HomeMy WebLinkAboutRESOLUTION - 39-02 - 8/20/2002 - RELEASE LTR CREDIT/ACCEPT CERT OF APPROVRESOLUTION NO. 39-02
A RESOLUTION RELEASING AN IRREVOCABLE STANDBY LETTER OF CREDIT NO.
1291 IN THE AMOUNT OF $240,544.93 (ACCEPTED BY RES. NO. 40-98) AND
ACCEPTING A CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE; DEED OF
CONVEYANCE/HILL OF SALE; A MAINTENANCE BOND NO. 69366868 IN THE AMOUNT
OF $24,055.00 EXPIRING AUGUST 20, 2004 GUARANTEEING PUBLIC
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage,
State of Illinois as follows:
That the Mayor and Board of Trustees do hereby
authorize the release of Irrevocable Standby Letter of Credit No. 1291
from Harris Bank, Palatine, IL in the amount of $240,544.93 accepted
by Resolution No. 40-98 and accept a Certificate of Approval and
Initial Acceptance, Deed of Conveyance/Bill of Sale, and Maintenance
Bond No. 69366868 in the amount of $24,055.00 expiring August 20, 2004
guaranteeing public improvements (roads, watermain, sanitary sewer,
storm sewer, sidewalk, parkway and street lights) at the Spruce Meadow
Subdivision as described on the " as built" engineering plans prepared
by JKL Consulting Civil Engineers Ltd., located at 834 E. Rand Road,
Suite 13, Mt. Prospect, IL 60056 and dated June 21, 1995.
Section 2. 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 20th day of August 2002.
APPROVED this 20th day of August 2002.
APPROVED
Craig B. Johnson, Mayor
ATTEST:
Ann I. Walsh
Village Clerk
AcceptConveyPublicImproveSpruceMeadow.doc
CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE
SUBDIVISION:
Spruce Meadows
(Project Name/Phase...... etc.)
Request is hereby made by (t1fN7t� NC _
to the Village of Elk Grove Village to approve the subdivision/project described above.
The following information is submitted in support of this request:
( ) Deed of Conveyance/Bill of Sale
(Y-) As -Built Engineering Drawings (3 -print sets/f m�yiar set)
( ) Bill of Materials (material type, quantities and cost) '
( ) Maintenance Guarantee (Bond, Letter of Credit...etc.)
OWNER(S)/DEVELOPER(S): UJINTEIZHAVCN INC
ADDRESS: 1.14? EIZITTM4 t( cou(2-T
gtL,1 NCoTO W �0 6 i �S IL,fib_ g -
TELEPHONE: 841 �39 4 6t50K_
REFERENCE:
Plan No. Sheets 9 _, Dated 6/21/1995 _ & specifications.
Prepared by SKL Consulting Civil Engineers, 1'td-
and approved by the Village of Elk Grove Village.
continued....
IMPROVEMENT DESCRIPTION:
W
Watermain and Appurtenances
(>6 Sidewalk
(A
Sanitary Sewer and Appurtenances
(X) Street Lights
(�)
Storm Sewer and Appurtenances
(� Parkway Trees
()()
Roadway (Curb and Gutter)
Ponds (Detention/Retention)
{ q Roadway (Markings) ( ) 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.
Z:, L
(Date)
61488
(II. P.E. No.)
I (Signature)
DEVELOPER/OWNER CERTIFICATION
FIELD INSPECTORS CERTIFICATION
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 the approved plans and specifications.
