HomeMy WebLinkAboutRESOLUTION - 5-71 - 2/2/1971 - LETTER OF CREDIT MAIN BOND/FARGO AVE RESOLUTION NO.,S-71_
A RESOLUTION ACCEPTING CERTAIN STREET AS SHOWN
ENGINEERING DWMING NUMBER 4200-11 , DATED
February_25, 1969_ FOR Fargo Avenue (Tonne-Live,
WHEREAS, the Developer and Subdivider has deposited a street
maintenance bond in the amount of $12 ,000 expiring on October 22, 1972,
deposited appropriate bills of sale for public improvements , deposited
public improvement bonds and other funds as required by the Subdivision
Control Ordinance and, except for sidewalks which will be installed at
the developer's expense as the abutting properties are developed, has
fully complied with all provisions of any and all ordinances appertaining,
NOW, THEREFORE BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
Du Page, Illinois:
Section 1: That the Village of Elk Grove Village does hereby
accept certain street and public improvements as shown on Engineering
Drawing Number 4200-11 , dated Feb. 25, 1969 located as generally
described as follows:
FARGO AVENUE from Tonne Road to Lively Boulevard.
Section 2: This resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this 2nd day of February ' r 1971.
APPROVED this 2nd day of February 197;1,
Jack D. Pahl
President
ATTEST:
Margrethe E. Schwel_l.enbach
Village Clerk
O` w
1z >ti� f
KPIOI•I ALT, i:Fi1 2Y T1iNQ FIt";"I NTS, That; w , C_aH"f'EX CCIISTRU TION CMPA1TYANC.,
of Dal1asi Tp as, (herei.naffer called the Principal), as Principal arri
71t:,, J-T'i,,`A CASUAI PY ;UD SUFI:,'!'Y C(j'.1'I.P;Y, a corlmrM icn organized vnd existing
under the laws of tho State of Ccnl;"ctiM. with its Principal office in
the City of Hartford, dennecl_,icu.t., (hereinafter called the Siaafy), as
Surety, are hold and firMly �bou_nd unto the VDI AGI? OF EI K GHOV'% VIIJAGh,
ILLIECTS, QreinafLev called th^ Mien), in the just and full suoi of
T ..',:D i:ID� dO/11120000). . DOLT)hS r:
r :> � ( a O - �, , to th p.ayrnerrt of which
sums well and truly to be mad-, the said Principal. and Surety bind them—
selves, and, their respective heirG, administrators, executors, successors
and asni.gns, joinf,ly and sevara.11y, firnly by these presents.
1r1iIF,J0433 thq Principal has entered into a certain written contract with the
Obl i.ge a, for const ruck ion of all Public improvcments from: Fargo Avenue from
Tonne Ro_�d on the 1st, Est to Lively Eoul :ra -?m
WHEIRS, said Cont:.ract, requires said Principal to indemnify the Obligne against
dnfecti.ve rs orials and faulty workmonrship that may be found in said wort: for
two (2) years from the date of ' his bond.
NOW, THI;MFOJ E, the condition of this, obligation. is such, that if the said
Principal shRll fully indemnify the Obli;oo for any loss it my suffer through
the failure of the Frincipa.l faithfully to oVerve and perform each and every
obligation and My imyvsed upon the: Fri.nci.pil by the said ha nronnnce t;r.iarant,ce,
then this obJAgati_on to be void; otherwise to rusain in full force and virtu
in law.
PROVIDED,HOWEVEh. it shall be a condition precedent, to any right of recovery
hereunder that, in event, of any default on the part, of the Principal, a written
statement of particular facK3 showing the dote and nature of such default:
shall be inmediate1y delivered to the Surely by registered mail at 05 Home
Office in the City of Hartford, Connecticut. V
AND FROVIDF,D,FURTHEh. that no action, snit or preceeding shall be had or main—
tained E gai nst, the Surety on this instrument, unless the: same be br•ouZht or
insti.tuLed and process served upon the Surety within three (3) months after
the expiration of such maintenance periul.
It` WITNESS IEREOF, said Principal and Furety have signed and sealed this
instrument this 22nd day of October __, A.D., 19_70
CFNTFX C0N9TRtsC"'IO1; COi.1PANY, I"IC.
