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O-03-19VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-19 AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION FOR JOHNSTONE'S DEEP DENE RESUBDIVISION PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of April , 2003. Published in pamphlet form by authority of the' President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2 2nd day of April ___,2003. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -03 -19 AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION FOR JOHNSTONE'S DEEP DENE RESUBDIVISION WHEREAS, the Board of Trustees of the Village of Deerfield has previously approved a preliminary plat of subdivision for the proposed Deep Dene Resubdivision; and, WHEREAS, the Plan Commission of the Village of Deerfield has determined that the final plat of subdivision for the proposed Deep Dene Resubdivision is in substantial conformance with the preliminary plat of subdivision previously approved and has submitted its recommendation to the Board of Trustees of the Village of Deerfield that the request for approval of the final plat of subdivision for the proposed Deep Dene Resubdivision be approved; BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the corporate authorities of the Village of Deerfield do hereby approve the final plat of subdivision for Johnstone's Deep Dene subdivision, being a resubdivision of part of Lot 7 in Gooders Second Addition to the Village of Deerfield in Section 32, Township 43 North, Range 12, East of the Third Principal Meridian, in Lake County, Illinois, including variations from the strict requirements of the Deerfield Subdivision Code as follows: (i) to allow a private street with a rural profile and a reduced width, as shown more particularly on the approved engineering plans for the subdivision, in lieu of the required 28 -foot wide public street with curb and gutter in a 60 -foot wide dedicated public right -of -way, with a terminus (bulb) of the cul -de -sac in a 100 -foot diameter right -of -way; (ii) to waive the requirement for public sidewalks in the subdivision; and (iii) to waive the requirement for street lights in the subdivision. SECTION 2: Pursuant to Section 9.106 of the Village of Deerfield Subdivision Code, the corporate authorities of the Village of Deerfield do hereby approve the Statement of Intent and Agreement for Johnstone's Deep Dene Subdivision, a copy of which is attached hereto as Exhibit A. SECTION 3: The President and Village Clerk of the Village of Deerfield are hereby authorized and directed to execute the Statement of Intent and Agreement for Johnstone's Deep Dene Subdivision on behalf of the Village of Deerfield. SECTION 4: The President and Village Clerk of the Village of Deerfield are hereby authorized and directed to execute the final plat of subdivision of Johnstone's Deep Dene Subdivision on behalf of the Village of Deerfield, after the Statement of Intent and Agreement for the Deep Dene Subdivision has been executed by Our Gang, Inc., the developer of the subject property. SECTIONS: That the Village Clerk is hereby authorized and directed to cause said plat of subdivision and the Statement of Intent and Agreement for said subdivision to be recorded, at developer's expense, in the office of the Lake County Recorder of Deeds. SECTION 6: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current. or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the 2 intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 7: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 21st day of Apr i1 , 2003. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT: None ABSTAIN: None APPROVED this ATTEST: '-404e� 4) 22b Village Clerk 3 STATEMENT OF INTENT AND AGREEMENT FOR THE JOHNSTONE'S DEEP DENE SUBDIVISION The following is a binding Statement of Intent and Agreement dated this o9 / stday of /"iPr1/ , 2003 between Our Gang, Inc. ( "Developer ") and the Village of Deerfield, an Illinois home rule municipal corporation (the "Village ") concerning requirements for the development of a subdivision known as the Johnstone's Deep Dene Subdivision (the "Subdivision "). 1. SUPPORTING DOCUMENTS: (a) The final plat of subdivision for the Johnstone's Deep Dene Subdivision prepared by R.E. Decker P.C. dated February 12, 2003, (the "Final Plat "). (b) The final engineering drawings and specifications (the "Engineering. Plans ") prepared by The Daniel Creaney Company (the "Project Engineer ") dated March 13, 2003. (c) Declaration of Covenants, Conditions, Easements and Restrictions for Deep Dene Homeowners Association. 2. APPROVAL OF FINAL PLAT: The Village approves the Final Plat subject to compliance with each of the following conditions, all of which must be satisfied prior to the execution of the Final Plat on behalf of the Village: (a) Payment to the Village of engineering review fees in the amount of $5,400.00. (b) Execution of this Agreement. 