the viIlage, subject to the provisions of
subparagraph (f); provided, however, the total amount paid by
the Village to Developer pursuant to subparagraphs (a) and (c)
above and this subparagraph (d) shall not exceed the total cost
of increasing the diameter of the sanitary sewer line from 8
inches to 33 inches calculated in accordance with the factors
described in subparagraph (c) above. The Iand which is subject
to those provisions of the Recapture Ordinance applicable to
the payment of the Special Tap Fee is legally described on
Exhibit F hereto.
(e) The Village sha1l have available at Ehe site of
installation of the Oversized Line, at all hours and days
during which the Oversized Line is being installed, a qualified
inspector and consulting engineer to observe and inspect the
instal. lation of the Oversized Line on behalf of Ehe Village.
Such consulting engineer, among other things, shaII be
competent to, and shaII, evaluate the soil conditions
prevailing at the site of the installation of the Oversized
Line, and the requirements imposed upon such installation by
such prevailing soil conditions. The inspector, among other
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things, shall be competent to, and shaII, determine the
horizontal and vertical alignment of the Oversized Line and the
manhole invert elevations of the manholes related thereto as
the work progresses, and the conformity thereof to the Approved
Plans and SpecificaEions. Such inspector also shall verify
that the staking for the Oversized Line is appropriate and
sufficient to assure that the Oversized Line will be installed
in accordance with the Approved Plans and Specifications. The
Developer shall have the right to approve the inspector and
consulting engineer and the rates of payment to the inspector
and consulting engineer for his or their services; however,
such right of approval shall not render such inspector or
consulting engineer to be the agent or €mployee of Developer,
it being specifically understood that the inspector and
consulting engineer shall be the agent(s) of the viLtage for
all purposes of this Agreement. The Developer shall reimburse
the village on a monthly basis for the cost of employing the
inspector and consulting engineer with such cost to become part
of the Excess Cost as provided in subparagraph (a) above. It
shall be the responsibility of the inspector and consulting
engineer to assure himself (or themselves), the Developer and
the village that at all times during which the work is in
progress the installation of the Oversized Line is in
accordance with the Approved plans and Specifications, and in
order to do so, among other things, the inspector shaII have
the responsibirity to conf i.rm that at a1r times the horizontal
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and vertical alignment of the Oversized Line and manhole invert
elevations are in accordance with the Approved Plans and
Specificati.ons. Such inspector and consulting engineer shall
have the obligation to inform the Developer if Ehe installation
of the Oversized Line is not in accordance with the Approved
Plans and Specifications and also shal.1 have the auEhority to
stop any installation not in accordance with the Approved plans
and Specifications, The inspector, and consulting engineer as
appropriate. will provide to the Developer and the Vil. Iage a
written daily progress report on the installation of the
Oversized Line. The Village acknowledges that the Developer
intends to make progress payments to contractors,
subcontractors and suppliers performing services and furnishing
qoods in connection with the installation of the Oversized Line
in reliance on the daily progress reports prepared by the
inspector and consulting engineer, and unless noted to the
contrary in such daily progress reports, the Developer shall
have the right to assume that the installation of the Oversized
Line is proceeding in accordance with the Approved plans and
Specifications. The Developer hereby agrees that the firm of
Baxter and woodman, Inc. is acceptable to it as an inspector
and/or consult ing engineer.
