city of novi city council · cheltenham drive, sarnia drive, and donnington court minutes of a...
TRANSCRIPT
CITY of NOVI CITY COUNCIL
Agenda Item H December 17,2012
SUBJECT: Acceptance of Wilshire Abbey Subdivision streets and adoption of Act 51 New Street Resolution accepting Cheltenham Drive, Sarnia Drive, and Dennington Court as public, addif\1~ f.7 l 1 linear feet or 0.5;~iles of roadway to the City's street system.
SUBMITTING DEPARTMENT: Department of Public Services, Engineering Division -e,--tv
CITY MANAGER APPROVAL: ~ BACKGROUND INFORMATION:
Mirage Development, LLC, developers for the Wilshire Abbey Subdivision has requested the dedication of Cheltenham Drive, Sarnia Drive, and Dennington Court and also requests that the City of Novi accept these streets as public assets. The right-of-way widths for each of the above streets are sixty (60) feet. These streets were proposed as public on the approved plat. (Portions of Cheltenham Drive and Sarnia Drive extend into an adjacent development and were previously dedicated and accepted as public streets.)
Wilshire Abbey streets have been constructed in accordance with City Standards, and according to the City Attorney's office, the related acceptance documents are in a form so as to permit acceptance by Council (October 4, 2012 letter from Beth Saarela, attached) . According to the city's consulting engineer, the streets meet city design and construction standards (Spalding DeDecker & Associates, Inc. July 10, 2012 letter, attached). The attached Resolution satisfies the Michigan Department of Transportation
· requirement for adding 2,711 linear feet or 0.51 miles of roadway to Act 51 funding.
RECOMMENDED ACTION: Acceptance of Wilshire Abbey Subdivision streets and adoption of Act 51 New Street Resolution accepting Cheltenham Drive, Sarnia Drive, and Dennington Court as public, adding 2,711 linear feet or 0.51 miles of roadway to the City's street system.
1 2 y N 1 2 y N MayorGaH Council Member Margolis Mayor ProTem Staudt Council Member Mutch Council Member Casey Council Member Wrobel Council Member Fischer
Novi 2010 Aerial Photograph
RGB - Red: Band_1
CITY OF NOVI
COUNTY OF OAKLAND, MICHIGAN
RESOLUTION
NEW STREET ACCEPTANCE
WILSHIRE ABBEY SUBDIVISION Cheltenham Drive, Sarnia Drive, and Donnington Court
Minutes of a Meeting of the City Council of the City of Novi, County of Oakland,
Michigan, held in the City Hall of said City on December 17, 2012, at 7:00 o'clock P.M.
Prevailing Eastern Time.
PRESENT: Councilmembers___________________________________________________________
ABSENT: Councilmembers___________________________________________________________
The following preamble and Resolution were offered by Councilmember
_________________and supported by Councilmember ___________________.
WHEREAS; the City’s Act 51 Program Manager is requesting formal acceptance of Cheltenham Drive, Sarnia Drive, and Donnington Court, local streets within Wilshire Abbey Subdivision, and, WHEREAS; that said are located within a City right-of-way that is under the control of the City of Novi; WHEREAS; that said streets were open to the public since 2004.
NOW THEREFORE, IT IS THEREFORE RESOLVED that the Mayor and Novi City Council hereby accept Cheltenham Drive, Sarnia Drive, and Donnington Court and direct such be included in the City’s public street system.
AYES:
NAYS:
2
RESOLUTION DECLARED ADOPTED.
_______________________________ Maryanne Cornelius, City Clerk
CERTIFICATION I hereby certify that the foregoing is a true and complete copy of a resolution adopted
by the City Council of the City of Novi, County of Oakland, and State of Michigan, at a
regular meeting held this 17th day of December, 2012, and that public notice of said
meeting was given pursuant to and in full compliance with Act No. 267, Public Acts of
Michigan, 1976, and that the minutes of said meeting have been kept and made
available to the public as required by said Act.
_______________________________ Maryanne Cornelius, City Clerk City of Novi
SPALDING DEDECKER ASSOCIATES, INC. 905 South Boulevard East • Rochester Hills • Michigan 48307 • Tel 248 844 5400 • Fax 248 844 5404
July 10, 2012
Mr. Aaron Staup Construction Engineering Coordinator Department of Public Services Field Services Complex - Engineering Division 26300 Delwal Drive Nevi , Ml 48375
Re: Wilshire Abbey Site Utilities and Pavement Recommendation for Acceptance Nevi SP No.: 97-0048 SDA Job No.: NV011-214
Dear Mr. Staup:
Please be advised that the sanitary manholes, gate valve and wells, hydrants, storm catch basins and pavement for the above referenced project have been repaired in accordance with the City of Nevi Standards and Details under the observation of SDA. At this time SDA finds the roads and utilities within this development to be acceptable.
In addition, SDA has performed 74.25 hours of inspection for an amount of $5,568.75 due. As well as inspection duties, SDA also performed CCA services as requested by the City. The CCA services totaled 28.75 hours for an amount of $2,731 .25. In total for services performed SDA has earned $8,300. See attached back up for specific detailed hourly breakdown. We request this amount be withheld for payment to SDA. We recommend the remaining amount be released.
Please note that we have not addressed any items related to landscaping, woodlands or wetlands because the appropriate City staff or consultants will need to address these issues.
If you have any questions, please do not hesitate to contact us at our office.
Sincerely,
SPALDING DeDECKER ASSOCIATES, INC.
~~ Contract Administrator
cc: Sarah Marchioni, City of Nevi- Building Department Clerk (e-mail) Marina Neumaier, City of Nevi- Assistant Finance Director (e-mail) Sheila Weber, City of Nevi- Bond Coordinator (e-mail) Robert West, City of Nevi- Water & Sewer Manager (e-mail) Claudio Rossi, Mirage Development (e-mail) SDA CE Job File
Engineering Consullants
JIRISIJ JOHNSON ROSATI SCHULTZ JOPPICH PC
34405 W. Twelve Mile Road, Suite 200- Farmington Hills, Michigan 48331-5627 Phone: 248.489.4100 I Fax: 248.489.1726
Elizabeth Kudla Saarela [email protected]
Rob Hayes, Director of Public Services Field Services Complex 26300 Lee BeGole Drive Novi, Michigan 48375
October 4, 2012
Re: Wilshire Abbey Subdivision- SP97-48 Street and Utility Acceptance
Dear Mr. Hayes:
www.johnsonrosati.com
We have received and reviewed the following documents for the conveyance of streets and utilities within the Wilshire Abbey Subdivision:
1. Bill of Sale for streets and paving 2. Commitment for Title Insurance 3. Maintenance and Guarantee Bond- Street Paving 4. Maintenance and Guarantee Bond- Water and Sanitary Sewer
Subject to the approval of the amount of the Maintenance and Guarantee Bond by Engineering, the above documents appear to be in order for acceptance. Once the streets have been accepted by City Council Resolution, the Bill of Sale, Commitment for Title Insurance, and Maintenance and Guarantee Bonds should be retained in the City's file. We will forward the original Bill of Sale to the City Clerk's Office for the City's file.
Please feel free to contact me with any questions or concerns in regard to this matter.
FARf·1IIlGTOil HILLS
Very truly yours, / ' J S;0~' OSATI, SCHULTZ & JOPPICH, P.C.
1/ ' ;:/ .
~ za eth K~Saarela
l A tl S I tl G l•lARSHALl
October 4, 2012 Page 2
EKS Enclosures C: Maryanne Cornelius, Clerk (w/Original Enclosures)
Sue Troutman, City Clerk's Office (w/Enclosures) Marina Neumaier, Assistant Finance Director (w/Enclosures) Charles Boulard, Community Development Director (w/Enclosures) Barb McBeth, Deputy Community Development Director (w/Enclosures) Sarah Marchioni, Building Permits Coordinator (w/Enclosures) Brian Coburn, Engineering Manager (w/Enclosures) Aaron Staup, Construction Engineering Coordinator (w/Enclosures) Sheila Weber and Kristin Pace, Treasurer's Office (w/Enclosures) Claudio Rossi, Mirage Development (w/Enclosures) Thomas R. Schultz, Esquire (w/Enclosures)
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that Mirage Development, L.L..C, a Michigan Limited Liability Company, whose address is 45380 W. Ten Mile Road, Ste. 135, Novi, Michigan 48375, for the sum of $1.00 One Dollar, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF NOVI, 45175 West Ten Mile Road, Novi, Michigan 48375, the street pavingaccording to the easements and/or public rights-of-way therefore established described as follows:
{Land situated in the City ofNovi, Oakland County, Michigan, being described as Wilshire Abbey as recorded in Liber 292ofPlats, Page 31 through 37, Oakland County Records, and lots 1 through 29 and 2 private parks, therein}
In witness whereof, the undersigned has executed these presents this Z ~ day of llu /L,tJ~7 '20 /4..
