The following certificates are exhibits A through M:
Exhibit A – Owner's certificate.
Exhibit B – Notary certificate.
Exhibit C – Surveyor's certificate.
Exhibit D – County clerk's certificate.
Exhibit E – State letter requirement.
Exhibit F – Sanitary district certificate.
Exhibit G – City engineer's certificate.
Exhibit H – Certificate as to special assessments.
Exhibit I – Plan commission certificate.
Exhibit J – City clerk's certificate.
Exhibit K – Irrevocable letter of credit.
Exhibit L – Mayor's certificate.
Exhibit M – Completion bond – undertaking in lieu of cash or irrevocable letter of credit conditioned upon specific approval by the city council. (Ord. 0-01-01, 1-15-2001)
EXHIBIT A
OWNER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
This is to certify that the undersigned is the owner of the land described in the annexed plat and has caused the same to be surveyed and subdivided, as indicated thereon, for the uses and purposes therein set forth, and does hereby acknowledge and adopt the same under the style and title thereon indicated.
The undersigned hereby dedicated for public use the lands shown on this plat for thoroughfares, streets, alleys and public services; and hereby also reserves and grants easements for public use and for the installation of various public utilities as designated and/or as stated in the utility easement provisions stated hereon.
All easements indicated as public utility easements on this plat are reserved for and granted to the City of Darien and to any entity operating under franchise from the City including, but not limited to, Illinois Bell Telephone Company, Northern Illinois Gas Company, Commonwealth Edison Company, a cable television or communications company and their successors and assigns for the perpetual right, privilege and authority to construct, reconstruct, repair, inspect, maintain and operate various transmission distribution and collection systems and all necessary lines, necessary personnel and equipment to do any of the above work. The right is also granted to cut down, trim or remove any trees, shrubs or other plants on the easement that interfere with the operation of the sewers or other utilities. No permanent buildings or trees shall be placed on said easements, but same may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforesaid uses or rights. Location of utility installations within the easement shall be subject to the approval of the City of Darien as to design and location. All installations are subject to the ordinances of the City of Darien.
Address
Dated this day of , 19 .
(Ord. 0-21-71, 11-15-1971, as amended 1-25-1975; amd. Ord. 0-05-82, 2-15-1982)
EXHIBIT B
NOTARY CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, , A Notary Public in and for said county, in the state aforesaid, do hereby certify that , personally known to me to be the same persons whose names are subscribed to the aforesaid instrument as such owners, appeared before me this day in person and acknowledged that they signed the annexed plat as their own free and voluntary act for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this day of , 19 .
Notary Public
EXHIBIT C
SURVEYOR'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
This is to certify that I, , Registered Illinois Land Surveyor No. , have surveyed and subdivided the following property:
(Insert Legal Description)
as shown by the annexed plat, which is a correct representation of said survey and subdivision. All distances are shown in feet and decimals thereof. I further certify that all regulations enacted by the Mayor and City Council of the City of Darien relative to plats and subdivisions have been complied with in preparation of this plat. I further certify that the land is within the City of Darien (or within one and one-half [1/2] miles of the corporate limits of the City of Darien) which has adopted a City Comprehensive Plan and Map and is exercising the special powers authorized by Division 12 of Article 11 of the Illinois Municipal Code as amended. I further certify that the lands shown on this plat are not situated within 500 feet of any surface drain or watercourse serving a tributary area of 640 acres or more and this plat has been reviewed by the Department of Public Works and Buildings for the purpose of determining, for the protection of persons and property, the flood hazards involved and a report thereon filed by that department with the Recorder of Deeds.
Given under my hand and seal at , Illinois, this day of 19 .
EXHIBIT D
COUNTY CLERK'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, , County Clerk of DuPage County, Illinois, do hereby certify that there are no delinquent general taxes, no unpaid forfeited taxes and no redeemable tax sales against any of the land included in the annexed plat.
Given under my hand and seal at Weaton, DuPage County, Illinois, this day of , 19 .
County Clerk
EXHIBIT E
STATE LETTER REQUIREMENT
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
To the best of our knowledge and belief the drainage of surface waters will not be changed by the construction of such subdivision or any part thereof, or, that if such surface water drainage will be changed, adequate provision has been made for collection and diversion of such surface waters into public areas or drains which the subdivider has a right to use, and that such surface waters will not be deposited on the property of adjoining land owners in such concentrations as may cause damage to the adjoining property because of the construction of the subdivision.
Dated this day of , 19 .
Engineer Owner or Attorney
EXHIBIT F
SANITARY DISTRICT CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, , do hereby certify that the required letter of credit is posted for the completion of the improvement covering sanitary sewage system and/or sewer lines and domestic water supply system and/or distribution lines under my jurisdiction based on approved engineer's plan and specifications prepared by a registered engineer.
