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HomeMy WebLinkAboutRESOLUTION - 2-02 - 1/8/2002 - WHYTECLIFFE SUBDIVISION/CAMBRIDGE HOMESRESOLUTION NO. 2-02 A RESOLUTION ACCEPTING A CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE; DEED OF CONVEYANCE/BILL OF SALE; MAINTENANCE BOND IN THE AMOUNT OF $110,226.70 EXPIRING MAY 1, 2004 GUARANTEEING PUBLIC IMPROVEMENTS (ROADS, WATERMAIN, SANITARY SEWER, STORM SEWER, SIDEWALK, PARKWAY AND STREET LIGHTS) AND RELEASING AN IRREVOCABLE STRAIGHT LETTER OF CREDIT NO. 941682 (ACCEPTED BY RESOLUTION NO. 21-00) FROM BANK OF AMERICA, CHICAGO IN THE AMOUNT OF $1,102,267.00 FOR WHYTECLIFFE SUBDIVISION (CAMBRIDGE HOMES). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois: Section 1: That the Mayor and Board of Trustees do hereby accept a Certificate of Approval and Initial Acceptance; Deed of Conveyance/Bill of Sale and Maintenance Bond in the amount of $110,226.70, expiring May 1, 2004 guaranteeing the maintenance of public improvements (roads, watermain, sanitary sewer, storm sewer, sidewalk, parkway and street lights) for the Whytecliffe Subdivision in accordance with engineering plans and specifications, prepared by Cowhey Gudmundson Leder, Ltd., the approved plans and specifications dated December 18, 2000. Section 2: That the Village of Elk Grove Village does hereby release Irrevocable Straight Letter of Credit No. 941682 from Bank of America, Chicago in the amount of $1,102,267.00 guaranteeing the completion of public improvements for Whytecliffe Subdivision (Cambridge Homes). Said Irrevocable Letter of Credit expired October 19, 2001. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES 6 NAYS 0 ABSENT 0 PASSED this 8th day of January, 2002. APPROVED this 8th day of January, 2002. Craig B. Johnson, Mayor ATTEST: Ann I. Walsh, Village Clerk By: Margit C. Thompson, Deputy Village Clerk LCCielease&AcceptConveyWhytecllffe.doc CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Whytecliff Subdivision y (Project Name/Phase...... etc.) Request is hereby made by Cambridge Homes, Inc. to the Village of Elk Grove Village to approve the subdivision/project described above. The following information is submitted in support of this request: (x ) Deed of Conveyance/Bill of Sale (x ) As -Built Engineering Drawings (3 -print sets/1 mylar set) (x ) Bill of Materials (material type, quantities and cost) (x ) Maintenance Guarantee (Bond, Letter of Credit ... etc.) OWNERS)/DEVELOPER(S): Cambridge Homes, Inc. ADDRESS: 800 S. Milwaukee Avenue Libertyville, IL 60048 TELEPHONE: _ - 847/362-9100 REFERENCE: Plan No. 2n�g _ Sheets _ 16 Dated 12 r /1�0o , & spec'rfications. Prepared by and approved by the Village of Elk Grove Village. �` continued...,. IMPROVEMENT DESCRIPTION: (x) Watermain and Appurtenances (x) Sidewalk (x) Sanitary Sewer and Appurtenances (x) Street Lights (x) Storm Sewer and Appurtenances (x) Parkway Trees (x) Roadway (Curb and Gutter) ( x) Ponds (Detention/Retention) ( x) Roadway (Markings) ( x) Other Lift station... etc.) CERTIFICATIONS: DESIGN ENGINEER'S CERTIFICATION To the best of my knowledge and belief, the construction of the above described improvement has been completed in accordance with the referenced approved plans and specifications. lo (Date) 41755 _ (II. P.E. No.) (Signature) Roger I@Wff A%,- DEVELOPER/OWNER CERTIFICATION FIELD INSPECTORS CERTIFICATION x"`70 f• 0, .1,".......,1 DO Q : 4755 y ' REG��O " PROFESSIONAL. ENGINEER :ty OF I hereby. certify that I (we) have regularly inspected the above described improvements during the progress of construction and that to the best of my/our knowledge and belief the work has been completed in conformance with ap roved plans and specifications. (Date) (Signature) (Title) DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, THAT r'amhridge Hmmaa (the "Developer"), located at 800 S. Milwaukee Avenue Libertwille a Corporation (corporation, partnership, individual) authorized to do business in the State of Illinois, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Sell, Transfer over, Convey and Deliver unto the Village of Elk Grove Village (the "Village"), Cook and DuPage Counties, Illinois, a municipal corporation, to and for its own use forever the following: UNDERGROUNDIMPROVEMENTS x— Watermain and Appurtenances x Sanitary Sewer and Appurtenances x Storm Sewer and Appurtenances Lift Station and Force Main Other SURFACE IMPROVEMENTS 5 Roadways (Curb & Gutter/Pavement) (Street Names) x Sidewalks -*— Parkway Trees Traffic Control/Street Signs -y_— Stormwater Retentiori/Detention Basins Other _ located in the Project known as UbIrt-PrIlff 9ijindiviginn (the "Project") as described on the "as -built" engineering plans prepared by rnwilpy riielmundRon Leder. Ltd. , located at Biesterfield and Columbia Court and dated 12/18/00 , which plans with "Bill of Materials" are incorporated by reference and made a part hereof. WHEREAS, the Developer does hereby warrant to the Village, it is the lawful owner of and has good and marketable title to the aforedesodbed improvements; that the same are free from all encumbrances; that the Developer has the right to Sell the same; and that the Developer warrants and will defend and hold harmless the Village against the lawful claims and demands of all persons with respect to the title hereby conveyed; and that the execution of this Bill of Sale/Deed of Conveyance is an authorized Act of Said Corporation, Individual or Partnership. IN WITNESS WHEREOF, the v toper has caused this instrument� to be signed and delivered this I b day of ,1k200 COR 11C, A &__UN (o 1 SEA PORATE (NAME) (DATE) (TITLE) ATTEST: "OFFIGEMLSEAL" MARA L. EHRHARDT Notary Public, State of Illinois My Commission Expires 08/24/03 DEVELOPERS)/OWNER(S) CAffieAM� `O \\p_� ®' (NAME) (DATE) VILLAGE INSPECTOR (NAME) (DATE) Y ASSISTANT V, _AGE ENGINEER: CERTIFICATION All work required for this development has been inspected and found to be completed in a satisfactory manner. All documentation for acceptance has been submitted and found to be acceptable. 