R-43-01 Approving acceptance of public improvements of stone creek of lemont subdivisionRESOLUTION NO p - 9-0i
RESOLUTION APPROVING ACCEPTANCE OF PUBLIC IMPROVEMENTS
OF STONE CREEK OF LEMONT SUBDIVISION
WHEREAS, the Village of Lemont has adopted Ordinance 456, the Subdivision
Regulations of the Municipal Code, to provide for the orderly growth of the Village and those
territories within one and one -half miles of the corporate limits; and
WHEREAS, in accordance with Section X of the Subdivision Regulations, the Village
Board of Trustees shall consider requests to accpt public improvements upon completion of same;
and
WHEREAS, J.B. Properties, as the developer of the property known as Stone Creek of
Lemont Subdivision, has submitted a bill of sale and has petitioned the Village for acceptance of the
public improvements in said subdivision; and
WHEREAS, Village Staff and the Village Engineer have reviewed Stone Creek of Lemont
Subdivision improvements for compliance with approved plans and the Lemont Subdivision Control
Ordinance and recommended approval of the request; and
WHEREAS, The Village will release all securities held to guarantee the public
improvements since they have been found to be satisfactory, excepting a five percent (5 %)
maintenance bond.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Lemont President and
Board of Trustees hereby accept Stone Creek of Lemont Subdivision in accordance with the terms
of the Lemont Subdivision Control Ordinance.
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 23rd day of July , 2001
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
AYES NAYS PASSED ABSENT
CHARLENE SMOLLEN, Village Clerk
Approved by me this 23rd day of July , 2001
Attest:
CHARLENE SMOLLEN, Village Clerk
JOH
ZZA, Village P
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that J.B. Properties, an Illinois partnership
(hereinafter referred to as the "Developer"), in consideration of ONE DOLLAR ($1.00) and other
valuable consideration, does hereby grant, sell, transfer and deliver unto the VILLAGE OF
LEMONT, an Illinois municipal corporation, the following goods, chattels and other items of
personal property in connection with the Stone Creek Subdivision, namely:
A. All public improvements located within the Stone Creek Subdivision located in the
Village of Lemont, such public improvements including but not limited to all sanitary
sewer and water lines, all storm sewer lines, all streets and street improvements, all
curbing, all sidewalks, all street lights, signs and parkway trees.
The object of this Bill of Sale is to grant, sell, transfer and deliver to the Village the ownership of
all items of personality that comprise the sanitary sewer, water distribution system, and street
system installed by the Developer to date within Stone Creek Subdivision located in the Village of
Lemont.
FURTHER BE IT KNOWN: That Developer does hereby covenant that it is the lawful
owner of the aforedescribed goods, chattels and personality; that such items are free from all
encumbrances; that it has the right to sell the same as aforesaid; and that it warrants and will
defend the act of said corporation.
DATED at Lemont, Illinois this 21st day of May, 2001.
J.B. Properties
By
Robert J. Wagner, Ge eral rtner
STATE OF ILLINOIS }
} SS.
COUNTY OF COOK }
I, Kathleen M. Taloff, a Notary Public in and for said County, in the State of Illinois,
DO HEREBY CERTIFY that Robert J. Wagner, General Partner of J.B. Properties personally
known to me to be the same 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 seal this 21st day of May, 2001.
tL
Nota Public
"OFFICIAL SEAL"
KATHLEEN M. TALOFF
COMMISSION EXPIRES 04 /20/05
1
Libe
�.
e
Bond rvicesT.
Member of Liberty :Mutual, Group
MAINTENANCE BOND Bond Number: 018 99 -94 -98
KNOW ALL MEN BY THESE PRESENTS, that we The Bogey Group, 13437 Red Fox Court, Lemont, IL 60439,
as principal (the "Principal "),and PEERLESS INSURANCE COMPANY, 62 Maple Ave., Kenne, NH 03431, a
mutual company duly organized under the laws of Keene, New Hampshire, as surety (the "Surety "), are
held and firmly bound unto Village of Lemont , as obligee (the "Obligee "), in the penal sum of
Seven Thousand and No /100 Dollars ($7,000.00), for the payment of which sum
well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has by written agreement dated , 20 , entered into a
contract (the "Contract ") with the Obligee for Maintenance of Division Court Cul -de -sac,
which contract is by reference made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall remedy without cost to the
Obligee any defect which may develop during a period of one year(s) from the date of completion and
acceptance of the work performed under the Contract, provided such defects are caused by defective or inferior
materials or workmanship, then this obligation shall be null and void; otherwise it shall be and remain in full force
and effect.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1. Obligee shall provide both Principal and Surety with written notice of the discovery (Notice of Discovery) of
any item of defective or inferior materials or workmanship during the covered period (a "Covered Item ").
Should Principal improperly fail to remedy the Covered Item, then Obligee shall make a written demand
upon the Surety ( "Demand ") within ninety (90) days of the Obligee's issuance of the Notice of Discovery of
the Covered Item.
2. The Notice of Discovery and the Demand shall be in writing and via certified mail to the Principal and to
the Surety. Notice to the Surety shall be delivered to the attention of the Surety Law Department at the
above address.
3. No suit or action may be commenced by the Obligee against the Surety after the expiration of one (1) year
(or such lesser time period as otherwise permitted by relevant law) from the date of Obligee's discovery of
a Covered Item. If the provision of this paragraph is void or prohibited by law, the minimum period of
limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
DATED as of this 27th day of April
WITNESS / ATTEST:
2001 .