2 - 11 OI ��GrCz7fiaZ�1 ,
(Date) (Signature) (Title) �-
DEED OF CONVEYANCE/BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, THAT VJ10TE-�flAUL~�hl IMC-
"Developer"),
MC-
'Developer"), located at '220 ERA TTAtY CWUT
AWN(01CM tfe(o fis a (L-LAOO►S (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
%K Watermain and Appurtenances
X Sanitary Sewer and Appurtenances
Storm Sewer and Appurtenances
Lift Station and Force Main
Other
SURFACEIMPROVEMENTS
X Roadways (Curb & Gutter/Pavement) (Street Names)
X Sidewalks
k Parkway Trees
X Traffic Control/Street Signs
x Stormwater Retention/Detention Basins
Other
located in the Project known as Spruce Meadows
(the "Project") as described on the "as -built" engineering plans prepared by
J_KL Consulting Civil Engineers L.td, located at 834 E. Rand Road Suite 14
Mt. Prospect, IL 60056
and dated 6/21/1995 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 aforedescribed 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 Developer has caused this instrument to be signed
and delivered this I I �k day of DPw�_ , Q L.
GY�/1 =Public,
i b (NA E) (DA E) ois200
(TITLE)
ATTEST:
NOTARY
SEAL
(NAME) (DATE)
DEVELOPERS)/OWNER(S) ` 17-117101
(NAME) (DATE)
VILLAGE INSPECTOR 7J4 8--/2-z040z
(NAME) (DATE)
ASSISTANT VILLAGE 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.
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.
ODI"
Western Surety Company
GENERAL PURPOSE RIDER
TO BE ATTACHED TO and form part of Bond Number 69366868 issued by the
Surety, on behalf of Wint
_ Western Surety Company ,as
of
_ 220 E. Brittany Ct., Arlington Heights, IL 60004 , hereinafter referred
to as the Principal, and in favor of
Elk Grove
of 901 Wellington Ave., Elk Grove Village, IL 60007-3499 ,hereinafter
referred to as the Obligee, In the Sum of Twenty -Four Thousand Fifty -Five and 00/100
Dollars ($ $24,055.00 ), effective the lst day of August 2002
NOW, THEREFORE, it is agreed that Anniversary date has been changed to read: August 20,
IT IS FURTHER AGREED that all other terms and conditions of this bond shall remain unchanged.
THIS RIDER IS TO BE EFFECTIVE the 7th day of August 2002 .
SIGNED, SEALED AND DATED this 7th day of _ August 2002
Accepted By:
By
G -23174-D
Winterhaven, Inc.
(Principal)
,
By / i/(Seal)
Western Surety Company
✓fin /� _1(.S.urety)
By 1 ► 66 _QL A l M Bent Aso!_Sem (Seal)
Attorney -in -Fad
Western Surety Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota,
and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado,
Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia,
Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint
M. Bent of Sioux Falls
State of South Dakota , its regularly elected Assistant Serrel-a v
as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for
and on its behalf as Surety and as its act and deed, all of the following Gasses of documents to -wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding In any court of law or
equity, poli, ilo mnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and
fidelity, �rS1q� in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and
wa'v� difyol� or extend any bond or document executed for this Company, and to compromise and settle any and all claims or
deLR` 3'm 5ist , �,ainst said Company.
Surety'@,0r(Ait further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety
adopted at d5& in force, to -wit:
r •.
¢�on', AMP,c+policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
Cor
me.of-t ' pany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other
officerSre rpP�Irectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoin rfflffi js-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
Senior Vice President with the corporate seal affixed this 7th day of Auucust
2002
ATTEST
Assistant Secretary
STATE OF SOUTH DAKOTA I
COUNTY OF MINNEHAHA as
WEST N SURETkPOMPANY
By —
Paul T. Bruflat, fenior vice President
On this 7th day of August 2002 before me, a Notary Public, personally appeared
Paul T. Bruflat and A. Vietor
who, being by me duly swom, acknowledged that they signed the above Power of Attorney as Senior Vice President
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be
the voluntary act and deed of said Corporation.
{444444444444444444444444{
D. KRELL
SAE NOTARY PUBLIC 8^F1+t
r SOUTH DAKOTA r
My
Commission
4444444 s November
44444 { Notary Public
My Commission Expires November 30, 2006
Form 672-4-2002
NDI
Western Surety Company
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 69366868 issued by the
Western Surety Company as
Surety, on behalf of Winterhaven Inc. of
220 E. arittanv Ct. Arlington Heights IL 60004 hereinafter referred
to as the Principal, and in favor of city of Elk wove village
of 901 Wpllinqt on Ave.,Elkhereinafter
referred to as the Obligee, effective the ----1st day of __ August 2002 ..
IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it
is understood and agreed that effective the 9th day of July 1 2002 , and
subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the
same is hereby increased from the sum of
Ten Thousand and 00/100 Dollars ($ 10, 000.00 ), to the
SUM of Twenty -Four Thousand Fifty -Five and 00/100 Dollars($ 24.055.00 ).
IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the
attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the
sum of Ten Thousand and 00/100 Dollars ($ 10, 000.00 ),
or for any loss occurring subsequent to said date shall not exceed the sum of
Twenty -Four Thousand Fifty -Five and 00/100 Dollars ($29.055.00 ).
In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it
being the intent hereof to preclude cumulative liability.
SIGNED, SEALED AND DATED this 9th day of July 2002
Accepted By:
Winterhaven Inc.
(Principal)
By By d0tVL'- At!, 19^wA44 (Seal)
Western Surety Company_
_ t(Surety)
By ,�LLyr Y M Bent. ASOL SAy. (Seal)
Attorney -in -Fad
Form F4763
Western Surety Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota,
and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado,
Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia,
Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint
M. Bent of Sioux Falls
State of South Dakota its regularly elected Aa G; nt S cretary
as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for
and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit:
Indemnity, Surely and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or
equity, pol5h�mnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and
fidelity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and
waior extend any bond or document executed for this Company, and to compromise and settle any and all claims or
dei in pyg:i gpinst said Company.
Wg9m Surelylorppar( further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety
Wduly adopted ad j@v in force, to -wit:
•'. s
�Al%I policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
cor�,r}yme.of• pany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other
otficers��®r5�,'lr�' �F&Ibirectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appom /fft6Hftys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
In Witness Whereof, the said WESTERN SURETY COMPANY ha:
Senior Vice President with the corporate seal affixed this
2002
WEST N SURETY -)COMPANY
By
Paul T. Brugat, tenior Vice President
caused these presents to be executed by its
9th day of July
ATTEST
� . Ute.
Assistant Secretary
STATE OF SOUTH DAKOTA 1
COUNTY OF MINNEHAHA 1 as
On this 9th day of Jul V 2002 before me, a Notary Public, personally. appeared
Paul T. Bruflal and A. Vietor
who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be
the voluntary act and deed of said Corporation.
}444444444444444444444444 }
f D. KRELL `+
NOTARY PUBLIC "'b +
i SE AL SOUTH DAKOTA SEAL
}44444444444444444444444 } Notary Public
My Commission Expires November 30, 2006
Form 6724-2002
%I%Y
Western Surety Company
MAINTENANCE BOND
Hond 69366868
KNOW ALL PERSONS BY THESE PRESENTS, That we nterhaven. Inc.
- - Of
220 E. Brittany Ct., Arlington Heights, IL 60004 hereinafter
referred to as the Principal, and Western Surety coa{pany
as Surety, are held and firmly bound unto Elk Grove Village
Of 901 Wellington Ave., Elk Grove Village, IL 60007-3499 hereinafter
referredtoastheObligee,Mthesumd Ton Thni,Aanej and oo/Ino
Dollars ($ 10, 000.00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, Jointly and severalty, firmly by these presents.
