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R-64-01 ACCEPTING CONVEYANCE AND TRANSFER OF PARKER ROAD WATER MAINRESOLUTION k61-4_0 l RESOLUTION ACCEPTING CONVEYANCE AND TRANSFER OF PARKER ROAD WATER MAIN WHEREAS, the President and Board of Trustees of the Village of Lemont approved Resolution R- 101 -00 on November 13, 2000, authorizing the execution of an Agreement between the Village of Lemont, K -Five Construction Corporation, and Cook -Golf Properties, Inc. for extension of a water main along Parker Road from Archer Avenue to Main Street; and WHEREAS, by the terms of said Agreement, upon completion of the water main extension, the Village of Lemont will accept transfer of the water main extension into the municipal water system of the Village of Lemont pursuant to the amended Annexation Agreement with K -Five Construction Corp. adopted by Ordinance 0 -9 -00 on February 29, 2000; and WHEREAS, K -Five Construction Corporation has submitted a bill of sale and has petitioned the Village for acceptance of the twelve inch water main and any extensions thereof in the public right of way; and WHEREAS, Village Staff and the Village Engineer have inspected the water main and improvements and recommend approval of the request. NOW, THEREFORE BE IT RESOLVED THAT the Village President and Board of Trustees hereby accept the Parker Road water main extension into the Village of Lemont municipal water system. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS on this 12th day of November , 2001. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES NAYS PASSED ABSENT v Approved by me this 12th day of November , 2001. Attest: Sev.24. 2001 1:29PM ANTONOPOULOS & VIRTEL PC BILL OF SALE No.1864 P 2 Sellers, K -FIVE CONSTRUCTION CORPORATION, of 13769 Main Street, Lemont, Illinois 60439 in consideration for the reimbursement of a certain public improvement as described in the FIRST AMENDED K -FIVE ANNEXATION AGREEMENT adopted by Village Ordinance 0-9 -00 dated February 29, 2000, K FIVE CONSTRUCTION CORPORATION hereby conveys and transfers to THE VILLAGE OF LEMONT, a twelve inch water main along with any extensions thereof in the public right -of -way as described in the FIRST AMENDED K -FIVE ANNEXATION AGREEMENT. Sellers hereby represent and warrant to Buyers that Sellers are the absolute owners of said property, that said property is free and clear of all liens, charges and encumbrances, and that Sellers have full right, power and authority to sell said personal property and to make this bill of sale. All warranties of quality, fitness, and merchantability are hereby excluded. �8T„ IN WITNESS WHEREOF, Seller has signed and sealed this bill of sale at L om a NT day of September, 200I I. ,Illinois this BY: .41 -Five %• structi PREs orporation (SEAL) State of Illinois } } ss. County of Cook } 1, /')ARK A. �SN�< co , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that G.E01 t E i'R ✓c, Xt. of K -Five Construction Corporation is 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 he signed, sealed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this .21'r" day of September, 2001. GFIVE M;t/.d.db'Mms. September 20, 2001 Mr. Gary Holmes Administrator Village of Lemont 418 Main Street Lemont, IL 60439 Dear Mr. Holmes: 13769 MAIN STREET • LEMONT, ILLINOIS 60439 • (630) 257 -5600 FAX (630) 257 -6788 www.k - five.net Enclosed you will find our schedule of the Village of Lemont — Parker Road Loan Account, along with a copy of Jim Cainkar's letter approving the work. This is being sent to keep you informed on the status of the loan and to request a call from you to discuss the handling of payments to be made by the Village in accordance with the amended annexation agreement. I have also enclosed a copy of the letter I have sent to John Antonopoulos requesting the necessary paperwork for the conveyance of the water main to the Village. Sincerely, ark A. Sniegow Vice President & Chief Financial Officer Enclosures K -FIVE CONSTRUCTION CORPORATION VILLAGE OF LEMONT PARKER ROAD LOAN ACCOUNT ACCOUNT BALANCE AS OF: Description 9/20/2001 Date of Novotny Approval Amount Estimate 1 Estimate 2 Estimates 3, 4, 5 Estimate 6, 7 SUBTOTAL Engineering TOTAL