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HomeMy WebLinkAboutRESOLUTION - 40-97 - 9/23/1997 - LOC/DEED OF CONVEY/BILL OF SALE ETCRESOLUTION No. 40-97 A RESOLUTION RELEASING AN IRREVOCABLE STANDBY LETTER OF CREDIT NO. NBS222547 $479,967.70 (ACCEPTED BY RES. NO. 10-96) AND ACCEPTING A STATEMENT OF APPROVAL AND INITIAL ACCEPTANCE; DEED OF CONVEYANCE/BILL OF SALE; MAINTENANCE BOND NO. B123M71444IN THE AMOUNT OF $105,618.43 EXPIRING AUGUST 26, 1999 GUARANTEEING PUBLIC IMPROVEMENTS IN THE HUNTINGTON CHASE UNIT 1 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: Section 1: That the President and Board of Trustees do hereby authorize the release of Irrevocable Standby Letter of Credit No. NBS222547 from Wells Fargo Bank, N.A. in the amount of $479,967.70 accepted by Resolution Number 10-96 and accept a Statement of Approval and Initial Acceptance, Deed of Conveyance/Bill of Sale, and Maintenance Bond No. B123M71444 in the amount of $105,618.43 expiring August 26, 1999, guaranteeing public improvements at the Hungtington Chase - Unit 1 Subdivision as described in the engineering plans and specifications prepared by Cowhey Gudmundson Leder, Ltd., 300 Park Boulevard, Suite 100, Itasca, Illinois. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES 6 NAYS 0 ABSENT 0 PASSED this 23rd day of September , 1997. APPROVED this 23rd day of September , 1997. Craig B. Johnson Village President ATTEST: Patricia S. Smith Village Clerk V:"� SiiaTcm u'j i Q'n� OF APP.RCVAL AND : V:71 AL ACCEPTANCE SUBDIVISION: Huntington Chase Unit 1 (Project Nane/Phase...... etc.) Request is hereby made bu Lexington Homes, L.L.C. to thr village of £1k Grove village to approve tre subdivision/project described above. The following;rfor-a tion is sub -fitted in support of this request: ( X ) Deed of Convecance/_ill of Sale (X ) "As -Built" £ncinee:ing Drawings (3 -print sets/1 mylar set) ( X ) Bill of materials (Material type, Quantities 6 cost) ( X ) Maintenance Guarantee (Bond, Letter of Credit... etc. OWN-TR(S)/D£VELOP£R(S): Lexington Homes, L.L.C. ADDRESS: 800 S. Milwaukee Ave., Suite 250 i.,harrvville. IL. 60048 T£L£PHO;:£: J.847)362-7085 ext 399 REFERENCE: Plan ;:o. N/A Sheets 1-26 ,:Dated 05/26/94 6 specifications. Prepared by Cowhey Gudmundson Leder Ltd. and approved by the Village of Elk Grove Village. Cont'd....... vPROVEME.NT DESCRIPT:ON: (X ) watermain and Appurtenances (X ) Sidewalk (X ) Sanitaru Sewer and Appurtenances (X ) Street Lights (X ) Storm Sewer and Appurtenances (X ) Parkway Trees (X ) Roadway (Curb and Gutter) (X ) Ponds (Detention/Retention (X ) Roadwau (.Markings) ( ) Other (Lift Station—etc.) DESIGN ENGINEER'S G6A;4F-;^...=..."-' SVATE-/YjEA)-r 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. 71lgIg7 062yq9,;�10 (DATE) M. P.P. NO.) (SIGNATUa:) r "'': 0632Af.9G1^ '3 � PR09E6SIOhAL DEVELOPER/OWNER CEP.TIFICATION A.A ENGNEER OF FIELD IA'SPECTORS CERTIFICATIONC,%'i��j1�Cj.. I hereby certify that I (we) have regularly inspected the above described improvements during the progress of construction and that to the best of mu/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 SALEI I Y -NOW ALL MEN BY THESE PRESENTS, that Lexington Homes, L.L.C. (the "Developer"), located at 800 S. Milwaukee Ave., Suite 250, Libertyville, Illinois 60048 a Limited Liability Company partnership, individual) authorized to do business in the State of Illinois, for and in consideration of the sum of One Dollar ($1.00) and ocher good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Sell, Transfer Over, Convey and Deliver unto the Village of Elk Grove Village (the "Village"), Cock and DuPage Counties, illincis, a municipal ccrpor- ation, to and for its own use forever the following: UNDERGROUND IMPROG---�SENTS Watermain and Appurtenances FT Sanitary Sewer and Appurtenances CI Storm Sever and ADDUrtenances [j Lift Station and Force Main r7 Other SURFACE T`IPROVUAENTS CFI Roadways (Curb 6 Gutter/Pavement) (Street Names) Huntington Drive ISidewalks Westminster Lane Waterford Lane © Parkway Trees Huntington Court Traffic Control/Street Signs Storm Water Retention/Detention Basins Other cor.t'd.. -2- Iocated in the Project known as Huntington Chase Unit 1 , (the "Project-) as described on the "as -built" e:c_'neering plans prepared by Cowhey Gudmundson Leder Ltd. located at300 Park Boulevard and dated 12/12/96 which plans with "Sill of Materials' s are incorporated by reference and made a part .