(f) Immediately after LCDPW (if required) and the
ViIlage Engineer have inspected and determined that the
oversized Line meets its requi rements as to water infiltration
and the VilIage Engineer inspects the Oversized Line to
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determine whether the Oversized Line has been completed in
accordance with the provisions of the Approved Plans and
Specifications applicable to horizontal and vertical alignment
and manhole invert elevations, and permits said Oversized Line
to be used to convey sewage to a Lake County sewage treatment
plant, the village shall then pay to Developer aII amounts
theretofore paid to the Village pursuant to the. Recapture
Ordinance described in subparagraph (c) above (including
amounts paid pursuant to subparagraph (d)), together with the
palrment, if any, then due pursuant to subparagraph (a) above,
less any monies due the ViLlage for any administrative or
overhead costs incurred by it if the Recapture Ordinance
specifically allo$rs the village to collect, and the village has
coLlected, such monies in addition to the amounts collected
pursuant to subparagraphs (c) and (d) hereof. Thereafter, the
village shall pay to Developer, promptly upon receipt by the
ViIlage, aII amounts collected under the Recapture Ordinance
described in subparagraph (c) above (including amounts paid
pursuant to subparagraph (d)) and sha1l pay when due amounts
payable pursuant to subparagraph (a) above. The village
Engineer will inspect the Oversized Line at the same time the
LCDPW makes such inspection, if inspection is required by
LCDPW. within 30 days after the LCDpw (if required) and the
village Engineer have approved the Oversized Line as described
above, the village Engineer shall so inform the Village
President and Board of Trustees in writing with a copy of such
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conununication to Developer. The Village President and Board of
Trustees promptly thereafter sha1l take the necessary action to
finally accept the Oversized Line with respect to horizontal
and vertical alignment, manhole invert elevations and water
infiltration and, subject to the provisions of paragraph 7
preceding, will release the Developer's bond applicable to the
Oversized Line, but shall not release the Developer from its
obligations to repair any damage thereto caused by Developer,
its employees, agents or subcontractors as required by any
applicable ordinance of the ViLlage or any other agreement
betereen the Village and Developer or binding upon Developer.
(S) The vilLage hereby acknowledges that the
DeveLoper and The Hoffman Group, Inc. (.Hoffman.) each wilI be
payinq one-half of the cost of the Oversized Line and that
Developer will, therefore, pay Hoffman one-half of aIl sums
payable to Developer under the Recapture Ordinance and under
subparagraph (a) above.
(h) Concurrently with the execution of this Agreement
by the villaqe, the Vil. lage shall furnish to Developer a legal
opinion of counsel for the Village to the effect that (i) the
execuEion and delivery of this Agreement by the Village has
been duly auEhorized in accordance with a1l required
procedures; (ii) Ehis Agreement constiEutes a valid, binding
and legally enforceable obligation of the village in accordance
with its terms; and (iii) the Village has the right, gower and
authority to enEer into this Agreement and to perform its
obligations under this A9 reemenE.
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(i) On the effective date of the Recapture Ordinance,
the Village shalI cause its counsel to deliver to Developer a
legal opinion to the effect that (i) the Recapature Ordinance
has been duly adopted in accordance with all required
procedures; (ii) the village has the riqht, power and authority
to enact the Recapture Ordinance; and (iii) the Recapture
Ordinance is enforceable in accordance with its terms.
11. The ViIlage desires that Developer assist the village
in accomplishing the installation of that segment (the 'Newtown
Segment") of a 33-inch sanitary sewer line to be located in
Hiqhland Point Unit 7 on the north side of Newtown Drive
running east from Foxhill Drive approximately 450 feet to the
eastern right-of-way of weiland Road. and the Developer is
agreeable to rendering such assistance Lo the village on and
subject to the following terms and conditions of this paragraph
II:
(a) The Village, at its sole cost, shal1 prepare or
cause to be prepared plans and specificati.ons (the "Newtown
Segment Plans and Specifications') for the Newtown Segment and
shall deliver those pJ.ans and specifications to Developer.
Based upon the Newtown Segment PIans and Specifications,
Developer sha11 solicit bids from contractors for the
installation of the Newtown Segment, and promptly upon receipt
of such bids by Developer, Developer shall submit copies of aIl
such bids to the ViIIage. The Developer thereafter shall
accept the bid of that contractor, if any, which the ViIlage
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directs Developer in writing to iccept and shall enter into a
contract with such contractor for the installation of the
Nelrtown Segment, but only after the village has approved in
writing the provisions of the proposed contract. As a
condition to the acceptance of any bid, the Village may require
that the contractor furnish a performance bond relating to the
installation of the Ner,rtown Segment, buE if the Village imposes
such requirement, the Village shall pay the premium ior such
bond as an extra to the installation contract. If such bond is
so obtained, at the request of Ehe village Ehe Developer shalI
assign the bond to the Vi1lage, :.rithout recourse. Developer
shall have no obligation to prorride to rhe village any bond or
other surety in connection with che irrs:allation of the Newtown
Segment, except for a bond obtained from the contractor as
described in the preceding porti.ons of this subparagraph (a).