3. ESTIMATE OF COST OF MUNICIPAL IMPROVEMENTS: The Project Engineer has provided an estimate of the cost of constructing the following improvements (the "Municipal Improvements ") in accordance with the Engineering Plans for the development of the Subdivision which is hereby approved: Municipal Improvement Estimated Cost Sanitary Sewer Improvements $ 21,270.00 Demolition $ 10,000.00 Earthwork $ 15,000.00 Water Main Improvements $ 22,950.00 Storm Sewers/Drainage $ .45,480.00 Driveway $ 11,524.00 Contingency 10% % $ 12,622.00 Total $ 138,846.00 110% to determine Letter of Credit $ 13,884.00 TOTAL . $ 152,800.00 Developer shall furnish and maintain an irrevocable letter of credit, or other good and sufficient security as approved in writing by the Village, securing the proper construction and completion of the Municipal Improvements in the Subdivision in an amount not less than 110% of the estimated cost of the Municipal Improvements, all as more fully set forth in Section 7 of this Statement of Intent and Agreement. 4. AMENDMENTS: All amendments to this Statement of Intent and Agreement shall be in writing and approved by the Village and Developer. The Village Ordinance provisions in effect at the time of the request for an amendment shall apply. 5. COMPLIANCE WITH APPLICABLE ORDINANCES, LAWS, REGULATIONS AND RULES; VAARIATIONS: Except as expressly provided herein, Developer shall comply with any and all applicable ordinances, laws, regulations and rules of the Village and any other governmental body that has jurisdiction over the Subdivision. The following variations from the strict provisions of the Subdivision Code of the Village of Deerfield are granted: (a) to allow a private street with a rural profile and a reduced width pavement, as shown more particularly on the approved Engineering Plans, in lieu of the required 28 -foot wide public street with curb and gutter in a 60 -foot wide dedicated public right -of -way, with a terminus (bulb) of the cul -de -sac in a 100 - foot diameter right -of -way; (b) to waive the requirement for public sidewalks in the subdivision; and (c) to waive the requirement for street lights in the subdivision. No construction work shall be performed relating to the development of the Subdivision and no dwelling unit in the Subdivision shall be occupied unless and until all required permits are obtained from the governmental bodies having jurisdiction over the Subdivision. 6. CONDITIONS WHICH MUST BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: The Developer must comply with each of the following before a building permit is issued for any construction on a lot within the Subdivision: OA (a) The Final Plat must be recorded. (b) To the extent that modifications to the Engineering Plans are submitted by the Developer,, or are otherwise required for compliance with the Deerfield Subdivision Code, Developer shall submit such modifications for review by the Village Engineer and shall pay all Village review fees associated therewith. (c) Developer shall provide a schedule for the orderly construction of the Municipal Improvements. 7. SECURITY FOR COMPLETION OF MUNICIPAL IMPROVEMENTS: To guarantee the completion of Municipal Improvements, and other commitments by the Developer as specified in this Statement of Intent and Agreement, the Developer shall provide to the Village financing surety by means of a letter of credit in a total amount of not less than $152,800. The letter of credit for the Subdivision shall be provided to the Village prior to the recording of the Final Plat and shall be in a form approved in writing by the Village's attorney. The letter of credit shall be issued by a bank having an office located within Cook, McHenry, Lake, DuPage or Kane Counties, Illinois where draws can be made on the letter of credit. The bank issuing the letter of credit shall be subject to the approval of the Village and the Village may refuse to accept any letter of credit issued by a bank that has not been previously approved in writing by the Village. As each component of the Municipal Improvements is accepted, the Developer may request that the Village reduce the amount of the letter of credit. If 60 days prior to the expiration of the letter of credit, the Developer has not extended the letter of credit or any extension of the letter of credit, for a period of not less than one year, that failure to extend shall be deemed to be a default on the part of the Developer under the provisions of this Statement of Intent and Agreement and the Village shall have the right to refuse to issue any additional building permits or occupancy permits within the Subdivision. The Village shall have the right to refuse to accept the renewal of a letter of credit which expires any time 18 months after the date of this Statement of Intent and Agreement if the Municipal Improvements provided for in Section 3 of this Statement of Intent and Agreement have not been accepted. In lieu of providing a letter of credit the Developer may provide security for the completion of the Municipal Improvements and other commitments by. the Developer as specified in this Statement of Intent and Agreement by depositing funds in an amount equal to the total amount specified in Section 3 of this