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HomeMy WebLinkAboutRESOLUTION - 74-92 - 11/24/1992 - RELEASE MAINTEN. BOND/CENTEX SUB 23B RESOLUTION NO. 74-92 A RESOLUTION RELEASING MAINTENANCE BONDS NO. 4928305-0001, 5007488-0001 AND 5007485-0001 ACCEPTED BY RES. 39-90 FOR CENTEX SUBDIVISION SECTIONS 23B RESUB 4, RESUB. 5 AND SECTION 27 NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That the President and Board of Trustees do hereby authorized the release of Maintenance Bonds No. 4928305-0001 in the amount of $57,561.00 for Centex Section 23B, Resub. No. 4; No. 5007488-0001 in the amount of $143,408.00 for Centex Section 23B, Resub. No. 5; and No. 5007485-0001 in the amount of $14,801.00 for Centex Section 27 (Easthamptons) accepted by Resolution No. 39-90 guaranteeing the maintenance of public improvements, all having expired May 21, 1992. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 24th day of November 1992. APPROVED this 24th day of November 1992. Charles J . Zettek Vi age President ATTEST: Patricia S. Smith Village Clerk •r' CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Section 27, EasthaRt tens (Project Name/Phase......etc.) Request is hereby made by Centex Real Estate Corp. d/b/a Centex Hcues to the Village of Elk Grove Village to approve the subdivision/project described above. The following information is submitted in support of this request: ( X) Deed of Conveyance/Bill of Sale ( X) "As-Built" Engineering Drawings (3-print sets/1 mylar set) ( X) Bill of Materials (Material type, Quantities & Cost) ( X) Maintenance Guarantee (Bond, Letter of Credit...etc. Centex Real Estate Corporation OWNER(S)/DEVELOPER(S): d/b/a Centex HOn-es ADDRESS: 2401 W. Hassell Rd. Suite 1542 Hofffian Estates, IL 60195 TELEPHONE: 708-882-7330 REFERENCE: AS-Duilts Plan No. Sheets Dated9/6/88 & specifications. Prepared by Henderson and Bedwell and approved by the Village of Elk Grove Village. Cont'd....... IMPROVEMENT DESCRIPTION: (X ) Watermein and Appurtenances (X ) Sidewalk (X ) Sanitary Sewer and Appurtenances (X ) Street Lights (X ) Storm Sewer and Appurtenances (X ) Parkway Trees (X ) Roadway (Curb and Gutter) (X ) Ponds (Detention/Retention (X ) Roadway (Markings) ( ) Other (Lift Station...etc.) CERTIFICATIONS: DESIGN ENGINEER'S CERTIFICATION To the best of my knowledge and belief, the construction of the -- above described improvement has been completed in accordance with the referenced approved plans and specifications.May 21, 1990 3 ga /8 Qw� (DATE) (IL. P.E. NO.) (SIGNATU ULA{J�� 98298 �A REGISTERED S44F.FSIONAL ENGINEER DEVELOPER/OWNER CERTIFICATION OF FIELD INSPECTORS CERTIFICATION I hereby certify that I (we) have regularly inspected the above described improvements during the progress of construction and that to the best of my/our knowledge and belief the work has been completed in conformance with the approved plans and specifications. May 21, 1990 `_ Lend Development Manager (DATE) (STGNATUt7EJ (TITLE) G DEED OF CONVEYANCE/BILL OF SALEI KNOW ALL MEN BY THESE PRESENTS, that Centex Real Estate Corporatia: d/b/a Centex Hanes (the "Developer"), located at 2401 W. Hassell p3. Ste. 1542 Hoffman Estates, TL 60195 a Nevada (corporation, partnership, individual) authorized to do business in the State of Illinois, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Sell, Transfer Over, Convey and Deliver unto the Village of Elk Grove Village (the "Village"), Cook and DuPage Counties, Illinois, a municipal cotpor- ation, to and for its own use forever the following: UNDERGROUND IMPROVEMENTS Watermain and Appurtenances ® Sanitary Sewer and Appurtenances Lai Storm Sewer and Appurtenances F1 Lift Station and Force Main Q Other SURFACE IMPROVEMENTS a Roadways (Curb 6 Gutter/Pavement) (Street .Fames) IE Sidewalks K❑ Parkway Trees Traffic Control/Street Signs Storm Water Retention/Detention Basins Other cont'd... G -2- located in the Project known as Section 27, EasthaTrptcns (the "Project") as described on the "as-built" engineering plans prepared by Henderson and Bodwell , located at _ 129 W. Diversey Elmhurst, IL 60126 and dated 9/6/88 which plans with "Bill of Materials" are incorporated by reference and made a part hereof. WHEREAS, the Developer does hereby warrant to the Village, it is the lawful owner of and has good and marketable title to the aforedescribed improvements; that the same are free from all encumberances; that the Developer has the right to Sell the same; and that the Developer warrants and will defend and hold harmless the Village against the lawful claims and demands of all persons with respect to the title hereby conveyed; and that the execution of this Bill of Sale/Deed of Con- veyance is an authorized Act of Said Corporation, Individual or Partnership. IN WITNESS WHEREOF, the Developer has caused this instrument to be signed and delivered this , day of 19_ CORPORATE May 21, 1990 SEAL (NAME) (DATE) Gary A. D les (TITLE) Executive Vice President ATTEST: ,U Dora Adelizzi �zvis NOTARY , l',J, May 21, 1990 SEAL fMAAJ$) W.T. Stapleton // - (DATE) ,-1 I DEVELOPER(S)/OWNER(S) A /--- May 21, 1990 (NAME) .. (DATE) Gary oles VILLAGE INSPECTOR �(N lE) (DATE) G -3- ASSISTANT VILLLAGE ENGINEER: CERTIFICATION All work required for this development has been inspected and found to be completed in a satisfactory manner. All documentation for acceptance has been submitted and found to be acceptable. G 45/90 �YJa� nor_/v o2f 7/ Q(��Ano