R-1853 - 01/28/2020 - CONTRACTS - Resolutions Supporting DocumentsREVIEW OF CONTRACTS
FDepawarding Agency: rp e of Contract:
ment:Program/Account Number:
A rded Contract Price: Tjbudg;e7t4edd Amount:
Under $20,000 Q $500,001 - $1;000,000
20,000 - $500,000 0 Over $1,000,000
Name: ka Dater
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Date: ?p Zo 20
Name: Date: ......
Name: Date: 7 2 oZv
Three (3) Originals signed by other party Date/Initial O o k—S
Original provided to staff member for other party Date/Initial
Original provided to Official Files Date/Initia
Village of Oak Brook I Approved by Board of Trustees- Date/Initials:
VILLAGE OF OAK BROOK
CONTRACT FOR THE
GOLF BAR/EQUIPMENT RENOVATION PROJECT
Full Name of Contractor: Chicago Bar Shop ("Contractor")
Principal Office Address: 921 West Armitage Avenue, Chicago, Illinois 60614
Contact Person: Declan Morgan, President Telephone Number: (312)473-2277
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Sean Creed, Golf Club Manager/Superintendent
Contractor warrants and represents that Contractor has
carefully examined the Work Site described below and
has reviewed and understood all documents included,
referred to, or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner
specified and described, and upon the terms and 5. Miscellaneous. Do all other things required
conditions set forth, in this Contract, all of the following, of Contractor by this Contract; and
all of which is herein referred to as the"Work":
6. Quality. Provide, perform, and complete all
1. Labor, Equipment. Materials. and Supplies. of the foregoing in a proper and workmanlike
Provide, perform, and complete, in the manner, consistent with the standards of
manner specified and described in this recognized professional firms in performing
Contract, all necessary work, labor, services, Work of a similar nature, in full compliance
transportation, equipment, materials, with, and as required by or pursuant, to this
supplies, information, data, and other means Contract, and with the greatest economy,
and items necessary for the Golf efficiency, and expedition consistent
Bar/Equipment Renovation Project as therewith, with only new, undamaged, and
specified in Exhibit A attached hereto, at the first quality equipment, materials, and
Oak Brook Golf Clubhouse 2606 N. York supplies.
Road, Oak Brook, Illinois 60523 ("Work
Site");B. Performance Standards. Contractor
acknowledges and agrees that all Work shall be fully
2. Permits. The Village will furnish all provided, performed, and completed in accordance with
permits, licenses, and other governmental the bid dated January 19, 2020, attached hereto as
approvals and authorizations necessary in Exhibit A.
connection therewith;
C. Responsibility for Damage or Loss. Contractor
3. Bonds and Insurance. Procure and furnish proposes, and agrees, that Contractor shall be
all bonds and all insurance certificates and responsible and liable for, and shall promptly and
policies of insurance specified in this without charge to Village repair or replace, any damage
Contract; done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
4. Taxes. Pay all applicable federal, state, and a result of the Work.
local taxes;
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D. Insnection/Testine/Rejection. Village shall have understood and agreed that any final paymentstherighttoinspectalloranypartoftheWorkandtoshallonlybemadeuponcompletionofthework
reject all or any part of the Work that is, in Village's and final approval by the Village.judgment, defective or damaged or that in any way fails
to conform strictly to the requirements of this Contract All payments may be subject to deduction or
and the Village, without limiting its other rights or setoff by reason of any failure of Contractor to
remedies, may require correction or replacement at perform under this Contract. Each paymentContractor's cost, perform or have performed all Work shall include Contractor's certification of the
necessary to complete or correct all or any part of the value of, and partial or final waivers of lienWorkthatisdefective, damaged, or nonconforming and covering, all Work for which payment is then
charge Contractor with any excess cost incurred thereby, requested and Contractor's certification that all
or cancel all or any part of any order or this Contract. prior payments have been properly applied toWorksorejectedmaybereturnedorheldatContractor's the payment or reimbursement of the costs with
expense and risk.
respect to which they were paid.