STATE OF MICHIGAN ) ) ss
COUNTY OF Cll4~t-.~ )
The foregoing instrument was acknowledged &Lt<!VQit:> i?.t!>66J • dl.Ef.t?1ft:>I?(Z._
.L-.L. .<:_ 'corporation.
Drafted by: Elizabeth KudlaSaarela 34405 W. Twelve Mile Road, Suite 200 Farmington Hills, MI 48331-5627
Signed by
MIRAGE DEVELOPMENT, L.L C a Michigan
(?bilhmp,my
before me this Zfrr.tt day of l/t.)6Llr::-7
, oo bob•lf 2£:: ~~~.v<: P~vz..6~
OI<JK<-t'IAJO County, Michigan My Commission Expires: 6 /.;oh.a 1 t>
Return To: Matyanne Cornelius, Clerk City ofNovi 45175 West Ten Mile Road Novi, MI 48375-302
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BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that Mirage Development, L.L.C., a Michigan limited liability company, whose address is 45380 W. Ten Mile, Ste 135, Novi, Michigan 48375, for the sum of $1.00 One Dollar, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey the CITY OF NOVI, 45175 West Ten Mile Road, Novi, Michigan 48375, all of the pipes, valves, joints and appurtenances attached to or installed in the ground as a part of the water supply system and sanitary sewer according to the easements and/or public rights-of-way therefore established described as follows:
{Land situated in the City of No vi, Oakland County, Michigan, being described as Wilshire Abbey as recorded in Liber 292 of Plats, Page 31 though 37, Oakland County Records, and lots I through 29 and 2 private parks, therein}
In witness whereof, the undersigned has executed these presents this 2.117'.tt day of /lv~tJ07 , 2012..
Signed by
MIRAGE DEVELOPMENT, L.L.C., a Michigan limited liability company ·
STATE OF MICIDGAN ) ) ss
COUNTY OF C'l'lk:t.;?N!J )
The foregoin~strument was acknowledged before me this 2. 8'.1-'f day of ,l/&.>i/6tJ$'1 20g by ~AcJ211:> tp~, P?lif'm&f%L ~ At,z&tG E: ~~A?Wtr7 __, ~ corporation on
behalf of said corporatlon. . ~ fL-'NOtllfYPUbiiC/~K f;? <IZ. .$.-Y
014K' ~ County, Michigan My Commission Expires: &::>/~/.2.~/ 'f)
Drafted by: Return To: Elizabeth. KudlaSaarela Maryanne Cornelius, Clerk 34405 W. Twelve Mile Road, Suite 200 City ofNovi Farmington Hills, MI 48331-5627 45175 West TenMile Road
Novi, MI 48375-3024
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LIBER __ ., PAGE SHEET 1 OF 7
WILSHIRE ABBEY SUBDIVISION PART OF THESE. 1/4 OF SECTION 29, T.1N., RSE., CITY OF NOV!, OAKLAND COUNTY, MICHIGAN
tAST 7/4. CORNER or SECTION 29 r. IN., ~ •• CJiY OF Nr)\lf, OAK!.Mt} COf.i'l'f'l, Ml LCI?,C: L./51174. P,I4S OAX!.AND CCUWTY RECORDS
LOCATION MAP i'IDT TO XAJ.£:
67615
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LIBER--, PAGE __ SHEET 2 OF 7
WILSHIRE ABBEY SUBDNISION PART OF THE S.E. 1/4 OF SECTION 29, T.1N., R.8E, CITY OF NOV!, OAKLAND COUN1Y, MICHIGAN
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LIBER __ , PAGE __ SHEET 3 OF 7
WILSHIRE ABBEY SUBDIVISION PART OF lHE S.E. 1/4 OF SECTION 29, T.1N, R.SE, CITY OF NOVI, OAKLAND COUNTY, MICHIGAN
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WILSHIRE ABBEY SUBDIVISION PART OF THESE. 1/4 OF SECTION 29, T.1N, R.SE, CITY OF NOV!, OAKLAND COUNTY, MICHIGAN
I OCA]ON MAP NOT TO :;cAt.~;
KEY PLAN
