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Home My WebLink AboutRESOLUTION - 46-98 - 10/13/1998 - LOC RELEASED/CERT OF APPROV. ECTRESOLUTION NO. 46-98 A RESOLUTION RELEASING AN IRREVOCABLE STANDBY LETTER OF CREDIT NO. NAS219882 $521,598.83 (ACCEPTED BY RES, NO. 72-95) AND ACCEPTING A CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE; DEED OF CONVEYANCE/BILL OF SALE; MAINTENANCE BOND NO. B124 -81179M IN THE AMOUNT OF $47,418.08 EXPIRING OCTOBER 14, 2000 GUARANTEEING PUBLIC IMPROVEMENTS IN THE HUNTINGTON CHASE UNIT 2 SUBDIVISION (LEXINGTON HOMES. L.L.C.) 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 authorize the release of Irrevocable Standby Letter of Credit No. NAS219882 from Wells Fargo Bank in the amount of $521,598.83 accepted by Resolution Number 72-95 and accept a Certificate of Approval and Initial Acceptance, Deed of Conveyance/Bill of Sale, and Maintenance Bond No. B124 -81179M in the amount of $47,418.08 expiring October 14, 2000 guaranteeing public improvements at the Huntington Chase -Unit 2 Subdivision as described in the engineering plans and specifications prepared by Cowhey Gudmundson Leder Ltd., 300 Park Boulevard, Itasca, 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 5 NAYS 0 ABSENT 1 PASSED this 13th day of October 1998. APPROVED this 13th day of October 1998. Craig B. Johnson Village President ATTEST: Patricia S. Smith Village Clerk Reso401a.doc CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Huntington Chase Unit 2 (Project Name/Phase...... etc.) Request is hereby made by Lexington Homes. L.L.C. 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 & Cost) (X ) Maintenance Guarantee (Bond, Letter of Credit... etc. OWNER(S)/DEVELOPER(S): Lexington Homes, L.L.C. ADDRESS: 800 S. Milwaukee Ave., Suite 250 Libertyville, IL. 60048 TELEPHONE: (847)362-7085 ext 399 REFERENCE: Plan vo. N/A Sheets I - 26 Dated 05/26/94 & specifications. Prepared by Cowhev Cudmundson Leder Ltd. and approved by the village of Elk Grove Village. Cont'd....... IMPROVEMENT DESCRIPTION: ( X) Watermain and Appurtenances (X ) Sidewalk ( X) Sanitary Sewer and Appurtenances (X ) Street Lights ( X) Storm Sewer and Appurtenances ( X) Roadway (Curb and Gutter) ( X) Roadway (Markings) CERTIFICATIONS: (X ) Parkway Trees (X ) Ponds (Detention/Retention ( ) Other (Lift Station... etc.) srATr�,/ 7— DESIGN ENGINEER'S no 6W To the best of my knowledge and belief, the construction of the _%Nbst4„fsl above described improvement has been completed^in accordance with the referenced approved plans and specifications. 4AA 5m ,33Sos / (DATE) (IL. P.E. NO.) 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. (DATE) (SIGNATURE) (TITLE) DEED OF CONVEYANCE/BILL OF SALE KNOW ALL ?SEN BY THESE PRESENTS, that Lexington Homes, L.L.C. (the "Developer"), located at 800 S. Milwaukee AveSuite SO Libertyville. T11inois 60048 a Limited Liability Company (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 corpor- ation, to and for its own use forever the following: UNDERGROUND IMPROVEMENTS 0 datermain and Appurtenances xj Sanitary Sewer and Appurtenances XQ Storm Sewer and Appurtenances F7 Lift Station and Force Main f7 Other SURFACE IMPROVEMENTS ® Roadways (Curb 6 Gutter/Pavement) (Street Names) Huntington Drive FE Sidewalks Hawthorne Lane Windham Lane a Parkway Trees Charlela Lane O Traffic Control/Street Signs xQ Storm Water Retention/Detention Basins F7 Other cont'd... -2 - located in the Project .known as Huntington Chase iTnit 9 (the "Project") as described on the "as -built" engineering plans prepared by Cowhey Gudmundson Leder Ltd. located at 300 Park Boulevard Itasca. Illinois 60143 and dated 12/12/96 , 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 encumberances; 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 Con- veyance 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 22nd day of June 1998 CORPORATE ��„• 06/22/98 SEAL *' (NAME) (DATE) Cambridge Properties - Lexington Homes, L.L.C. By: Cambridge Properties, Majority Member By: Cambridge Homes, Inc., Managing General Partner - By: John J. Scapin, Vice President (TITLE) Land Development ATTEST: l �kcm l &yu a31g4'V (NAME) (DATE) SULICIAL SEAL" DEBRA WAITES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 11/20/2000 DEVELOPER(S)/OWNER(S) �(, t 06Z22/98 (NAME) (DATE) VILLAGE INSPECTOR ivzMci (DATE) -3 - ASSISTANT VILLLAGE 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. '0/5/c/E5 sy� l6 I(W /95SiT. (r i.Q (DATE) ( ) (TI 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, ect. Acceptance of maintenance by the Village does not relieve the developer from the responi•ibility of keeping all dirt and debris due to cons- truction operations out of both storm and sanitary sewer systems. Final accept- ance of the subdivision or other general development is conditional upon com- pleting 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 