Developer shall have no obligation to accept any
bid or enter into any contract lor the installation of the
Newtown Segment unless and until the village directs Developer
in writing to so act. Additionally, the Developer shall have
no liability to the village for any failure or refusal of the
contractor or any subcontractor or material supplier to perform
its respective contractual or other duties with respect to the
installation of the Ner^rtown Segment.
(b) If a contract is entered into wit.h a contractor
for the installation of the Newtown Segment pursuant to written
direction of the viIlage, the Developer from Eime to time
thereafter shall make interim grogress payments Eo the
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contractor in connection with the installation of the Newtown
Segment as required by such contract. but only after the
village has approved in advance and in writing each such
progress payment. The DeveLoper shaII have no obligation to
make any payments to such contractor unless and until the
Vj. IIage authorizes such payment in writing. The Developer
promptly shall deliver to the village all certifications, Iien
waivers and documentation received by it from the contractor
and others in support of each request for payment.
The Village agrees promptly to review aII
documentation, to make all inspections and to do al.l. other
things from time to time necessary tc enable the village to
approve or disapprove each request for payment received from
the contractor, including the final payment for the work, and
to advise Developer lrhether or noE to make the requested
payment.
(c) Within 15 days after approval by the Village of
each request for payment by the contractor, including the
request for final payment, the Village sha1l reimburse the
Developer for the amount so approved for payment to the
contractor by the Village. If the ViIlage fails to make any
payment to the Developer within the Eime prescribed, then the
Developer thereafter shall have no obligation to make any
further payments to the contractor untit a1l such payments due
Developer from the Village have been paid in full, and
additionally, Developer shaIl have the right. without Iiability
of any kind to the ViIlage, to direct the contractor to suspend
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all further work in connection with the installation of the
Newtown Segment. The VilIage hereby irrevocably waives aII
rights to reduce, delay or withhold palrments due the Developer
in connection with the installation of the Newtown Segment
based upon any claims of the vi11a9e against the Developer of
any kind whatsoever, irhether or not related to the installation
of the Newtown Segment.
(d) It is specifically understood and agreed by the
ViIlage that Developer shall not have any duties or obligations
erith respect to the design. installation, inspection or
maintenance of the Newtown Segment or supervision of the
contractor and subcontractors performing such installation, it
being the intention of the ViIlage and Developer that
Developer's duties with respecE to the Newtown Segment after
execution of the contract for installation are limited solely
to processing requests for payment from time to time received
from the contractor and making payment of sums authorized in
advance, in writing, by the VilIage.
(e) The ViIIage agrees to indemnify, hold harmless
and, at the request of any indennitee, defend with counsel
reasonably satisfactory to such indemnitee Developer, its
officers, directors, employees and agents from and againsE all
cLaims, Iiabilities, damages, costs and expenses. including
reasonably attorneys' fees, suffered or incurred by any
indemnitee resulting from. relating to or based upon Ehe
Newtown Segment or the design, installation, operation or
maintenance thereof, excluding only claims resulting sole1y
20
vv
from the failure of Developer to perform its obligations under
this paragraph lI.
L2. This Agreement shall be binding upon and inure to the
benefit of the parties hereEo and their respective successors
and assigns. This Agreement is not for the benefit of any
persons or entities other than the viIlage, the Developer, The
Hoffman Group, Inc. and their respecti.ve successors and
assigns, and no such other persons or entities shall derive any
rights by reason of the execution. performance or
non-performance of this Agreement nor be entitled to rely in
any way on the provisions hereof,
13. Concurrently with the exec.rtion hereof, the president
of the Village and.Village Clerk wiil execute two sets of
Approved Plans and Specifications relating to the Oversized
Line, one set to be held by Developer and the other to be held
by the Vi I lage.
14. Developer shall be deemed to have fulfilled al} its
obligations under this Agreement with respect to the Oversized
Line upon release by the Village of the bond and maintenance
bontl described in paragraphs 3 and 7 above.
15. Nothing contained in this Agreement shall constitute a
final approval by the ViIIage of any plat or plats of
subdivision affecting all or any part of the ReaI Estate or any
improvements (or related engineering) appearing on the Approved
Plans and Specifications other than the Oversized Line and
appurtenances thereto, nor shall this Agreement constitute an
)t
!r
undertaking by the Developer at any time to request final
subdivision approval for aIl or any part of the Real Estate.