fm�i�r spit (DATE) (� (/(NAME)(% (TITLE) 0 APPROVAL AND ACCEPTANCE OF GOVERNING AUTHORITY The VILLAGE OF ELK GROVE VILLAGE does hereby approve and accept for maintenance and operation the above described improvement. It is understood that the guarantee period of 24 months shall commence as of the date of Village Board acceptance. It is also understood that this approval and acceptance covers only the specific work indicated above and is subject to a final punch list being made concerning adjustment, alignment and necessary repairs of all structures, boxes, hydrants, act. Acceptance of maintenance by the Village does not relieve the developer from the responsibility of keeping all dirt and debris due to cons- truction operations out of both storm and sanitary sewer systems. Final accept- ance of the subdivision or other general development is conditional upon com- pleting all indicated items on the final punch list. It is the responsibility of the owner or developer to request the final punch list to be made. No re- fund of maintenance escrow monies will be made until all items in the final punch list have been corrected. VILLAGE OF ELK GROVE VILLAGE BY: (DATE) rte:. SAFECO INSURANCE-COMPANIES a — - SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA ,__ ej0[]748 rJ—DOQ1 MME OFFCF Aso SPOOK LYN AVE N .Is ATT EE.VI".110TON"IM Bond NO. MAINTENANCE BOND KNOW ALL AfENB Y THESE PRESENTS, That we, Centex Homes Enterprises, Inc. 2401 Hassell Road, Suite #1542, Hoffman Estates, IL 60195 as Principal, and SAFECO INSURANCE COMPANY OF AMERICA,a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of Illinois _ as Surety,are held and firmly bound unto Village of Elk Grove Village as Obligee.in the penal sum of Fourteen Thousand Eight Hundred One and 00/100----- ----------------------------------------------- ---- -------------------- (514,801.00– 7, to which payment well and truly to be made we do bind ourselves,our and each of our heirs,executors,administrators. successors and assigns jointly and severally,firmly by these presents. - WHEREAS,the said Principal entered into a Contract with the Village of Elk Grove Village dated for Section 27 WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of Heads)after approval of the final estimate on said job.by the owner,against all defects in workmanship and materials which may become apparent during said period.and WHEREAS,said Contract has been completed.and was approved on day of 19— Now. . NOW. THEREFOR£. THE COADITIO.N OF THIS OBLIGATION IS SUCH, That, if the Principal shall indarnnify the Obligee for all loss that the Obligee may sustain by' reason of any defective materials or workmanship which beco:nc apparent during the period of 9 years)from and after MaV 21, 1990 then this obligation shall be void,otherwise to remain in full force and effect. I Signed,sealed and dated this 21st day of Diav 19 9.0./, Centex Hees Enterpr'ses, Inc. 15ea11 X _(Sean SAFECO INSURANCE COMPANY OFAMERICA I,,J06Ann T. Fick—'Attorney.; - , ® POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERIC HOME OFFICE SAFECO PLAZA SAFECO SEATTLE.WASHINGTON 98185 No. _-7591_ KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA;.od GENERAL INSURANCE COMPANY OF AMERICA.each a Washington corporation,does each hereby appoint -------ROBERT K. MILLER; ROBYN L. SCHLIEBEN; BRENDA D. HOCKBERGER; SARAH B. YIRCOTT; JOSEPH A. GASKILL, III; JoANN T. FICK, Chicago, Illinois--------------------- . its true and lawful auorneylsl-in-fact,with.full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issu^d in the course of its business,and to bend the respective company thereby IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents 11th September 89 this —.____..____.. .—tiny of STATE DT COUNTY of _ n, May 19gQ_. before me personally appeared On this 21St dal' of Jo Ann T. Fick known to me to be the Attorney-IS' the Corporation that Fact of Safeco Insurance COmpanu, of America executed the within instrument, and acknowledged to me that such corporation executed itt a same. and affixed my official seal , at my IWI,NESS WHEREOF, I have hereunto set my hand Office in the aforesaid county, the day and year in this certificate first above written. OFFICIAL _ i BR Ff'JA D. H 1'1 n iDn ! l7/g [��0�1.�' p— ��— PI01;flPj9L10 °7 r Notary Public) U __ ________________ _U INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,antl that both the By-Laws,the Resolution and the Power of Attorney are still in full force antl effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of scid corporation this 21st day of _ _ May_ 19 90 s stn neos ee • ® SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA JAFECO HOME OFFICE:SAFECO PLAZA SEATTLE,WASHINGTON 98185 BOND NO: 5007485 SUBDIVISION PERFORMANCE BOND COMPLETION GUARANTY ---------- BOND NUMBER ------------- DATE ____ _______DATE AMOUNT $148014.00 PROJECT NAME SECTION 27 COMPLETION DATE AUGUST 1, 1989 NO EXPIRATION DATE __________________________________________________________________ KNOW ALL MEN--B"' THESE PRESENTS, That we, CENTEX HOMES ENTERPRISES INC. (hereinafter called the Principal) , as Principal, located at 887 WilmetteSuite C,_ in the City of Palatine, County of Cook State of Illinois, and Safeco Insurance Company of America (hereinafter called the Surety", a surety company organized and existing under the Laws of the State of Washington, with its principal office located at the Blanchard Building in