HomeMy WebLinkAboutRESOLUTION - 6-71 - 2/2/1971 - LTR OF CREDIT MAINT BOND/LOUIS & JARVIS RESOLUT10N NO. 6-71
A RESOLUTION ACCEPTING CERTAIN ST11,'-EFT5 AS SHM-,N
ON ENGINEEIRING INX-M,!�ER 41,,004., DIAMMI,
February 25, 1969 FOR Louis Ave. and Jarvis Ave.
(Livelv t�-Route. 83-5
WFEEREAS, the Developer and Subdivider has deposited a street
maintenance bond in the amount of $_ 24,000 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, except for sidewalks and street lights 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
DuPage, Illinois:
Section 1: That the Village of Elk Grove Village does hereby
accept certain street and public improvements as shown on Engineering
Drawing Number 4400-4, dated Feb. 25, 1969 located as generally
described as follows:
LOUIS AVENUE from Lively Boulevard to Route 83 and
JARVIS AVENUE from Lively Boulevard to Route 83.
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 .1 19-1 L
APPROVED this 2nd day of February 3 197 L
Jack D. Pahl
President
ATTEST:
Margrethe E. Schwellenbach
Village Clerk
THE -7!,-A C,,7, ANY
Halt f()rdi. contle('.f icut
LQU NO. S S 107G91
ro,
%Fin!i 1Q,
KNCU ALL MEN BY THESE PRIMTS, That wo CKETEX
of 1413asi Texas, (haroinafrer called the Principal), as Principal n&
THE !7PA CASUL17Y AID SUTTI GGNYKNYJ a coilmration organizel and eyistinz
undrr the laws of the 21ate of donnonticut, with its Principal office in
the City of FaKford, GonnorhicA (hureinuff9v called the Surel), as
Sur-ty, are held and firmly bound uEho the VIIJAGE OF 1EI-K Ghr)Vii, VILLV�E,
Illivcis, (hereinafbar called thi Cbligp".. in the just and fill sum of
an), to the payment of which
TT,-T_".T� FOUR THT)J20D AQ 10/10 W&C OULIA113
sum, well nnd truly to be midej the spid ITIncipal and Surety bind them-
selvCX, anJ their respective heirs, administrators, executors, successors
and nssigns, joinEly and sevarally, firmly by these presenEs.
WHERNASS thi Principal has entered into a corknin written contract with the
Obligee, for construction of all Public improvements frum: Inul, Aven= Train
Livok Enulavord on the Want, 00 to State Routc PQ alro inrvis Aywave f2m,'t
MGT Boulciard on th: Vast, Mst to Statc Routs 83,
WHEREASS said Contract requires snid Principal to indemnify the Obli2ne against
defective materials and, faulty workminsUp that may be found ir said work for,
two (2) years from the dnte of "his bond.
NOW, THEKFUEE, the condition of this obligation is such, that if the said
Principal shall fully indemnify the Obligue for any loss it m17 suffer thivuSh
the failure of the Frincipal faithfully to chserve and perform cach and every
obligation and duty imFosed upon the Princilnl by the said hainlonpnce giorantea,
then this obligation to be void; oLharwlsa to remain in full force and KrLuo
in law.
it shall be a condition precedent to any right of rnccvery
hereunder that in event, of any &,f,';.ulk on thn yarL of the Principal, a written
statcment of particular facts shnwinn the date and nature of such default
shall be immediately delivered to the Surety by registered mail at its Home
Office in the City of Hartford, GonnecticuK
AND PROVIDEDJURTHEE, that no action, suit or preceeding shall be had or main-
tained againsh the Surety on this in,,,tru-ment unless the sane bs brought or
ingtituted and process serv9d upcn Thp Surety within three (3) nonths after
the expirqtion of such maintenance puriod.
