Loading...
O-06-17VILLAGE .OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -17 AN ORDINANCE APPROVING A PLANNED RESIDENTIAL DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION OF THE PROPERTY COMMONLY KNOWN AS 118 WILLOW AVENUE AND 119 FAIRVIEW AVENUE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day. of April , 200 §0 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this day of , 200:6. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -17 AN ORDINANCE APPROVING A PLANNED RESIDENTIAL DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION OF THE PROPERTY COMMONLY KNOWN AS 118 WILLOW AVENUE AND 119 FAIRVIEW AVENUE WHEREAS, the owner of the property legally described on Exhibit A attached hereto and made a part hereof (the "Subject Property") have applied for approval of a four (4) lot plat of subdivision (the "Burr Oak Subdivision ") of the Subject Property as a Planned Residential Development Special Use in the R -1 Single - Family Residence District pursuant to the provisions of Article 12.03 of the Zoning Ordinance of the. Village of Deerfield and for variations from the Subdivision Code to allow the cul -de -sac terminus (bulb) to be 68 feet in diameter in lieu of the required the minimum diameter of 100 feet and to waive the requirement for sidewalks on both sides of the new cul -de -sac; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on August 11 and September 22, 2005, to consider a preliminary plat of subdivision of the Subject Property as a Planned Residential Development Special Use in the R -1 Single - Family Residence District, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the Zoning Ordinance and the Subdivision Code of the Village of Deerfield; and, WHEREAS, the Plan Commission, after considering the proposed Plat of Subdivision and the evidence and supporting materials offered at said hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation that the requested. Planned Residential Development Special Use be authorized pursuant to Article 12.03 of the Zoning Ordinance of the Village of Deerfield to allow a four (4) lot resubdivision of the Subject Property as a Planned Residential Development Special Use in the R -1 Single - Family Residence District, to authorize the cul -de -sac terminus (bulb) to be 68 feet in diameter in lieu of the required minimum diameter of 100 feet, and to waive the requirement for sidewalks on the new cul -de -sac; and, WHEREAS, the President and Board of Trustees determined that substantial evidence supporting the Plan Commission recommendation was adduced at said public hearing, that the proposed Planned Residential Development Special Use of the Subject Property fully complies with the requirements and standards set forth in Article 12.03 of the Zoning Ordinance of the Village of Deerfield; and that provisions and standards of the Subdivision Code of the Village of Deerfield should be varied as provided herein to allow a 68 -foot wide diameter right -of -way for the terminus (bulb) of the cul -de -sac in the proposed subdivision, and to waive the requirement for sidewalks along the cul -de -sac; and, WHEREAS, the owner of the Subject Property has now presented a final plat of subdivision of the Subject Property for approval as a Planned Residential Development Special Use, including final engineering plans as required by the Subdivision Code of the Village of Deerfield; and, WHEREAS, the owner of the Subject Property has agreed in a certain Statement of Intent and Agreement for the Burr Oak Subdivision attached hereto as Exhibit B hereof to comply with the requirements of the Subdivision Code and the ordinances of the Village of Deerfield as required by Section 9.106 of the Subdivision Code of the Village of Deerfield; and, -2- WHEREAS, the Plan Commission has submitted its report finding that said final plat of subdivision is in the substantial conformance with the preliminary plat of subdivision heretofore approved and recommending that said final plat should be approved as a Planned Residential Development Special Use of the Subject Property in the R -1 Single - Family Residence District; NOW, THEREFORE,. 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 final plat of the Burr Oak Subdivision be and the same is hereby approved as a Planned Residential Development Special Use of the Subject Property in the R -1 Single - Family Residence District pursuant to the provisions of Article 12.03 of the Zoning Ordinance of the Village of Deerfield, subject to the conditions and restrictions hereinafter set forth. SECTION 2: That the corporate authorities of the Village of Deerfield do hereby further approve the Statement of Intent and Agreement for the Burr Oak Subdivision, a copy of which is attached hereto as Exhibit B hereof, and the Village President and Village Clerk are hereby authorized and directed to execute said Statement of Intent and Agreement for and on behalf of the Village. Except as otherwise provided in this ordinance or in said Statement of Intent and Agreement, the owner shall comply with all the requirements of the Municipal Code, the Subdivision Code and the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the