the City of Seattle, State of Washington, and authorized to conduct a surety business in the State of Illinois, as surety, are indebted,. held and firmly bound unto the Village of EIV; Grove, hereinafter called the "Village" (Obligee) located at 901 Wellington Avenue in Elk Grove Village, Counties of Cook and Dupage State of Illinois, as obligee in theust and full sum of $169,263.06 (ONE HUNDRED SIXTY-NINE THOUSAND TWO HUNDRED SIXTY-THREE) Lawful U. S. Dollars, for the payment of which sum, well and truly to be made that said Principal and surety bind ourselves, our legal representatives, our respective heirs, administrators, eX;CUtors and successors, and assigns jointly and severally, firmly by these presents, WHEREAS, Surety hereby agrees that no modifications, omissions, or Additions in or to the engineering plans and specifications referred to herein, shall in any manner affect the obligations of Surety on it's bond. FURTHER, that said Principal shall fully indemnify, save harmless, and Surety shall reimburse said Village of Elk Grove Village for any loss that said Villear of Elk Grove Village may suffer through the failure of said Principal to faithfully and properly perform the installlation of the public site improvements as described above. The Surety shall reimburse said Village for any loss that the Village may suffer through the failure of said Principal to faithfully observe and perform each and every obligation and dutyy imposed upon the Principal to satisfactorily construct said publir_ site improvements, by the first day of August, 1989, hereinafter called "Completion Date". FURTHER, in consideration for tF,e principals satisfactory installation of the aforementioned improvements, the Village of Elk Grave shall with accompanying documentation, valid waivers of lien approve bond resolution request=_ in incrementtal sums for the completed underground and surface improvements. WHEREAS, the condidtions of this is such that. the above bounded Principal has filed a roved engineeringg pglans and specification for the project" titled SECTION 27 EASTHAMFTONS with a revised date gf MARCH 6. 1986. prepared by Henderson and Bodwell located at 120 E'-press Street in Plainview. State of New York; for the construction. installation and interim maintenance of public site improvements, shown on these plans, including, but not limited to the categories below.- 1. elow:1. WATERMAIN $26075 $28682 2. SANITARY SEWER $20672 $22740 3. STORM SEWER $11.3.0 $1265 4. ROADWAY CURB $10290 $11319 STREET $30191 $33210 5. SIDEWALK: $11760 $12936 6. PARKWAY - TREES $8500 $9350 SOD $25920 $28512 7. TRAFFIC CONTROL 0 0 8. PONDS 0 0 9. EXCAVATION 0 0 ( 10. OTHER 0 0 TOTAL $134558 $148014 :N NOTE: Left column shows engineers estimate. Right column shows engineers estimate times 1. 1 as required by the Village of EIV: Grove. Said improvements to be installed in accordance to Municipal. District, County State and Federal requirements on the following described property: ' LEGAL DISCRIPTION OF SECTION 27 EASTHAMPTONS Part of the Northeast 1/4 of Section 26 Township 41 North. Range 10 East of the Third Principal Meridian in Cook County. WHEREAS, Surety hereby agrees that any minor modificatons (less than 5% bond amount) omissions. or additions in or to the engineering plans and spoecifications referred to herein, shall not in any manner affect the obligations of the Surety to perform under its bond obligation. FURTHER, it shall be a condition precedent to any right of recovery hereunder. that in the event of any default on the part of the Principal a written statement of the particular fact showing the nature of such default shall be delivered to the Surety by Certified Mail at its home office at 1900 W. Hassell Fid. , Hoffman Estates, ILL. Attention: Claims Department. WHEREAS, Surety hereby agrees that upon receipt of said written statement it will promptly commence to take any and all necessary steps to statisfactorily complete the construction of all remaining public site improvements required. but not yet installed, with all associated legal, engineering and administrative costs being paid by the Surety. FURTHER, It is a condition of this bond that any suit under this bond shall be filed within a period of one year from completion of said work. NOW. THEREFORE. the condition of this obligation is such, that if said Principal shall well and truly keep, do and perform each and every all and singular, for the construction of the site public improvements in the "Pro .ect" as sP ecified on the approved engineering plans and specif ica ions, to the satisfaction of the Village Engineer, done and performed, by the completion date, or shall pay over, make good and reimburse to the Village, all loss and damege which said Village may sustain by reason of failure or default on the part of the Principal . so to do, then this obligation shall be null and void; otherwise it shall be deemed to run continuously and shall remain in full force and effect. WHEREAS. Elk Grove Village has the right topursue against the Surety and to enforce the provisions of this bond in the State of Illinois. In witness whereof, said Burety and Prin al have c used these presents to be signed and sealed this ----- SURETY day of __ .ay 1986. --------� SURETY PRINCIPAL Pyt.*SAFECO INSURANCE @Y: CENTER HOMES ENTERPRISES. INC. SAFE__________ __ SASH___ ______________________________ .':i•V T�'T4 r TITLE: - cc SART PREIKSA torney-In-Fact �•.. •^••••.,•ff'v.. EA .