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Home My WebLink AboutRESOLUTION - 63-93 - 10/26/1993 - CERTIF OF APPROVAL/MAINTEN. LOC RESOLUTION NO. 63-93 A RESOLUTION ACCEPTING CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE; DEED OF CONVEYANCE/BILL OF SALE; MAINTENANCE LETTER OF CREDIT 00330003, AS AMENDED BY AMENDMENTS 2, 3, and 4, IN THE AMOUNT OF S51,536 EXPIRING OCTOBER 12, 1995 GUARANTEEING MAINTENANCE OF PUBLIC IMPROVEMENTS FOR MALLARD CROSSING SHOPPING CENTER 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 Conveyancp/Bill of Sale, and Letter of Credit No. 00330003, as amended by Amendments 2, 3, and 4, in the amount of $51 ,536 expiring October 12, 1995, guaranteeing the maintenance of public improvements for Mallard Crossing Shopping Center as described in the engineering plans and spPcifications 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. PASSED this 26th day of October 1993. APPROVED this 26th day of October 1993. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith VilTage Clerk- CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Mallard Crossing (Project NamelPhase. . . . . .etc. ) Request is hereby made by Hamilton Partners to the Village Of Elk Grove Village to approve the subdivision1project described above. Tile following information is submitted in support of this request: (x ) Deed of ConveyancelBill of Sale (x ) "As-Built" Engineering Drawings (3-print sets1l mylar set) Bill of Materials (Material type, Quantities & Cost) Maintenance Guarantee (Bond, Letter of Credit. . .etc. OWNER(S)IDEVELOPER(S) : Hamilton Partners ADDRESS: 300 Park Boulevard, #100 Itasca, IL 60143-2636 TELEPHONE: 708/250-9700 REFERENCE: Plan No. 1096 Sheets 27 Dated 12/11/92 & specifications. Prepared by Cowhey Gudmundson Leder, Ltd. and approved by the Village of Elk Grove village. Cont'd. . . . . . . IMPROVEMENT DESCRIPTION: ( X) watermain and Appurtenances (X ) sidewalk ( X) Sanitary Sewer and Appurtenances (i ) Street Lights ( X) Storm Sewer and Appurtenances (X ) Parkway Trees ( X) Roadway (Curb and Gutter) Ponds (DetentionlRetention Roadway (markings) (X 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. April 14, 1993 38423 (DATE) (IL. P.E. NO. ) (SIGNATU8&)...... 13 NIA- 3 R A WE, PROFESS;ONAL DEVELOPERIOWNER CERTIFICATION Z f, ENCI "F--R S I OF FIELD INSPECTORS CERTIFICATION % C, N 0\ I hereby certify 'hat I (we) have regularly inspected the above described improvements during the progress of construction and that to the best of mylour knowledge and belief the work has been completed in conformance with the approved plans and specifications. April 14, 1993 (DATE) (SIGNATURE) (TITLE) IDEED OF cbNVEYANCE/BILL OF Sxu KNOW ALL MEN BY THESE PRESENTS, that H.P. Elk Grove Limited Partnership (the "Developer") , located at 3 0 0 Park Blvd. , #100 , Itasca, IL 60143-2636 a n Illinois _(corporatio 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 sufficlency 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 rX7 Watermain and Appurtenances ry-7 LLi Sanitary Sewer and Appurtenances r1_7 Storm Sewer and Appurtenances 1� I Lift Station and Force Main Other SURFACE IMPROVEMENTS 71-T 11� Roadways (Curb & Gutter/Pavement) (Street Names) E Sidewalks r-VI 1 �1 Parkway Trees r-,7 Traffic Control/Street Signs storm water Retention/Detention Basins F-1 Other cont'd. . . -2- located in the Project known as Mallard Crossing Shopping Center (the "Project") as described on the "as-built" engineering plans prepared by Cowhey Gudmundson Leder, Ltd. located at 300 Park Boulevard Itasca, Illinois 60143 and dated 12/11/92 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 malketable 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 SalelDeed 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 day of ,t� 19 CORPORATE SEAL (NAME) (DATE) r�t-o S-/ d e-_1_r (TITLE) ATTEST: lie, NOTAWFF7C, L S Lavton SEAZora . (NAMEk (DATE) S Notary Publi , Stat�e of Uliaois MY COMMISS10,bpwe,may 28, 1994 DEVELOPER(S)IOWNER(S) (NAME) (DATE) VILLAGE INSPECTOR (N E) (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. 