`.erecf. WHEREAS, the Developer does hereby warrant to the village, it is the lawful owner of and has good and marketable title to :he aforedescribed improvements; that the same are free from all encumberances; that :he DevelcDer has the rich: to Sell the same; and that the Developer warrants and will defend and hold harmless the Village against the lawful claims and demands of all persons with respect to the title hereby conveyed; and that the execution of this Bill of Sale/Deed of Con- veyance is an authorized Act of Said Corporation, individual or Partnership. IN WITNESS WHEREOF, :he Developer has caused this instrument to be signed and deliveredd this 10th day of .1u y 19 97 1 1 \ CORPORATE NA 07!10(97 SEAL Cambridge Prope ties)- Lexington Homes, L.L.C. (DATE) By:Cambridge Properties, Majority Member �: CSaWbridgg Homes, Tnc. Man��intg Ge$eBal Plartne€ Vice Press n Lan eve opmen (Ti Tie ) ATTEST: NOTARY (NAME) (DATE) [NOT�A�RY CIAL SEAL" RA WAITES BLIC, STATE OF ILLINOIS 00 DEV£LOPER(S)ICWN£R(S) 07110/97 ( NAMM(2�) (DATE) VILLAGE INSPECTOR -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. e/te/Y-7 (DATE) APPROVAL AND ACCE-1TANCE OF GOVERNING AU-1HORITi The VILLAGE OF ELK GROVE VILLAGE does :hereby approve and accepc for maintenance and operation the above described irrovement. 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 responsibility of keeping all dirt and debris due to cons- truction operations out of both storm and sanitary sewer systems. Final accept- amce 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 unril all items in the final punch list have been corrected. VILLAGE OF ELK GROVE VILLAGE BY: (DATE) MAINTENANCE BOND Bond No. B123M71444 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 One Hundred Five Thousand Six Hundred Eighteen and 43/100 Dollars, ($105.618.43), 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: Huntington Chase - Unit 1 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 August 26. 1999, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. SIGNED and sealed this 11th day of August 1997. In the presence of: l A. "OFFICIAL SEAL" DEBRA WAITES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSIONEXPIRE511/20/2000 Principal Title PALY Statewide Insurance Company Surety � I By: Ccu a OW STA EWIDE INSURANCE 'OMPANY mioP.O. BOX 799 60079-0799.329 NORTH GENESEE ST, WAUKEGAN, ILLINOIS 60085-4205 PHONE 8471662-0073 • FAX 8471662-4064 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That STATEWIDE INSURANCE COMPANY, an Illinois stock insurance corporation, does make constitute and appoint MAJOR T. HILL, FRANCIS G. SHAW AND LORNA F. HAWK EACH OF LIBERTYVILLE, ILLINOIS its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto if ALL sWftITTENdsiNSTRUR NT5n1ZINsANthAMOUNTbIigaOTsTOeEXCEED thereof as follows: OF FIVE HUNDRED THOUSAND (YE500,000.00) DOLLARS FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind STATEWIDE INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are fatified 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, ata meeting duly called and held on the 27th day of October, 1994. "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, bonds, 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 seat shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which is is attached." In Witness Whereof, the STATEWIDE INSURANCE COMPANY, Waukegan, Il44s has caused its offict6e21 tbbe hereunto 199 and these presents to be signed by one of its Vice Presidents and attested by one of its Secretaries this 27 day of O l O ER ATTEST: A ; .... SEAL 1979 By Ralph W. Swank, Jr., Secretary STATE OF ILLINOIS ) SS. COUNTY OF LAKE ) STATEWIDE INSURANCE COMPANY Daniel L. BarighUPresident On this 27TH day of OCTOBER 1994 personally came before me, Daniel L. Baright and Ralph W. Swank, Jr. 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 the 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. Mary F. Defilippis, Notary Public My Commission Expires: 13TH DAY OF AUGUST, 1996 CERTIFICATE I, the undersigned Assistant Secretary of the STATEWIDE INSURANCE COMPANY, an Illinois corporation, CERTIFY that the foregoing and attached 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 11th day of August 19 97 Roger J. Swarat, Assistant Secretary NOTARIAL ACKNOWLEDGMENT STATE OF Illinois COUNTY OF Take �ss '16 On this 11th day of Augs,sr , 19 97 before me, a Notary Public of the Stale and County aforesaid, ra. siding therein, duly commissioned and sworn, personally came Francis G. Shaw , to me known, who being by me first duly sworn according to law, did depose and say that he resides in Mundelein, Illinois ; that he is an attorney in fact of Statewide Insurance Company (Nom• al Sorry Componr) the corporation described in and which executed the foregoing instrument; that heknows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like ordci; Thal he executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. "OFFICIAL SEAL' LORNA F. HAWK NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 11/19/2000 Notary Public