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Resolution 2019-12 Resolution No. 2019-12 A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING SETTLEMENT AGREEMENT RELATING TO THE COMPLETION OF PUBLIC IMPROVEMENTS FOR THE BLACKBERRY WOODS SUBDIVISION WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Meadowbrook Builders, LLC, an Illinois limited liability company (the "Developer") is constructing a residential subdivision known as the Blackberry Woods Subdivision; and, WHEREAS,pursuant to the Subdivision Control Ordinance of the City, First Community Bank,now known as Busey Bank, issued letters of credit#159 and#222 (the "Letters of Credit") securing the completion of the Blackberry Woods Subdivision; and, WHEREAS, a dispute between the City and Developer has arisen as a result of the City calling the Letters of Credit due to the Developer's failure to complete certain items as required by its Subdivision Control Ordinance (the"Dispute"); and, WHEREAS,the Developer and City have negotiated the terms of a settlement agreement which provides for the release of letter of credit#159 and the replacement of letter of credit#222 with a new letter of credit to secure the completion by the Developer of the items as set forth in the settlement agreement(the"Settlement Agreement"); and, WHEREAS, the Mayor and City Council of the City believe it to be in the best interests of the City and its residents to settle the Dispute in accordance with the terms of the Settlement Resolution No.2019-12 Page 1 Agreement;thereby eliminating costs to be incurred in litigating the Dispute and providing for the completion of the Blackberry Woods Subdivision as originally contemplated. NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Settlement Agreement by and between the City and Developer, attached hereto and made a part hereof, is hereby approved and the Mayor, City Clerk, and City Administrator are hereby authorized to executed and deliver said Settlement Agreement and undertake any and all actions as may be required to implement its terms on behalf of the City. Section 2. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 26d'day of March,A.D. 2019. 'bET>VTy CITY CLERK CARLO COLOSIMO Absent KEN KOCH Absent JACKIE MILSCHEWSKI Ave ARDEN JOE PLOCHER Ave CHRIS FUNKHOUSER Ave JOEL FRIEDERS Ave BEAVER TARULIS Aye JASON PETERSON Absent APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 0 day of I L , A.D. 2019. M Yft// Resolution No.2019-12 Page 2 Attest: U4a E:PU7'y CITY CLERK Resolution No.2019-12 Page 3 STATE OF ILLINOIS ) COUNTY OF KENDALL ) Revised February 26, 2019(2) Final Draft BLACKBERRY WOODS LETTER OF CREDIT PUBLIC WORK IMPROVEMENT AND SETTLEMENT AGREEMENT NOW COMES MEADOWBOOK BUILDERS, LLC AN ILLINOIS LIMITED LIABILITY COMPANY and in agreement with the UNTIED CITY OF YORKVILLE to provide completion of Public Improvements for Blackberry Woods Subdivision, and further to settle all matters in dispute between the parties and provide security for completion of said Public Improvements agree as follows: I. MEADOWBROOK BUILDERS, LLC hereby agrees to complete all Public Improvements and final inspections by City Engineers on or before June 1, 2019. IL Letters of Credit: The parties hereto acknowledge and agree that there are two outstanding Letters of Credit issued originally by First Community Bank N.K.A Busey Bank as follows: a. Letter of Credit#159: Attached hereto and incorporated herein by reference is a letter dated January 10, 2019 referencing two repair items that need to be completed by MEADOWBROOK BUILDERS, LLC and upon completion of such were the last items to be resolved under Letter of Credit 159. The parties hereto agree that the UNITED CITY OF YORKVILLE will furnish a Release letter to Busey Bank releasing all of Letter of Credit #159. b. Letter of Credit#222: Attached hereto and incorporated herein by reference is a copy of a letter dated January 10, 2019 from Engineering Enterprises in regard to Letter of Credit#222. Meadowbrook Builders LLC and the UNITED CITY OF YORKVILLE 1 agree that MEADOWBROOK BUILDERS, LLC shall cause a new Letter of Credit to be issued with a