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HomeMy WebLinkAboutRESOLUTION - 69-92 - 11/10/1992 - DEED OF CONVEY/BILL OF SALE RESOLUTION NO. 69-92 A RESOLUTION RELEASING LETTER OF CREDIT NO. SPL30433 ACCEPTED BY RES. 57-91 AND ACCEPTING DEED OF CONVEYANCE/ BILL OF SALE AND MAINTENANCE BOND NO. SU 1558258 IN THE AMOUNT OF $310,722 EXPIRING OCTOBER 27, 1994 GUARANTEEING THE MAINTENANCE OF PUBLIC IMPROVEMENTS FOR TALBOT'S MILL SUBDIVISION (DEVON/I-290) 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 Letter of Credit No. SPL30433, previously accepted by Resolution No. 57-91 from the Harris Bank to guarantee completion and interim maintenance of Public Improvements for Talbot's Mill Subdivision and accept Deed of Conveyance/Bill of Sale and Certificate of Approval and Initial Acceptance from Kimball Hill , Inc. on the project known as Talbot's Mill and described on the "as built" engineering plans prepared by Fletcher Engineering, 5999 New Wilke Road, Suite 300, Rolling Meadows, I1 60008 and accept Maintenance Bond No. SU 1558258 in the amount of $310,722 guaranteeing maintenance of public improvements. Said Maintenance Bond expiring October 27, 1994. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 10th day of November 1992. APPROVED this 10th day of November , 1992. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Talbot's Mill (Project Name/Phase. . . . . .etc. ) Request is hereby made by Kimball Hill, Inc. 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/l mylar set) ( X) Bill of Materials (Material type, Quantities & Cost) ( X) Maintenance Guarantee (Bond, Letter of Credit. . .etc. OWNER(S)/DEVELOPER(S) : Kimball Hill, Inc. ADDRESS: 5999 New Wilke Road, Suite 504 Rolling Meadows, IL 60008 TELEPHONE: (708) 255-0500 REFERENCE: Plan No. 40407 Sheets 25 Dated 3/14/89 & specifications. 88-8-1603 Prepared by Fletcher Engineering and approved by the Village of Elk Grove Village. Cont'd. . . . . . . *M?RCVE.MENT DESCRIPTION: ( x ) Watermain and Appurtenances ( X) Sidewalk (X ) Sanitary Sewer and Appurtenances ( X ) Street Lights ( X) Storm Sewer and Appurtenances ( X ) Parkway Trees (X ) Roadway (Curb and Gutter) ( X ) Ponds (Detention/Retention (X ) 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. l � (DATE) (IL. P.E. M0. ) (SIGNATURE) •. ' N1 U( 9 R' .'62.3a��8 :•2 i REGISTERED DEVELOPER/OWNER CERTIFICATION ° PROFESSIONAL # ENGINEER FIELD INSPECTORS CERTIFICATION OF 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. J ' % '•\ Zia• / t �•� r:-. (DATE) (SIGNATURE) (TITLE) DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that Kimball Hill, Inc. (the "Developer") , located at 5999 New Wilke Road, Suite 504, Rolling Meadows, IL 60008 , a (corporation, r� cxtxa -,r) 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 © Watermain and Appurtenances I9 Sanitary Sewer and Appurtenances © Storm Sewer and appurtenances Lift Station and Force Main F-1 Other SURFACE IMPROVEMENTS QRoadways (Curb 6 Gutter/Pavement) (Street Names) Sidewalks © Parkway Trees Traffic Control/Street Signs Storm Water Retention/Detention Basins Other tont'd. . . i e k e located in the Project known as Talbot's Mill (the "Project") as described on the "as-built" engineering plans prepared by Fletcher Engineering , located at 5999 New Wilke Road, Suite 300, Rolling Meadows, IL 60008 and dated , which plans with "Bill of Materials" are incorporated by reference and made a part hereof. WHEREAS, the Developer does hereby warrant to the Villace, it is the lawful owner of and has good and marketable title to the aforedescribed improvements; that the same are free from all encumberarces; 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 Cor.- veuance is an authorized Act of said corporarior„ Individual or Partnership. IN WITNESS WHEREOF, the Developer has caused this instrument to be signed and delivered this 31st day of July 29 92 7/31/92 CORPORATE SEAL-- (NAME) (DATE) Sr. Vice President (TITLE) ATTEST: " OFFI IAL SEA BAAq G. COO EY �G 3� ; NOTARYC. STATE OF ILLINOIS (NAME) (D £) ) MY COMMISSION EXPIRES 4/7/94 - -- - DEVELOPER(S)/CWNER(S) - -- 7/31 /92 Sce/1�`/i,� FP)�sident (DATE) VILLAGE INSPECTOR 6 7" '_ (AAN, ) �`(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. /i2!G� 7rla� r¢ T <r' ,z Ass'f, I i llgo e Ena n�nr (DATE) J NAME) CfITLE) 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 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) UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK BOND NO. SU 1558258 �e MAINTENANCE BOND II7G1' Snow all men b these Kimball Hill, Inc. YFusssnb, That we..............................