HomeMy WebLinkAboutRESOLUTION - 78-71 - 11/23/1971 - PERM MAINT OF ARTHUR, LIVELY RESOLUTION NO. 78-71
A RESOLUTION ACCEPTING FOR PERMANENT WAINTENANCE THE STREETS, CURB AND
GUTTERS, DRAINAGE AND WATER MAINS INSTALLED PURSUANT TO ENGINEERING
DRAWING #4200-12
WHEREAS, the Developer and Subdivider has deposited a street maintenance
bond in the amount of $17,000.00 expiring on May 1 , 1974 a Letter of
Credit in the amount of $30,000.00, and a Deed of Conveyance to the Village
of Elk Grove Village as required by the Subdivision Control Ordinance and
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 streets and public improvements as shown on Elk Grove Engineering
Company drawing Number 4200-12 , dated September 15, 1969 located as gener-
ally described as follows:
Arthur Avenue located west of Illinois Route 83 from Illinois
Route 83 to Devon Avenue, and
Lively Boulevard located south of Pratt Boulevard and between
Pratt Boulevard and Devon Avenue
Section 2: This resolution shall be in full force and effect from
and after its passage and approval according to law.
PASSED this 23rd day of November , 1971 .
APPROVED this 23rd day of November , 1971 ..
Preside
ATTEST:
Village Clerk
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Bunk
312/439 1666/569 • 2190 O; r Arlington Heights Rd. & Higgins Rd. Elk Grove Village,Illinois 60007
Grove
November 19, 1971
Mr. Charles Willis, Manager
Village of Elk Grove Village
901 Wellington
Elk Grove Village, Illinois
Re: Commercial Letter of
Credit #1064613
Dear Mr. Willis:
Relative to the above captioned letter of credit wherein it
is stated that payment will be made upon invoices approved
by the Bank of Elk Grove, we will approve for payment any
invoices submitted under the terms of the letter of credit
that are acceptable to and approved by the Chief Engineer
for the Village of Elk Grove Village.
Should you have any questions at all relative to the above,
. do not hesitate to contact the undersigned.
Very truly yours, ;
Neil Cooney 3
President
NC:ma
ORIGINAL u
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d ���� BANK., November 15 1971 O
CONTINENTAL ttLINOISNATMNALBAVKANDTauSTCCYPANrOFCHICAGO 231SOUTH LASALLESTREET.CHICAGO.ILLIN0IS60690
CABLE ADDRESS-CONILL BANK TELEX 02.5233
CREDIT NUMBER—
" DOCUMENTARY CREDIT—IRREVOCABLE of Issuing Bank j of Advising Bank
ADVISING BANK 1064613 APPLICANT
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Centex Corporation
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4600 Republis National Bank Tower
Dallas, Texas 75222
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BENEFICIARY AMOUNT
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e of Elk Grove Village �. U.S. $30,000.00
Village g (Thirty Thousand and 00/100 U.S. Dollars)
Elk Grove Village
Illinois 60007
EXPIRY
Date
E Date November Thirtieth, 1976
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in for negotiation
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Dear Sir(s),
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N We hereby establish in your favor our Irrevocable Credit No. 1064613 which is
°Z available for negotiation of your draft at sight, drawn on Continental Illinoisim lC;
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National Bank and Trust Company of Chicago, Chicago, Illinois, bearing the clause:
E° "Drawn under Irrevocable Credit No. 1064613 and accompanied by:
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=E invoices approved by the Bank of Elk Grove as agent for work completed relating
b� to installation of a third lift of pavement for Arthur Avenue for State Route 83 '�
on East, West to Devon Avenue; also, Lively Boulevard from Pratt Boulevard on
dE the North, South to Devon Avenue.
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We hereby engage with drawers and/or bonafide holder's that ADVISING BANK'S NOTIFICATION
drafts drawn and ne^otiated in conformity with the terms of this
credit will be duly honored on presentation and that drafts ac-
cepted within the terms of this Credit wiit be duly honored at
maturity.
The amount of each draft must be endorsed on the reverse of
this credit by the negotiating bank.
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Yours faithfully
CONTINEN—AL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO 3.
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For Cashier_.
For Cash.er Place date,name and signature of adnsing bank
Original of this letter of crdit is in the Safety Deposit Box at the Bank of Elk Grove
100-439-99
THE ATNA "A \LTY AND SURETY C0%I?A%".
Hira, Connecticut 06115
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Lf FE&CASUALTY BOND NO. 8 S 109683 BCA
MArTTTT_TNAC:; '301M
KNOI•I ALL M, T BY TITrSE PRESyTTS, That we, C12 TFX CONSTRUCTION COIMPANY, ITTC. , of
Dallas, Texas, (hereinafter called the Princinal), as Principal and ?'R'I`TA
CASUALTY AND STJJ=-IY CC ,TA_-TY, a corporation or:;a.nized and existing under the laws
of the State of Connecticut, with its Principal office in the City of Hartford,
Connecticut, (hereinafter called the Surety), as Surety, are held and firmly
bound unto the VILIu"GF OF GROVE VILLALGE, ILLTIMIS, (hereinafter called the
Obligee), in the just amd full sum of THOUSAIM AID 110100 (5-17,000.00)
DOLLARS, to the p -meat of which sum, well and truly to be made, the said _Principal
and Surety bind the-nselves, and their respective heirs, adr:inistrators, executors,
successors and assi5 s, jointly and severally, firmly by these presents.
k kS, the Principal has entered into a certain wirtter. contract with the Obligee,
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for construction of pavement, curbs and gutters, storm drainage, sanitary sewer on
Arthur Avenue from State Route 83 on the Fast, '.lest to Devon Avenue; also Lively
Boulevard from Pratt Boulevard on the North, South to Devon Avenue.