•'�Q�ftt7DRSIGNED By: a• J r'• , BERT E. US is Resident t Agent f'/3 D Y: Note: (1) If signed by Attorney-In-Fact, please attach a certified notarized copy of Power-of-Attorney with acknowledgement by Surety. (2) If the property owner is a Trust, attach a copy of the Trust Agreement. ATTEST: DATE: ________________ VILLAGE OFFICIAL ACCEPTANCE RESOLUTION: CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Section 23B ReSub. #5 (Project Name/Phase......etc.) Request is hereby made by Centex Real Estate Corp. d/b/a Centex Hares to the Village of Elk Grove Village to approve the subdivision/project described above. The following information is submitted in support of this request: ( X) Deed of Conveyance/Bill of Sale ( X) "As-Built" Engineering Drawings (3-print sets/1 mylar set) ( X) Bill of Materials (Material type, Quantities 6 Cost) ( X) Maintenance Guarantee (Bond, Letter of Credit...etc. Centex Real Estate Corporation OWNER(S)/DEVELOPER(S): d/b/a Centex Homes ADDRESS: 2401 W. Hassell Pd. Ste. 1542 Hoffman Estates, IL 60195 TELEPHONE: 708-882-7330 REFERENCE: As-BuiltS Plan No. Sheets , Dated 8/31/88 s specifications. Prepared by Henderson and Bodwell and approved by the Village of Elk Grove Village. Cont'd....... .. ..... .. . .. ....... IMPROVEMENT DESCRIPTION: _ (X ) Watermain and Appurtenances (x ) Sidewalk (X ) Sanitary Sewer and Appurtenances (X ) Street Lights (X ) Storm Sewer and Appurtenances (X ) Parkway Trees (X / Roadway (Curb and Gutter) (X ) Ponds (Detention/Retention (X ) Roadway (Markings) ( ) Other (Lift Station...etc.) CERTIFICATIONS: DESIGN ENGINEER'S CERTIFICATION To the best of my knowledge and belief, the construction of the above described improvement has been completed in accordance with the referenced approved plans and specifications. May 21, 1990 .38a 98 ��►kA AM/ (DATE) (IL. P.E. NO.) (SIGNA JVj j QP s'fi j ISTE S�j�5510�i ES�G{wrFtF�t �� DEVELOPER/OWNER CERTIFICATION EF FIELD INSPECTORS CERTIFICATION ''• . I hereby'certify that I (we) have regularly inspected the above ' described improvements during the progress of construction and that to the best of my/our knowledge and belief the work has been completed in conformance with the approved plans and spGci fications. May 21, 1990 hand Developrent D7anagPr ' (DATE) (SIGNATURE) (TITLE) r DEED OF CONVEYANCE/BILL OF SALEI KNOW ALL MEN BY THESE PRESENTS, that Centex Real Estate Corporation d/b/a Centex Hanes (the "Developer"), located at 2401 W. Hassell Fd. Ste. 1542 HofEnan Estates, IL 60195 a Nevada (corporation, partnership, individual) authorized to do business in the State of Illinois, for and in consideration of the sum of One Dollar (;1.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Sell, Transfer Over, Convey and Deliver unto the Village of Elk Grove Village (the "Village"), Cook and DuPage Counties, Illinois, a municipal corpor- ation, to and for its own use forever the following: UNDERGROUND IMPROVEMENTS © - Watermain and Appurtenances ® Sanitary Sewer and Appurtenances X❑ Storm Sewer and Appurtenances Lift Station and Force Main Other SURFACE IMPROVEMENTS XQ Roadways (Curb d Cutter/Pavement) (Street :lames) fE Sidewalks XQ Parkway Trees X� Traffic Control/Street Signs 0 Storm Water Retention/Detention Basins Other cont'd. .. -2- located in the Project known as Section 23B, Resub. #5 , (the "Project") as described on the "as-built" engineering plans prepared by Henderson and Bodoell located at 124 W. Diversey Elmhurst, IL 60126 and dated 8/31/88 which plans with "Bill of Materials" are incorporated by reference and made a part hereof. WHEREAS, the Developer does hereby warrant to the Village, it is the lawful owner of and has good and marketable title to the aforedescribed improvements; that the same are free from all encumberances; that the Developer has the right to Sell the same; and that the Developer warrants and will defend and hold harmless the Village against the lawful claims and demands of all persons with respect to the title hereby conveyed; and that the execution of this Bill of Sale/Deed of Con- veyance is an authorized Act of Said Corporation, Individual or Partnership. IN WITNESS WHEREOF, the Developer has caused this instrument to be signed and delivered this day of , 19_ CORPORATE _ May 21, 1990 SEAL NAME) (DATE) Gary At Do es (TITLE) Executive Vice President ATTEST: Dora Adelizzi NOTARY L New v� May 21, 1990 SEAL (DATE) W.T. Stapleton DEVELOPER(S)IOWNER(S) �/ May 21, 1990 (NAME) (DATE) G les VILLAGE INSPECTOR (NAME) (DATE) -3- ASSISTANT VILLLAGE ENGINEER: CERTIFICATION All work required for this development has been inspected and found to be completed in a satisfactory manner. All documentation for acceptance has been submitted and found to be acceptable. 