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O-95-22ORDINANCE NO. 0 -95 -22 AN ORDINANCE AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS OF 1975 AND SECTION 4 -103 OF THE VILLAGE OF DEERFIELD DEVELOPMENT CODE Published in pamphlet 7th day of June by the President and Trustees of Deerfield JKS \33323.1 6/1/95 form this 1995 Board of ORDINANCE NO. 0 -95 -22 AN ORDINANCE AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS OF 1975 AND SECTION 4 -103 OF THE VILLAGE OF DEERFIELD DEVELOPMENT CODE NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That Chapter 20 of the Municipal Code of the ONE: Village of Deerfield of 1975 as amended being the Subdivision Code of the said Village be and the same is hereby further amended by deleting Section 9.107 and substituting a new Section 9.107 as follows: 119.107 Deposit Letter of Credit or Escrow in Lieu of Bond. A plat of subdivision may be approved upon filing with the Village Manager satisfactory evidence of the execution of a trust agreement, escrow agreement, or furnishing of a Letter of Credit providing that an amount equal to 1250 of the estimate of the Village Engineer of the cost of the construction and installation of such improvements has been deposited in a trust or escrow fund, or that an irrevocable Letter of Credit has been issued to the Village of Deerfield as beneficiary thereunder in an amount, form and duration satisfactory to the Village of Deerfield, that the proceeds are to be used for the construction and installation of such improvements. The Village Engineer shall review the amount on deposit on the second anniversary of deposit and each two years thereafter. To the extent that the Village Engineer estimates that the cost of the improvements shall have increased, the Village shall require a corresponding increase in the deposit. The Village Manager may authorize the release of such deposit or letter of credit upon the satisfactory completion of all or portions of said improvements and providing that an amount equal to 10% of the estimated cost of such improvement shall be held by or on behalf of the Village for a period of one year after the final completion and approval of such improvements as a guarantee against any defect in the material or workmanship furnished in connection with such improvements latent in character and not discernible at the time of the final approval of such improvements and to guarantee against any damage to such improvements by reason of the settling of the ground, base or foundation thereof. No subdivision shall be approved JKS \33323.1 6/1/95 ORDINANCE NO. 0 -95 -22 AN ORDINANCE AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS OF 1975 AND SECTION 4 -103 OF THE VILLAGE OF DEERFIELD DEVELOPMENT CODE unless there has been filed a bond or bonds as described in Section 9.106 or evidence of an escrow, trust agreement or issuance of a letter of credit to the Village of Deerfield in accordance with the provisions of this section." SECTION That Section 4 -103 of the Village of Deerfield TWO: Development Code, as amended, be and the same is further amended by deleting 'Section 4 -103 and substituting in lieu thereof the following: "SECTION 4 -103 AMOUNT OF PERFORMANCE GUARANTEE The applicant shall submit to the Village Engineer estimates for the cost of construction (or actual executed construction contracts) for public and private improvements contemplated in the final engineering plan and final improvement plan. The Village Engineer shall review such estimates or construction contracts and, if acceptable, approve the amount of the performance guarantee. The amount of the performance guarantee shall be based upon: A. 125 percent of the total estimate of construction costs and inspection fees for all guaranteed improvements; or B. 125 percent of the total construction costs as indicated in an approved and executed construction contract plus inspection fees ,for all guaranteed improvements. C. In addition to the amount in A or B above, a sufficient amount shall be included to cover the estimated cost of a construction manager in the event that the applicant does not complete the improvements contemplated. Further, in the event the construction period exceeds two (2) years the Village Engineer shall have the right to review the cost estimated and after each two (2) year period and require increases in the amount of the performance guarantee based on increases in said estimated cost." JKS\33323.1 6/1/95 ORDINANCE NO. 0 -95 -22 AN ORDINANCE AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS OF 1975 AND SECTION 4 -103 OF THE VILLAGE OF DEERFIELD DEVELOPMENT CODE SECTION That the Village Clerk is hereby directed to THREE: publish this Ordinance in pamphlet form. SECTION That all ordinances or parts of ordinances in FOUR: conflict herewith are, to the extent of such conflict, hereby repealed. AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None ( 0 ) ABSENT: None (0) PASSED this 5th day of APPROVED this 5th day of ATTEST: GE CLERK JKS\33323.1 6/1/95 June June A.D., 1995. A.D., 1995. "'IN- i