The Bogey Group, Inc.
By:
Name: t`� -off, q^
Title:
40 P
(Principal)
(Seal)
PEERLESS INSURANCE COMPANY
(Surety)
By: (Seal)
Marlene G. Milligan, Attorney -in-Fa
LBS -5300 8/94 Rev.
s
SURETY COMPANY ACKNOWLEDGEMENT
STATE OF Ilinois
COUNTY OF DuPage
On this 27th day of April in the year 2001 before me personally came
Marlene G. Milli • an to me know, who, being by me duly sworn, did depose and say that he /she
resides in Lisle Illinois ; that he /she is the Attorney -in -Fact of the PEERLESS INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that he /she knows the seal of said corporation; that the seal
d to said instrument is such co . orate seal; that it was so affixed by order of the board of directors of said corporation and that
der.
f
he/she i DO ORES SANDOVAL to by lik
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires March 8, 2005
Notary Public
1
a THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ONOWHITE PAPER
KNOW..
.ME B
Hampshire Corporation` ha
appoint:.
* ** *James Koenig;
(v AV
POW .. OF ATTORNEY
THESE PRESENTS That Peerless, Insurance: Company and /cr The Netherlands In
ing its principal office in the 'City. of Keene, County of Cheshire, State of New Hampshii
aseph J. Zahn; Cathy .,_ Sellers; Marlene G. Milligan; Dolores Sandoval
ranee :Company; ;each being a NeW.
dotdoes hereby snake; eonstitute and
of Lisle in the State of Illinois their /its true and lawful attorney(s) -in -fact, with full
power and authority hereby conferred in their /its name, place and stead, to sign, execute, acknowledge and deliver in their /its behalf, and as their /its act and
deed, without power of redelegation, as follows:
bonds, undertakings, recognizances, contracts of indemnity, and all otherwritings obligatory in the nature thereof; unlimited
as to Dollar Amount: .,,
and to bind the Company(ies) making this appointment thereby as fully and to the same extent as sui bond /or imdertaking was signed by the du
authorized officers of the Company(ies), and all the acts of said attorney(s), pursuant tdtheaUtbAity eifigiVen, are, eby ratified and confirmed.
AUTHORITY FOR MAKING APPOINT T1 A1FT Ri ,841•I �AtT-
Section 7 of Article 3 of Bylaws of Peerless Insurance Company, as amended ay r 1997 \states\ "The.President of the Company may appoint and remove
Attorneys -in -Fact and assign to them and revoke as appropriate suclripties11pOwers,and aikthotjty`as' may be advantageous to the Company including the
execution and attestation of bonds, undertakings, recognizauce< coptrac oftin en%ity, and all other writings obligatory in the nature thereof and such
dc.,uments on behalf of the Company with power to redeleg dsu auihorif ." k,,,,,,-1' '11997 °°°I
Section 9 of Article 5 of Bylaws of The Netherlan s i urance Con any, n amended May o, and June 16, 1997, states: "The President of the
'Company may appoint and remove Attorneys4isFact, d as igp to heimand revoke as,apprdpriateiuch duties, powers and authority as may be advantageous
to the Company including the executiotl an ttatn of° dsy,undertakings reegniAapce, cdbfracis of indemnity, and all other writings obligatory in the
nature thereof and such docunietits on behal "`of tl Company with power to� jelegate'gknuli apthority
E ` USE OF FAC$11K1 GNeT`tJRES
Use of facsimile signature by I'eerlesraln a Company„i, made uruantlo l es,ilut'ion of the Board of Directors of Peerless Insurance Company, dated
April 28, 1988. Use of facsimile- signatures by The Netherlaaidsslitsurance o `tipa\iy" is made pursuant to Resolution of the Board of Directors of The
Netherlands Insurance Company dated April 28, 1988. ,
COMP N ' MAKING APPOINTMENT
The company making this appointment is identified by an "' in t;box opposite its name in the space provided below. It is the intent of Peerless Insurance
Company and The Netherlands Insurance Company to use this instrument for the appointment of Attorney(s) -in -Fact for either Company designated, or for
both Companies, if so indicated. In Witness Whereof
X PEERLESS INSURANCE COMPANY X THE NETHERLANDS INSURANCE COMPANY
has /have caused these presents to be signed by its President, and its Corporate Seal to be hereto affixed by its Secretary,
his 27th day of November , 2000
PEERLESS INSURANCE COMPANY
By:
THE NETHERLANDS INSURANCE COMPANY
President
Attest:
',y HAMPS Q0$'
yin,,,"
STATE OF NEW HAMPSHIRE
COUNTY OF CHESHIRE
The foregoing instrument was acknowledged before me this 27th day of November 2000
Christiansen President of Peerless Insurance Company and of The Netherlands Insurance Company and Jane F. Taylo
Company and The Netherlands Insurance Company, New Hampshire Corporations, on behalf of the corporations.
by Michael R
, Secretary of Peerless Insurance
Notary Public
I, Jane F. Taylor, Secretary of Peerless Insurance. Company and The Netherlands Insurance Company do hereby certify that
the above and foregoing is a true and correct copy of Power of Attorney executed by the Company(ies) designated above
which is still in force and effect. In witness_ whereof, I have hereunto set my hand and:: affixed. the Seal) of the Company(ies), 1`
at Keene; New Hampshire, this 27th" . day;of April 2001
� h98, itio;
THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW