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HomeMy WebLinkAboutResolution #3262 RESOLUTION N0. ~~ A RESOLUTION APPROVING A MEMORANDUM OF AGREEMErTT AND UNDERSTANDING BETWEF,N THE CITY OF CANTON AND PREMIERE DEVEIAPMENT & CONSTRUCTION, INC. WHEREAS, Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton that the attached Memordandum of Agreement and Understanding for the development fora subdivision to be known as "Stonegate Estates" be approved and entered into by the City of Canton; and, WHEREAS, the Canton City Council has made a similar determination. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the Memorandum of Agreement and Understanding, a copy of which is attached as Exhibit A, is hereby approved by the Canton City Council and the Mayor and City Clerk are hereby directed to execute and deliver the same on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois, and approval by the Mayor thereof . PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20th day of ~, 1994, upon a roll call vote as follows: c e , AYES; Aldermen May, Bohler, Meade, Sarff, Coay. NAYS: Alderman Phillips. ABSENT: A]-dernlen Chapman, Molleck. AP~6 D: Donald E. Edwards, Mayor ATTEST: anc , y er . C MEMORANDUM OF AGREEMENT AND UNDERSTANDING This Memorandum sets forth the understanding and agreement between the City of Canton, an Illinois municipal corporation, ("City") and Premiere Development & Construction, Inc., ("Developer") of 702 River Valley Plaza, Peoria Illinois 61602 concerning a development proposal for a subdivision to be known as "Stonegate Estates": The City and Developer agree that there is adequate and sufficient consideration for this agreement and understanding. The parties agree: 1. That the provisions of the Canton City Code pertaining to subdivisions (Title 11) generally shall apply to the proposed development whether set forth in this agreement or not. 2. All required improvements must be in place before the final plat may be approved for the first four lots. Code Section 11-3-15 shall be applicable. 3. A preliminary plat has been received and is attached as Exhibit A to this Memorandum. Subparagraphs (A) and (B) of Code Section 11-3-11 are to be complied with. Subparagraph (C) of Section 11-3-11 is interpreted to mean that Developer shall obtain construction permits from the City Engineer and proceed with construction of improvements after satisfying the requirements of subparagraph (C) 1 by paying estimated inspection costs and further after also complying with subparagraphs 2 (bond); 3 (deposit of cash or security); or 4 (escrow). Further Developer must provide quantity and cost estimates for the proposed project. 4. Code Section 11-3-14 must be strictly complied with. Developer must pay all inspection costs. The City will estimate the costs for Developer. The City will hire a competent professional engineer as an inspector for the development at the expense of Developer. 5. Developer shall provide engineering drawings that will show how both ends of the proposed temporary street improvement will smoothly transition into the existing street. Particular attention should be directed to the west end of the proposed temporary street improvements where it will join with the existing curb and gutter. 6. It is agreed that the maximum cross slope of the temporary street surf ace should be 1/4 inch per foot. ,~ 7. The proposed curb and gutter should be founded on well compacted (100% of standard laboratory density) pit-run sand or gravel to insure that the proposed curb and gutter will not settle. 8. The base course widening should be shown as being 6 feet wide. 9. The Developer will construct the sanitary sewer extension as shown on Exhibit A and obtain the necessary permit from the Illinois Environmental Protection Agency. If a permit cannot be obtained from IEPA for this extension, then the developer will construct the sewer extension when it is required and pay for the repair of the street. 10. Should interpretation be needed or should questions arise, the same shall be submitted to the Engineer for the City. The parties have signed this Memorandum at Canton, Illinois on this day of 1994. city: Premiere Development & Construction, Inc. By: Authorized Signator