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NORTH 1/4 COfiNfR or srt:TION 29 T.IN., R.8£., CfTY OF NOW, OAA1.4NO COUNn; 1.1/ l..CR.C. !..16874, P-1~ O.«J.A/10 COUNTY Ra:oRDS
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N89"49'08"E
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WILSHIRE PARK WEST (PAIVA TIE)
All or WILSI11RE PARK 1\tsT (PRIVATE) IS SU8XCT TO• A PRIVI\T<: EASEMOO FOR PIJBUC UTIUnts; A PRIVATE EASEI.!ENT FeR STDRI.! WATER DETENTION, SURFACE ORA~AGE AND STORM SE\\tR IN FAVOR {)f THE CITY OF NOVI AND THI:: OAKLAND COUNTY DEPAR'UIENT OF' PUBUCS~INlC~!AND A ~.nAND PRESERVATlON"ANO WOODLAND PRESERVATION"EASEMENT TO ~E Cll'f OF NO'.I. (!!.('.ON L,.Zso.S P.ftr{
<',:. AN.b CONSER.VAiiOJ..l 'oc ~)
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LIBER __ ; PAGE __ SHEET .5 Of 7
WILSHIRE ABBEY SUBDIVISION PART OF THE S.E. 1/4 OF SECTIO~ 29, T.1N, RSE.,
CITY OF NOVI, OAKLAND COUNTY, M=<IC""H"'IGAN=~-~~
KEY PLAN
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.. RFGEIVED dCT 2 ··. 2012
TREASURER CI1YOF NOVI
MAINTENANCE AND ~UARANTEE BOND Bond //PB02452300255
The undersigned, · M~tage Development, LLC, , "Principal," whose address is 45380 W. Teri Mile Rd., Ste, 135, Novi, MI 4837,5 and Philadelphia Ind'emnity Insurance Company "Surety," whose address is 231 St. Asaph's Rd., Ste. lQO, Bala Cypwyd, PA X!®C_,willpaytheCityofNovi,
"Ci~,'' and its le§al ae~sentatives Ol' assigns, the sum of ~R!i ~8Z£tlo-!h£',!~!!!!~-~2--!!!!!!!:~----~!!~l:2!!~ · ($4{1, 221.38 ) in lawful currency of the United States of America, as provided in this Bond, for which payment we bind omselves, om heirs, executors, administrators, successors, and assigns, jointly and severally.
The Principal has constructed, or ·contracted to construct, certain improvements consisting ofHilshire Abbey - Streets withln the City ofNovi, shown on plans dat€d _________ .("Improvements").
The Principal, for a period of two (2) year(s) after said improvements and installations are accepted formally as a public improvement by the City ofNovi, by written acknowledgment, shall keep the improvements in good functioning order by immediately repairing any defect in same, whether due to improper or defective materials, equipment, labor, workmanship, or otherWise, and shall restore the improvements and any other property of the City or third persons affected by the defect(s) or repair(s), without expense to the City, whenever directed to do so by written notice from the City, served personally or by mail on the Principal and Smety at their respective addresses as stated in this Bond. Principal and Sw·ety consent to such service on their employees and/or agents.
If the repairs directed by the City are not· completed within the time specified in the notice, which shall not be less than one week from service of the notice, the City shall have the light to perform or secure the perfonnance of the repairs, with all costs and expenses in doing so, including an administrative fee equal to twenty-five percent (25%) of the repair costs, charged to and to be received from the Principal or Surety.
