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HomeMy WebLinkAboutRESOLUTION - 83-84 - 11/27/1984 - ACCEPT PUBLIC IMPROVEMENTS BOND RESOLUTION NO. 83-84 A RESOLUTION ACCEPTING AND PLACING ON FILE A PUBLIC IMPROVEMENTS BOND FROM THE AETNA CASUALTY AND SURETY COMPANY, IDd18176N IN THE AMOUNT OF $139,000.00 GUARANTEEING THE COMPLETION OF PUBLIC IMPROVEMENTS IN THE LA QUINTA RESUBDIVISION (ADOPTED BY RESOLUTION NO. 49-84) 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 authorize the acceptance and placing on file a Public Improvements Bond ID#8176N in the amount of $139,000.00 to guarantee the completion of public improvements: watermain, sanitary sewer, and sidewalk in the La Quints Resubdivision, in accordance with the plans and specifications with revisions dated October 15, 1984 prepared by Advance Consulting Engineers, 7545 South Madison, Hinsdale, Illinois, 60521. Section 2: That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 27th day of November , 1984. APPROVED this 27th day of November , 1984. Michael A. Tosto Village President Pro Tem ATTEST: Patricia S. Smith Village Clerk ID#8176N PUBLIC IMPROVEMENTS BOND KNOW ALL MEN BY THESE PRESENTS: That, we La Quinta Motor Inns, Inc. , a Texas corporation, whose mailing address is Post Office Box 32064, San Antonio, Texas, 78216, as Principal, (the "Principal") and The Aetna Casualty & Surety Company, having its principal office and place of-business in the City of Hartford, Connecticut, and authorized to do business in the State of Illinois, as Surety, (the "Surety") are held firmly bound unto the Village of Elk Grove Village, Illinois, 60007 (the "Village") in the sum of ONE HUNCRED THIRTY-NINE THOUSAND DOLLARS ($139,000.00) lawful money of the United States well and truly to be paid unto said Village, for payment of which we bind ourselves, our successors and assigns, jointly, severally, and firmly by these presents. WHEREAS, the Village has granted to the Principal by Permit, permission and authority to construct, locate, operate, and maintain a construction project upon or adjacent to Illinois Highway 83 (Oakton Street) and Busse Road in Cook County, Illinois (the "Project") to be performed by Jenkins & Boller Company, Inc. , Route 41 and State Line Road, Russell, Illinois 60075, General Contractor. _. WHEREAS, the Village has entered into an Annexation Agreement dated July 9, 1984 with the Principal (the "Agreement") wherein the Principal has agreed to construct public improvements consisting of a Public Water Main, Public Sanitary Sewer and a Public Sidewalk all as described in the engineering plans and specifications with revisions dated October 15, 1984 prepared by Advance Consulting Engineers, 7545 South Madison, Hinsdale, Illinois, 60521, approved on October 18, 1984, and agreements, on the property legally described in Exhibit "A" attached hereto and made a part hereof, (the "Public Improvements"). WHEREAS, the Principal has agreed to complete the Public Improvements on or before eighteen (18) months from the date of approval of this bond by the Village. NOW, THEREFORE, the condition of the above obligation is such that if the said Principal shall do the work as described and specified in the Public Improvements on or before eighteen (18) months from the date of approval of this Bond, by the Village then the above obligation to be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, we have duly executed the foregoing this day of October, 1984. AITEST: LA QUINTA MOTOR INNS, INC. Assfstant ary Martin B. Carson (SEAL) Vice President - Design & Construction ATTEST: THE AETNA CASUALTY & SURETY CO. By: % / Wetness Its: ttorrnneey— nn--Faces, Lois R. Armstrong