---..........-------------.-.-.......-------.-.......--......------.....------ as Principal, and Utica Mutual Insurance Company, New Hartford, New York, a Surety Corporation organized under the laws of the State of New York and duly authorized to do business in the State of Illinois------------ - as Surety, are held and firmly bound unto..... il3age.a£.__..Eik--Grnue,--.IL....60007 ........... -....................... ------------- ---------------------- ------............. ..------------- .----------------------------------------- -...-------..........•.------......--....... as Obligee, in the penal sum of...Three,.ihmdr-ed...Ten..Thausand..seven..hundreii.-twenty...t_wo............ ----...---- dallaxs=--------------_--------_-.-_--_---------------------r..---- 4.3iA.222..Q0......--) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. 'I Whereas, the said Principal entered into a contract with the..... --Elk-.Groua>.-Sl_................. ..... ......................................................................................... ....._................-........dated.--- ......----....... -----.......-- -- ---- forpublic improvements of street lighting, sewer/water underground, earthwork and street pavement Whereas, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of .Two--F2-)-------ye6r(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, d Whereas, the said contrac has been completed, and was approved on O.atpher ;�7t �n .1992............. day of ......{.Qctober- 27 ................... 19.9.2--. Now, therefore, the condition of this obligation is such that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of Two...(-2-)...-year(s) from and after-A.Ar-tober-.27, 1992................ ----------------------------then this obligation shall be void, otherwise to remain in full force and effect. Signed,sealed and dated Kimball Hill, -Inc...........................................(L.S.) ............. ..................... . . ................ ................ ................................................... ... ............................ (L.S.) PRINCIPAL(S) �I UTICA MUTUAL INSURANCECOMPANY L a. ,- y..... -- Y - Attorney-in-Pact XX Carol M. Kornmeyer a-e-its Ed.6.66 �>OtECtECtICaC�tICt IC�tIGtEC�tlOt>� UTICA P JTUAL INSURANCE C MPANY NEW HARTFORD; NEW YORK No297— POWER OF ATTORNEY Know all men by these Presents, the UTICA MUTUAL INSURANCE COMPANY, a New York Corporation, having its principal office In the Town of New Hartford, County of Oneida, State of New York, does hereby make, constitute and appoint Carol M. Kornmeyer Utica , New York its true and lawful Attorney(s)-in-fact in their separate capacity if more than one Is named above to make, execute, sign, seal and deliver for and on its behalf as surety and as its act and deed (without power of redelegation) any and all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment of principal an"Lent4�4"teg.rLlgtjWggbonds and mortgages) Rjq�LdfMjgfrnount of no one bond or undertaking exceeds Dollars ($ ). The execution of such bonds and undertakings shall be as binding upon said UTICA MUTUAL INSURANCE COMPANY as fully and to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at Its Home Office in New Hartford, New York. This Power of Atiorney is granted wider and by duthority of the foiiowing resolution adopted by the Dtrecturs of the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November, 1961. Resolved, that the President or any Vice-President, in conjunction with the Secretary or any Assistant Secretary, be and they are hereby aulhorwed and empowered to appoint Aborneys-m-tact or the Company, to its name and as Its acts, to execute and acknowledge lot and un its behalf as Surety any antl all bonds, recognttances.contracts or indemnity and all other writings obligatory to the nature Ihereot win power to attach thereto the seat til the Company Any such writings so executed by such At lomeys-m-tact shall