approval and authorization of said Planned Residential Development Special Use is granted subject to the following conditions, regulations and restrictions: (i) The minimum north side yard setback of Lot 2 in the Burr Oak Subdivision shall be 20 feet. -3- (ii) The minimum south side yard setback of Lot 2 in the Burr Oak Subdivision shall be 15 feet. (iii) . The minimum north side yard setback of L_ of 3 in the Burr Oak Subdivision shall be 20 feet. (iv) The minimum south side yard setback of Lot 3 in the Burr Oak Subdivision shall be 15 feet. (v) The minimum rear yard setback for Lots 2 and 3 of the Burr Oak Subdivision shall be 35 feet. (vi) The floor area ratio (FAR) of Lots 2 and 3 of the Burr Oak Subdivision shall be calculated by excluding 1,200 square feet from the area of each of said lots so that variation granted permitting a reduction in the required minimum size of the cul -de- sac terminus for said subdivision shall not also increase the allowable FAR of said lots. (vii) The occupancy of any residence constructed on Lot 2 of the Burr Oak Subdivision shall be conditioned upon the completion of the tree plantings in accordance with the conceptual tree plan set forth in the Statement of Intent and Agreement to buffer the property at 134 Burr Oak Court and 1236 Gordon Terrace. The tree preservation plan submitted with the building permit for such residence shall be in substantial conformance with said conceptual tree plan. (viii) The occupancy of any residence constructed on Lot 3 of the Burr Oak Subdivision shall be conditioned upon the completion of the tree plantings in accordance with the conceptual tree plan set forth in the Statement of Intent and Agreement to buffer the property at 129 Burr Oak Court and 1220 Gordon Terrace. The tree preservation plan submitted with the building permit for such residence shall be in substantial conformance with said conceptual tree plan. SECTION 4: 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 intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance -4- should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 5: 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 17th day of April , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 17th da ATTEST: Village Clerk -5- STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 5987823 I {iilill tiiii �Ilili II Iliill iiitl 11!11 HE 1111 FILED FOR RECORD BY: MARY ELLEN VANDERVENTER LAKE COUNTY s IL RECORDER 05/04/2006 - 12:32:53 P.D. RECEIPT T: 283819 DRAWER `.: 30 The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance 0 -06 -17 Approving a Planned Residential Development Special Use to Permit a Resubdivision of the Property Commonly Known as 118 Willow Avenue and 119 Fairview Avenue Dated this MU 3, 2006 SEAL JE R&IFER L. AVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan. Road Deerfield, IL 60015 IS r t� VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 06 -17. AN ORDINANCE APPROVING A PLANNED RESIDENTIAL DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION OF THE PROPERTY COMMONLY KNOWN AS 118 WILLOW AVENUE AND 119 FAIRVIEW AVENUE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day.of. . -April, , 200 Published in pamphlet form by authority of the President an.d.Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this day of , 200 6. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 =06 -17 AN ORDINANCE APPROVING A PLANNED RESIDENTIAL. DEVELOPMENT SPECIAL USE-TO PERMIT A RESUBDIVISION OF THE PROPERTY COMMONLY KNOWN AS 118 WILLOW AVENUE AND 119_. FAIRVIEW AVENUE WHEREAS, the owner of the property legally described on Exhibit A attached hereto and made a part. hereof (the "Subject Property). have applied for approval of a four (4) lot plat of subdivision (the "Bun Oak Subdivision ") of the Subject Property as a Planned Residential. Development Special Use in the R -1 Single- Family Residence District pursuant to the provisions of Article 12.03 of the Zoning Ordinance of the- Village of Deerfield and for variations from the Subdivision Code to allow the cul -de -sac terminus (bulb) to be 68 feet in diameter in lieu of the required the minimum diameter of 100 feet and to waive the requirement for sidewalks on both sides of the new cul -de -sac;. and, WHEREAS, the Plan Commission. of the Village of Deerfield held a public hearing- on August 11 and September 22, 2005,: to consider a preliminary plat of subdivision of the Subject Property as a Planned Residential Development Special Use in the R -1 Single - Family Residence. . District, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the. Zoning Ordinance and the Subdivision Code of the Village of Deerfield; and, WHEREAS, the Plan Commission, after considering the proposed Plat of Subdivision and the evidence and supporting materials offered at said hearing, filed its. report with the President and I I :Board. of Trustees containing its -written findings of fact and recommendation that the requested. Planned Residential Development Special Use be authorized pursuant to Article 12.03 of the Zoning Ordinance of the Village of Deerfield to allow a four (4) lot resubdivision of the Subject Property as a