6/15 /90 IYLI/l n.T Pip a"-t. y"" &Wnn"'L (DATE) (NAME) ITLE) APPROVAL AND ACCEPTANCE OF GOVERNING AUTHORITY The VILLAGE OF ELK GROVE VILLAGE does hereby approve and accept for maintenance and operation the above described improvement. It is understood that the guarantee period of 24 months shall commence as of the date of Village Board acceptance. It is also understood that this approval and acceptance covers only the specific work indicated above and is subject to a final punch list being made concerning adjustment, alignment and necessary repairs of all structures, boxes, hydrants, act. Acceptance of maintenance by the Village does not relieve the developer from the responsibility of keeping all dirt and debris due to cons- truction operations out of both storm and sanitary sewer systems. Final accept- ance of the subdivision or other general development is conditional upon com- pleting all indicated items on the final punch list. It is the responsibility of the owner or developer to request the final punch list to be made. No re- fund of maintenance escrow monies will be made until all items in the final punch list have been corrected. VILLAGE OF ELK GROVE VILLAGE BY: (DATE) au SAFECO INSURANCE COMPANIES _ SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA - 5007488-0001 W tOFFICE 4.1 IFWfIYr RvE N.E..SENIISE wsSriraOr 9l,fh "'- Bond No. MAINTENANCE BOND KNOWALL Af£,YBY THESE PRESENTS, That we, Centex Homes Enterprises, Inc. 2401 W. Hassell Road, Suite #1542, Hoffman Estates, I11 60195 as Principal,and SAFECO INSURANCE COMPANY OF AMERICA,a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of Illinois as Surety,are held and furnly bound unto Village of Elk Grove Village as Obligee,in the penal sum of One Hundred Fortv—Three Thousand Four Hundred Eight and 00/100--------------------------------------(S 143,406.00-------7. to which payment well and truly to be made we do bind ourselves,our and each of our heirs.executors,administrators, successors and assignsjointly and severally,Firmly by these presents. WHEREAS,the said Principal entered into a Contract with the Village of Elk Grove Village dated for Section 2313, Resub. #5 WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of _2_yearls)after approval of the final estimate on said job,by the owner,against all defects in workmanship and materials which may become apparent during said period,and WHEREAS,said Contract has been completed,and was approved on day of 19,. A'OIA, THEREFORE. THE COADITION OF THIS OBLIGATION IS SUCH. That, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of 2 years)from and after May .211990 then this obligation shall be void,otherwise to remain in full force and effect. Signed,sealed and dated(his 21st day of May 19 90 Centex t s EnterpYiaea, Inc_1Sea) X TP � [) Seal) SAFECO INSURANCE COMPANY OF AMERICA By l Com _ nn . ricK Attorney-in-Fact r ® POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERIC HOME OFFICE SAFECO PLAZA SAFECO SEATTLE,WASHINGTON 98185 No. 7521__ KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA:md GENERAL INSURANCE COMPANY OF AMERICA.each a Washington corporation,does each hereby appoint --------ROBERT K. MILLER; ROBYN L. SCHLIEBEN; BRENDA D. HOCKBERGER; SARAH B. YIRCOTT; JOSEPH A. GASKILL, III; JoANN T. FICK, Chicago, Illinois---------------------------- its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents et a similar character isstcd in the course of ns bus.ness.and to hind the respective company thereby IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents 11th September 89 ._dayof STATE OF ILLINOIS COUNTY OF COOK On tfiis 21st day of May 19 90, before me personally appeared Jo Ann T. Fick , known to me to be the Attorney-In- 1 ct of Safeco Insurance Company of America , the corporation that eeCuted the within instrument, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , at my office it) the aforesaid county,-the day and year in this certificate first above written. (Notary Public) I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA.do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power al Attorney Issued pursuant thereto.are true and correct,and mot bosh the BY-Laws,the Resolution and the Power of Attorney are still in full farce and effort. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facstmilr seal of said corporation this 21St day or Mav . 1990 �r . SAFECO INSURANCE COMPANY OF AME RI( GENERAL INSURANCE COMPANY OF AMEF FIRST NATIONAL INSURANCE COMPANY SAF EL+Q OF AMERICA HOME OFFICE:SAFECO PLAZA SEATTLE,WASHINGTON 98185 SUBDIVISION PERFORMANCE BOND COMPLETION GUARANTY BOND NUMBER 5007488 DATE June 6,-1986 AMOUNT $147.4084.00 PROJECT NAME SECTION 23B RESUB 5 COMPLETION DATE AUGUST 1, 1989 NO EXPIRATION DATE _____..____________________________________________________________ KNOW ALL MEN BY THESE PRESENTS, That we, CENTEX HOMES ENTERPRISES INC. (hereinafter called the Principal ) , as Principal , located at S87 Wilmette Suite C, in the City of Palatine, County of Cook State of _ Illinois, and Safeco Insurance Company of America (hereinafter callec -the "Surety", a surety company organized and existing under the Laws of the State Of Washington, with its principal office located at the Blanchard Building in the City of Seattle, State of Washington, anc authorized to conduct a surety business in the State of Illinois, as surety, are indebted, held and firmly bound unto the Village of Ell Grove, hereinafter called the "Village" (Obligee) located at 901 Wellington Avenue in Elk Grove Village, Counties of Cook and Duppage, State of Illinois as obligee in the just and full SLIM of $1 434,0 4.0C (ONE MILLION FOUR HUNDRED THIRTY-FOUR THOUSAND EIGHTY-FOUR 3 Lawful U. S. Dollars, for thepayment of which sum, well and truly to be made, that said Principal and surety bind ourselves, our legal i representatives, our respective heirs, administrators, ex(RCUtors anc successors, and assigns jointly and severally, firmly by these presents. WHEREAS. Sur etyhereby agrees, that no modifications, omissions, or additions in or to the engineering plans