11-51 3 1,, 04- (DATE) �NAME) (-TITLE) APPROVAL AND ACCEPTANCE OF GOVERNING AUTHORITY The VILLAGE OF ELK GROVE VILLAGE does hereby approve and accept for m�intenance and operation the above described improvement. It is understood that the guarantee period of 24 months shall commence as �f the date of Village Board 4cceptance. 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 colls- 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 October 26, 1993 BY: Dennis J. Gallitano (DATE) F;RSTCHICAG50 INTERNATIONAL TRADE BAi AG The First National Bank of Chicago ...,—ONE NORTH DEARBORN - 9TH FLOOR, MAIL SUITE 0812 CHICAGO, ILLINOIS 60670-0812 U.S.A. Telex: TRT 190201 FNBC UT Swift Address: FNBCUS44 ITT 4330253 FNBCLI FAX: (312)407-1065 TEL: (312)407-3843 .AMENDMENT -DATE: OCTOBER 5, 1993 VILLAGE OF ELK GROVE VILLAGE DRAFTS DRAWN MUST BE MARKED: 901 WELLINGTON 00330003 ELK GROVE, IL 60007 OPENER' S REFERENCE NO� 00330003 GENTLEMEN: WE ARE INSTRUCTED BY H. P. ELK GROVE LTD. PARTNERSHIP 300 PARK BOULEVARD SUITE 100 ITASCA, IL 60143 TO AMEND CREDIT 00330003 AS ISSUED IN YOUR FAVOR. THIS AMENDMENT IS AN INTEGRAL PART OF THE ORIGINAL CREDIT. ALL OTHER TERMS AND CONDITIONS OF THE LETTER OF CREDIT INCLUDING PREVIOUS AMENDMENTS REMAIN UNCHANGED. AMENDED TERMS: AMOUNT DECREASED BY: U. S. DOLLARS 4, 156. 00 THE AMOUNT OF THIS LETTER OF CREDIT IS DECREASED TO AN AGGREGATE OF U. S. DOLLARS 51 , 536. UO EXPIRATION DATE: OCTOBER 12, 1995 IN PARAGRAPH TWO (2) , WHERE READING: "THESE MONIES ARE TO GUARANTEE THE MAINTENANCE OF PUBLIC IMPROVEMENTS FOR THE FOLLOWING PROJECT: " IS HEREBY AMENDED TO READ: "THESE MONIES ARE TO GUARANTEE THE COMPLETIO14 AND MAINTENANCE OF PUBLIC IMPROVEMENTS AND THE RESTORATION OF THE DETENTION PONDS FOR THE FOLLOWING PROJECT: ". IN PARAGRAPH THREE (3) , WHERE READING: 11 . . . HAS NOT BEEN SATISFACTORILY MAINTAINED IN ACCORDANCE. . . 11 IS HEREBY AMENDED To READ: ". . . HAS NOT BEEN SATISFACTORILY MAINTAINED OR COMPLETED. . . THE FOLLOWING IMPROVEMENTS LISTED IN THIS LETTER OF CREDIT ARE HEREBY DELETED: STREET LIGHTS TRAFFIC CONTROL (SIGNALS, SIGNS, MARKINGS) EXCAVATION (SOIL EROSION CONTROL, STOCKPILE) OTHER (RETAINING WALLS, ETC. ) THIS IS AMENDMENT NUMBER FOUR, NOTE TO BENEFICIARY: PLEASE NOTIFY US IMMEDIATELY OF YOUR ACCEPTANCE OF THIS AMENDMENT By SIGNING AND RETURNING THE ATTACHED Copy OF THIS AMENDMENT IN THE ENVELOPE PROVIDED. PLEASE BE ADVISED THAT, AS OF YET, WE ARE NOT IN RECEIPT OF YOUR ACCEPTANCE OF OUR AMENDMENT NUMBER THREE, COPY ATTACHED. THEREFORE, WE HAVE ENCLOSED COPY OF SAME FOR YOUR REFERENCE. PLEASE ALSO SIGN AND RETURN IN THE ENVELOPE PROVIDED. IF YOU (r.nNTTNV1PV)) PAC "'IIG�AAL E I �ARSTCHICAGO INTERNATIONAL TRADE BA NG The First National Bank of Chicago ONE NORTH DEARBORN -9TH FLOOR, MAIL SUITE 0812 CHICAGO, ILLINOIS 60670-0812 U.S.A. Telex: TRT 190201 FNBC UT Swift Address: FNBCUS44 ITT 4330253 FNBCUI FAX: (312)407-1065 TEL: (312)407-3843 OUR REF No. 0033DO03 DATE; OCTOBER 5, 1993 HAVE ANY QUESTIONS, OR WISH TO REFUSE THESE AMENDMENTS, PLEASE CONTACT HELEN RENKOSIAK AT (312) 407-5681 . YOURS VERY TRULY, P E AR UT 0 IZED SIGNER7 AUTHORIZE S N��R r A G