12 (DATE) (TITLE) APPROVAL AND ACCEPTANCE OF GOVERNING AUTHORITY The VILLAGE OF ELK GROVE VILLAGE does hereby approve and accept for maintenance and operation the above described improvement. It is understood that the guarantee period of 24 months shall commence as of the date of Village Board acceptance. It is also understood that this approval and acceptance covers only the specific work indicated above and is subject to a final punch list being made concerning adjustment, alignment and necessary repairs of all structures, boxes, hydrants, etc. Acceptance of maintenance by the Village does not relieve the developer from the responsibility of keeping all dirt and debris due to construction operations out of both storm and sanitary sewer systems. Final acceptance of the subdivision or other general development is conditional upon completing all indicated items on the final punch list. It is the responsibility of the owner or developer to request the final punch list to be made. No refund of maintenance escrow monies will be made until all items in the final punch list have been corrected. BY: (DATE) VILLAGE OF ELK GROVE VILLAGE Bond # 6133343 . u r : a • .Y . n ITI� ,wtlall',I� 1 . .: i .r. y . r . w . !. _ �. ! • sG it r _ 13!L hlL. ��, �lP.LL_ 1_ .�lyl IJ b - _ wr / . L ,� . } ..:.i ji M! • _!:• .�• r r.lJLi • �1L41 � . 1 11 �. _ 1 _ 1 �. c . n• rr.. .L u:. .. . :.r . .n. -.q. • 1 :n• . 1 I w • r. —. . -u Sealed with our wab and dated the 4th day of December . 2001 t • .. !�l lh j .•{.L c NOW, TIi EWOM dw condition of this obligatiou is such that if the above bounded Prinaipai shall f=mdy without cost to the said, Villave of ilk [hove Yiiasa qtly defeets which may develop dating a pCrlod oft years end 4 in—omga *—Bl moatbr., begmllling h ,>�I M and ending lvtav 1.2004. under said contract provided such defects are caused by defeadve or inferior matedels or wodonanship, then this 4119atlon abali be void, otherwise it shall be and remain in fall force and effect IN WITNESS V41MOF, the said 1`411 ipal and surety bsve dniy exaouted tbis bond under seal the day and year above wduen. ATMST: DRH Cambri a Homes, Inc. l�� By: MTNMS; c B Anett Cardinale, Witness y Kimberly A. Courtney Campbell Cswy., #920, :s: (813) 281-2095 NOTARY ACKNOWLEDGEMENT State of Florida County of Hillsborough On this 4t' day of December, 2001, before me personally came Kimberly A. Waller who is personally known to me or who has produced personally known to me as identification, did say that he/she is an authorized representative of the Safeco Insurance Company of America and acknowledged to me that he/she executed the within instrument on behalf of said insurance company and was duly authorized so to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. AttG w# POGO EVES Octobw 14 2M ON S My Commission Expires: POWER S A F E C Or OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO Insurance Company PO Boz 34526 Seams, WA 98124-1526 No. 10171 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint •••+•••••+••*JAMES W. DUNN; MIRNA RAMOS; DAVID H. CARR; DENISE TAYLOR; KIMBERLY A. WALLER; ANNETT CARDINALE; Tampa, Florida•+'+••••••"•+ Its We and lawful attorney(s)-in-fact. with full outho* to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 7th day of September , 2001 apN RA PIERSON, SECRETARY MIKE MPGANPC ICK, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Arficle V, Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint Individuals as adomeys-intact or under other appropriate titles with authority to execute an behalf or Ore company fidelity and surely bonds and other documents of singlar character Issued by the company In the course of its business... On any Instrument making or evidencing such appoinknent, the signatures may be affixed by facsimile. On any Instrument conferring such authority a on any bond or undertakirng of the Company, to seal, or a facsimile thereof. may be Impressed or affixed Or in any other maser reproduced; provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'on any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (t) A copy of the power-cf-altorney appo ntme t, executed pursuant thereto, and (IO) Cedifying that said powered-atomey appointment Is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and correct and that both the By-laws, the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation Ws 4th dayof December 1 2001 F CORPORATE SEA1 R.A. PIERSON, SECRETARY S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation ef7101 PDF