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HomeMy WebLinkAboutRESOLUTION - 29-99 - 11/16/1999 - CERT OF APPROV/DEED OF CONVEY/BILL SALERESOLUTION NO. 29_99 A RESOLUTION ACCEPTING A CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE; DEED OF CONVEYANCE/BILL OF SALE; MAINTENANCE BOND NO. 120001158 IN THE AMOUNT OF $10,000.00 EXPIRING NOVEMBER 16, 2001 GUARANTEEING PUBLIC IMPROVEMENTS (WATERMAIN ONLY) O'HARE WEST DISTRIBUTION 2701-2801 BUSSE ROAD (CENTERPOINT PROPERTIES) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the President and Board of Trustees do hereby accept a Certificate of Approval and Initial Acceptance, Deed of Conveyance/Bill of Sale, and Maintenance Bond No. 120001158 in the amount of $10,000.00 expiring November 16, 2001 guaranteeing public improvements (watermain only) at the O'Hare West Distribution as described on the " as built" engineering plans prepared by SDI Consultants, Ltd., 2701-2801 Busse Road, Elk Grove Village, Illinois. 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 16th day of November , 1999. APPROVED this 16th . day of November , 1999. Craig B. Johnson Village President ATTEST: Ann I. Walsh Village Clerk AcceptanceConveyanceo'HareWest.doc DEED OF CONVEYANCEIBILL OF SALE KNOW ALL MEN BY THESE PRESENTS, THAT centerPoint Properties Trust (the "Developer"), located at 1808 Swift Drive, Oak Brook, Illinois Maryland trust a 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 I x Watermain and Appurtenances Sanitary Sewer and Appurtenances Stone Sewer and Appurtenances Lift Station and Force Main Other SURFACEIMPROVEMENTS Roadways (Curb & Gutter/Pavement) (Street Names) — Sidewalks Parkway Trees Traffic Control/Street Signs — Stormwater Retention/Detention Basins Other located in the Project known as O'Hare west Distribution (the "Project") as described on the "as -built" engineering plans prepared by SDI Consultants, Ltd. located at 2701-2801 Busse and dated 6/2/48 , 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 aforedesedbed 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 Sate/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 28th day of June , 19-a. Cent�eprPoint Properties Trust Bye' T" u (NAME) ItO.. M. !sullen 6/28/99 (DATE) ATTEyST: ( AME) (DATE) CORPORATE SEAL =PUBLIC,STATE AL SLIN OF ILLINOISS:OSI06/03 DEVELOPERS)/OWNER(S) CenterPoint Properties Trust 6/28/99 (NAME) (DATE) VILLAGE INSPECTOR, //-S- 94 (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. II (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. VIL OF ELK GROVE VILLAGE November 16, 1999 By; (DATE) MAINTENANCE BOND Bond No. 120001158 KNOW ALL MEN BY THESE PRESENTS: CenterPoint Properties Trust THAT, as Principal, and AMWEST SURETY INSURANCE COMPANY a NE corporation as Surety, are held and VILLAGE OF ELK GROVE firmly bound unto State of Illinois in the Sum at Ten Thousand and 00/100 Dollars (S$10,000.00 lawful money of the United States for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written contract dated O'Hare West with the obligee for and, WHEREAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship for a period of One Year from and after the date of acceptance of said work: NOW, THEREFORE, if the said Principal shall for a period of One Year from and after the acceptance of said work, replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above e obligation to be void; otherwise, to remain in full force and effect. SIGNED, SEALED AND DATED this 3rd day of August , lg 99 DEVEMPER CenterPoint Properties Trust By; Senior Vice President & Treasurer SURETY AMWEST SUUR7E INSURA E COMPANY By i iam ei ingettorney- n. acP LIMITED POWER OF .14'_ rTORNEY Amwest Surety Insurance Company This document is printed on white paper containing the artificial watermarked logo ( ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (630) 571-3013 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: William Reidinger Amy B. Wickert Donna Wright Marlise Jahnke Garry L. Wesselink Brenda D. Hockberger Diane M. O'Leary Ann Formhals Rose Ann Seidl As Employees of Near North Ins Brokerage Inc. its true and lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: All Bonds up to $5,000,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. 1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Companyset forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now in full force and effect. Bond No. 120001158 Signed &sealed this3rd dayof August 1999 - 1f� Karen G. Coben, Secretary STATE OF ILLINOIS COUNTY.OF COOK On this 3rd day of August 19 99 , before the personally appeared wtlliam Reidinger , known to me to be the Attortlein-Fact of Amwest Sureyt Insurance Company ,the corporation that executed the within instrument,ckn and aowledged to rtle that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in this certificate first written above. ,� 'OFFICIAL SEAL' Brenda 0. HoekbsrSx Notary Publk. State d Hinois i� 0 My Commiuion Eagra 1/29/00 w4oulry Pu lic ._..._ ... .... .......... _.._..