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Home My WebLink AboutRESOLUTION - 59-84 - 8/28/1984 - DEED OF CONVEY/BILL OF SALE/MAIN BOND RESOLUTION NO. 59-84 A RESOLUTION ACCEPTING A DEED OF CONVEYANCE/BILL OF SALE AND A MAINTENANCE BOND AND ACCEPTING FOR PERMANENT OWNERSHIP AND MAINTENANCE THE WATERMAIN AND APPURTENANCES; SANITARY SEWER AND APPURTENANCES; STORM SEWER AND AP- PURTENANCES; PERRIE DRIVE ROADWAYS (CURB b GUTTER/PAVEMENT) SIDEWALKS AND PARKWAY TREES INSTALLED IN THE VILLAGE OF ELK GROVE VILLAGE (REGENCY SQUARE PHASE II NORTH) AS DESCRIBED ON THE "AS-BUILT" ENGINEERING PLANS PREPARED BY HOOPER ENGINEERS LTD. , DATED OCTOBER 28 1983 WHEREAS, the Developer (Bianco Construction Company) has submitted a Deed of Conveyance/Bill of Sale and Maintenance Bond in the amount of $26,462.00, which will expire May 16, 1986, 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 ordinance pertaining ; and WHEREAS, the Developer has installed all public improvements as required by the Village, has made full payment of fees, and has submitted required As-Built Engineering Plans; NOW, THEREFORE, BE IT RESOLVED 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 a Deed of Conveyance/Bill of Sale and Maintenance Bond for public improve- ments as described on the "As-Built" engineering plans prepared by Hooper Engineers Ltd. , located at 34 W. Palatine Road, Palatine, Illinois and dated October 28, 1983, otherwise known as Regency Square Phase 11 North, (the "Project") . Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 28th day of August 1984. APPROVED this 28th day of August 1984. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk �. RECEIVED E. G. V. DEED OF CONVEYANCE/BILL OF SALE N 0 V 2 9 1983 ENGINEERING DEPT KNOW ALL MEN BY THESE PRESENTS, that BIANCO CONSTRUCTION COMPANY (the "Developer") , located at 1100 Industrial Drive, Bensenville, Illinois, an Illinois corporation, authorized to do business in the State of Illinois, for and in consideration of the sum of One Dollar ($1 .00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Sell , Transfer Over, Convey and Deliver unto the Village of Elk Grove Village (the "Village"), Cook and OuPage Counties, Illinois, a municipal corporation, to and for its own use forever the following: UNDERGROUND IMPROVEMENTS: Watermain and Appurtenances Sanitary Sewer and Appurtenances Storm Sewer and Appurtenances SURFACE IMPROVEMENTS: Perrie Drive Roadways (Curb b Gutter/Pavement) Sidewalks Parkway Trees located in the Project known as Regency Square Phase II North, (the "Project") as described on the "as-built" engineering plans prepared by Hooper Engineers Ltd. , located at 34 W. Palatine Road, Palatine, Illinois and dated October 28, 1983, which plans with "Bill of Materials" are incorporated by reference and made a part hereof. WHEREAS, the Developer does hereby warrant to the Village, it is the lawful owner of and has good and marketable title to the aforedescribed improvements; that the same are free from all encumbrances; that the Developer has the right to sell the same; and that the Developer warrants and will defend and hold harmless the Village against the lawful claims and demands of all persons with respect to the title here- by conveyed; and that the execution of this Bill of Sale/Deed of Conveyance is an authorized act of said Corporation, Individual or Partnership. IN WITNESS WHEREOF, the Village has caused this instrument to be signed and delivered this 28th day of November, 1983. BIANCO CONSTRUCT.IgN COMPANY November 28, 1983 By. ��d nt ATTEST: November 28, 1983 Susan Henriksen ACCEPTED BY: RESOLUTION NO. Village Official Date • MAnNrE<vANCE BOND JAN; t 7f 18$f f'� E ' RW ALL MEN BY THESE PRESENTS, That we, BIANCO CONSTRUCTION COMPANY (hereinafter called Principal) , as principal, located at 1100 Industrial Drive, Bensenville, Illinois, in the Village of Bensenville, County of DuPage, Sate of Illinois and UNITED STATES FIDELITY AND GUARANTY COMPANY, a surety ccmpan6 organized and existing under the Laws of the State of Maryland, with it principal office located at 100 Light Street in the av City of Baltimore, State of Maryland, and authorized to conduct a surety G. business in the State of Illinois, as surety, are indebted, held and �,• firmly bound unto the Village of Elk Grove Village (hereinafter called the Village) located at 901 Wellington Avenue in Elk Grove Village, P96nties of Cook and DuPage, State of Illinois, as obligee in the just full sum of n= SIX(S 6,462.00) lawful U. S. DoOUSAND llarsUR , for the payment which ED S= TWO AND 0's DOLLARS scan, well and truly to be made, that we as said principal and surety bind ourselves, our legal representatives, our respective heirs, administrators, executors, and successors and assigns jointly and severally, firmly by these presents. W&ERM. ,the said principal has: ONE Installed all public improvements in accordance with all Muni cipal,bistrict, County/State and Federal requires per the approved ingineering plans. Inspection Date Watermain & Appurtenances ($35,710.00) i_ia_ua Sanitary Sewer & Appurtenances ($41,429.00) 1-16-84 Storm Sewer & Appurtenances ($56,573.00) 1-16-84 Roadway (Curb & Gutter, Pavement) ($59,078.00) 1-16-84 IWT Sidewalk & Bikeway & Fire Lane ($11,530.00) 1-16-84 2 Street Lights ($ 4,500.00) 1-16-84 Parkway (Trees & Sod) ($3,160.00) 1-16-84 Excavation (Soil Erosion Control, ($52,637.00) 1-16-84 Stockpile, etc.) TWO Submitted an acceptable Bill of Sale/Deed of Conveyance for said impro;uiimts. THREE Submitted acceptable "as-built" engineering drawing prints (3 sets) and r por cible drawings. FOUR Submitted an acceptable Bill of Materials. FYI Submitted all Waivers of Lien for Contractor Labor and Material. 