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HomeMy WebLinkAboutRESOLUTION - 37-96 - 7/23/1996 - CERT OF APPROVAL;DEED OF CONVEY ETCRESOLUTION NO. 37-96 A RESOLUTION ACCEPTING CER`CIFICATE OF APPROVAL AND INITIAL ACCEPTANCE; DEED OF CONY ANCE/BILL OF SALE; MAINTENANCE BOND IN THE AMOUNT OF $10,000 EXPIRING MAY 1, 1998 GUARANTEEING MAINTENANCE OF SANITARY SEWER LIFT STATION HUNTINGTON CHASE UNIT 1 SUBDIVISION (LEXINGCON 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 accept a Certificate of Approval and Initial Acceptance, Deed of Conveyance/Bill of Sale, and Maintenance Bond in the amount of $10,000 expiring May 1, 1998, guaranteeing the maintenance of Sanitary Sewer Lift Station 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 60143 Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES 5 N4YS 0 ABSENT 0 PASSED this 23rd day of July , 1996. APPROVED this 23rd da:y of July 1996. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith Village Clerk CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Huntington Chase Unit 1 Sanitary Sewer i.ift Station (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 I 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: 1156 W. Shure Drive, Suite 200 rlin.gton Heights, IL. 60004 TELEPHONE: 847-253-9770 ext 331 REFERENCE: Plan No. Sheets 21. & 22 , Dated 5/26/94 & specifications. Prepared by Cowhey Gudmundson Leder and approved by the Village of Elk Grove village. Cont'd....... IMPROVEMENT DESCRIPTION: ( ) watermain and Appurtenances ( ) ( ) Sanitary Sewer and Appurtenances ( ) ( ) Storm Sewer and Appurtenances ( ) ( ) Roadway (Curb and Gutter) ( ) ( ) Roadway (Markings) (XX) CERTIFICATIONS: Sidewalk Street Lights Parkway Trees Ponds (Detention/Retention Other (Lift Station... etc.) 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. 1�2 / 9 190, oc,a - DY (DATE) (IL. P.E. NO.) TLS uTEF:=D : PRC"ES'UCAAL DEVELOPER/OWNER CERTIFICATIONy-}-:, ENGINEER OF ••......... 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. / / 3 / /7( (:b— '(/ cy77�— L.D. �' , s ; . M61t. (DATE) (SIGNATURE) (TITLE) DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that Lexington Hnmec T T.r_ (the "Developer"), located at 1156 W Shure Dr__ Suite 200. Arlington Heights TT._ 6000 a T11;nois Limited r.iahility 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: Watermain and Appurtenances F1 Sanitary Sewer and Appurtenances Storm Sewer and Appurtenances ® Lift Station and Force Main F7 Other SURFACE IMPROVEMENTS F Roadways (Curb 6 Gutter/Pavement) (Street Names) Sidewalks QParkway Trees E] Traffic Control/Street Signs QStorm Water Retention/Detention Basins Other cont'd... -z - located in the Project known as Huntington Chase Unit 1 , (the "Project") as described on the "as -built" engineering plans prepared by Cnwhey Gudmundson Leder LTD. , located at Huntington Drive and Rohlwing Road and dated 5/26/94 last revision 4/28/95 , 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 11st day of January , 19 96 CORPORATE / .31A SEAL 1 117 (NAME) (D E) Senior Vice President _ (TITLE) Uj Fp,C LLL SEAL ATTEST: DTANE S DF.CRAFF tdOTARY PUDL.0 Y}' STATE' OF U.LiNO?S /fes% . _N4D�FR -31 le —�-_ SEAL (NAME) E(DATE) DEVELOPER(S)/OWNER(S) i (NAME) (PATE) VILLAGE INSPECTOR �' � n -7/z,5- Z (NAME) ,g F' (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. r7l),s/Sri �/ ��',%�///��/,%j P, A{s`T. VIL( AG - (DATE) [SAME) (TITLE) Euc1NEE,< APPROVAL AND ACCEPTANCE OF GOVERNING 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 responsibility 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 Bond No KNOW ALL MEN BY THESE PRESENTS: 92208 That LEXINGTON HOMES, L.L.C. 800 S. Milwaukee Avenue Libertyville, IL 60048 as Principal, hereinafter called Contractor, and FRONTIER INSURANCE COMPANY 195 Lake Louise Marie Rd., Rock Hill, NY 12775-8000 , 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 Ten Thousand and 00/100 -------------------------------------- Dollars, ($ 10,000.00 --------- ), 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 Subdivision - Lift Station 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 May 1, 1998 , 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 18th In the presence of: day of Apri 1 , 199 6 . LEXINGTON HOMES, L.L.C. By: Ely: / ,C�GGeti Alice Rhoads, COMPANY `0 r0 loer INSURANCE COMPANY ROCK HILL, NEW YORK 12775-8000 (A Stock Company) POWER OF ATTORNEY 76inofu ,All rfficn rv3� (` lIrac presents: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officer:. 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 shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may Insert in such certification the date thereof, said date to be not later than the dale of delivery thereof by such AfforneyAn-Fact" This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: JAMES SCHEER MICHAEL J. SCHEER JAMES J. PETERSON ALICE RHOADS JAMES I. MOORE BONNIE KRUSE STEPHEN T. KAZMER of LaGrain the State of Illinois its tnm "nd 1"mL, Nn.nn.d^_.. v....•...:.,. ...0 .. - State of ILLINOIS County of DU PAGE ss: On April 18, 1996 there, duly commissioned and sworn, personally appeared , before me, a Notary Public in and for said County and State, residing Alice Rhoads known to me to be Attorney -in -Fact of FRONTIER INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I My Commission official seal, the day and year stated in this certificate above. "OFFICIAL SEAL" BONNIE KRUSE SAY COMMISSION EXPIRES 3/3/9? ......... ..... o,,.,,,, ,...... , r,,,,, a,,,xeO illy u,nciai near at MOCK nm, New York, me day and year above written. f CHRISTINE I, LANE Notary Public State of New York '`'^•••^w Sullivan County Clerk's No. 1996 Commission Expires May 2, 1996 CERTIFICATION I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY of Rock Hill, New York, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. ,3n Pitnees Phereof, I have hereunto set my hand and allixed the facsimile seal of the corporation this 18th day of Apri 1 '19 96 opM,a,^F°off F FM 19-5002-A (4/95) -' JOSEPH P. LOUGHLIN, Secretary