IN WITNESS WHEREOF, the undersigned have caused this
Agreement to be executed by their duly authorized officers as
of the dates appearing beside such signatures.
DATED:a/i985 VILLAGE OF BUFFALO GROVE, AN
I Ilinois municipa I corporaEion
ATTEST:
By:
11 ge Clerk P S1 dent , Board of Tru es
/:
By
DATED :
ATTEST :
By
;/..2 I985 STANDARD PACIFIC-ILLINOIS CORP.,a California corporation
By:
res r dent1
:- -:^ _-
22
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,.EXHIBIT D''
TO
OFFSITE IIUPROVEMENT AGREEMENT
33 SANITARY SEVIER PRoJECT
PROPOSED HIGHLAND POINT UNITS 8 & 9
BUFFAIO GROVE, ILL]NOIS
I
LIST OF IMPROVEMENTS TO BE MADE:
SANITARY SEIIER:
IlEI't # OUANTITIES
1I3O Linear Ft-
6 Each
3 Each
25 Square Yds.
I Each
ITEM DESCRIPTIONS
33" Sanitary Serrer C36I-78, CLass C-25,with 2-I2 mil thick coats of Epoxy lining.wall thj-ckness 3-3/4tr. InstalLed with
ru.bber joint rings, C361-78. Joints to
meet Bureau of Reclamation Type R-4specifications. (Installed in open trenchwith clay backfill) (15,-20, deep)
6oft diameter sanitary manhole w/R f772C
complete- (15r-20' deep)
60" diameter sanitary drop manhole VR
1772C complete. (15,-2O' deep)
Pavement removal & replacenent (Existing
pavement to be saw cut prior to removal)
R.O.W. IGstoration at Busch Road (Stone
shoulders, grading, topsoil & seeding)
2
3
6
7
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Page I of 1
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!IEXHIBIT P"
TO
OFFSITE IMPROVEMENT AGREEI{ENT
33" SANITARY SEWER PROJECT
PROPOSED HI GHLAND POINT UNI?S 8 & 9
BUFFALO GROVE, T],LINOIS
IEGA], DESCRIPTION OF BENEFITTED AREA:
Ttlat part of Township 43 North, Range ll, East of the Third principal
Meridian, Lake County, Illinois, more fully described as follows:
, The NE L/4t ttle SE L/4; Ette E L/2 of the sw L/Ai ttre sE 1/4 of rhe
NW 1,24; and E L/2 of the NE I/4 of the Nli l/4 of Section 17, and;
The SW I/4 of Section 16. and;
That part of Section 21 1yin9 west of the Soo Line Railroad, exceptingthat portion of CoNnonwealth Edison Right-Of-t{ay lying therein, and;
That part of Section 28 lying North of Busch Road and West of a linebeginning at the intersection of the Soo Line Railroad anal Aptakisic
Road, extending thence Southeasterly along the centerline of the SooLine Railroad to i-ts intersection wj.th the Aptakisic-Creek, thence
Southwesterly along the centerline of the Aptakisic Creek to thecenterline of Busch Road, said point on the centerline of Busch Roadbeing the end of the line being descri-bed, excepting that portion of
Conuronwealth Edison Right-Of-Way lying therein, and;
T};re E l/2 of the NE L/4 of the NE I,u4 of Section 29, and;
t:he E 3/4 of the SE l/4i t}le E L/2 of the NE l/4, and the E 3/4 of the
N 9/I0 of xhe w L/2 of the NE l/4 of section 20, excepting that portionbf Conunonwealth Edison Right-Of-Way lying therein.
Tlre above benefi*ed area consists of approximat "r, K(.r"..
L,7 62 -..- . ,'|.-/,,i '-+'r/,/. " i
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"EXHIBIT F"
TO
OFFSITE IMPROVEMENT AGREEMENT
33 SANITARY SEWTR PROJECT
PROPOSED HIGHIAND POINT UNITS 8 & 9
BUFFATO GROVE, ILITNOIS P,(iezo1z
3o9
S".a-..r1