Dated this day of , A.D. 19 .
County Superintendent of Public Works Dept.
EXHIBIT G
CITY ENGINEER'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, , City Engineer of the City of Darien, Illinois, hereby certify that the land improvements described in the annexed plat and the plans and specifications therefor meet the minimum requirements of said City and have been approved by all public authorities having jurisdiction therein.
Dated at Darien, DuPage County, Illinois, this day of , 19 .
City Engineer
EXHIBIT H
CERTIFICATE AS TO SPECIAL ASSESSMENTS
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, , City Treasurer of the City of Darien, do hereby certify that there are no delinquent or unpaid current or forfeited special assessments of any deferred installments thereof that have been apportioned against the tract of land included in the plat.
Dated at Darien, DuPage County, Illinois, this day of , 19 .
City Treasurer
EXHIBIT I
PLAN COMMISSION CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
Approved by the Plan Commission of the City of Darien, DuPage County, Illinois, this day of , 19 .
Chairman
EXHIBIT J
CITY CLERK'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, , City Clerk of the City of Darien, Illinois, hereby certify that the annexed plat was presented to and by resolution duly approved by the City Council of said City at its meeting held on , 19 , and that the required bond or other guarantee has been posted for the completion of the improvements required by the regulations of said City.
In witness whereof I have hereto set my hand and the seal of the City of Darien, Illinois, this day of , 19 .
City Clerk
(Ord. 0-21-71, 11-15-1971, as amended 1-25-1975)
EXHIBIT K
IRREVOCABLE LETTER OF CREDIT
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
Whereas, the Statutes of the State of Illinois grant to a municipal corporation the right to require that a developer constructing certain improvements within the community guarantee the construction of such improvements by a current Irrevocable Letter of Credit or cash; and
Whereas, desires to construct a residential development within the City of Darien and that said municipality is willing to accept a current Irrevocable Letter of Credit from a financial institution;
Now, Therefore, are the following representations made by the owner and/or developer to the City of Darien, as follows:
1. That is the owner and/or developer of the property legally described in Clause 2 of this undertaking, and shall hereinafter be referred to as "Owner"; and, that the City of Darien shall hereinafter be referred to as "Municipality".
2. That the Owner is the legal title holder or developer of the following described property:
(Insert legal description)
3. That the Owner shall be required to install and guarantee the installation of streets, streetlights and signals, sidewalks, storm and flood water runoff channels and basins and structures, erosion sediment control and land movement requirements, required landscaping, sanitary sewers, storm sewers, and water lines; provided, however, that with regard to sanitary sewer and/or water main installations, the Municipality will accept as adequate security a separate undertaking and irrevocable commitment, in a form acceptable to the City Attorney, naming the County of DuPage as a secured entity in addition to the Municipality. In order to guarantee that such facilities shall be installed, the Owner shall submit to the municipal engineer such specifications and estimated engineering costs as shall be required to meet with his approval. In aiding the municipal engineer in determining the amount of reasonably anticipated costs for the construction of such improvements, the Owner may submit to the engineer signed contracts for the construction of such improvements. The municipal engineer, upon determining that the design of the required improvements are in accordance with good engineering practices, shall estimate and certify an amount which shall represent one hundred ten percent (110%) of the reasonably estimated cost of completing those improvements for which the Municipality requires the posting of a completion guarantee.
4. That the Owner shall not be entitled to the issuance of Building Permits until and unless said Owner shall submit to the Municipality an irrevocable financial commitment from a bank, savings and loan or mortgage company approved by the Municipality in the amount certified by the municipal engineer.
5. That the written irrevocable financial commitment shall be furnished to the Municipality from a banking or lending institution in the form marked "Appendix A" and appended to this Agreement.
6. That the Owner guarantees the workmanship of the public improvements to be installed upon the site for a period of one (1) year after their donation to the Municipality. Upon final completion of the streets, sidewalks, street lights, sanitary sewers, storm sewers and water mains, the Owner shall execute a Bill of Sale for those items which are personal property. For a period of one (1) year after the granting of the Bill of Sale in the case of personal property and the acceptance for maintenance in the case of streets and sidewalks, all necessary repairs to such facilities shall be the responsibility of the Owner.
In Witness Whereof has hereunto set his hand and seal this day of , 20 .
Owner
Owner
Approved by the City of Darien this day of , 20 .
By:
City of Darien
(LETTERHEAD OF FINANCIAL INSTITUTION)
APPENDIX "A"
, 2000
City of Darien
1702 Plainfield Road
Darien, Illinois 60561
Gentlemen:
We hereby establish our irrevocable credit in favor of (developer) , or the municipality of the City of Darien in the amount of dollars ($ ). We understand that this irrevocable credit is to be used to construct the following improvements in the residential development known as to be constructed within the City of Darien, Illinois:
streets; streetlights and signals; sidewalks; the portion of sanitary sewers, storm sewers and water mains to become municipally owned; storm and flood water runoff channels and basins and structures, erosion, sediment control and land movement requirements; required landscaping; and common recreational facilities.
The development is legally described as follows:
(Insert legal description)
If we have not been notified by the municipality of a default by the owner and/or developer, we shall disburse the funds for labor and materials furnished by contractors in accordance with the sworn statement on order of the owner, the submission of proper lien waivers from the contractors engaged in such work and the certificate by the municipal engineer, , that such work has been properly completed; provided, however, that we shall withhold from each payment made under such sworn statement(s) or order(s) an amount equal to ten percent (10%) thereof until all improvements have been completed, except final surfacing of the streets and sidewalks, at which time the ten percent (10%) sum withheld shall be disbursed less a sum equal to one hundred twenty five percent (125%) of the cost of the final surfacing of the streets, which sum shall be finally disbursed when that work has been completed and the requirements of certification and lien waivers as has been hereinabove set out.
The required improvements shall be completed in accordance with the following schedule:
(Insert schedule)
If we receive a resolution of the corporate authorities of the City of Darien indicating that the owner and/or developer has failed to satisfactorily complete or carry on the work of the installation and construction of the required improvements, and such resolution indicates that the owner and/or developer has been notified that the municipality finds that a breach of the owner's and/or developer's obligations has occurred and have not been cured within a period of thirty (30) days, that in such case we shall make payments for materials and labor to such contractor(s) or subcontractor(s) retained by the municipality who have completed the improvements in substantial accordance with the plans and specifications of the owner and/or developer; such payments shall be made upon the certification of the municipal engineer that the work has been completed and the submission of proper waiver of liens from the contractor(s) or subcontractor(s). The amount of the payouts shall be in accordance with the retention provisions as previously set out.
The irrevocable credit established by us shall be in force for a period of ( ) years, and shall remain in effect without regard to any default in payments of sums owed us by the owner and/or developer and without regard to other claims which we may have against the owner and/or developer. Ninety (90) days prior to the expiration of this irrevocable credit we shall notify the corporate authorities of the City of Darien, by registered letter return receipt requested, of the impending expiration date. This commitment shall not terminate without such notice. If the work covered by this commitment has not been completed within the time set forth in this Agreement, the municipality may at its option continue drawing funds as otherwise provided for an additional period of one (1) year. It is recognized that the municipality is according the owner and/or developer the permission to proceed with the development project expressly upon the guarantee of the irrevocable nature of this commitment. It is further acknowledged that the consideration for this irrevocable commitment is provided by Agreements between this financial institution and the developer. The sum of this credit shall, however, be reduced in the amount of disbursements made from time to time in accordance with the terms under which this credit is extended as set out above.
Signature
(Ord. 0-01-01, 1-15-2001)
EXHIBIT L
MAYOR'S CERTIFICATE
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
Approved by the Mayor of the City of Darien, DuPage County, Illinois this day of , 19 .
Mayor
(Ord. 0-21-71, 11-15-1971, as amended 1-25-1975)
EXHIBIT M
COMPLETION BOND
UNDERTAKING IN LIEU OF CASH OR IRREVOCABLE LETTER OF
CREDIT CONDITIONED UPON SPECIFIC APPROVAL BY THE CITY
COUNCIL
(The completion bond shall be acknowledged before a notary public by the principal and surety and shall be substantially the same form.)
KNOW ALL MEN BY THESE PRESENTS, THAT: WE, s principal and as surety, are firmly bound to the City of Darien, Illinois, in the penal sum of $ , lawful money of the United States of America; for the payment of such sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, by these presents.
The condition of the above obligation is such that:
WHEREAS, has obtained, according to law and ordinances of the City of Darien, approval of the Plat of being a Subdivision of in DuPage County, Illinois, conditioned upon (a) by date, the making of certain land improvements to wit: as more fully described in plans dated and prepared by ; (b) the execution and delivery of this bond.
NOW, if the said shall well and faithfully and in good and workmanlike manner of good materials according to law and ordinances of the City of Darien and in conformity with said plans dated , construct said improvements and pay all inspection fees payable to said City by reason of such construction;
THEN THIS OBLIGATION shall be null and void; otherwise the same shall remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day , 20 .
Principal
Surety
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that , personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed the above instrument as their own free and voluntary act for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this day of , 20 .
Notary Public
(Ord. 0-01-01, 1-15-2001)