one year fixed date from date of issuance by Busey Bank in favor of the UNITED CITY OF YORKVILLE in the sum of$164,500.00 which shall secure completion of the remaining items of Public Improvements needed to be completed by MEADOWBROOK BUILDERS, LLC by June 1,2019 plus a one year retention period as to a 10% balance of that Letter of Credit for a one year period of time from Public Improvement acceptance. III. Completion of Public Improvement Items or Accounting for Public Improvements completed pursuant to Letter of Credit#22 and the attached January 10, 2019 Engineering Enterprises Letter: General 1. Minor street additions are being added to the"AS-BUILT" drawings previously submitted to the City. The final version shall be submitted to Engineering Enterprises for review by Meadowbrook Builder, LLC on or before February 15, 2019. 2. All construction debris has been removed on a continuing basis by MEADOWBROOK BUILDERS, LLC. They will continue to periodically inspect the site as homes under construction occasionally have packaging and other debris blowing out of dumpsters which are located at each house construction site for proper disposal of debris. There are no construction items of Developer remaining unpicked up anywhere within the Development. Stormwater 3. It is believed that all sediment was removed form the stormwater management facility. This matter not having shown up prior to the November 19, 2018 Punchlist did not permit that planting of the materials called for in the landscape plan for the Subdivision. It is anticipated that seeding will take place in Mid-April 2019 or at the latest prior to the overall completion date. Storm Sewer 4. Items 4,5 ,and 6 are already completed. 7. Will be completed by June 1, 2019. 8. The parties are reviewing the televised drawings and working out a solution to the repairs on the them. It is anticipated that Aladdin Nasar the Principal of Meadowbrook Builders LLC and Bradley P. Sanderson the supervising Engineering Enterprises Engineer will have an agreement in place exactly as to what repairs will be need and how they will be performed by March 12, 2019 and repair items completed by June 1, 2019. 2 Roadway 9. & 10. As weather permits the new damaged area of concrete curb and gutter will be repaired before the overall repair expiration date. Given that we are in a very severe winter season it is probable that there will be more street patching and curb repairs either due to snow plow damage or construction on the last few remaining lots which again will be accomplished we believe by April 1, 2019 and ready for inspection. 11. Completion of the remaining public sidewalks will be by the June 1, 2019 date although it is anticipated by the parties that the repairs can be completed earlier in the spring as long as there is dry weather. 12. Thorn Electric has been contracted to do the job they have the fixture heads and wiring in their possession,they have ordered the light poles that are in conformity to City Ordinance. It does take a bit of time to get the poles but as soon as Thorn those they will install the light poles and do the burn inspection called for item 13. 14. Back filling was done as requested by the UNITED CITY OF YORKVILLE previously seeding will take place when the detention pond seeding happens in early spring. 15. Completion of the remaining public sidewalks will be by the June 1, 2019 date although it is anticipated by the parties that the repairs can be completed earlier in the spring as long as there is dry weather. 