CONSTRUCTION AND ENGINEERING COSTS Interest calculated @ 7.0% since 09/11/01 BALANCE DUE AS OF SEPTEMBER 20, 2001 1/29/2001 2/26/2001 5/17/2001 9/11/2001 9/11/2001 $339,377.42 $22,536.63 $103,862.90 $72,489.65 $538,266.60 $39,775.00 $578,041.60 $997.72 $579, 039.32 IAV/c0Nsn/NG CIVIL ENGINEERS FRANK NOVOTNY 8 ASSOCIATES, INC. N \ M September 11, 2001 co O Mr. Gary Holmes c Administrator ca Village of Lemont 418 Main Street cc 4- Lemont, Illinois 60439 Re: Parker Road Water Main Extension co co Water Supply Service to K -Five Construction Company Payment Application No. 7 and Final co co Dear Gary: O M co Attached is a copy of the Payment Application No. 7 for the Village of ❑ Lemont's share of the Parker Road Water Main Project. The final cost of the N construction work is $538,266.66. The original project construction budget was $526,430.00. (The Cog Hill share of this project has been invoiced by K -Five to co Cook Golf separately.) cn The extra costs incurred were due to the under - estimation of the amount of landscaping required on the Cog Golf Property, and the need to compensate K -Five for removing and replacing stone in the water main trench that was left unpaved over winter. (This work was required to keep the trench area safe from Y snowmobile users on Parker Road over the winter.) 0 0 1 have reviewed the invoice and find that it accurately reflects the final work performed. Therefore, K -Five may release final payments to Airy's Construction with this approval, upon providing the necessary waivers and . payment verification to the Village, in fulfillment of the terms of the tri -party ❑ agreement. Also enclosed for your review are cancelled checks and invoices for engineering services paid by K -Five to Raymond - Beling Consultants. The total of these invoices is $39,775.00. The original engineering budget was $50,000.00. Thus, the total of the final construction costs ($538,266.66) and final N CO Mr. Gary Holmes Village of Lemont September 11, 2001 Page Two engineering cost ($39,775.00) represents K- Five's investment in this project, for a total of $578,041.66. Now is the proper time for K -Five Construction Company to deed the 12 -inch water main over to the Village of Lemont. If you have any questions concerning this matter, please feel free to contact me. Very truly yours, FRANK NOVOT 18, ASSOCIATES, INC. ainkar, P.E., P.L.S. JLC /debi Enclosures cc: Mr. Stephen May, P.E., w /Enc. Mr. John Antonopoulos, Esq., w /Enc. K -Five Construction Company, c/o Mr. Pat Finn, w /Enc. Mc Bride Engineering, c/o Ms. Mary McBride, w /Enc. Raymond - Beling Corp., c/o Mr. Randy Raab, w /Enc. Project File No. 99214 illAFIVE NCtuettooleopoitatv September 20, 2001 Mr. John P. Antonopoulos Antonopoulos & Virtel, P.C. 15419 127th Street, Suite 100 Lemont, IL 60439 Dear John: 13769 MAIN STREET • LEMONT, ILLINOIS 60439 • (630) 257 -5600 FAX (630) 257 -6788 www.k - five.net Enclosed you will find a copy of Mr. James L. Cainkar's letter, as engineer to the Village of Lemont with respect to the water main extension project on Parker Road, to Mr. Gary Holmes, Village Administrator indicating the final acceptance of the work performed by K -Five. In closing his letter, Mr Cainkar states, "Now is the proper time for K -Five Construction Company to deed the 12 -inch water main over to the Village of Lemont." Under paragraph G.4.(c.) of Village Ordinance No. 0 -9 -00 dated February 29th, 2000, it states, "After construction and inspection by the Village Engineer, the VILLAGE will accept conveyance of the water main and improvements by Bill of Sale. Upon acceptance, K -FIVE shall be relieved of any further responsibility for maintenance or repair." I am writing to request your assistance on behalf of the Village to immediately initiate the necessary paperwork to effectuate this transfer. Once again, thanks for your assistance in seeing to it that the Village lived up to the spirit of the original annexation agreement. Further, would you please be kind enough to give me a call to let me know when I can expect this documentation. Sincerely, r a Mark A. Sniegowsk. Vice President & Chief Financial Officer Enclosure Cc: Mr. Gary Holmes, Village Administrator