Emergency repairs that are necessary to protect life and property may be undertaken by the City immediately and without advance notic~ to the Principal and Surety, with the cost and expense of the repair, plus the administrative fee, to be charged to and received from the Plincipal or Smety.
Any repairs the City may perfonn as provided in this Bond may be by City employees, agents, or independent contractors. The City shall not be required to utilize competitive bidding UJJ!ess otherwise required by applicable law, with labor cost and expense charges when City employees are utilized to be based on the hourly cost to the City of the employee(s) perfonning the repair.
This Bond and the obligations of Principal and Smety under it shall be in full force and effect for the Improvements described above for two (2) year(s) from the time they are accepted formally as a improvement by the City of Novi, for defects discovered within that pe1iod for
which the City provides written notice to the Principal and Surety within fourteen (14) days of discovery of the defect.
It is a further condition of this Bond that ihe Principal and Surety shall fully indemnify, defend, and hold the City and its officers, officials, and employees harmless from· all claims for damages or injuries to persons or propetty arising from or related to the acts or omissions of Principal, its servants, agents, or employees in the construction or repair of the improvements, including claims arising under the worker's compensation laws of the State of Michigan.
. . This Bond was executed by the Principal and Surety on the dates indicated below, with
the authority of the persons signing this Bond confirme'd by the attachments hereto.
The date of the last signature shall be considered the date of this Bond, which is August 28, 20t2 ·
Date: August 28, 2012
Wl1NESS: L /~
Date: August 28, 2012
WI~~-
C:\NrPortblllmanage\BKUDLAI258026_2.POC
,.
p LLC.
By: Its: M G!-1-tbf-IL
SURETY: Philadelphia Indenu1ity Insurance Company
~.4M~ By: Michelle B, Graham Its: Attorney-in-fact
2
> ,, 01D' PHILADELPHIA !t.:;;! INSURANCE COMPANIES
PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite I 00 Bala Cynwyd, PA 19004-0950
Power of Attorney
1029
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corpomtion organized and existing tmder the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Willilm1 J. McNish, Suumne M, 1\Ioccrl, l\flchelle n. GrahRnt, Lois C, Drlnll, and Christina L.l\Iocerl of the 1\olcNish Group, Inc.,
Its true and lawful Attorney (s) in fact with f\1!1 tmthority to execute on its behalf bonds, tmdertakings, recognizances and other contracts of indemnity and \\Tilings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $3,000,000.00.
This Power of Attorney is granted and fs signed and sealed by facsimile under and by tho authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the llt. day of July, 2011.
RESOLVED:
FURTHER RESOLVED:
That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (I) Appoint Attomey(s) in Fact and authorize the Atlorney(s) fn Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any tfme, any such Attorney-in-Fact and revoke the authority given. And, be it
That the. signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with tho respect to any bond or undertaking to which it is attached,
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENTTO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 201 L
President '
Christopher J. Magt1ire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation.
On this 181H day of July 2011, before me came tho individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument Is the Corporate seal of s11fd Compnny; that the said Corporate Se-al and his signature were duly aflixed.
I, Cmig P. Keller, Executive VIce President, Chief Financial Ofticer and Secretary of PHJLADELPHTA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18TH day of July 20llare true and correct and are still in f\111 force and effect. I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date ofexectllion of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereon have subscribed my name and affixed !he facsimile seal of each Company this Q § day of AlJ61...JS\ 20~~
Exeoutlve Vice President, Chief Financial Offic~r& Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY
RE.CEIVE.D OCT 2 ~- 2012 TREASUHER MAINTENANCE AND GUARANTEE BOND CITY OF NOV! , . . Bond UPB02452300256 . The undersigned, . M~~age Development, LLC. ' "Principal,"
whose address is 45380 w. Teri Hila Rd., Ste. 135, Npvi, MI 4837,5 and Philadelphia Indemnity Insurance .company "Surety," whose address is 231 St. Asaph 1s Rd.,. Ste, lQO, JJala Cyj)wyd, PA. ~--'will pay the City ofNovi,
''Ci~" anclh itsd legal d rePresentatives or assigns, the sum of lfo . y-foui:-"1' ousan Two Hun red' Twenty-one ($ ) • 1 wful. f an ::s7Zluu----------~-------------------- 44,221.37 m a currency o
the United States of America, as provided in this Bond, for which payment we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally.
The Principal has constructed, or contracted to construct, certain improvements consisting of Wilshire Abbey - Utilities within the City of Novi, shown on plans dated ---------'("Improvements").
The Principal, for a period of two (2) year(s) after said improvements and installations are accepted formally as a public improvement by the City ofNovi, by written acknowledgment, shall keep the improvements in good functioning order by iminediately repairing any defect in same, whether due to Improper or defective materials, equipment, labor, workmanship, or otherWise, and shall restore the improvements and any other property of the City or third persons affected by the defect(s) or repair(s), without expense to the City, whenever directed to do so by written notice from the City, served personally or by mail on the Principal and Surety at their respective addresses as stated In this Bond. Principal and Surety consent to such service on their employees and/or agents.
If the repairs directed by the City are not completed within the time speeified· In the ·notice, wlrlch shall not be less than one week from service of the notice, the City shall have the right to perform or secure the performance of the repairs, with all costs and expenses in doing so, including an administrative fee equal to twenty-five percent (25%) of the repair costs, charged to and to be received from the Principal or Surety.
Emergency repairs that are necessat'y to protect life and property may be undertaken by the City Immediately and without advance notic~ to the Principal and Surety, with the cost and expense of the repair, plus the administrative fee, to be charged to and received from the Principal or Surety.
Any repairs the City may perform as provided in this Bond m,ay be by City employees, agents, or independent contractors. The City shall not be required to utilize competitive bidding unless otherwise.required by applicable law, with labor cost and expense charges when City employees are utilized to be based on the hourly cost to the City of the employee(s) performing the repair.
This Bond and the obligations of Principal and Surety under it shall be in full force and effect for the Improvements described above for two (2) year(s) from the time they are accepted formally as. a improvement by the City of No vi, for defects discovered within that period for
which the City provides written notice to the Principal and Surety within fourteen (14) days of discovery of the defect.
It is a further condition of this Bond that the Principal and Surety shall fully indemnify, defend, and hold the City and its officers, officials, and employees harmless from· all claims for damages or injuries to persons or property arising from or related to the acts or omissions of Principal, its servants, agents, or employees in the construction or repair of the improvements, including claims arising under the worker's compensation laws of the State ofMiohigan.
This Bond was executed by the .Principal and Surety on the dates indicated below, with the authority of the persons signing tllis Bond confirme'd by the attachments hereto.
the date of the last signature shall be considered the date of this Bond, which Is August 28, 2012 ·
Date: August 28, 2012
C:\NrPortblllmanageiBKUDLA\2S8026_2.DOC
,. 2
By: Its: tVI&-Mbt/L-
SURETY: Philadelphia Indemnity lnsurance Company
By: Hichelle B, Gl.'aham Its: Attol.'ney-in-fact
PHILADELPHIA lNSUltANCB COMPAN!BS
PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd,, Suite 100 Bala Cynwyd, PA 19004-0950
Power of Attorney
1030
KNOW ALL PERSONS BY THrum PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: WJI!Iam J, McNisJ1, Suzanne 1\f, Moceri, Michelle B. GrahAm, Lois C, Drlnl<, fmd Christina L. Moceri of the McNish Grouft1 Inc.,
Its tnm and lawful Atlomey (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligato!)' in the nature thereof, issued in the comso of its business and to bind the Company thereby, In t~n amount not to exceed $3,QOO.OOO.OO.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly catlcd the 11• day of July, 201 I.
RESOLVED:
FURTHER RESOLVED:
That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Altomey(s) in Fact and authorize the Attomoy(s) in Fact to execute on behalf of tho Company bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, tmy such Attorney.fn·Facl and revoke the atllhority given. And, be It
That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding \lpon the Company in the future with the respect to any bond or undertaking to which it Is attached.
IN TBSTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS IB'" DAY OF JULY, 20 II.
President 1
Christopher J. Maguire President Philadelphia Indemnity Insunmco Company, a Pennsylvania Corporation.
On this 18TH day of July 2011, before me came the individual who executed the preceding instrument, to 111e personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEJ\INITY INSURANCE COMPANY; that the seal affixed to said instrument fs the Corporate seal of said Company; that tho said Corporate Seal and his signature were duly affixed.
~-· ol
I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA lNDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18711 day of July 201 tare tme and correct and are still in fllll force and effect. I do t\lrthercertify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereofl have subscribed my name and affixed the facsimile seal of each Company !his ij ~ day of ~G.~ ST- 20\~
Ex«outive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY
Revision No. 1 Commitment for Title Insurance
Schedule A
File No: 63-12264109-MTC
Commonly Known As: , Novi
1. Effective Date: August 24, 2012, at 8:00am
2. Policy or policies to be issued:
(a)
(b)
OWNERS POLICY Proposed Insured: Informational LOAN POLICY Proposed Insured:
AMOUNT
$1,000.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple and tille thereto is at the effeclive date hereof vested in:
City of Novi and The Board of County Road Commissioners for the County of Oakland, as their interests may appear
4. The land referred to in this commitment is situated in the City of Novi, County of Oakland, State of Michigan, as follows:
All that land platted as Cheltenham Drive, Donnington Court and Barnia Drive, according to the pat of Wilshire Abbey Subdivision, according to the plat thereof as recorded in fiber 292, pages 31 through 37, both inclusive of Plats, Oakland County Records.
COUNTERSIGNED: GRECO TITLE AGENCY, LLC
~-~&u~w Debbie J. Dekiere AUTHORIZED SIGNATORY
GRECO TITLE AGENCY, LLC 118 Cass A venue
Mt. Clemens, MI 48043 Ph:(586) 463-7200 Fax:586-469-2492
Agent for: CHICAGO TITLE INSURANCE COMPANY
This commitment valid and binding for a period of 90 days from the date hereof. Thereafter it is void and of no effect. SCHEDULE A of this commitment-Page 1
Schedule B-1 (REQUIREMENTS)
The following requirements to be complied with:
1. Standard requirements as set forth in jacket.
File No: 63·12264109-MTC
2. Instruments necessary to create the estate or interest to be insured must be executed by, delivered and duly filed for record.
3. You must tell us in writing the name of anyone not referred to in this commitment who will get an interest in the Land or who will make a loan on the Land. We may make additional requirements or exceptions relating to the interest or the loan.
4. Taxes: Not examined.
GRECO TITLE AGENCY, LLC 118 Cass A venue
Mt. Clemens, MI 48043 Ph:(586) 463-7200 Fax:586-469-2492
Agent for: CHICAGO TITLE INSURANCE COMPANY
This commitment is invalid unless the insuring Provisions and Schedules A and 8~11 are attached. SCHEDULE 8-1 of this commilment--Page 2
Schedule B-11 (EXCEPTIONS)
File No:. 63-12264109-MTC
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company.
1. Rights or claims of parties in possession not shown by the Public Records.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete survey of the Land.
3. Easements or claims of easements not shown by the Public Records and existing water, mineral, oil and exploration rights.
4. Any lien, or right to a lien, for services, labor, or material, heretofore or hereafter furnished, imposed by law and not shown by Public Records.
5. Any and all oil, gas, mineral, mining rights and/or reservations thereof.
6. The lien, if any, of real estate taxes, assessments, and/or water and sewer charges, not yet due and payable or that are not shown as existing liens in the records of any taxing authority that levies taxes or assessments on real property or in the Public Records; including the lien for taxes, assessments, and/or water and sewer charges, which may be added to the tax rolls or tax bill after the effective date. The Company assumes no liability for the tax increases occasioned by the retroactive revaluation or changes in the Land usage or loss of any homestead exemption status for the insured premises.
7. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment.
8. Notice of Commencement relative to construction on subject property as recorded in Liber 31420, Page 25, Oakland County Records. Also Covers Other Land.
9. Terms, conditions and provisions which are recited in Storm Drainage Facility Maintenance Agreement for Wilshire Abbey Subdivision recorded in Liber 33885, Page 1, Oakland County Records.
10. Terms, conditions and provisions which are recited in Conservation and Preservation Easement recorded in Liber 35028, Page 807, Oakland County Records.
11. Terms, conditions and provisions which are recited in Ordinance recorded in Liber 9173, Page 602, Oakland . County Records. ·
12. Easements over subject property as shown on the recorded plat.
13. Easements for ingress, egress and utilities in the instrument recorded in Liber 33238, Page 261, Oakland County Records.
GRECO TITLE AGENCY, LLC 118 Cass A venue
Mt. Clemens, MI 48043 Ph:(586) 463-7200 Fax:586-469-2492
Agent for: CHICAGO TITLE INSURANCE COMPANY
This commitment is invalid unless the insuring Provisions and Schedules A and B-1 are attached. SCHEDULE 8-11 of this commitment--Page 3
Continuation of SCHEDULE B-II (EXCEPTIONS) CommitmentNo. 63-12264109-MTC
14. Covenants, conditions and restrictions and other provisions but omitting restrictions, if any, based on race, color, religion, sex, handicap, familial status or national origin as contained in instrument recorded in Liber 35168, Page 218 and amended in liber 367 41, page 688, Oakland County Records.
NOTE: The instrument recorded in Liber 35168, Page 218 recites that each lot owner shall be a member of the Subdivision Association.
NOTE: The instrument recorded in Liber 35168, Page 218 provides, among other things, for assessments to be made against each lot owner and for such unpaid delinquent assessments to constitute a lien against subject property.
NOTE: This commitment is issued for informational purposes only. Compliance with the requirements set forth herein will not result in the issuance of a final policy. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event exceed the amount paid for said information.
This commitment is invalid unless the insuring Provisions and Schedules A and B~I are attached. SCHEDULER-II of this commitment--Page 4
GRECO TITLE AGENC:'L
PRIVACY POLICY NOTICE
Greco Title Agency, LLC and its family of affiliated companies, respect the privacy of our customers' personal information. This Notice explains the ways in which we may collect and use personal information under the Greco Title Agency, LLC Privacy Policy.
Greco Title Agency, LLC as an agent for Chicago Title Insurance Company provides title insurance products and other settlement and escrow services to customers. The Greco Title Agency, LLC Privacy Policy applies to all Greco Title Agency, LLC customers, former customers and applicants.
What kinds of information we collect: Depending on the services you use, the types of information we may collect from you, your lender, attorney, real estate broker, public records or from other sources include:
• information from forms and applications for services, such as your name, address and telephone number
• information about your transaction, including information about the real property you bought, sold or financed such as address, cost, existing liens, easements, other title information and deeds
• with closing, escrow, settlement or mortgage lending services or mortgage loan servicing, we may also collect your social security number as well as information from third parties including property appraisals, credit reports, loan applications, land surveys, real estate tax information, escrow account balances, and sometimes bank account numbers or credit card account numbers to facilitate the transaction, and
• information about your transactions and experiences as a customer of ours or our affiliated companies, such as products or services purchased and payments made.
How we use and disclose this information: We use your information to provide you with the services, products and insurance that you, your lender, attorney, or real estate brokers have requested. We disclose information to our affiliates and unrelated companies as needed to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, to provide information to government and law enforcement agencies and as otherwise permitted by law. As required to facilitate a transaction, our title affiliates record documents that are part of your transaction in the public records as a legal requirement for real property notice purposes.
We do not share any nonpublic personal information we collect from you with unrelated companies for their own use.
We do not share any information regarding your transaction that we obtain from third parties (including credit report information) except as needed to enable your transaction as permitted by law.
We may also disclose your name, address and property information to other companies who perform marketing services such as letter production and mailing on our behalf, or to other financial service companies (such as insurance companies, banks, mortgage brokers, credit companies) with whom we have joint marketing arrangements.
How we protect your information: We maintain administrative, physical, electronic and procedural safeguards to guard your nonpublic personal information. We reinforce our privacy policy with our employees and our contractors. Joint marketers and third parties service providers who have access to nonpublic personal information to provide marketing or services on our behalf are required by contract to follow appropriate standards of security and confidentiality.
If you have any questions about this privacy statement or our practices at Greco Title Agency, LLC, please write us at: Greco Title Agency, LLC c/o 31440 Northwestern Highway, Ste. 150, Farmington Hills, Michigan 48334. Attn: Legal Resources.
(Effective January 201 0)