re- fund of maintenance escrow monies will be made until all items in the final Punch list have been corrected. VILLAGE OF ELK GROVE VILLAGE BY: (DATE) MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Cambridge Properties 800 S. Milwaukee Avenue, Libertyville, IL. 60048 as Principal, hereinafter called Contractor, and Statewide Insurance Company 329 North Genessee St., Waukegan, IL. 60085-4205, as Surety, hereinafter called Surety, are held and firmly bound unto Village of Elk Grove 901 Wellington Ave., Elk Grove, IL. 60007 as Obligee, hereinafter called Owner, in the penal sum of Forty Seven Thousand Four Hundred Eiehteen and 08/100 Dollars, ($47,418.08), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has constructed various public Improvements: Huntineton Chase - Unit 2 Improvements in accordance with the General Conditions, the Drawings and Specifications, which Plans are by reference incorporated herein, and made a part hereof, and is referred to as the Plans. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting therefrom, which shall appear within a period of Two (2) Years from the date of substantial completion of the work provided for in the Plans, namely until October 14. 2000, then this obligation to be void; otherwise to remain in full force <nd effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 5th day of Ortoher , 1998. Cambridize Properties Principal ^ 1 In the presence of: T 73-1 , By: ltl S dr - 4 Statewide Insurance Comnanv Surety _ STAT .:'WIDE INSURANCE uOMPANY" m,y I I I P.O. BOX 799 60079-0799.329 NORTH GENESEE ST., WAUKEGAN, ILLINOIS 60085.4205" PHONE 8471662.0073 • FAX 841166274064 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That STATEWIDE INSURANCE COMPANY, an Illinois stock Insurance corporation, does make oonstltute and` ` appoint MAJOR T. HILL, FRANCIS G. SHAW AND LORNA F. HAWK EACH OF LIBERTYVILLE, ILLINOIS A its true and lawful Aftorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver add affix -the seal of the company thereto if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof as follows., . ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO.EXCE[ED AN AGGREGATE. OF FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS FOR ANY SINGLE pOgB�LIII�GAA,TTTIIONN, REGARDLESS OF THE NUMBER OF INSTRUMENTS`ISSUEb::FOR THE' and to bind STATEWIDEINSUNTMOMPANY thereby, and all of the acts of said Attomey(S)-in-Fact, pursuant to these presents, are ratified and confirmed. This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the,Board.of Directors; of the STATEWIDE INSURANCE COMPANY, Waukegan, Illinois, at a meeting duly called and held on the 27th day of July, 1997. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the. Board, the President, an Executive Vice President; a Senior Vice President or:a Vice President of the company be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power' of Attorney to execute in behalf of STATEWIDE INSURANCE COMPANY, Waukegan, Illinois, bands; undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby Is, authorized to attest the execution of any such Power of Attorney, and to attach hereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shalt be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract or suretyship to which is attached " In Witness Whereof, the STATEWIDE INSURANCE COMPANY, Waukegan, Illinois, has caused its official seal to be hereunto affixed and these presents,to ba signed by one of its Vice Presidents and attested by one of its Secretaries this 27TH day of ,JULY 1997 ATTEST: Stuart 0. Swank, Secretary STATE OF ILLINOIS ) COUNTY OF LAKE ) SS. STATEWIDE INSURANCE COMPANY SEAL� 5 " t 1979 ? s ........ 1 y Ralph W. Swank, Jr., President . On this 27TH day of JULY 1997 personally came before me, Ralph W. Swank, Jr. and Stuart 0. Swank to me known to be' the individuals and officers of the STATEWIDE INSURANCE COMPANY who executed the above instrument, and they each acknowledged the execution of tbe; `. same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above:' instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said Instrument by the authority of the Board of Directors of said corporation. "OFFICIAL SEAL' Mary F DeFflippia Notary Public, Stats Of Illinois Mary F D'efilippis, Notary. Public My Commission Expires 0.13-2000 CERTIFICATE I, the undersigned Assistant Secretary of the STATEWIDE INSURANCE COMPANY, an Illinois corporation, CERTIFY that the foregoing and attabired Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the By -Laws of the company and the Resolutions of the Board of Directors set forth In the Power of Attorney, are now in force. Signed and sealed at the City of Waukegan this 5th day of October 1998' SEAL� SEIIL�iij y r `w...'�; ;.ems'• ..... .. Roger J. $want, Assistant Secretary THIS POWER OF ATTORNEY IS PRINTED ON SAFETY PAPER AND IS NOT VALID WITHOUT RED PRINTING THROUGHOUT