and specifications referred to herein, shall in any manner affect the obligations of Surety on it's bond. FURTHER, that said Principal shall fully indemnify, save harmless, and Surety shall reimburse said Village of E1): Grove Village for any loss that said Village of Elk Grove Village may suffer through the failure of said Principal to faithfu).l and properly perform the installlation of the public site improvements as described above. The Surety shall reimburse said Village for any loss that the Village may suffer through the failure of said Principal to faithfully observe and perform each and every obligation and dt_V imposed upon the Principalto satisfactorily construct said public site improvements, by the first day of August, 1969, hereinafter called "Completion Date". FURTHER, in consideration for the principals satisfactory installation of the aforementioned improvement=_, the Village of Elk Grove shall with accompanying documentation, valid waiver's of lien approve bond ' resolution requests in inc reme nttal sums for the completed underground and surface improvements. c WHEREAS. the condidtions of t h i m is such that. the above bounded Principal has 4:i.l ed approved engineering dans and specification for the project" titled SECTION 236 RESUBDIVISION 5 with a revised date of MARCH il, 1966 prepared by Henderson and 80dwell located at 120 Express Street :in Plainview. State of New York; for the construction, installation and interim maintenance of public site improvements, shown on these plans, inclUding, but not limited to the cateaories below: 1. WATERMAIN $144647 $159112 2. SANITARY SEWER 5146350 $160985 �. STORM SEWER $125265 $137792 4. ROADWAY CURB $74410 $61551 STREET $513213 $564534 5. SIDEWALK $74200 $61620 6. PARKWAY TREES $21i)p0 $23100 SOD $04627 $225090 7. TRAFFIC CONTROL 0 0 e. PONDS 0 o 9. EXCAVATION O 0 - 10. OTHER 0 0 TOTAL $1303712 $1434084 W NOTE: Left cal umn shows engineers estimate, Right column shows er.gineer6 estimate times 1. 1 as required by the Village of Elk Grove. Said improvements to be installed in accordance to Municipal , District, County. State and Federal requirements on the following described property: LEGAL DISCRIP'fION OF SECTION 23E, RESUD 5 Fart of the Southeast 114 of Section 26 Township 41 North, Range i0 East of the Third Principal Meridian in Cook County. WHEREAS, Surety hereby agrees that any miner modi.ficatons (less than 5% bond amount) omissions, or additions in or to the engineering plans and s oecifications referred to herein, shall not in any manner affect the obligations of the Surety to perform under its bond obligation. FURTHER, it shall be a condition precedent to any right of recovery hereunder, that in the e•:ent of any default on the part of the Principal a written statement of the particular fact showina the nature Of such default shall be delivered to the BUretY by Certified Mail at its home office at 1900 W. Hassell Fid. , Hot{man Estates. ILL. Attention: Claimo Department. WHEREAS, Surety hereby agrees that , upon r-ecei pt' of said written •statement it will promptly commence to take any and all necessary steps to statisfactr_rily complete the construction of all remaining pUblic site improvements required. but not yet installed, with all associated legal , engineering and administrative costs being paid by the Surety. FURTHER, It is a condition of this bond that any suit under thi=_- bond shall be filed within a period of one year from completion of said work. NOW, 7HEREFDRIE, the condition of this obligation is such, that if said principal shall well and truly keep, do and perform each and every, all and singular, for the c:onstrUCLIOn of the site public improvements in the 'Project" as specified on the approved engineering plans and specifir_a{tions, to the satisfaction of the Village Engineer, done and performed, by the completion date, or shall pay over, make good and reimburse to the Villages all lass and damage which said Village may sustain by reason of failure or default on the part of the Principal , so to do, then this obligation shall be null and void- otherwise it shall be deemed to run continuously and shall remain in Mull force and effect. WHEREAS. Elk Grove Village has the right toppursue against the Surety and to enforce the provisions of this bond in tF:e State of Illinois. In witness whereof, said Surety and Pri no ipal have caused these presents to be signed and sealed this _6tn day of ___?ane_ _______, 1955. SAFECO INSURANCE COMPANY OF RICA CENTEX HOMES ENTERPRISES, INC. SU =TY g. NC F•'AL SY: SSE __ _ _ _ & SUS N J. PRE `- TITLE._ torney-In Fact SEAL .'jEAL t Note: (1) If signed by Attorney-In-Fact, pplease attach a certified notarized copy of Power-of-Attorney with acV;nowledgement by Surety. (2) If the property owner is at Trust, attach a copy of the Trust Agreement. ATTEST: DATE: VILLAGE: OFFICIAL ACCEFTANCC ______ RESOLUTION: r CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Winston Grove, Section 23B, Resub #4 (Project Name/Phase......etc.) Request is hereby made by Centex Real Estate Corp. d/b/a Centex Homes to the Village of Elk Grove Village to approve the subdivision/project described above. The following information is submitted in support of this request: ( X) Deed of Conveyance/Bill of Sale ( X) "Aa-Built" Engineering Drawings (3-print sets1l mylar set) ( X) Bill of Materials (Material type, Quantities 6 Cost) ( X) Maintenance Guarantee (Bond, Letter of Credit...etc. Centex Real Estate Corporation OWNER(S)/DEVELOPER(S): d/b/a Centex Hanes ADDRESS, 2401 W. Hassell Rd. Ste. 1542 Hoffman Estates, IL 60195 TELEPHONE: 708-882-7330 REFERENCE: As-Builts Plan No. Sheets , Datedl0111188 y specifications. Prepared by Henderson and Bedwell and approved by the Village of Elk Grove Village. Cont'd....... IMPROVEMENT DESCRIPTION: (X ) Watermain and Appurtenances (X ) Sidewalk (A ) Sanitary Sewer and Appurtenances (X ) Street Lights (X ) Storm Sewer and Appurtenances (X ) Parkway Trees (X ) Roadway (Curb and Gutter) (X ) Ponds (Detention/Retention (X ) Roadway (Markings) ( ) Other (Lift Station...etc.) CERTIFICATIONS: DESIGN ENGINEER'S CERTIFICATION To the best of my knowledge and belief, the construction of the above described improvement has been completed in accordance with the referenced approved plans and specifications. May 21, 1990 38x98 (DATE) (IL. P.E. NO.) (SIGNA JU LA t(o 1� 38298 REGISTERED , ,�WSSIONAL - , ENGINEER �F DEVELOPER/OWNER CERTIFICATION OF FIELD INSPECTORS CERTIFICATION I hereby certify that I (we) have regularly inspected the above described improvements during the progress of construction and that to the best of my/our knowledge and belief the work has been completed in conformance with the approved plans and specifications. May 21, 1990 _ - Iand Development Manager 2 L— (DATE) URB) (TITLE) DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that Centex Real Estate Corporation d/b/a Centex FAxms (the "Developer"), located at 2401 W. Hassell Rd. Ste. 1542 Hoffman Estates, IL 60195 a Nevada (corporation, partnership, individual) authorized to do business in the State of Illinois, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Sell, Transfer Over, Convey and Deliver unto the Village of Elk Grove Village (the "Village"), Cook and DuPage Counties, Illinois, a municipal corpor- ation, to and for its own use forever the following: UNDERGROUND IMPROVEMENTS R Watermain and Appurtenances ® , Sanitary Sewer and Appurtenances X❑ Storm Sewer and Appurtenances Lift Station and Force Main a Other SURFACE IMPROVEMENTS XX Roadways (Curb 6 Gutter/Pavement) (Street Names) fE Sidewalks X] Parkway Trees Traffic Control/Street Signs Storm Water Retention/Detention Basins Q Other cont'd. .. located in the Project known as Winston Grove, Section 23B Resub #4 , (the "Project") as described on the "as-built" engineering plans prepared by Henderson and Bodwell located at 124 W. Diversey Elmhurst, IL 60126 and dated 10/11/88 which plans with "Bill of Materials" are incorporated by reference and made a part hereof. WHEREAS, the Developer does hereby warrant to the village, it is the lawful owner of and has good and marketable title to the aforedescribed improvements; that the same are free from all encumberances; that the Developer has the right to Sell the same; and that the Developer warrants and will defend and hold harmless the Village against the lawful claims and demands of all persons with respect to the title hereby conveyed; and that the execution of this Bill of Sale/Deed of Con- veyance is an authorized Act of Said Corporation, Individual or Partnership. IN WITNESS WHEREOF, the Developer has caused this instrument to be signed and delivered this day of 19__ CORPORATE �t May 21, 1990 SEAL (NAME) (DATE) Gary A. les (TITLE) Executive Vice President ATTEST: GCXN Dora Pdelizzi NOTARY May 21, 1990 SEAL IMAMF�Y (DATE) W.T. Stapleton o , / DEVELOPER(S)/OWNER(S) � :' TCfay 21, 1990 (NAME) (DATE) /Gn D les VILLAGE INSPECTOR l_.. (NAME) "'DDO--- (DATE) -3- ASSISTANT VILLLAGE ENGINEER: CERTIFICATION All work required for this development has been inspected and found to be completed in a satisfactory manner. All documentation for acceptance has been submitted and found to be acceptable. 6115 h'. Yid n n to (aF7r (Its 4t_. 'V&_OM LE?) Dpn (DATE) NAME (TITLE) APPROVAL AND ACCEPTANCE OF GOVERNING AUTHORITY The VILLAGE OF ELK GROVE VILLAGE does hereby approve and accept for maintenance and operation the above described improvement. It is understood that the guarantee period of 24 months shall commence as of the date of Village Board acceptance. It is also understood that this approval and acceptance covers only the specific work indicated above and is subject to a final punch list being made concerning adjustment, alignment and necessary repairs of all structures, boxes, hydrants, act. Acceptance of maintenance by the Village does not relieve the developer from the responsibility of keeping all dirt and debris due to cons- truction operations out of both storm and sanitary sewer systems. Final accept- ance of the subdivision or other general development is conditional upon com- pleting all indicated items on the final punch list. It is the responsibility of the owner or developer to request the final punch list to be made. No re- fund of maintenance escrow monies will be made until all items in the final "---"-'� "'-"--_-- punch list have been corrected. VILLAGE OF ELK GROVE VILLAGE BY: (DATE) SAFECO INSURANCE,COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4928305-0001 ,UNE OFFICE 41 SPQ'aµYN rvE NE.5fnirEw -'n .10N"IM Bond NO. MAINTENANCE BOND „ KNOW ALL MEN BY THESE PRESENTS. That we, Centex Homes Enterprises, Inc. 2401 W. Hassell Road, Suite #1542, Hoffman Estates, IL 60195 as Principal,and SAFECO INSURANCE COMPANY OF AMERICA,a corporation organized under the laws of the Stare of Washington and duly authorized to do business In the State of Illinois as Surety,are held and firMy bound unto Village of Elk Grove Village as Obligee,in the penal sum of Fifty–Seven Thousand Five Hundred Sixty–One and 00/100------------------------------------------($ 57. 