3"!X-Submitted al Material Testing Certifications (Pavement cores, density tests,concrete cylinder tests. . . . .etc.) FURTHER, that said Principal and Surety shall be held and firmly bound to guarantee against all errors, defects in workmanship and materials on these public/site improvements for a period of two (2) years and four (4) months. . FURTHER, it shall be a condition precedent to any right of recovery hereunder, that in the event of any default on the part of the Principal a written statement of the particular fact showing the nature of such default shall be delivered to the Surety by Registered/Certified Mail at it home office at Baltimore, Maryland, Attention: Claim Department. Surety agrees that upon receipt of said written statement it will promptly commence to immediately take any and all necessary steps to satisfactorily correct the deficiencies in the completed public improvements indentified by the Village Engineer, with all construction, legal and administrative costs being paid by the Surety. WHEREAS, it is further condition of this bond that any suit under this bond shall be filed within a period of one year after release of the Maintenance Bond. NOW, THEREFORE, if said Principal shall well, truly and promptly correct all errors/defects in material or workmanship, act or omission on this part of his contractor for the completed public/site improvements in the Regency Square Phase 2 North as shown on the "as-built" engineering plans to the satisfaction of the Village Engineer, then the obligations of this Maintenance Bond shall be dewed to be fulfilled and recommended for release by the Village President and Board of Trustees after the guarantee period. WHEREAS, the Village has the right to pursue against the Surety and to enforce the provisions of this bond in the State of Illinois. WHEREAS, the Surety does inde mify and save harmless the Village for all loss that the Village may sustain by reason of any error, defective materials or workmanship which becomes apparent during the guarantee period. and four 4 months NOW, THEREFORE, if the sai Principal (Developer) shall for a guarantee period of two (2) years from and after the date of the completion and acceptance of same by the Village (obligee) , replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void: otherwise to remain in full farce and effect. In Witness whereof, said Surety and Principal have executed this agreement, signed and sealed this 16th day of January , 19 84 . UNITED STATES FIDELITY AND GUARANTY CO. BIANCO CONSTRUCTION COMPANY By:* 1, ,: i. .-J- B James Scheer Title: Anent & Attorney in Fact Title: * Note: (1) If signed by Attorney in Fact, please attach a certified notarized copy of Power of Attorney with acknowledgement by Surety. (2) If property in a trust, attach a copy of the Trust Agreement. ATTEST: A Date Village Official Acceptance Resolution: (Title) to Village Official Release Resolution: (Title) to 10 ,r F+ t."yr'y�k-.^11y,'i !I. ,,.1�4 ,t..�",,. .'" 4`•a-�"-"-2:`4'"f a..uv,:_: i' Cj;931MD: COPY r 0Ft ATTORNEY'y No. g --- ». ..... »... *` I - + .'• .. organized and esiatitii ander the laws of the Ea It Mew br Daae i'rawwar COMPANY.a corporation baby conetitt" � appoint 13 SPATES FIDELPPY AND GUAihKry Tb"DNa*QST hg"n*its priae.94 owe at the OtY,of Baltimota in the Sate of Mar)lSchee and Mary D Ana S. Sa,e dMuy ,Sue guby': Ernest 17. Slaith, Samea -or, a is Shaver LaGraaBe Iylinoi» ± of p�uvn city nd yw[ol enamel g 3n and Lor'the Sate of d � 2 ATTORNEY-IN-FACT AFFIDAVIT �. a ILLINOIS Yer AE TE OR COMMONWALTH OF ea: COUNTY OR CITY OF CO K G"P " y and Guaranty Company, a Before me, a Notary Public, personally came of United Staten Fidelity ed and said that hie signer e 9 be the Attorney-in-Fact who depos were affixed by order f ,own to me, and known to and Guaranty Company bond is the aryland Corporation, which executed the attached bona hat Guthe execution of the attached � re and the corporate seal of saidBoard of Directors, any. of said Comp Y and Guaranty CompsaY• id authority , 18�• •ee act and deed of United Staten Fidelity day of J Given under my hand and seal this Public 3-21-87 M.., MY Cpmmisaion expiresr elm 7aa.876 {'�, ,',� f•wit4 hot6 of', .. ,;aR thr rid :tbW It was YIerEYaatdeta ------------------ ` f hdoce I