BZ
"H'', fTj:fl c^,A>iJi�7 Y I;D_z-)TJf(7,-T' -CC?TAF,._�
BY e 11
ATTOENEQIMFACT and R:',SIMT Ai Ei'T
THEE CASUALTY AttD SUPETY CO' P`i"Y
Hartford, Connecticut 05115
POWLM, OF All'ORNEY AND CERTMICATE OF AU'fl-101111TY OF A11'ORNEY(S)-1N-FACT'
KNOW ALL MEN BY THESE PRESENTS,THAT THE <1ETNA CASUALTY AND SURETY CIDIMPANY, a corporation duly organized
under tho laws of the State of Connecticut, and having its principal office in the City of Hartford, Count), of Hartford, State of Connecticut,
hath made,constituted and appointed,and does by these presents make, constitute and appoint Kichael R. Plead or 11. Moran
of Chicago., Illinois its true and lawful Attorneys-in-Fact, with full power and authority hereby con-
ferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there
designated the fo.1lowing instrument (s)
by his sole signature and act, any and all bonds, recogpizances, contracts of indemnity, and other writings obligatory in the nature of a bond,
recogoi2!ance, or conditional undertaking,and any and all consents incident thereto not exceeding the sum of FIVE HUMMED
THOUSAND ($500,000.00) DOLLARS
and to bind THE /ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by
the duty authorized officers of THE zl,'MA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys-in-Fact, pursuant
to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of the By-Laws of the Company which provisions are now in full
force and effect and are the only applicable provisions of said By-Laws:
ARTICLE IV—Section 8. The President,any Vice President,or any Secretary may from time to time appoint Resident Vice Presidents, Resident Assistant Secre-
taries,A-zcorncys-in-Fact,and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may pre-
scribe to sign with the Company's same and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such ap2ointee and
revo!:.- the power and authority given him.
ARTICLE IV—Section 10. An bond, recognizance, contract of indemnify, of writing obligatory in the nature of a bond, recognizance, or conditional un-
dertakingshshell be valid and binTiindemnify,upon the Company when (a) signed by the President or a Vice President or by i Resident Vice President, pursuant to
the po,,,er prescribed in the certificate of authority of such Resident Vice President, and duly arrested and scaled with the Company's seal by a Secretary or
Assis-oint Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authoritl of such Resident Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of
fitifl;ozity.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the fo.lowing Resolution voted by the Board
of Directors of THE rBTNA CASUALTY AND SURETY COMPANY at a.meeting duly called and held on the 22nd day of November, 1965.
VOTED: That the signature of William O. Bailey, Senior Vice President,or of Andrew H. Anderson, Vice President,or of D. N. Gage, Assistant Vice Pres-
ident, or of Neil FI. Pfanstiel, Secretary, or of Benjamin I. Radding, Secretary,or of Curtis K. Shaw, Secretary, and tlic seal of the Company may be affixed
by facsimile to any power of attorney or to any certificate relating thereto appointir.g Resident Vice Presidents, Resider, Assistant Secretaries or Attorneys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified
by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which
it is attad,,ed.
IN WITNESS WHEREOF, THE 2ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its
Secretary and its corporate seal to be hereto affixed this 12th day of October ' 19 70
THE 'ETNA CASUALTY AND SURETY COMPANY
State of Connecticut l A MARY
ss. Hartford COFr 9 D.:
B
County of Hartford Secretary
On this 12th day of October 19 70 before me personally ca-me CURTIS K. SHAI-1
to me known, who, being by me duly sworn, did depose and say: that he is Secretary of
THE IETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he
knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he executed the said instrument
on behalf of the corporation by authority of his office under the By-Laws thereof.
K it,
Ic MY COMMiSSiOn Lr Notary Public
R .- —ss'O "'h 31' 19 77
CER,rIFICATE
1, the undersigned, Secretary of THE 'ETNA CASUALTY AND SURETY COMPANY, a stock
corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Au-
thority remains in full force and has not been revoked; and furthermore, that Article IV--Sections 8 and 10, of the By-Laws of the Company,
and the Resolution of the Board of Directors, as set forth in the Certificate of Authority, are now in force.
Signed and Scaled at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 22nd day of
October 19 70
HAATFOAD.
COMM.
Secretary
CAT. 187159
(M) 1-V9 PRINTED IN U.S.A.
L
DEED OF CONVEYANCE
AND
BILL CF SALE
THIS INDENTURE WITNESSETH: THAT CENTEX CORPORATION,
a corporation created and existing under and by virtue of the laws
of the State of Nevada and duly authorized to transact business in
the State" of Illinois (hereinafter sometimes referred to as the
"Company ") , for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration in hand paid,
the receipt and sufficiency of which are hereby acknowledged, does
hereby grant, bargain, sell, transfer set over, assign, convey and
deliver unto THE VILLAGE OF ELK GROVE VILLAGE, Coo} and Du Page
Counties, Illinois, a municipal corporation (hereinafter sometimes
referred to as the "Village ") , the following: ,
Water, Sanitary sewer and storm mains and drains and
equipment as listed and located on engineering plans pre-
pared. by Elk Grove Engineering identified as Plan
Number . 4200-11 dated February 25, 1969 , which
plans are incorporated by reference and made a part hereof
and a part of easements for construction, re-construction
and maintenance as are necessary to operate and maintain
the aforementioned mains, drains and equipment.
TO HAVE AND TO HOLD all of the property hereby granted,
bargained, sold, transferred, set over, assigned, conveyed, and
delivered unto the Village, its successors and assigns, to and
for its own u'se forever
- l -
AND the company does hereby covenant with the Village
that is the lawful owner of and has good and marketable title to
said properties hereby granted, bargained, sold, transferred, set
over, assigned, conveyed and delivered, that said property is free
from all encumbrances; that the Company has good right to sell
the same as aforesaid that it will warrant and defend said
property against the lawful claims and demands of all persons .