16. And 17. Meadowbrook Builders is waiting for confirmation on unusual sign design and will install as soon as available from the City. 18. Parkway trees that need to be finished have been being installed on a lot by lot basis with each building permit. There are currently some homes finished that were set for occupancy during winter months that would not permit planting of parkway trees and there is individual bonds in place for each of those situations again there is a small number of lots that the Developer still has to put the trees in without homes which will be done by the overall June 1, 2019 date. We respectfully submit this written agreement to resolve all matters. We are requesting Busey Bank to issue the new Letter of Credit; the hope of both the City Attorney and myself is that they will issue a totally new Letter of Credit rather than jus reduce the existing Letter of Credit#222. As soon as we hear back form the Bank we will advise the City Attorney of the methodology to be used in that fashion. Respectfully Submitted by: 3 Daniel J. Kramer, Attorney at Law This agreement is approved by: MEADOWBROOK B ILDERS, LLC UNITED CIT YORKVILLE 0,04t iirleasd, Nfanager Authorized Representative Date: Date: 0 4 YEARS Engineering Enterprises,Inc. January 10, 2019 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Blackberry Woods(Phase B)-LOC No. 159 United City of Yorkville Kendall County, Illinois Krysti: A representative from Engineering Enterprises, Inc. performed an onsite punch list inspection for the above referenced project and noted the following: Sanitary Sewer 1. The following structure has an incorrect lid and should be replaced with a lid reading "City of Yorkville - Sanitary"with concealed pick holes: S-6. Water Main 2. The following structure has an incorrect lid and should be replaced with a lid reading "City of Yorkville - Water"with concealed pick holes: VV-9. The contractor shall contact us once the items have been completed for a re-inspection. If you have any questions or require any additional information, please contact our office. Very truly yours, ENGINEERING ENTERPRISES, INC. �BradleY P. Sanderson, P.E. Vice President BPS/nls PC: Mr. Bart Olson, City Administrator(Via e-mail) Ms. Erin Willrett, Assistant City Administrator(Via e-mail) Mr. Eric Dhuse, Director of Public Works(Via e-mail) Ms. Lisa Pickering, Deputy Clerk(Via e-mail) Ms. Kathy Field-Orr, City Attorney(Via e-mail) Mr. Aladdin Nassar, Meadowbrook Builders (Via e-mail) JAM, NLS- EEI (Via e-mail) YEARS Engineering Enterprises,Inc. January 10, 2019 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Blackberry Woods(Phase B)- LOC No. 222 United City of Yorkville Kendall County, Illinois Krysti: A representative from Engineering Enterprises, Inc. performed an onsite punch list inspection for the above referenced project and noted the following: General 1. Updated record drawings reflecting the new roadway and curb should be submitted for review. I 2. All construction debris should be removed from the site. Storm Water Martacomerd Facility 3. Appropriate vegetation and seeding should be planted around the southwest detention basin in the areas where excessive sediment was removed. Storm Sewer 4. The following structures have debris and should be cleaned: MH 117, INL 125, INL 132 and INL 140. 5. The following structure has a broken frame and should be replaced along with a new lid: MH 129. 6. The following structure has an offset frame and rings and should be reset: INL 96 7. Sump pump line for Lot 121 should be connected to structure MH 113 and the connection mortared. 8. We have reviewed the televising video of the existing storm and sanitary sewer dated February 2017 as prepared by Cam-Vac. The following comments should be addressed and repaired. • Pipe segment 113 to 112 has two misaligned storm sump taps located 57.4' and 56.1' from the upstream manhole. 52�%Iheeler Road, Sugar Grove, IL 60554 - 1 1 • Ms. Krysti Barksdale-Noble January 10, 2019 Page 2 • Pipe segment 113 to 112 the pipe is cracked at two joints located 39.0' and 95.5' from the upstream manhole. • Pipe segment 139 to 136 has a misaligned storm sump tap located 47.8' from the upstream manhole. • Pipe segment 139 to 136 the pipe is cracked at the joint located 117.7' from the upstream manhole. • Pipe segment 98 to 94 the pipe is cracked at the joint located 78.8' from the upstream manhole. • Pipe segment 103 to 102 the pipe has cracking throughout the pipe located 41.4', 58.6', 66.2', 83.1' and 152.6' from the upstream manhole. Pipe segment 125 to 106 has debris in the storm sump tap located 59.3' from the upstream manhole. • Pipe segment 142 to 141 the pipe is cracked at the joint located 154.7' from the upstream manhole. • Pipe segment 97 