WHEREAS, said Contract reouires said Principal to indemnify the Obligee a.- ins3t
defective materials and faulty worl=arship that may be found in said work for
period expiring May 1st, 1974.
NOW, T=- TFOR^, the condition of this obligation is svch, that if the said
Principal shall fully inder.^nif;y the Obligee for any loss it may suffer through
the failure of the Principal faithfully to observe and perform each and every
obligation and duty imposed upon the Principal by the said Iriaintenance guarantee,
then this obligation to be void; otherwise to remain in full force and virtue
in law.
PROVIDED, H0.•TF,VM, it shall be a condition precedent to any right of recove -j
hereunder that in event of any default on the Part of the Principal, a written
statement of particular facts showing; the date and nature of such default
shall be iznediately delivered to the Surety by registered mail at its Home
Office in the City of Hartford, Connecticut.
AND PROVID D, FURI-7R, that no action, suit or preceeding shall be had or main-
tained against the Surety on this inst=cent unless the sa-re be brought or
instituted and process served upon the Surety within three (3) months after
the expiration of such maintenance period.
IN WIT't LSS 'e.'IER EOF, said Principal and Surety have signed and sealed this
instrument this 26th day of October, A.D., 1971.
C4NT;;'X CMNSTP.17=077 CO'•T?JIY-, IITC.
BY.
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THF F.7TrTA CASUALTY AITD SUM= CO'::H27Y
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H. G. T:c�_ 1_71T n•.
ATTORTL'Y-TIT-PA_CT A2TD R SIDIuTT AGENT
L-24 7-C
r +�'"""" THE ATNA CASUALTY AND SURETY COMPANY
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Hartford, Connecticut 06115
UFE&CASL ARTY
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, THAT THE /ETNA CASUALTY AND SURETY COMPANY, a corporation duly organized
under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut.
hath made, constituted and appointed, and does by these presents make, constitute and appoint Vincent T. Reagen, Alfred R,
Fosse, A. P. Bulfin, H. G. McEntire, Robert J. Duffy, Thomas J. Croston or Michael R. Mead — —
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 tilled in, within the area there
designated , the following instrument (s):
by his sole signature and act. any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,
recognizance, or conditional undertaking, and any and all consents incident thereto
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 duly authorized officers of THE -ETNA 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,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-
scribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in tc:
nature of a bond, recognizance, or conditionai undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee aria
revoke the power and authority given him.
ARTICLE IV—Section 10. Any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional un-
dertaking shall be valid and binding upon the Companv when (a) signed by the President or a Vice President or by a Resident Vice President, pursuanr r)
the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary u:
Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority 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 cerrincates c:
authority.
This Power of Artornev and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Resolution voted by the Board
of Directors of THE ,ETNA CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 22nd day of November, 1968.
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 P.2s-
ident, or of Neil H. Pfanstiel, Secretary, or of Beniamin 1. Radding, Secretary,or of Curtis K. Shaw, Secretary, and the seal of the Company may be
by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys in-
Fact for purposes only of executing and attesting bonds and undertakings and ocher writings obligatory in the nature thereof, and any such power of am),r._:
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cerri^ei
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 attached.
IN WITNESS WHEREOF, THE -,ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its
Secretary , and its corporate seal to be hereto Iffixed this 12th day of August 19 71,
THE 'ETNA CASUALTY AND SURETY COMPANY
State of Connecticut I iq' i
IT t ,County of Hartford 6�
ss. Hartford Cox".
By Secreta,
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On this 12th day of August 19 71, before me personally came BENJAMIN I. RADDING
to me known, who, being by me duly sworn, did depose and say: that he is Secretary of
THE ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that 'r._
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.
_� ti
Notary Pubic
My commission exp' fa h 31. 19 75
CERTIFICATE
1, the undersigned, Secretary of THE AI TNA 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 Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 26th day of
October . 19 71
C.
Y et rY
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CAT. 1872.
(5-1922-5) (M) 1.69
PRINTED IN U 5 A.
• STATE OF_- Illinois
COUNTY OF Coo>r —OF—, ss. XP. �tllFl�
a Notary Public in and for said County and State, do hereby certify that
---------------- Resident Vice President, and
----------- --- - Resident Assistant Secretary,
H. G. ITc=IR7-- Attorney-in-Fact,
of THE /TTNA CASUALTY AND SURETY COMPANY,a•ho is personally
known to me to be the same person whose name s subscribed to the fore-
going instrument, appeared before me this day in person, and acknowledged
that he signed, sealed and delivered said instrument,for and on behalf of
THE ATMA CASUALTY AND SURETY COMPANY,-for the uses and purposes
therein set forth. }
Given under my, hand and notarial seal, this 25thday of Coto'l-
Notary Pub11c
CAT. 166430
45-1139-CI 5-69
iAy Commission Expires Dec. 24, 1971 PRINTED IN U.S.A.
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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 acknowledged, does
hereby grant, bargain, sell, transfer set over, assign, convey and
deliver unto THE VILLAGE OF ELK GROVE VILLAGE, Cook 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 - 12 , dated September 15 , 19 69, 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 use forever
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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 WITNESS WHEREOF, said CENTEX CORPORATION, has caused
this instrument to be signed in its corporate name by its
Authorized Agent and to be sealed with its corporate seal, all of
this 2nd day of November lg 71
CENTEX CORPORATION
_
(Corporate . Seal)
Authorized Agent
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STATE OF ILLINOIS )
SS
COUNTY OF COOK )
I� Joseph D. Allbright
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 2nd day of November 19 71
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