561.00-------- ), to which payment well and truly to be made we do bind ourselves,our and each of our heirs.executors,administrators, successors and assigns jointly and severally,firmly by these presents. WHEREAS,the said Principal entered into a Contract with the Village of Elk Grove Village dated for Westgate Section 23B, Resub. #4 WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of 2 year(s)after approval of the final estimate on said job,by the owner,against all defects in workmanship and materials which may become apparent during said period,and WHEREAS,said Contract has been completed,and was approved on day of —19— NOW, 9_.NON, THEREFORE. THE COA'DITION OF THIS OBLIGATION IS SUCH. That, if the Principal shall indemniff the Obligee for all loss that the Obligec may sustain by reason of any defective materials or workmanship which hecome apparent during the period of 2)cans)from and after May 21 , 1990 then this obligation shall be void,otherwise to remain in full force and effect. - Signed,sealed and dated this---2's-t day.of May 10 90 Centex Hanes Enterprise::, Inc.. (Scall X- .� r -- Y TSran _(Seal) SAFECO INSLIRANCE COMPANY Of AMERICA By <: Cy K:2i 7-,yL — Jo, nn T. Fick Attorney-in-Fact G ® POWER SAFECO INSURANCE COMPANY OF AMERIG OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERN HOME OFFICE SAFECO PLAZA SPFECD SEA rTLE.WASHINGTON 98185 No. __759J_ KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA jird GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint --------ROBERT K. MILLER; ROBYN L. SCHLIEBEN; BRENDA D. HOCKBERGER; SARAH B. YIRCOTT; JOSEPH A. GASKILL, II1; JOAHN T. FICK, Chicago, Illinois­­­------------- its true and lawlul attorneys)-intact,wilh.full authority to execute an its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issm;d in the cnurxe of its business.and to bind the respective company thereby IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents Itch September 89 Ih.s_.. _....____.._—. ._day of CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13, —FIDELITY AND SURETY BONDS , the Prevldent, any Vice President, the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-In-fact or under other appropriate titles will authority to exucute on behalf of the company lideMy and surety bons and other documents of similar character Issued by the company in the course of Its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any STATE OF III COUNTY Of rnnl: On this 21st day of Mav 19 90 , before me personally appeared Jo Ann T. Fick known to me to be the Attorney-In- Fact of Safeco Insurance COmDdny of America the corporation that r;r'er.uted the within instrument, and acknowledged to me that such corporation executed ':he same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal , at my office In the aforesaid county, the day and year in this certificate first above written, DjjLjq0jS Oti�� yLQ ✓h[11/.C �Notary y blit I ______________________________________________________________________________________________ s 11".103 Is 1 , CENTEX HOMES DATE, 91 Lots WINSTON GROVE SECTION 23B NO. 4 7/10/85 FINAL ENGINEER'S COST ESTIMATE m REGION m PROJECT REF. DWG. PAGE OF...�_ PREPARED BY, C1ECKED BY, APPROVED BY, ITEM QUANTITY UNIT TOTAL T ITEM WIT PRELIM, FINAL PRICE COST 1. WATER SYSTEM 8" Watermain L.FT. 3556 15.00 53,340. 8" Valve EA. ll 800.00 8,800. Hydrant Assembly EA. 13 1000. 13,000. Connection to Existing EA. 1 500.00 500. 3/4" Far House Connection EA. 44 600.00 26,400. 3/4" Near House Connection EA. 47 2OO.00 9,400. Select Backfill L.FT. 200 4.00 800. TOTAL 112,240. 2. ORAINAGE 12" Storm Sewer L.FT. 973 14.00 13,622. 15" Storm Sewer L.FT. 410 15.00 61150. 18" Storm Sewer L.FT. 301 19.00 5,719. 21" Storm Sewer L.FT. 560 21.00 11,760. 24" Storm Sewer L.FT. 306 23.00 7,038. 27" Storm Sewer L.FT. 560 25.00 14,000, Yard Inlet EA. 8 50.00 3,600. Inlet EA. 9 500.00 4,500. 4' Inlet Manhole EA. 2 850.00 1,700. 4' Manhole EA. 2 85O.00 1,700. 5' Inlet Manhole EA. 6 1000. 6,000. 5' Manhole EA. 3 1000.' 3,000. 18" End Section EA. '1 250.00 250. 21" End Section EA. 1 300.00 300. 27" End Section EA. 1 350.00 350. Connection to Existing EA. 1 200.00 200. Select Backfill L.FT. 280 3.00 840. 80,729. c. ,iEVISIONS, SUB FETDERSON AND BOOWELL TOTAL CONSLLTING ENGINEERS TOTAL CEt1TEX HOMES DATE, WINSTON GROVE SECTION 238 NO. 4 7/10/85 F 91 Lots FINAL ENGINEER'S COST ESTIMATE ( m REGION m PROJECT REF. DWG. PAS 2 OF 2 PREPARED BY, CHECKED BY, .APPROVED 8Yt ITEM QUANT TY UNIT TOTAL NO. ITEM WIT PREt1N. FINAL PRICE COST 3. SANITARY 8" Pipe (8'-12' Deep) L.FT. 3358• 15.00 50,370. Standard Manhole EA. 17 1000. 17,000. Connection to Existing EA. 1 300.00 300. Select Backfill L.FT. 200 5.00 1,000. Near House Service EA. 49 200.00 9,800. Far House Service EA. 42 600.00 25,200. 103 670. 4. CURB AND GUTTER (Type M3.12) L.F.T. 7160 7.00 50,120. 5. SIDEWALKS (4' Wile) - S.FT. 28400 1.75 49,700. I 6. PAVEMENT S.Y. 10640 12.5 33 000. I 7. STREET TREES EA. 92 200.00 18,400. j S. STREET LIGHTS EA. 8 1300. 10 400. PArkWAy Sod, /7,3 7100 L > x // & 7 8677 •y6 z $677 x'2,oa�Y� 1 = 173 S,oD ��• tF 'IONS, SUB HEIDERSON AND BODWELL TOTAL CCNSLLTI1f, ENGINEERS 57S/nl� TOTAL -558 P59