Statement of Intent and Agreement (the "Improvement Security Funds "). The Improvement Security Funds to be deposited shall be held by the Village in trust to secure the completion of the Municipal Improvements and other commitments. The Village may utilize the Improvement Security Funds to pay for the cost of 3 completing the Municipal Improvements and other commitments by Developer, if Developer fails to complete such improvements and fulfill its other commitments in a timely manner or in a manner that is satisfactory to the Village, provided that the Village shall not utilize any Improvement Security Funds without first giving Developer, seven days written notice. Such notice, and any other notice required to be given to Developer pursuant to a letter of credit, shall be deemed given when received by Developer or if sent by certified mail, return receipt requested, on the date the notice is deposited in the U.S. Mail in an envelope addressed to Developer at the address set forth at the beginning of this Statement of Intent and Agreement. The Developer expressly agrees, understands and acknowledges that the Village and its officials shall be under no obligation to issue building or occupancy permits for the Subdivision if the Developer has not furnished the letters of credit or deposited the Improvement Security Funds as required by the provisions of this Section 7. 8. CONSTRUCTION SCHEDULE: The construction of the Municipal Improvements described in this Statement of Intent and Agreement and the Supporting Documents described in Section 2 of this Statement of Intent and Agreement shall be scheduled in an orderly fashion. All components of the Municipal Improvements for the Subdivision shall be completed within 18 months after the date the Final Plat is recorded. The Developer acknowledges and agrees that the Village may refuse to issue building permits and occupancy permits for lots within the Subdivision if the Municipal Improvements are not constructed and installed as shown on the Final Plat and as provided for in the Supporting Documents, including but not limited to this Statement of Intent and Agreement. The Village may refuse to issue an occupancy permit for a dwelling unit constructed on a lot within the Subdivision if the Village reasonably determines that the Municipal Improvements required to service such lot and dwelling unit have not been installed. 9. EASEMENTS AND PERMITS: Developer shall be responsible for obtaining any off -site easements and permits as may be necessary to provide access for public utilities. 10. ENVIRONMENTAL PROTECTION AGENCY PERMITS: Developer acknowledges that prior to construction of any new sanitary sewer and water lines that will service the Subdivision, it may be required to receive permits from the Illinois Environmental Protection Agency. The approval of the Subdivision does not constitute any representation or assurance by the Village that such permits, if required, can be obtained from the Illinois Environmental Protection Agency. 11. EROSION CONTROL AND SOIL CONSERVATION: 4 During construction, the Developer shall take such measures to provide for erosion control and soil conservation as may be reasonably required by the Watershed Development Ordinance. 12. TREE PRESERVATION: Developer shall protect and preserve the mature spruce trees located within the Common Area of the Subdivision and which are marked for preservation in accordance with the 1 -9 -03 letter from Rick Johnstone to Chairman Benton and the Deerfield Plan Commission and the Existing Conditions plan by the Project Engineer dated 12- 26 -02. Developer shall further preserve the existing perimeter landscaping, on the subject property in accordance with said letter and the Existing Conditions plan dated 12- 26 -02. Prior to the issuance of a building permit for any lot within the Subdivision that includes perimeter landscaping to be preserved, the Developer shall submit to the Village a landscape preservation plan for such purposes. 13. INTERPRETATION: This Statement of Intent and Agreement is intended to implement the provisions of the Supporting Documents and the Ordinances of the Village of Deerfield, but shall not be construed as an exception or variance to the Supporting Documents or the Ordinances of the Village of Deerfield unless expressly listed in Section 5 of this Agreement. To the extent that there is a conflict between the provisions of this Statement of Intent and Agreement and the Supporting Document, the provisions of this Statement of Intent and Agreement shall govern and control. 14. BINDING EFFECT: The conditions and agreements made hereby by the Developer are binding upon the Developer, its successors, assigns and grantees. OUR GANG, INC., Developer: Y• Name: Title: Rte' ATTEST: I ML. - Village Clerk 5224154 STATE OF ILLINOIS ) FILED FOR RECORD BY: MARY ELLEN VANDERVENTER COUNTIES OF LAKE AND COOK ) SS LAME COUNTY' IL RECORDER 05/09/2003 - 11:21:09 A.M. RECEIPT s: 86003 VILLAGE OF DEERFIELD DRAWER *: 29 The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance No. 0 -03 -19 entitled "An Ordinance Approving a Final Plat of Subdivision for Johnstone's Deep Dene Resubdivision" as appears in the records and files of the office of the Village Clerk. Dated this April 22, 2003 SEAL ROB T D. FRANZ, Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 5224150 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-19 AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION FOR JOHNSTONE'S DEEP DENE RESUBDIVISION Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 22nd day of April , 2003. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of April , 2003. 5224150 , VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-19 AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION FOR JOHNSTONE'S DEEP DENE RESUBDIVISION WHEREAS, the Board of Trustees of the Village of Deerfield has previously approved a preliminary plat of subdivision for the proposed Deep Dene Resubdivision; and, WHEREAS, the Plan Commission of the Village of Deerfield has determined that the final plat of subdivision for the proposed Deep Dene Resubdivision is in substantial conformance with the preliminary plat of subdivision previously approved and has submitted its recommendation to the Board of Trustees of the Village of Deerfield that the request for approval of the final plat of subdivision for the proposed Deep Dene Resubdivision be approved; BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the corporate authorities of the Village of Deerfield. do hereby approve the final plat of subdivision for Johnstone's Deep Dene subdivision, being a resubdivision of part of Lot 7 in Gooders Second Addition to the Village of Deerfield in Section 32, Township 43 North, Range 12, East of the Third Principal Meridian, in Lake County, Illinois, including variations from the strict requirements of the Deerfield Subdivision Code as follows: (i) to allow a private street with a rural profile and a reduced width, as shown more particularly on the approved engineering plans for the subdivision, in lieu of the required 28 -foot wide public 5224150 3 street with curb and gutter in a 60 -foot wide dedicated public right -of -way, with a terminus (bulb) of the cul -de -sac in a 100 -foot diameter right -of -way; (ii) to waive the requirement for public sidewalks in the subdivision; and (iii) to waive the requirement for street lights in the subdivision. SECTION 2: Pursuant to Section 9.106 of the Village of Deerfield Subdivision Code, the corporate authorities of the Village of Deerfield do hereby approve the Statement of Intent and Agreement for Johnstone's Deep Dene Subdivision, a copy of which is attached hereto as Exhibit A. SECTION 3: The President and Village Clerk of the Village of Deerfield are hereby authorized and directed to execute the Statement of Intent and Agreement for Johnstone's Deep Dene Subdivision on behalf of the Village of Deerfield. SECTION 4: The President and Village Clerk of the Village of Deerfield are hereby authorized and directed to execute the final plat of subdivision of Johnstone's Deep Dene Subdivision on behalf of the Village of Deerfield, after the Statement of Intent and Agreement for the Deep Dene Subdivision has been executed by Our Gang, Inc., the developer of the subject property. SECTION 5: That the Village Clerk is hereby authorized and directed to cause said plat of subdivision and the Statement of Intent and Agreement for said subdivision to be recorded, at developer's expense, in the office of the Lake County Recorder of Deeds. SECTION 6: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current, or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the 2 5224150 y intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 7: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 21st day of Apr ii , 2003. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT: None ABSTAIN: None APPROVED this ATTEST: 4el2bL 4 n&, Village Clerk 3 5224150 J FAI, 6Ac Pr 00 STATEMENT OF INTENT AND AGREEMENT FOR THE JOHNSTONE'S DEEP DENE SUBDIVISION The following is a binding Statement of Intent and Agreement dated this C9 % t day of ®-JPrri , 2003 between Our Gang, Inc. ( "Developer ") and the Village of Deerfield, an Illinois home rule municipal corporation (the "Village ") concerning requirements for the development of a subdivision known as the Johnstone's Deep Dene Subdivision (the "Subdivision "). 1. SUPPORTING DOCUMENTS: (a) The final plat of subdivision for the Johnstone's Deep Dene Subdivision prepared by R.E. Decker P.C. dated February 12, 2003, (the "Final Plat"). (b) The final engineering drawings and specifications (the "Engineering. Plans ") .prepared by The Daniel Creaney Company (the "Project Engineer ") dated March 13, 2003. (c) Declaration of Covenants, Conditions, Easements and Restrictions for Deep Dene Homeowners Association. 2. APPROVAL OF FINAL PLAT: The Village approves the Final Plat subject to compliance with each of the following conditions, all of which must be satisfied prior to the execution of the Final Plat on behalf of the Village: (a) Payment to the Village of engineering review fees in the amount of $5,400.00. (b) Execution of this Agreement. 3. . ESTIMATE OF COST OF MUNICIPAL IMPROVEMENTS: The Project Engineer has provided an estimate of the cost of constructing the following improvements (the "Municipal Improvements ") in accordance with the Engineering Plans for the development of the Subdivision, which is hereby approved: Municipal Improvement Estimated Cost Sanitary Sewer Improvements $ 21,270.00 Demolition $ 10,000.00 Earthwork $ 15,000.00 Water Main Improvements $ 22,950.00 Storm Sewers/Drainage $ .45,480.00 Driveway $ 11,524.00 Contingency 10% % $ 12,622.00 5224150 Total $ 138,846.00 110% to determine Letter of Credit $ 13.884.00 TOTAL $ 152,800.00 Developer shall furnish and maintain an irrevocable letter of credit, or.other good and sufficient security as approved in writing by the Village, securing the proper construction and completion of the Municipal Improvements in the Subdivision in an amount not less than 110% of the estimated cost of the Municipal Improvements, all as more fully set forth in Section 7 of this Statement of Intent and Agreement. 4. AMENDMENTS: All amendments to this Statement of Intent and Agreement shall be in writing and approved by the Village and Developer. The Village Ordinance provisions in effect at the time of the request for an amendment shall apply. 5. COMPLIANCE WITH APPLICABLE ORDINANCES, LAWS, REGULATIONS AND RULES; VAARIATIONS: Except as expressly provided herein, Developer shall comply with any and all applicable ordinances, laws, regulations and rules of the Village and any. other governmental body that has jurisdiction over the Subdivision. The following variations from the . strict provisions of the Subdivision Code of the Village of Deerfield are granted: (a) to allow a private street with a rural profile and a_ reduced width pavement, as shown more particularly on the approved Engineering Plans, in lieu of the required 28 -foot wide public street with curb and gutter in a 60 -foot wide dedicated public right -of -way, with a terminus (bulb) of the cul -de -sac in a 100 - foot diameter'right -of -way; (b) to waive the requirement for public sidewalks in the subdivision; and (c) to waive the.requirement for street lights in the subdivision. No construction work shall be performed relating to the development of the Subdivision and no dwelling unit in the Subdivision shall be occupied unless and until all required permits are obtained from the governmental bodies having jurisdiction over the Subdivision. 6. CONDITIONS WHICH MUST BE MET PRIOR TO THE ISSUANCE OF . A BUILDING PERMIT: The Developer must comply with each of the following before a building permit is issued for any construction on a lot within the Subdivision: 2 5224150 (a) The Final Plat must be recorded. (b) -,To the extent that modifications to the Engineering Plans are submitted by the Developer, or are otherwise required for compliance with the Deerfield Subdivision Code, Developer shall submit such modifications for review by the Village Engineer and shall pay all Village review fees associated therewith. (c) Developer shall provide a schedule for the orderly construction of the Municipal Improvements. 7. SECURITY FOR COMPLETION OF MUNICIPAL IMPROVEMENTS: To guarantee the completion of Municipal Improvements, and other commitments by the Developer as specified in this Statement of Intent and Agreement, the Developer shall provide to the Village financing surety by means of a letter of credit in a total amount of not less than $152,800. The letter of credit for the Subdivision shall be provided to the Village prior to the recording of the Final Plat and shall be in a form approved in writing by the Village's attorney. The letter of credit shall be issued by a bank having an office located within Cook, McHenry, Lake, DuPage or Kane Counties, Illinois where draws can be made on the letter of credit. The bank issuing the letter of credit shall be subject to the approval of the Village and the Village may refuse to accept any letter of credit issued by a bank that has not been previously approved in writing by the Village. As each component of the Municipal Improvements is accepted, the Developer may request that the Village reduce the amount of the letter of credit. If 60 days prior to the expiration of the letter of credit, the Developer has not extended the letter of credit or any extension of the letter of credit, for a period of not less than one year, that failure to extend shall be deemed to be a default on the part of the Developer under the provisions of this Statement of Intent and Agreement and the Village shall have the right to refuse to issue any additional building permits or occupancy permits within the Subdivision. The Village shall have the right to refuse to accept the renewal of a letter of credit which expires any time 18 months after the date of this Statement of Intent and Agreement if the Municipal Improvements provided for in Section 3 of this Statement of Intent and Agreement have not been accepted. In. lieu of providing a letter of credit the Developer may provide security for the completion