Planned Residential Development .Special Use in the R -1 Single - Family Residence District, to authorize the cul -de -sac terminus (bulb) to be 68 feet in diameter in lieu of the required minimum diameter of 160 feet, and to waive the requirement for sidewalks on the new cul -de -sac; and, WHEREAS, the President and Board of Trustees determined that substantial evidence supporting the Plan Commission recommendation was adduced .at .said public hearing, that the proposed Planned Residential Development Special.Use of the Subject Property fully complies with the requirements and standards set forth in Article 12.03 of the Zoning Ordinance of the Village of Deerfield; and that provisions and, standards of the Subdivision Code of the Village of Deerfield should be varied as provided herein to allow a 68 -foot wide diameter right -of -way for the terminus (bulb) of the cul -de -sac in the proposed subdivision, and to waive the requirement for sidewalks along the cul -de -sac; and, WHEREAS, the owner of the Subject Property has now presented a final plat of subdivision of the Subject Property for approval as a Planned Residential Development Special Use, including final engineering plans as required by the Subdivision Code of the Village of Deerfield; .and; WHEREAS, the owner of the Subject Property has agreed in a certain. Statement of Intent and Agreement . for the Burr Oak Subdivision attached hereto as Exhibit B hereof to comply with the requirements of the Subdivision Code and the ordinances of the Village of Deerfield as required by Section 9.106 of the Subdivision Code of the Village of Deerfield; and, WHEREAS, the Plan Commission has submitted its report finding that said final plat of subdivision is in the substantial conformance with the preliminary plat of subdivision heretofore approved and recommending that said final plat should be approved as a Planned Residential Development Special Use of the Subject Property in the R -1 Single - Family Residence District; NOW, THEREFORE,. 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 final plat of the Burr Oak Subdivision be and the same is hereby approved as a Planned Residential Development. Special Use of the Subject Property in the R -1 Single- Family. Residence District pursuant to the provisions of Article 12.03 of the Zoning Ordinance of the Village of Deerfield, subject to the conditions and restrictions hereinafter set forth.. SECTION 2: That the corporate authorities of the Village of Deerfield do hereby further approve the Statement of Intent and Agreement for the Burr Oak Subdivision, a copy of which is attached hereto as Exhibit B hereof, and the Village President and Village Clerk are hereby authorized and directed to execute said Statement of Intent and Agreement for and on behalf of the . Village. Except as otherwise provided in this ordinance or .in said Statement of Intent and Agreement, the owner shall comply with all the requirements of the Municipal Code, the Subdivision Code and the Zoning. Ordinance of the Village of Deerfield. SECTION 3: That the approval and authorization of said Planned Residential Development Special Use is granted subject to the following. conditions, regulations and restrictions: (i) The minimum north side yard setback of Lot 2 in.the Burr Oak Subdivision shall be 20 feet. -3- 6 The minimum south side yard setback of Lot 2 in the Burr Oak Subdivision shall be 15 feet. The minimum north side yard setback of Lot 3 in the Burr Oak Subdivision shall be 20 feet. (iv) The rninimum south side yard setback of Lot 3 in the Burr Oak Subdivision shall be 15 feet. (v) The minimum rear yard setback for Lots 2 and 3 of the Burr Oak Subdivision shall be 35 feet. (vi) The floor area ratio (FAR) of Lots 2 and 3 of the Burr Oak Subdivision shall be calculated by excluding 1,200 square feet from. the area of each of said lots so that variation granted permitting a reduction in the required minimum size of the cul -de- sac terminus for said subdivision shall not also increase the allowable FAR of said lots. (vii) The occupancy of any residence constructed on Lot 2 of the Burr Oak Subdivision shall be conditioned upon the completion of the tree plantings in accordance with the conceptual tree plan set forth in the Statement of Intent and Agreement to buffer the property at 134 Burr Oak Court and 1236 Gordon Terrace. The tree preservation plan submitted with the building permit .for such residence shall be in substantial conformance. with said. conceptual tree plan. (viii) The occupancy of any residence constructed on Lot 3 of the Burr Oak Subdivision shall be conditioned upon the completion of the tree plantings in accordance with the conceptual tree plan set forth in the Statement of Intent and Agreement to buffer the property at 129 Burr Oak Court and 1220 Gordon Terrace. The tree preservation plan submitted with the building permit for such residence shall. be in substantial conformance with said conceptual tree plan. SECTION 4: 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 intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance -4- should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 5: 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 17th day of April , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6). NAYS: None (0) ABSENT: None. (0) ABSTAIN: None (0) i APPROVED this 17th day of April I X2006. j Z9, Vi l e Pr `siWnt ATTEST: '1 . Village Clerk E -5- EXHIBIT A 119 Fairview Avenue: LOT 27 IN THE SUBDIVISION OF J.S. HOVLAND'S FIRST ADDITION TO DEERFIELD, A SUBDIVISION OF THE SOUTHWEST QUARTER (EXCEPT THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER THEREOF) OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPLE MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER, 7 1924 AS DOCUMENT 248380, IN BOOK "N" OF PLATS, PAGE 56, IN LAKE COUNTY, ILLINOIS. 