WHEREAS, the said Principal entered into a contract with the F1 k Croy . Vi 1 age -
dated
08/0 2002 ____, .—, for Maintenance
WHEREAS, said contract provides that the Principal will fumieh a bond conditioned to guarantee for the period of
Two ( 2 year(s) after approval of the final estimate on said job, by the owner, spinet all detects in
workmanship and materials which may become apparent during said period. and
WHEREAS, the said contract has been completed, and was approved on August 1 2002_
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnity the
Obligee for ail loss that the Obligee may sustain by reason of any defective materials or workmanship which
become apparent during the period of Two (_ 2 ) year(a) from and after Auqu3t 1, 2002
then this obligation shall be void, otherwise to remain in full force and effect
SIGNED, SEALED AND DATED this 2nd day of July 1 2002
Fag F4721
__-,,,Winterhaven, Inc.
(Pancipsq
By ajuufc 7+r1 Pio:..(, (Seaq
Western Surety Company
(Surety)
By f . t (Seal)
Dennis C. Andreozzi Aaomey-in-Fact
ACKNOWLEDGMENT OF SURETY
STATEF Illinois
p � (Attorney -in -Fact)
COUNTYOF Cook_
On this. 2nd day of July _ 2002 , before me, a notary public in
and for said County, personally appeared npnni. C Andrpnrri
to me personalty known and being by me duly sworn, did say, that he is the Attorney-iu•Fact of WESTERN SURETY
COMPANY, a corporation of Sioux Falls, South Dakota, created. organized avid existing under and by virtue of the laws of the
State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of
Directors and that the said Denn i g C. Andran z z i _
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed. my official seal at
_Des Plaines _ „ Illinois__,the day and year last above written.
My commission 7 ,C-2,
FoM 10"4 M
[0- jA
LE LACW OF ILuxots
14(yT Ry PUBLIC SSION E Pte. M Y 12 2001+
%D!®
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 69366868
Know All, Man By Theca Presents. that WESTERN SURETY COMPANY, a corporation duly orgemitad and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the'Company'l does by these presents
make, constitute and appoint rienni c r AWiMn i
its true and lawful attorney(s).in•6tet, with full power and authority hereby conferred, to execute, acknowledge and deliver for cad on
its behalf as Surety, bonds for:
Principal: winterhaven, Inc.
Obligee: City of Elk Grove Village
Amount: S10o, 000.00
and to bind the Company thereby a+ fully and to the same extent as if such bonds wets signed by the President. sealed with the
corporate 11141 of the Company tad duly attested by its Secretary, hereby rouging and confirming all that the said attorasy(s)-in-fact
may do within the above stated limitations. Said appointment i1 made under and by authority of the following bylaw of Western
Surety Company which romaine in full fora and affect.
-Section 7. All toads, polities, undertakings, Powe of Attorney or other obligation* of the corporation shall be executed in the
corporate name of the Company by the President, Seuataty, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vire President, Secretary, any Aestetant Secretary, or the
Treasurer may appoint Attotaeys in Fact or agents who +ball have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seat is not necessary for the validity of any hoods, policies, undertakings, Powers of Attorney or other
Obligations of the corporation. The signature of any such Officer and the corporate wal may be printed by facsimile.•
All authority hereby conferred shall expire and terminate, without Aosta, unless used before midnight of August 1
2I44_, but until such time shall be irrevocable and in lull fora and effect. —
In Witness Whereof, Western Stirsty Company has caused thew presents to be silued by its President. Stephen T. Pate, and its
s_. 2nd day of .Tiny X992 _.
WESTER SY1_ RETTY CO^-�=p�3.(1NY
Stephen T. Pate, PreeAda+ _ot
COtfN'�14N44�iiAlfAA 1 a
On this 2nd _ day of .—�LV.I�Lhn the year 2002 before me, a notary public, personally appeared
Stephen T. Pate, who being to me duly sworn, acknowledged that he signed the shave Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dead of said corporation.
♦ e
J. MOHR�— }t _
r!A!�NOTARY pUBf.lo/{ Notary Public • South Dakota
SOUTN DAIS=
W c.w +iw .1 exp res tap.moo
•*
I the undersigned officer of Western Surety Company, a stock corporation of the Sate of South Dakota, do hereby certify that the
atacbed Power of Attorney is in to force and 0frsd and is irrevocable, and furthermore, that Section T of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seat of Western Surety Company this —211sL. day of
July__.
WESTERN S RETY COM NY
Stephen T. Pate, President
Form f 630