to 96 has wall shadowing of the reinforcement bars located 37.6' from the upstream manhole. • Pipe segment 117 to 111 the pipe is cracked at two joints located 92.7' and 108.6' from the upstream manhole. • Pipe segment 119 to 118 has wall shadowing of the reinforcement bars located 57.7' from the upstream manhole. • Pipe segment 126 to 105 has debris in the storm sump tap located 41.7' from the upstream manhole. • Pipe segment 127 to 126 the pipe is cracked at the joint located 13.3' from the upstream manhole. • Pipe segment 152 to 127 has wall shadowing of the reinforcement bars located 18.1' from the upstream manhole. The developer should contact our office to review the methods of repair prior to completing the work. Roadway The developer should contact our office to review the methods of repair prior to completing items 9-11. 9. There are several locations where the concrete curb and gutter has been damaged and should be repaired. 10. There are several locations where the HMA surface has been damaged and should be repaired. 11. There are several locations where the concrete sidewalk has been damaged and should be repaired. 12. Street lights should be installed through the Unit per plan. Ms. Krysti Barksdale-Noble January 10, 2019 Page 3 13. A 48 hour burn test of the street lights should be completed prior to acceptance. 14. The sidewalk at Carly Drive and Purcell Street should be backfilled with topsoil and topped with seed, fertilizer and hydraulic mulch. 15. Sidewalk should be completed for all undeveloped lots throughout the Unit per plan. 16. Install Future Roadway Connection sign at the west dead end of Purcell Drive. 17. Install End of Roadway Reflectorized Red signs at the west dead end of Purcell Drive. Landwming 18. Parkway trees in front of undeveloped lots should be installed at 50-foot intervals per the landscape plan. The contractor shall contact us once the items have been completed for a re-inspection. If you have any questions or require any additional information, please contact our office. Very truly yours, ENGINEERING ENTERPRISES, INC. radley P. 5nderson, P.E. Vice President BPS/nls PC: Mr. Bart Olson, City Administrator(Via e-mail) Ms. Erin Willrett, Assistant City Administrator(Via e-mail) Mr. Eric Dhuse, Director of Public Works (Via e-mail) Ms. Lisa Pickering, Deputy Clerk (Via e-mail) Ms. Kathy Field-Orr, City Attorney (Via e-mail) Mr. Aladdin Nassar, Meadowbrook Builders (Via e-mail) JAM, NLS - EEI (Via e-mail) \\Milkyway\EEI Storage\Docs\Public\Yorkville\2016\Y01627-DG Blackberry Woods-Phase B\Docs\Punchlist 05—LOC 222.doc Engineering Enterprises, Inc. Punchlist05 LOC222 DAMAGED HMA PAVEMENT A � t DAMAGED . PAVEMENT AND x CONCRETE 52 Wheeler Road,Sugar Grove,IL 60554— (630)466-6700 tel— (630)466-6701 fax—www.eeiweb.com Engineering Enterprises,Inc. PunchfistOS_LUt222 DAMAGED HMA PAVEMENT AND p. CONCRETE At n ,q DAMHMA PAVEMENT AND AGED CONCRETE 52 Wheeler Road,Sugar Grove, IL 60554— (630)466-6700 tel —(630)466-6701 fax—www.eeiweb.com Engineering Enterprises, Inc, Punchlist05 LOC222 77 DAMAGED HMA PAVEMENT won= BMs .. " y (�.. DAMAGED HMA PAVEMENT AND CONCRETE CURB av 52 Wheeler Road,Sugar Grove,IL 60554- (630)466-6700 tel - (630) 466-6701 fax-www.eeiweb.com Engineering Enterprises,Inc. PunchlistOS LOC222 + _. . ca DAMAGED HMA PAVEMENT Ik— DRIVEWAY TO BE REPLACED �•i $ s;f 52 Wheeler Road, Sugar Grove, IL 60554 – (630) 466-6700 tel – (630} 466-6701 fax –www.eeiweb.com Engineering Enterprises,Inc. Punchlist05 LOC222 SIDEWALK TO BE BACKFILLED AND .� a m� RESTORED r AREA TO BE • D TO BETTER CONDITIONS 52 Wheeler Road, Sugar Grove, IL 60554- (630)466-6700 tel - (630)466-6701 fax -www.eeiweb.com Engineering Enterprises, Inc. PunchIM05 JOC222 151 AREA a� y. • BE RESTORED • BETTER CONDITIONS f INL 140 • BE CLEANED • �t a a. l�x Y`$ 52 Wheeler Road,Sugar Grove, IL 60554— (630)466-6700 tel (630) 466-6701 fax —www.eeiweb.com Engineering Enterprises,Inc. Punchlist05 1OC222 r , j BROKEN -AON D 4SHOULD NEW LIDax-' » r „ „6 a v h .. BE RESET AT MH 4 sn OFFSET FRAME TO 96 A tp -. 52 Wheeler Road,Sugar Grove, IL 60554— (630)466-6700 tel — (630)466-6701 fax — www.eeiweb.com