118 Willow Avenue: LOT 14 IN THE SUBDIVISION OF J.S. HOVLAND'S FIRST ADDITION TO DEERFIELD, A SUBDIVISION OF THE SOUTHWEST QUARTER (EXCEPT THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER THEREOF) OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPLE MERIDIAN, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED NOVEMBER 7, 1924 AS DOCUMENT 248380 IN BOOK "N" OF PLATS, PAGE 56, IN tAKE COUNTY, ILLINOIS. Exhibit B STATEMENT OF INTENT AND AGREEMENT FOR THE BURR OAK RESUBDIVISION (118 Willow Ave. and 119 Fairview Ave.) Th following is a binding Statement of Intent and Agreement dated this 1 % day of he�j I , 2006 between ML Realty, Inc., being the proposed owner and developer of the Subject Property ( "Owner and Developer "), and the Village of Deerfield, an Illinois municipal corporation (the "Village "), concerning requirements for the subdivision and development of the property known as the Burr Oak Subdivision (hereafter referred to as the "Subdivision" or "Subject Property") located at 118 Willow Avenue and 119 Fairview Avenue in Deerfield, Illinois and legally described on the Final Plat incorporated herein. 1. SUPPORTING DOCUMENTS: (a) The final plat of resubdivision for the Burr Oak Subdivision prepared by Daniel Creaney Company, dated January 23, 2006, (the "Final Plat "). (b) The final engineering drawings and specifications (the "Engineering Plans ") prepared by Daniel Creaney Company (the "Project Engineer ") dated January 3, 2006, including, but not limited to the following: (i) Preliminary Engineering Plan dated 4- 04 -05, and revised 7- 27 -05, 9 -12- 05, and 9- 27 -05; (ii) Conceptual Tree Removal Plan dated 4- 04 -05, and revised 7- 27 -05, 9 -12- 05, 9- 27 -05, and 12- 27 -05; (iii) Conceptual Tree Preservation Plan dated 4- 04 -05, and revised 7- 27 -05, 9- 12-05, 9- 27 -05, and 12- 27 -05. (iv) Final Engineering Plans and Final Plat of Subdivision dated 1 -23 -06 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 $7,740.23. (b) Execution of this Agreement. (c) Compliance with the requirements 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 estimate is hereby approved: Municipal Improvement Estimated Cost Sanitary Sewer Improvements $20,050.00 Earthwork $58,710.00 Water Main Improvements $19,300.00 Storm Sewers/Drainage $66,321.00 Street Improvements $23,212.00 Erosion Control $8,813.00 Contingency & Engineering $49,101.50 TOTAL $245,507.50 Owners and Developers 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 Owners and Developers. 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; VARIATIONS: Except as expressly provided herein, Owners and Developers 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 68 foot wide diameter right -of -way for the terminus of the cul -de -sac in lieu of the required 100 foot diameter right -of -way. (b) to waive the requirement for public sidewalks 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. 2 1C) 6. CONDITIONS WHICH MUST BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: The Owners and Developers must comply with each of the following before a building permit is issued for any construction on a lot within the Subdivision: (a) The Final Plat must be recorded. (b) To the extent that modifications to the Engineering Plans are submitted by the Owners and Developers, or are otherwise required for compliance with the Deerfield Subdivision Code, Owners and Developers shall submit such modifications for review by the Village Engineer and shall pay all Village review fees associated therewith. (c) Owners and Developers shall provide a schedule, approved by the Village Engineer, for the orderly construction of the Municipal Improvements. (d) Owners and Developers shall submit a Tree Inventory and a Tree Preservation Plan in accordance with the requirements of the Deerfield Tree Preservation Ordinance. Owners and Developers shall consider the feasibility of relocating the five (5) Norway Spruce trees within the proposed detention area as part of the Tree Preservation Plan and, to the extent economically reasonable and consistent with good forestry practices, shall include the relocation of some or all of such trees in the Final Tree Preservation Plan. (e) The structures on Lot 2 and on Lot 3 in the Subdivision shall be subject to the following additional setback restrictions: (i) The minimum north side yard setback of Lot 2 in the Burr Oak Subdivision shall be 20 feet. (ii) The minimum south side yard setback of Lot 2 in the Burr Oak