--- - I ---- ----- executed the instrument. WITNESS myPd, and official seal. PC"Yal�d6 `N1,Y,�r, klit 0(4%' Yiofrs106ON(pp��,� i f!i CP �•.,..'ir�'''. Signature �"�i.>(Y (Seal) t'btGly Rblc ColfonMo U iM NpdwG aaMY DEC.14, �i MY COMM.E431ift Q6.19W logs 'n-' 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 1 V To be attached to and form part of: Bond Number 120001158 effective oa/0311999 issued by the in the amount of on behalf of and in favor of on RIDER AMWEST SURETY INSURANCE COMPANY $10,000.00 CenterPoint Properties Trust VILLAGE OF ELK GROVE RECEIVED AUG 18 1999 ELK GROVE VILLAGE ENGINEERING & COMMUNITY DEVELOPMENT Now therefore, it is agreed that in consideration of the premium charged: The Maintenance Term FROM: One (1) Year TO: (Obligee) shall be amended as follows: It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective the 3rd Day of August Signed, Sealed & Dated this loth Day of August , ...w.. v)- ,.-. u�. (Principal) (Surety) 19 99 19 99 LIlY]t t TED POWER OF A . TORNEY Amwest Surety Insurance Company This document is printed on white paper containing the artificial watermarked logo ( R ) of Amwest Surety Insurance Company on the from and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concemed about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (6301571 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: William Reldinger Amy B. Wickett Donna Wright Marlise Jahnke Garry L. Wesselink Brenda D. Hockberger Diane M. O'Leary Ann Formhals Rose Ann Seidl As Employees of Near North Ins Brokerage Inc. its true and lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof W follows: All Bonds up to $5,000,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. 1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attomry remains in Poll force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By-laws of each company, are now in full force and effect. STATE OF ILLINOIS COUNTY OF COOK On this loth day of August 1999 , before me personally appeared Marlise Jahnke , known to the to be the Attorney -in -Fact of Amwest Surety Insurance Company the corporation that executed the within instrument, and acknowledged to tree that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, _the day and year in this certificate first written above. 'OFFICIAL aw I Brenda D. NoekbWW Notary Pubk Still d VA* My Commission Expires 1/29/00 � .v.��_,i 0- r a 1111, i rl• same in hisiber/their authorized eapacity(ies), and that by his/her/their signature(s) on the instrument the personts), or me enmy upon nonan in wmcu we pcieuut» aucu, executed the instrument. WITNESS my d and official seal. as40",,('J._...... 9 s �{„,�L__. CiOnllltwOrl titt��li ... Signature , �J CJ�ae�i`t#`t�J (Seal) �ft iftAroMCaL ift fn_ 4PMv Comm. ra� "ho6.Cr'— DEC114 1990 F 1995 ;ne 1 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 1 CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: O'Hare West Distribution (2701-2801 Busse) (Project Name/Phase...... etc.) Request is hereby made by Kevin P Brealin for Cent0rDn1nr vropQ. s Trust to the Village of Elk Grove Village to approve the subdivisfon/project described above. The following information is submitted in support of this request: (x ) Deed of ConveyanoeBill of Sale ( ) As -Built Engineering Drawings (3 -print sets/1 mylar set) ( ) Bill of Materials (material type, quantities and cost) (x) Maintenance Guarantee (Bond, Letter of Credit ... etc.) OWNER(S)/DEVELOPER(S): ADDRESS: TELEPHONE: REFERENCE: CenterPoint Properties Trust 1808 Swift Drive Oak Brook, Illinois 60523 630-586-8000 Plan No. 2.0 Sheets Dated )'8 & specifications. rR�Jaes 757/01: Aa 6�,iF Prepared by SDI Consultants, Ltd, and approved by the Village of Elk Grove Village. continued.... IMPROVEMENT DESCRIPTION: (X) Watermain and Appurtenances ( ) Sidewalk ( ) Sanitary Sewer and Appurtenances ( ) Street Lights ( ) Storm Sewer and Appurtenances ( ) Parkway Trees ( ) Roadway (Curb and Gutter) ( ) Ponds (Detention/Retention) ( ) 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. 9 . z i. 9 9 (Date) 062-0.(o 6ts' (II. P.E. No.) DEVELOPER/OWNER CERTIFICATION FIELD INSPECTORS CERTIFICATION (Signatu re) SEAL 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. centerpoint Properties Trust By: M;ch- M. Mullen (Date) (ignature) (Titl p"ng f