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R-44-09 Res. Accepting Covington Knolls Unit 6-B SubdivisionVILLAGE OF LEMONT RESOLUTION NO. R-4-4 chi A RESOLUTION ACCEPTING COVINGTON KNOLLS UNIT 6 -B SUBDIVISION ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 27TH DAY OF JULY, 2009 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, THIS 27TH DAY OF JULY, 2009 -1- RESOLUTION NO. P. 144- a1 A RESOLUTION ACCEPTING COVINGTON KNOLLS UNIT 6 -B SUBDIVISION WHEREAS, pursuant to the Subdivision Regulations, an owner or developer of a subdivision is required to deposit certain security or evidence thereof with the Village of Lemont to guarantee the installation of public improvements; and WHEREAS, in the matter of Covington Knolls Subdivision Unit 6 -B, located on the north side of 127th Street immediately east of the Lithuanian World Center, a Standby Letter of Credit No. S544027 issued by LaSalle Bank in the amount of $1,475,003.80 was deposited with the Village of Lemont to guarantee completion of public improvements in said subdivision; and WHEREAS, on the 26th day of February, 2007, the President and the Board of Trustees of the Village of Lemont reduced said letter of credit per Resolution R -26 -07 to $295,000.75; and WHEREAS, Terry Woolums, Vice President of Gallagher & Henry, the owner and developer of said subdivision, requested acceptance of Covington Knolls Unit 6 -B and the release of said Letter of Credit; and WHEREAS, authorized engineer of the Village of Lemont, James Cainkar, inspected certain portions of the improvements and recommends acceptance of said subdivision and, in accordance with the Unified Development Ordinance of 2008, the initiation of the two -year subdivision maintenance period; NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont, that the public improvements at Covington Knolls Unit 6 -B Subdivision are hereby accepted and that the Letter of Credit No. S544027 is hereby released with the following conditions: 1. Gallagher & Henry shall submit to the Village of Lemont a maintenance guarantee, in the form of a letter of credit or other financial guarantee as approved by the Community Development Director, in the 'amount of $20,000. This financial guarantee shall be valid for a period of at least two years from the date of approval of this resolution. 2. A bill of sale shall be provided 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 27th day of July, 2009. —2— Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio ATTEST: AYES NAYS PASSED ABSENT V 1 Approved by me this 27th day of July, 2009 BRIAN K. REAVE', Village President CHARLENE M. SMOLLEN, Village Clerk BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that Orchard Hill Building Company, d /b /a Gallagher & Henry, an Illinois partnership (hereinafter referred to as the "Developer "), in consideration of ONE COLLAR ($100) 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 Covington Knolls Subdivision, Units Six -A and Six -B, namely: All public improvements located within the Covington Knolls Subdivision, Unit Six -A and Six -B, a subdivision located North of 127th Street, east and west of Covington Drive, 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, with the exceptions noted, 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 Covington Knolls Subdivision, Unit Six -A and Six -B, located North of 127th Street, east and west of Covington Drive, Lemont, IL. FURTHER BE IT KNOWN: That Developer does hereby covenant that it is the lawful owner of the heretofore described 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 10th day of August, 2009. By STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, Marilyn Hager, a Notary Public in and for said County, in the State of Illinois, DO HEREBY CERTIFY that John D. Gallagher is 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 10th day of August, 2009. "OFFICIAL SEAL" Marilyn Hager Notary Public, State of Illinois My Commission Expires Aug. 15, 2011