be as binding upon the Company as it they had been duty acknowledged by the regularly elected officers of the Company to their own proper persons 'Now Therefore, the signatures of such officers and the seal of the Company may be allixed to any such Power of Attorney by a tncsimile, and any such Power of Attorney beating such lacsimile signatures or seal shall be valid and binding upon the Company" In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its Authorized Officers, this 11th day of NoyP_rrhPr , 19 q1. UTICA MUTUAL INSURANCE COMPANY UAW secretary 7 1914 n President 1 STATE OF NEW YORK l �, COUNTY OF ONEIDA j 5s On this 11th day of November 19 91 before me, a Notary Public In and for the State of New York, personally came WALLACE H. WATKINS and JOHN P. SULLIVAN to me known, who acknowledged execution of the preceding instrument and, being by me duly sworn, do depose and say, that they are President and Secretary respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said instrument is the corporate seal of UTICA MUTUAL INSURANCE COMPANY; and that said corporate seal is affixed and their signatures subscribed to said instrument by authority and order of the Board of Directors of said Corporation. In Testimony Whereof, I have hereunto set my hand at New Hartford, New York, the day and year first above written. Jre tNsili STATE OF NEW YORK l i tit• Rosemary wad Notary PublicCOUNTY OF ONEIDA J 55 I, Stephen J. Lorenz Assistant Secretary of the UTICA MUTUAL INSURANCE COMPANY do hereby certify that the foregoing is a true and corr�,;t copy of a Power of Attorney, executed by said UTICA MUTUAL INSURANCE COMPANY, which Is sit'; In full force anri effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the said Corporation at New Hartford- New York, this day of 19_ . 8-8-2 Ed. 10-91 ststam Se,.rutarl. UTICA MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31, 1990 From Annual Report Filed with New York Insurance Department ASSETS LIABILITIES AND SURPLUS U.S. Governmental Direct and Guaranteed Bonds $ 368.560,162 Reserve for All Losses . . . . . . . . . . . . . . . $ 605,778,710 All Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . 633,444,281 Unearned Premiums . . . . . . . . . . . . . . . . . 193,034,994 Stocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26,762,107 Reserve for Claim Expense . . . . . . . . . . . 131,572,880 Mortgages . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0- Dividends . . . . . . . . . . . . . . . . . . . . . . . . . 7,005.463 Cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.569,453 Taxes Accrued 9.059 826 Equities & Deposits in Pools and Associations . . 13,348,468 Federal Income Tax . . . . . . . . . . . . . . . . . 3.368,656 Premiums in Course of Collection 50.303,435 Miscellaneous Accounts Payable . . . . . . . 60,991,714 Interest Due and Accrued . . . . . . . . . . . . . . . . . . 21.047,828 Other Admitted Assets . . . . . . . . . . . . . . . . . . . . 57,064,667 Total Liabilities . . . . . . . . . . . . . . $1,010,812.243 Total Admitted Assets . . . . . . . . . . . . . $1,184,100,401 Surplus Funds: Dividend Reserve . . . . . . . . . . . . . . $ 1,499,658 General Voluntary Reserve . . . . . . . 1,500,000 Special Contingent Surplus . . . . . . . 1,700.000 Divisible Surplus . . . . . . . . . . . . . . . 168.588,500 Surplus as regards Policyholders . . . . . . . . . . . 173,288,158 Total . . . . . . . . . . . . . . . . . . . . . . . . . $1,184,100,401 STATE OF NEW YORK COUNTY OF ONEIDA ss: WALLACE H. WATKINS, President of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly sworn, says that he is the above described officer of said Corporation, and that on the 31st day of December, 1990, all of the assets shown above were the absolute property of the said Corporation, tree and clear from all liens or claims thereon except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said Corporation at the close of business December 31, 1990, according to the best of his knowledge, information and belief. Subscribed and sworn to before me the 19th day of March, 1991. /N h 02 0 // // President NOTARV PUBLIC ROSEtn1:1RY WAOAS Notary iwtim in the state of New nark Attest Appointed,n one,da county My Commmsmn Expires April 3,,19..., Secretary 8-B-50 Ed. 3-91