This conveyance is made by the Company pursuant to a
resolution duly adopted by its Board of Directors.
IN WITTNESS WHEREOF, said CENTEX CORPORATION, has caused
this instrument to be signed in its corporate name by its
Authorized Agent and to b=1! sealed with its corporate seal, all of
this 27th day of October , 19 70
CENTEX CORPORATION ,
(Corporate , Seal) ---��
Authorized Agent
2 -
STATE OF ILLINOIS )
SS
COUNTY OF COOK )
I, Robert C. winkle
in and for said County, in the State aforesaid, Do HEREBY CERTIFY,
that Robert P. Calkins personally known to me to be the Authorized
• Agent for Centex Corporation, a Nevada corporation, and personally
known to me to be the same person whose name is subscribed to the
foregoing instrument, appeared before me this day in person and
acknowledged that as such Authorized Agent, he signed and delivered
the said instrument as Authorized Agent of said corporation, and
caused the corporate seal of said corporation to be affixed thereto,
pursuant to authority, given by the Board of Directors of said
corporation as their free and voluntary act, and as the free and
voluntary act and deed of said, corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and seal this 27th day of October 19 70
- 3 -
r ,
J
1
� t w
4 �
I a-
i�- IIIIi.�ati'UC 1YLN; CIONI ki3"1%,c TIE-1,i'I,.I? OF CRI:T)."T'
r
AMOUNT U.S. IO,GCG.G'J
CfnCAGO,IT.L. U.S.A.
? To Vi11_'.;t: Of Elk Grove Vi1l.age
E_!k Grove Vi7la-a it..
Illinois Oc`o`ler 21, 1G7fl
-- --- -WE HEREBY AUl-HO RIZE YOU TO DRAW
Conilinent�1. Illinois l ntional Bank and Trust Co-many of Chic". o, C.,ic:_�0, Illinois, ,{
DRAFTS AT S'?.--)t ------------- ---•--------- -FOE! ANY SUM OP SU`+1S NOT EXCEE=DING
A TOTAL OF c'a Thor-.se.nd and 00/100 1)011, rz------------------------.._-------
FOP,
- .FOA ACCOUNT OF Centex Co2ipOration, 4600 Fapnblic Nznt1Unal �'cc_-ik Tower,
DRAFTS MUST EE ACCOMPANIED BY inva .cc:, cnpoved by of Ell: G.ncJa V:L13r, e r
s ii rel. ,;in` to i rste-Uation of z third lift of pave hent for Faxgo vc-nue from
w Tonne Read east to Lively Bo-ale-,.c,l d.
+ %{� INSURANCE
ONE ORIGINAL BILL OF LADING WITH COMMERCIAL INVOICE
MUST Bi? SENT BY THE FIRST NEGOTIATING BANK BY AIR MAIL DIRECT TO
AND A CERTIFICATE BY THE FIRST NEGOTIATLvG EANK STATING THAT THIS HAS BEEN DOME MUST ACCOMPANY
EACH DRAFT. ALL DRAFTS HEREUNDER MUST BE MARKED: -DRAWN UNDER CONTINENTAL ILLINOIS NATIONAL BANK
-{I AND TRUST COMPANY OF CHICAGO LETTER OF CREDIT NO. 64453 DATED OCto --r 21, 1970
' EXCEPT AS OTHERWISE EXPRSSSLY STATED, THIS CREDIT IS SUBJECT TO THE -UNIFORM CUSTOMS AND PRACTICE -.�
r�
FOR CO➢dMERCIAL DOCUMENTARY CREDITS FIXED BY THE INTERNATIONAL CHAM;E3 OF CO;:Ld ERCE.
THE AMOUNT OF EACH DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED HEREON AND THE PRESENTATION --I'
�Y OF EACH DRAFT, IF NEGOTIATED, SHALL BE A WARRANTY BY THE NEGOTIATING BANX THAT SUCH ENDORSENIcNT HAS 1':
�ql BEEN MADE AND THAT DOCUMFN17S HAVE BEEN FORWARDED AS HEREIN REQUIRED: IF THE DRAFT IS NOT NEGOTI-
ATED THIS CREDIT MUST ACCO:riPANY THE DRAFT. -
WE HEREBY cNGAGZ WITH THE DRAWERS, ENDORScZ--AND SONAFIDE HOLDERS OF DRAFTS DRAWN UNDER AND 1N COM',- '
PLIANCE WITH THE TERMS OF THIS CREDIT THAT THE SAME SHELL VE DULY HONORED ON DUE PRESENTATION AND , , { y
t
DELIVERY OF DOCUMENTS AS SPECIFIED IF N=GOTIATEC Oa PRESENTED ON OR 3GFCRE 0-2t-ober 21, 1975
4�Fov Cns.-E^: .
this t+~r=_e .cr � . is saf . d it bow t_the.°--fah,.,-o 1