2. Contract Price 3. Contract Time
Contractor acknowledges and agrees that Contractor Contractor acknowledges and agrees that Contractor
shall take in full payment for all Work and other matters shall commence the Work within 15 days (weather
set forth under Section 1 above, including overhead and permitting) following the Village's acceptance of this
profit; taxes, contributions, and premiums; and Contract provided Contractor shall have furnished to the
compensation to all subcontractors and suppliers, the Village all bonds and all insurance certificates specified
compensation set forth below. in this Contract ("Commencement Date"). Contractor
further acknowledges and agrees that Contractor shall
A. SCHEDULE OF PRICES perform the Work diligently and continuously and shall
complete the Work not later than April 15, 2020 ("Time
For providing, performing, and completing all of Performance"). The Village may modify the Time of
Work, the Not-To-Exceed Contract Price of Performance at any time upon 15 days prior written
189,071.15 notice to the Contractor. Delays caused by the Village
shall extend the Time of Performance; provided,
TOTAL CONTRACT PRICE (in writing): however, that Contractor shall be responsible for
completion of all Work within the Time of Performance,
One Hundred Eighty Nine Thousand Seventy- notwithstanding any strike or other work stoppage byOneDollarsandFifteenCentsemployeesofeitherContractororoftheVillage.
B. BASIS FOR DETERMINING PRICES 4. Financial Assurance
It is expressly understood and agreed that: A. Bonds. Contractor acknowledges and agrees
that Contractor shall provide a Performance Bond and a
1. All prices stated in the Schedule of Prices Labor and Material Payment Bond, on forms provided
are firm and shall not be subject to by, or otherwise acceptable to, the Village, from a surety
escalation or change;company acceptable to the Village, each in the penal sum
of the Contract Price, within 10 days following the
2. The Village is not subject to state or local Village's acceptance of this Contract.
sales, use, and excise taxes, that no such
taxes are included in the Schedule of Prices, B. Insurance. Contractor acknowledges and agrees
and that all claim or right to claim any that Contractor shall provide certificates of insurance
additional compensation by reason of the evidencing the minimum insurance coverages and limits
payment of any such tax is hereby waived set forth in Exhibit B within 10 days following the
and released; Village's acceptance of this Contract. Such policies shall
be in form, and from companies, acceptable to the
3. All other applicable federal, state, and local Village. The insurance coverages and limits set forth
taxes of every kind and nature applicable to Exhibit B shall be deemed to be minimum coverages and
the Work are included in the Schedule of limits and shall not be construed in any way as aPrices. limitation on Contractor's duty to carry adequate
insurance or on Contractor's liability for losses orC. TIME OF PAYMENT damages under this Contract. The minimum insurance
coverages and limits that shall be maintained at all
It is expressly understood and agreed that a times while providing, performing, or completing thedownpaymentof50% of the contract price is due Work are as set forth in Exhibit B.
at the time of receipt of order. It is expressly
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C. Indemnification. Contractor acknowledges and delinquency in the payment of any tax administered by
agrees that Contractor shall indemnify and save the Illinois Department of Revenue unless Contractor is
harmless the Village its officers, officials, employees and contesting, in accordance with the procedures
volunteers, against all damages, liability, claims, losses, established by the appropriate Revenue Act, its liability
and expenses (including attorneys'fee)that may arise, or for the tax or the amount of tax, as set forth in 65 ILCS
be alleged to have arisen, out of or in connection with 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
Contractor's performance of, or failure to perform, the Section 33E-4 of Article 33 of the Criminal Code of 1961,
Work or any part thereof, or any failure to meet the 720 ILCS 5/33E-1 et seq.
representations and warranties set forth in Section 6 of
this Contract. D. Qualified. Contractor has the requisite
experience, ability, capital, facilities, plant, organization,
D. Penalties. Contractor acknowledges and agrees and staff to enable Contractor to perform the Work
that Contractor shall be solely liable for any fines or civil successfully and promptly and to commence and
penalties that are imposed by any governmental or complete the Work within the Contract Price and
quasi-governmental agency or body that may arise, or be Contract Time set forth above.
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the 7. Acknowledgements
Work or any part thereof.
In submitting this Contract, Contractor
5. Firm Proposal acknowledges and agrees that:
All prices and other terms stated in this Contract are A. Reliance. The Village is relying on allfirmandshallnotbesubjecttowithdrawal, escalation, warranties, representations, and statements made byorchange. Contractor in this Contract.
6. Contractor's Representations and Warranties B. Acceptance. If this Contract is accepted,
Contractor shall be bound by each and every term,In order to induce the Village to accept this Contract, condition, or provision contained in this Contract.
Contractor hereby represents and warrants as follows:
C. Remedies. Each of the rights and remediesA. The Work. The Work, and all of its components, reserved to the Village in this Contract shall be
shall strictly conform to the requirements of this cumulative and additional to any other or furtherContract, including, without limitation, the performance remedies provided in law or equity or in this Contract.standards set forth in Subsection 1B of this Contract;
and shall be fit, sufficient, and suitable for the purposes D. Time. Time is of the essence in the performance
expressed in, or reasonably inferred from, this Contract of all terms and provisions of this Contract and, except
and the warranties expressed herein shall be in addition where stated otherwise references in this Contract totoanyotherwarrantiesexpressedorimpliedbylaw, days shall be construed to refer to calendar days and
which are hereby reserved unto the Village. time.
B. Compliance with Laws. The Work, and all of its E. No Waiver. No examination, inspection,
components, shall be provided,performed, and completed investigation, test, measurement, review, determination,in compliance with, and Contractor agrees to be bound decision, certificate, or approval by the Village, whetherby, all applicable federal, state, and local laws, orders, before or after the Village's acceptance of this Contract;
rules, and regulations, as they may be modified or nor any information or data supplied by the Village,amended from time to time, including without limitation, whether before or after the Village's acceptance of thisifapplicable, the Prevailing Wage Act, 820 ILCS Contract; nor any order by the Village for the payment of130/0.01 et seq.; any other prevailing wage laws; any money; nor any payment for, or use, possession, or
statutes requiring preference to laborers of specified acceptance of, the whole or any part of the Work by theclasses; any statutes prohibiting discrimination because Village; nor any extension of time granted by the Village;of, or requiring affirmative action based on, race, creed, nor any delay by the Village in exercising any rightcolor, national origin, age, sex, or other prohibited under this Contract; nor any other act or omission of the
classification; and any statutes regarding safety or the Village shall constitute or be deemed to be an acceptance
performance of the Work. Further, Contractor shall of any defective, damaged, or nonconforming Work, norhaveawrittensexualharassmentpolicyincomplianceoperatetowaiveorotherwisediminishtheeffectofanywithSection2-105 of the Illinois Human Rights Act representation or warranty made by Contractor; or ofduringthecourseofthework.
any requirement or provision of this Contract; or of any
C. Not Barred. Contractor is not barred by law
remedy,power, or right of the Village.
from contracting with the Village or with any other unit F. Severability. It is hereby expressed to be the
of state or local government as a result of (i) a intent of the parties to this Contract that should any
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provision, covenant, agreement, or portion of this K. Conflicts of Interest. Contractor represents and
Contract or its application to any Person or property be certifies that, to the best of its knowledge, (1) no elected
held invalid by a court of competent jurisdiction, the or appointed Village official, employee or agent has a
remaining provisions of this Contract and the validity, personal financial interest in the business of the
enforceability, and application to any Person or property Contractor or in this Agreement, or has personally
shall not be impaired thereby, but the remaining received payment or other consideration for this
provisions shall be interpreted, applied, and enforced so Agreement; (2) as of the date of this Agreement, neither
as to achieve, as near as may be, the purpose and intent Contractor nor any person employed or associated with
of this Contract to the greatest extent permitted by Contractor has any interest that would conflict in any
applicable law. manner or degree with the performance of the
obligations under this Agreement; and (3) neither
G. Amendments and Modifications. No amendment Contractor nor any person employed by or associated
or modification to this Contract shall be effective until it with Contractor shall at any time during the term of this
is reduced to writing and approved and executed by the Agreement obtain or acquire any interest that would
corporate authorities of the parties in accordance with all conflict in any manner or degree with the performance of
applicable statutory procedures. the obligations under this Agreement.
H. Assignment. Neither this Contract, nor any L. Exhibits and Other Agreements. If any conflict exists
interest herein, shall be assigned or subcontracted, in between this Agreement and any exhibit attached hereto
whole or in part, by Contractor except upon the prior or any other Agreement between the parties relating to
written consent of the Village. this transaction, the terms of this Agreement shall
prevail.
1. Governing Law: Venue. This Contract shall be
governed by, construed and enforced in accordance with M. No Disclosure of Confidential Information by the
the internal laws, but not the conflicts of laws rules, of Consultant. The Consultant acknowledges that it
the State of Illinois. Venue for any action arising out of shall, in performing the Services for the Village under
or due to this Contract shall be in the Circuit Court for this Agreement, have access, or be directly orDuPageCounty, Illinois. indirectly exposed, to Confidential Information. The
J. Certified Payrolls. Contractor shall, in Consultant shall hold confidential all Confidential
accordance with Section 5 of the Illinois Prevailing Wage Information and shall not disclose or use such
Act, 820 ILCS 130/5, submit to the Village, on a monthly Confidential Information without the express prior
basis, a certified payroll, if applicable. The certified written consent of the Village. The Consultant shall
payroll shall consist of a complete copy of those records use reasonable measures at least as strict as those the
required to be made and kept by the Prevailing Wage Consultant uses to . protect its own confidential
Act. The certified payroll shall be accompanied by a information. Such measures shall include, without
statement signed by the Contractor or subcontractor limitation, requiring employees and subcontractors of
which certifies that: (1) such records are true and the Consultant to execute a nondisclosure agreement
accurate; (2) the hourly rate paid is not less, if before obtaining access to Confidential Information.
applicable, than the general prevailing rate of hourly
wages required by the Prevailing Wage Act; and (3)
Contractor or subcontractor is aware that filing a
certified payroll that he or she knows to be false is a
Class B misdemeanor. A general contractor may rely
upon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor's false certification. Upon two
business days' notice, Contractor and each subcontractor
shall make available for inspection the records required
to be made and kept by the Act: (i) to the Village, its
officers and agents, and to the Director of the Illinois
Department of Labor and his or hers deputies and
agents; and (ii) at all reasonable hours at a location
within this State.
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IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK. an Illinois
have taus=
jzp,2020.
to be executed, municipal corporation
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effective o
ATTEST.
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11>4By:2
Village Clerk Village Manager
ATTEST: CHICAGO BAR SHOP f
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By: , ,fir i/l By:
Its: 'y J tpz) '-Its:
5
EXHIBIT A
BID DATED JANUARY 19, 2020)
6
I B I D
DATE:1/19/2020
SHOP INVOICE# 200117
921 W Armitage Ave
Chicago, IL 60614
Phone: 312-473-2277
CUSTOMER SHIP TO
Oak Brook Golf Course 2606 York Road Oak Brook, IL 60523
REQUISITIONER SHIP VIA F.O.B. SHIPPING TERMS
ITEM# DESCRIPTION QTY UNIT PRICE TOTAL
0.00
1 Front and Back Bar 1 75,000.00 75,000.00
0.00
2 Bar Equi ment and Walk-In Cooler 1 40,071.15 40,071.15
0.00
3 General Contractor Estimate 1 73,000.00 73,000.00
Plumbing, Electrical, Carpentry,Walls 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
SUBTOTAL 188,071.15
Other Comments or Special Instructions TAX RATE 0.00%
TERMS: TAX
Down payment of 50%of the contract price is due at time of receipt of order.
Balance due at time of delivery.
If this contract is not installed by Chicago Bar Shop, balance must be paid full by Freight 1,000.00
time of delivery. TOTAL 189,071.15
Work in progress cannot be changed without a written change order.
Payment
All architectural woodwork is guaranteed for a period of one year.