IN WITNESS 10KHEOF, said Principal and SurKy have signed and scaled this
instrument this 2T'J day of 000-1 ........ A.D.,
CT117EX
lf�TTTY
'N\ C A 5 0.0�I TY- km D 4 j
B'i
11TCH�:-..T H 17�;AD
ATTOLNEY-10FACT and RESIDENT AGEU'.,�
r THE A-M CASUALTY ANID SURETY COMPA".Y
Hartford, Connecticut 06115
L I C;A 4)J N IT Y
POVVER OF ATTOTU4EY AND CERTIFICATE OF AU11-10-R11Y OF Al'I'01MEY(S)-M-FACT
KNOW ALL MEN BY THESE PRESFNTS, Tm-,T THE ZETN.A.. CASUALTY ANID SURETY CO'-NIPANY, a colporation duly organized
under the laws of the State of Connecticut, and having its principal office in the City of Ilartford, County of Hartford, State of Connecticut,
hath made, constituted and appointed,and does by these presents raake, constitute and appoint Ilichael R. Mead or M. 1,oran
of Chicagol Illinois Jts true and lawful Attorneys-in-Fact, with full power and authority hereby con-
ferrcd to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there
desic-nated the following instrument (s)
by his sole signature and act, any and all bonds, recognizances, ca-itracts of indemnity, and other writings obligatory in the nature of a bond,
recognizance, or conditional undertaking, and any and all consents incident thereto not exceeding the sum of FIVE HUNDRFD
TEW301D ($5000000.00) DOTLARS
and to bind THE RTNA CASUALTY AND SURETY COMPA'NY, thereby as fully and to the same extent as if the same were signed by
the duly authorized officers of THE ff-,TNA 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 .b authority of the following provisions of the By-Laws of the Company which provisions are now in full
y I
force and effect and are the only applicable provisions of said By-Dws:
ARTICLE W—S,�ction 8. The President,any Vice President,or any Secretary may from time to time appoint Resident Vice Presidents, Resident Assistant Secre-
taries,Attorneys-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-
scriLe to si3n with the Company's name and seal with the Company's seal boads, recognizances, contracts of indemnity, and other writings oblig�-tciry in the
nature of a bor7d, recognizance, or cov.ditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and
revoke the power -and authority given him.
ARTICLE IV—Seccion 10. Any bond, reco3nizance, contract of indemn�ty, or writing obligatory in the nature of a bond, reco,nizance, or conditional un-
dertaking sliall be valid and. binding upon the Company when (a) signed by the President or a Vice President or by a Resident Vice President, pursuant to
the pc-w.er pr!:scrib-,d in the certificate of authority of such Resident Vice President, and duly attested and sealed with t:he Company's seal by a Secretary or
Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power pr�scrib,-d in the certificate of authority of such Residznt Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in 1,is or their certificate or certificates of
authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the fotlowing Resolution voted by the Board
of Directors of 1HEASTNA CASUALTY AND SURETY' COIMPANY at a meeting duly called and held on the 22nd day of November, 1968.
VOTED: Tbat the signature of William 0. Bailey, Senior Vice President,or of Andrew H. Anderson, Vice President, :)r of D. N. Gage, Assistant Vice Pres-
ident, or of Neil 14. Pfanstiel, Secretary, or of Benjamin 1. Radding, Secretary, or of Curtis K. Shaw, Secretary, and tlie seal of the Company may be affixed
by facsimile to any power of attorney or to any certificate relating thereto appointipg Resident Vice Presidents, Resident 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 b�-aring 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 ul?on the Company in the future with respect to any bond or undertaking to which
it is arv-.ched.
IN WITNESS WHEREOF, THE iETNA CASUALTY AND SURETY COMPANY has caused this instmment to be signed by its
Secretary and its corporate seal to be hereto affixed this 12th day of October 1 1970
THE ETNA CASUALTY AND SURETY COMPANY
State of Connecticut
Iss. Hartford By
County of Hartford f Secretary
On this 12th day of October 1970 , before me personally came CURTIS K. SHAW
to me known, who, being by me duly sworn, did depose and say: that he is Secretary of
THE JETNA CASUALTY AND SURETY COMPANY, the corForation 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
T
Notary Public
My commission if arch 31, 19 7
CERTIFICATE
1, the undersigned, Secretary of THE ATNA CASUALTY AND SURETY COMPANY, a stock
corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney aid Certificate of Au-
thority remains in full force and has not been revoked; and furthertnore, that Article TV—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 Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 22nd day of
Octobcr 119 70
CORN
Fecretar,-%r
CAT. 197259
(S-1922-B) (M) 1.69 PRINTED 1 N U.S�A.
L)
LOLL' �L Ly
To 'F`11r.�--
DEED OF CONVEYANCE
AND
BILL OF 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 acYnowledged, 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 identifie6 as Plan
Number - 4400-4 , dated February 25, 1 1969, which
plans axe 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 use forever
AND the company does hereby covenant with the Village
that is the lawful owner of and has good and marketable title to
said properties here.by 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 WITNESS WHEREOF, said CENTEX CORPORATION, has cau�ed
this instrument to be signed in its corporate naME1 by its
Authorized Agent and to be sealed witl� its corporate seal, all of
this 27th day of October 1970
CENTEX CORPORATION
(corporate . Scal) ,
Authorized Agent
2
STATE OF ILLINOIS
SS
COUNTY OF COOK
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 th!� 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 1970
3
RESOLUTION NO. 1-71
WHEREAS, the Village of Elk Grove Village, hereinafter referred to as
Municipality, located in the Co-anty of Cook and DuPage, State of Illinois,
desires to undertake, in the year 1971, the location, construction, operation
and maintenance of driveways and street returns, watermains, sanitary and
storm sewers, street lights, traffic signals, sidewalks, landscaping, etc. ,
on State highways, within said 1,1unicipality, which by law and/or agreement
come under the jurisdiction and control of the Department of Public 1�iorks -
and Buildings of the State of Illinois hereinafter referred to as Department,
and
luIMMEAS, an individual vorking permit must be obtained. from the Department
prior to any of the aforesaid installations being constructed either by the
14unicipality or by a private pcison or firm under contract and supervision
of the 1,4unicipality.