Subdivision shall be 15 feet. (iii) The minimum north side yard setback of Lot 3 in the Burr Oak Subdivision shall be 20 feet. (iv) The minimum south side yard setback of Lot 3 in the Burr Oak Subdivision shall be 15 feet. (v) The minimum rear yard setback for Lots 2 and 3 of the Burr Oak Subdivision shall be 35 feet. (f) The occupancy of any residence constructed on Lot 2 of the Burr Oak Subdivision shall be conditioned upon the completion of the tree plantings in accordance with K3 the final tree plan and final tree preservation plan approved by the Village, which shall be submitted by Owner and Developer with the building permit application for the residence on Lot 2, and which shall be incorporated herein as part of the Engineering Plans required to buffer the property at 134 Burr Oak Court and 1236 Gordon Terrace. The final tree plan and final tree preservation plan submitted with the building permit for the residence on Lot 2 shall be in substantial conformance with the conceptual tree plan and the conceptual tree preservation plan incorporated herein as part of the Engineering Plans. (g) The occupancy of any residence constructed on Lot 3 of the Burr Oak Subdivision shall be conditioned upon the completion of the tree plantings in accordance with the final tree plan and final tree preservation plan approved by the Village, which shall be submitted by Owner and Developer with the building permit application for the residence on Lot 3, and which shall be incorporated herein as part of the Engineering Plans required to buffer the property at 129 Burr Oak Court and 1220 Gordon Terrace. The final tree plan and final tree preservation plan submitted with the building permit for the residence on Lot 3 shall be in substantial conformance with the conceptual tree plan and the conceptual tree preservation plan incorporated herein as part of the Engineering Plans. 7. SECURITY FOR COMPLETION OF MUNICIPAL IMPROVEMENTS: (a) To guarantee the completion of Municipal Improvements, and other commitments by the Owners and Developers as specified in this Statement of Intent and Agreement, the Owners and Developers shall provide to the Village financing surety by means of a letter of credit in a total amount of not less than $270,100.00. 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. (b) As each component of the Municipal Improvements is accepted, the Owners and Developers may request that the Village reduce the amount of the letter of credit. (c) If 60 days prior to the expiration of the letter of credit, the Owners and Developers have 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 Owners and Developers 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 4 12 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. (d) In lieu of providing a letter of credit the Owners and Developers may provide security for the completion of the Municipal Improvements and other commitments by the Owners and Developers 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 completing the Municipal Improvements and other commitments by Owners and Developers, if Owners and Developers fail 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 Owners and Developers, seven days written notice. Such notice, and any other notice required to be given to Owners and Developers pursuant to a letter of credit, shall be deemed given when received by Owners and Developers 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 Owners and Developers at the address set forth at the beginning of this Statement of Intent and Agreement. (e) The Owners and Developers expressly agree, understand and acknowledge that the Village and its officials shall be under no obligation to issue building or occupancy permits for the Subdivision if the Owners and Developers have 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 Owners and Developers acknowledge and agree 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. I 3 . , C .. 9. EASEMENTS AND PERMITS: Owners and Developers 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: Owners and Developers acknowledge that prior to construction of any new sanitary sewer and water lines that will service the Subdivision, they may be required to seek and obtain 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: During construction, the Owners and Developers shall take such measures to provide for erosion control and soil conservation as may be required under the Deerfield Watershed Development Ordinance, as amended. 12. 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 granting, authorizing or approving any exception or variance to the Supporting Documents or the to 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 Documents, the provisions of this Statement of Intent and Agreement shall govern and control. [This Space Left Blank Intentionally] 0 I �� 13. BINDING EFFECT: The conditions and agreements made hereby by the Owner and Developer shall be a covenant running with the land and shall be binding upon the Owner and Developer and upon their successors, heirs, assigns, grantees and successors in title to the Subject Property. ml David Horwitch, as President of ML ATTEST: Village Clerk 7 IS