Balance:
Please Pay Now:
EXHIBIT 11
INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by
this exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee
working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of
the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as
specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or
permit insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work under the contract or permit, either by the contractor, permittee, or
their agents,representatives,employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and
property damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and
property damage;
C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the
Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the
Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses to the extent of such
deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
1)The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured;premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village,its officers,officials, employees,volunteers,or agents.
2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's
insurance and shall not contribute with it.
3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village, its officers, officials, employees,volunteers or agents.
4)The Insured's insurance shall apply separately to each covered party against whom claim is made or
suit is brought except with respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
7
volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has
been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees,
volunteers and agents as additional Insureds. Insurance :is to be placed with insurers with a Best's rating of no
less than A:VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting
coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to
be on forms approved by the Village and shall be subject to approval by the Village Attorney before work
commences. The Village reserves the right to require complete, certified copies of all required insurance policies,
at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
8
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Western Surety, Com any
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LICENSE AND PERMIT BOND
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KNOW ALL PERSONS BY THESE PRESENTS: Bond No. _.649/431i
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Thatwe, Specialty Woodworking, Inc.
6bFF of Bedford Park State of I linois as Principal,
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and WESTERN SURETY COMPANY, a corporation duly licensed to do surety business in the State of
Illinois _ as Surety, are held and firmly bound unto the
Village of Oak Brook State State of Illinois ___ _..___ _ as Obligee,in the penal
sum of Ten Thousand and 00/100 DOLLARS( 10 0.00.00
lawful money of the United States, to be paid to the Obligee, for which payment well and truly to be made,
we bind ourselves and our legal representatives, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the Principal has been
licensed Carpentry Contractor Village of Oak Brook
by the Obligee.
NOW THEREFORE, if the Principal shall faithfully perform the duties and in all things comply
with the laws and ordinances, including all amendments thereto, pertaining to the license or permit
applied for, then this obligation to be void, otherwise to remain in full force and effect until
February 12th 2021 ___, unless renewed by Continuation Certificate.
This bond may be terminated at any time by the Surety upon sending notice in writing, by First Class
U.S. Mail, to the Obligee and to the Principal at the address last known to the Surety, and at the expiration
of thi + ' ,days from the mailing of said notice, this bond shall ipso facto terminate and the Surety
sh ttp i ' lieved from any liability for any acts or omissions of the Principal subsequent to said
d s•.ej,Vie number of years this bond shall continue in force, the number of claims made
a+ s bothe number of premiums which shall be payable or paid, the Surety's total limit of
1— shall not emulative from year to year or period to period,and in no event shall the Surety's totalr$ Y Y P P F Y
liTty. +gi $xceed the amount set forth above. Any revision of the bond amount shall not be a
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Dateatris 12th day of February_.-_, 2020 9
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Specialty Woodworking Inc
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Paul T.Br at,Vice President
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ACKNOWLEDGMENT OF SURETYSTATEOFSOUTHDAKOTA
ss Corporate Officer)
COUNTY OF MINNEHAHA }
On this .._ 12th day of _ _ February 2020 before me,the undersigned officer,personally appeared _.._ Paul T. Bruflat who acknowledged himself to be the aforesaidofficerofWESTERNSURETYCOMPANY, a corporation, and that he as such officer, being authorized so to do,executedtheforegoinginstrumentforthepurposesthereincontained, by signing the name of the corporation by himself as suchofficer.
IN WITNESS WHEREOF,I have hereunto set my hand and official seal.
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1f L. Bauderr
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j SOUTH DAKOTA SEAL j Notary Public—South Dakota
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My Commission Expires January 29, 2022 ACKNOWLEDGMENT OF PRINCIPAL
STATE OF
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before me personally appeared
known to me to be the individual— described in and who executed the foregthat-. he___ executed the same.
oing instrument and acknowledged to me
My commission expires
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL
STATE OF—__ Corporate Officer)
COUNTY OF ss
On this _ day of
before me personally appeared
who acknowledged himself/herself to be the ____
a corporation,and that he/she as
such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signingthenameofthecorporationbyhimself/herself as such officer.
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