NOW, THEREFORE, be it reS
solved by the I.IUnicipality.
FIRST: That the 11,�Iunicipality hereby pledges its good faith and guarantees
that all work shall be performed in accordance with the conditions of the
permit to be granted by the department, and to hold the State of Illinois,
Department of Public ',-�orhs and Buildings, harmless on account of any damages
that may occur to persons or pro-�_erty during the prosecution of such work
and. assume all liability for damages to persons or property due to accidents
or otherwise by reason of the work which is to be performed under the
provision of said permit.
SECOND: That all authorized officials of the Municipality are hereby instructed
and authorized to sign said working permit on behalf of the Municipality.
I, -hereby certify
the above to be a true copy of the resolution
SEAL passed by the President and Board of Trustees
of Elk Grove Village.
Dated this 12th day of January A.D.1971.
L
P,�
A
IRREVO -.E COMMERClAT, LEITTEA? OF CIZE'DIT
AMOUNT To
U.S. ��20,CGO.00 64452
IT.S.
C111CA00,ILL.
TO of . 1� Grove Vil I aSe
Elk Grov- 14`11ce
Ill inois October 21, 1970
--------WE HEREBY AUTHOPIZE YOU TO DRAW ON---------
�Contina-nt-_.l D.Iirois National Ecnk, vmd Trust Co.apeny of Chica-0, Clhica-o, X-1-lit,016
------- MS NOT EXCEEDING 1i
DRAFTS AT Si,7"It---------------- -------;--FOR ANY SUM OR SUv
A TOTAL OF T-.,'antuy Thouse.-id and CO/I CO Dollar�-----------------------------------
ntion, 46co R-_pubij.c r ional Ban1k To-.T�,r, D'�Ilas
FOR ACCOUNT OF Centex Coroor -at
DRAFTS MUST BE-: ACCOMPANiED sy i.ivoiccs aI.-,-proved by E:aik of Ell: Grovz! Vill,�,,ze_
relatin, to installc.tion of a tnird lif'v of paveaent for Louis Avcnue from
Livaly Doulev-ard east to State RDute 83 and Jarvis A-venue from Livaly
U
Boulevard east to State Rov'11-e 8:3.
INSURANCE
ONC ORIGINAL BILL OF LADING WITH COMMIERCIAL INVOICE
MUST BE: SENT BY THE FIRST NEGOTIATING BANK BY AIR NIAIL DIRECT TO
j
AND A CERTIFICATE BY THE FIRST NEGOTIATING BANK STATING THAT THIS HAS BEEN DONE MUST ACCOMPANY
EACH DRAFT. ALL DRAFTS HEREUNDER MUST BE MARKED: "DRAWN UNDER CONTINE�-4TAL ILLINOIS NATIONAL BANK
AND TRUST COMPANY OF CHICAGO LETTER OF CREDIT NO. &1,452 DATED Octobor 21, 1970
EXCEPT AS OTHERWISE EXPRESSLY STATED, THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE
FOR COMMERCIAL DOCUMENTARY CREDITS FIXED BY THE INTERNATIONAL CHAF.?SZ-R OF CON11AFRCE."
THE AMOUNT OF EACH DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED HEREON AND THE PRESENTATION
OF EACH DRAFT. IF NEGOTIATED. SHALL ME A WARRANTY BY THE NEGOTIATING QANK THAT SUCH ENDORSE,'1�,NT HAS
BEEN MAn—= AND THAT DOCUIMENTS HAVE BEEN FORWARDED AS HERZ;N REQUIRZD: IF THE DRAFT IS NOT NEGOTI-
ATED THIS CREDIT MUST ACCOMPANY THZ DRAF
j
WE HEREBY ENGAGE WITH THE DRAINERS, ENDORSET�S AND BONAFIDE HOLDERS OF DRAFTS DRAWN UNDER AND IN COM-
PLIANCE WITH THE TERMS OF THIS CRFDIT THAT Th= SA"�_ SHALL E";E DULY HONORED ON DUE PR2S—_NTATION AND
DELIVERY OF DOCUPIZNTS AS SPECIFIED IF NEGOTIATED OR PRESENTED ON OR BEFORE Oct- 2 1975
I e c�
F
FOR C.S
C
-v -are E
'The J-k rove
i V box ---t-h
-atiginal of this letter of credit is in the saley Q�il
7