of the Municipal Improvements and other commitments by the Developer as specified in this Statement of Intent and Agreement by depositing funds in an amount equal to the total amount specified in Section 3 of this Statement of Intent and Agreement (the "Improvement Security Funds "). The Improvement Security Funds to be deposited shall be held by the Village in trust to secure the completion of the Municipal Improvements and other commitments. The Village may utilize the Improvement Security Funds to pay for the cost of 0 5224150 9 completing the Municipal Improvements and other commitments by Developer, if Developer fails to complete such improvements and fulfill its other commitments in a timely manner or in a manner that is satisfactory to the Village, provided that the Village shall not utilize any Improvement Security Funds without first giving Developer, seven days written notice. Such notice, and any other notice required to be given to Developer pursuant to a letter of credit, shall be deemed given when received by Developer or if sent by certified mail, return receipt requested, on the date the notice is deposited in the U.S. Mail in an envelope addressed to Developer at the address set forth at the beginning of this Statement of Intent and Agreement. The Developer expressly agrees, understands and acknowledges that the Village and its officials shall be under no obligation to issue building or occupancy permits for the Subdivision if the Developer has not furnished the letters of credit or deposited the Improvement Security Funds as required by the provisions of this Section 7. 8. CONSTRUCTION SCHEDULE: The construction . of the Municipal Improvements described in this Statement of Intent and Agreement and the Supporting Documents described in Section 2 of this Statement of Intent and Agreement shall be scheduled in an orderly fashion. All components of the Municipal Improvements for the Subdivision shall be completed within 18 months after the date the Final Plat is recorded. The Developer acknowledges and agrees that the Village may refuse to issue building permits and occupancy permits for lots within the Subdivision if the Municipal Improvements are not constructed and installed as shown on the Final Plat and as provided for in the Supporting Documents, including but not limited to this Statement of Intent and Agreement. The Village may refuse to issue an occupancy permit for a dwelling unit constructed on a lot within the Subdivision if the Village reasonably determines that the Municipal Improvements required to service such lot and dwelling unit have not been installed. 9. EASEMENTS AND PERMITS: Developer shall be responsible for obtaining any off -site easements and permits as may be necessary to provide access for public utilities. 10. ENVIRONMENTAL PROTECTION AGENCY PERMITS: Developer acknowledges that prior to construction of any new sanitary sewer and water lines that will service the Subdivision, it may be required to receive permits from the Illinois Environmental Protection Agency. The approval of the Subdivision does not constitute any representation or assurance by the Village that such permits, if required, can be obtained from the Illinois Environmental Protection Agency. 11. EROSION CONTROL AND SOIL CONSERVATION: 4 5224150 0( . During construction, the Developer shall take such measures to provide for erosion control and soil conservation as may be reasonably required by the Watershed Development Ordinance. 12. TREE PRESERVATION: Developer shall protect and preserve the mature spruce trees located within the Common Area of the Subdivision and which are marked for preservation in accordance with the 1 -9 -03 letter from Rick Johnstone to Chairman Benton and the Deerfield Plan Commission and the Existing Conditions plan by the Project Engineer dated 12- 26 -02. Developer shall further preserve the existing perimeter landscaping on the subject property in accordance with said letter and the Existing Conditions plan dated 12- 26 -02. Prior to the. issuance of a building permit for any lot within the Subdivision that includes perimeter landscaping to be preserved, the Developer shall submit to the Village a landscape preservation plan for such purposes. 13. INTERPRETATION: This Statement of Intent and Agreement is intended to implement the provisions of the Supporting Documents and the Ordinances of the Village of Deerfield, but shall not be construed as an exception or variance to the Supporting Documents or the Ordinances of the Village of Deerfield unless expressly listed in Section 5 of this Agreement. To the extent that there is a conflict between the provisions of this Statement of Intent and Agreement and the Supporting Document, the provisions of this Statement of Intent and Agreement shall govern and control. 14. BINDING EFFECT: The conditions and agreements made hereby by the Developer are binding upon the Developer, its successors, assigns and grantees. OUR GANG, INC., Developer: B y. Name: Title: ((2 -mss '9 Gtr 7 ATTEST: -, "�- �'M � - M.;r -, - M�- Ivy - 01 1 Village Clerk 5224150 1()