COUNTERSIGNATURE: Alfredc,Fosse, Illinois Resident Agent P THE /ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 LIFE&CASUALTY _ POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SHN-FACT KNOW ALL MEN BY THESE PRESENTS,THAT THE XTNA CASUALTY AND SURETY COMPANY,a corporation duly organized under the lawsof the State of Connecticut,and having its principal office in the City of Hartford,C3unty of Hartford,State of Connecticut,hath made,constituted and appointed,and does by these presents make, constitute and appoint Harry A. Boggs, Ben F. Joniety, Jr., Lloyd Koch, Stanley J. Pisano, Sr. , M. D. Gilsdorf, Lois R. Armstrong, Gary W. Wheatley or Frank E. Wolf - - 01 San Antonio, Texas ,Its true and lawful Attornsy(s1-in-Fact,with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there desig- nated ,the following instmment(a): by his/her sole signature and act,any and all bonds,recognizences,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance.or conditional undertaking,and any and all consents incidents thereto not exceeding the sum of SEVEN HUNDRED FIFTY THOUSAND ($750,000.00) 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 duly authorized officers of THE/ETNA CASUALTY AND SURETY COMPANY,and all the sets 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 Standing Resolutions of said Company which Resolutions are now in full force and attest• - VOTED:That each of thefollowing officers:Chairman,Vice Chairman,President,Any Executive Vice President,Any Senior Vim President,Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,may from time to time appoint Resident Vice Presidents,Resident Assistant Secretaries,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 prescribe to sign with the Comparry's name and seal with the Comparry's a"%bonds,recognizanees,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 ohaetors may at any time remove any such appointee and revoke the power and authority given him. VOTED:That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conciftionel undertaking shall be valid and binding upon the Company when la)signed by the Chairman,the Vice Chairman,the President,an Executive Vice President,a Senior Vice President, a Vice President,an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificateof authority of such Resident Vice President,and duly attested and sealed with theCompany's seal by a Secrateryor Assistant Secretary or by a Resident Assistant Secretary,pursuentto the power prescribed in the certificate oteuthority of such Resident AssistantSecretery;or(bl duly exaouted(under sal,if required)by one or more Attorneys-in-Fact pursuant to the power prescribed in his 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 following Standing Resolution voted by the Board of Directors of THE,ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers:Chairman,Vice Chairman,President,Any Executive Vice President,Any Senior Vice President,Any Vice President,Any Assistant Vies President,Any Secretary,Any Ase;stant Secretary,and the seal of the Company may be affixed by faesimlb to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attoms ys-in-Faetfor purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney orcertiflcate bearing such facsimile signature or facsimile sal shall be valid and binding upon the Company and any such power so executed and atrtifled 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 Assistant Vice President ,and its corporate seal to be hereto affixed this 23rd day of April 1982 °ti•: THE ,ETNA CASUALTY AND SURETY COWANY State of Connecticut / TI 1 as.Hartford Assistant Vice President County of Hartford 1 On this 23rd day of April. 19 82 before me personally came R. T. RIPPE to me known,who,being by me duly sworn,did depose and say:that he/she is Assistant Vice President ot THE ATNA CASUALTYAND SURETY COMPANY,the corporation described In and which executed the above instrument;that he/she knows the sal otsaid corporation;thatthe seal affixed to the aid instrument is such corporate sal;and that he/she executed the said Instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. - '-d jpr�ti fiBono •-.,«, do. mmission expires March 31,1984 Notary Public CERTIFICATE 1,the undersigned, Secretary of THE,ETNA CASUALTY AND SURETY COMPANY,a stock corporation of the Stab of Connecticut,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains In full force and has not been revoked;and furthermore,that the Standing Resolutions of the Board of Directors,as set forth in the Certificate of Authority,are now in force. Signed and Seated at the Home Office of the Company,in the City of Hartford,Stats nsetieut ated tit 30 day of t9 October 84 r' secretary ���- PRINTED IN U.S.A. (S-IMM(54 3-79 ....•••..,.,....: rXHIBIT A LEGAL DESCRIPTION TriAT PART OF THE SOUTH NEST 1/4 OF SECTION 23, TCWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL tiWRIDIAy, DESCRIBED AS FOLLOWS. 00 LM AT THE SOUTH '.,'EST CORNER OF THE SOUTH WEST 1/4 OF SAID SECTION 23; iNuNCE EAST ALONG T'r(E SOUTH LIN- OF SAID SOUTH WEST 1/4 123.70 FEET; THENCE NORTHERLY ALONG A LINE I,-{ICH FOF-S AN ANGLE OF 089 DEGREES, 41 MINUTES, 13 SECONDS TO Tn'E LEFT OF THE LAST DESCRIBED COURSE EXTENDED FOR A DISTANCE OF 78.50 TO A POINT OF BEGINNING; THENCE CONTINUINT NORTHERLY ALONG Ay EXTENSION OF THE LAST DESCRIBED COURSE 174.0 FEET; THENCE EASTERLY ALONG A LINE AT RIGHT ANGLES TO THE LAST DSECRIBED COLTRSE 38.06 FEET (MEASURE 37 .81 FEET) TO THE CENTER LINE OF OLD HIGGINS ROAD; THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF OLD. HIGGINS ROAD, BEING A LINE 50.0 FEET, MEASURED AT RIGHT ANGLES SOUTM,ES ERLY OF .r-ND PA ALLEL WITH THE SOUTHICFSTERLY LINE OF LOTS 2 AND 3 IN C.4'3 =N) C. RIC-: -RDSON'S SUBDIVISION OF PART OF THE SOUTH WEST 1/4 OF SECTION 23, =.FORESAID, A.CCCrDiNG TO THE PLAT THEREOF RECORDED AUGUST 7 , 1956 AS DOCU;fENT 16662336 IN BOCK 475 OF PLATS ON PAGE 22, 129.98 FEET TO 3N INTERSECTION WITH THE--SOUTHERLY EXTENSION OF TRE EAST LINE OF BUSSE ROAD AS WIDENED, BEING A LINE 25 . 0 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL WITH WEST LINE OF SAID LOT 2 IN GARLAND C. RICHARDSON'S SUBDIVISION, AFORESAID; THENCE NORTH ALONG SAID LAST DESCRIBED LINE 319 .39 FEET TO THE NORTH LINE OF SAID LOT 2 IN GARLAND C. RICY==.DSON'S SUBDIVISION, AFORESAID; THENCE EAST ALONG SAID LAST DESCRIBED NORTH LINE 65 .44 FEET TO THE SOUTM,ESTERLY LINE OF THE PERMANENT DRAINAGE EASEMENT K.NOWN_AS TOLLWAY PARCEL N-7A-33 . 1 , SAID SOIIir^nESTERLY LINE BEING A LINE 50.0 FEET, AS MEASURED AT RIGHT ANGLES SOUT.^WESTERI,Y OF :-N`D PARALLEL WITH THE SOUTI^IESTERLY RIGHT OF WAY LINE OF THE NORTHER`? ILLINOIS TOLL HIGEN'AY; THENCE SOUTHEASTERLY ALONG SAID L;ST DESCRIBED LINE 840. 05 FEET TO THE NORTH LINE OF OAXTON ST AS WIDENED, BEING A LINE 65 .0 FEET, AS MEASURED AT RIGHT ANGLES , NORTH OF A.N'D PARALLEL WITH THE SOUTH LINE OF THE SOUTH WEST 1/4 OF SAID SECTION 23; THENCE WEST ALONG SAID LAST DESCRIBED PARALLEL LINE 342 . 21 FEET TO T;:E SOLTaLESTERLY LINE OF SAID LOT 3 IN GARLAND C. RICHA?DSON'S SUBDIVISION DIVISION, AFORESAID; THENCE NORTti.I:ESTERLY ALONG SAID LAST DESCRIEED LINE 17. 73 FEET TO AN INTERSECTION WITH A LINE 78.50 FEET, AS K:ASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOLTH WEST 1/4 OF SAID SECTION 23; THENCE GEST ALONG SAID LAST LE;CRIF_D P9.°ALLEL LINE 252. 29 FEET TO THE FOINF OF BEGINNING, IN COOK CO"mi-Y, ILLINDIS.