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HomeMy WebLinkAboutRESOLUTION - 39-90 - 6/26/1990 - LOC RELEASE/DEED OF CONV ACCEPTRESOLUTION NO. 39-90 A RESOLUTION RELEASING SUBDIVISION PERFORMANCE BONDS NO. 4928305, 5007488 AND 5007485 ACCEPTED BY RES. NOS. 97-85, 56-86, AND 44-86: AND ACCEPT CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE; DEED OF CONVEYANCE/BILL OF SALE; MAIN- TENANCE BONDS NO. 4928305-0001, $57,561.00, CENTEX SECTION 23B RESUB. 4; NO. 5007488-0001, $143,408.00, CENTEX SECTION 23B RESUB. 5; NO. 5007485-0001, $14,801.00, CENTEX SECTION 27, EXPIRING MAY 21, 1992 GUARANTEEING MAINTENANCE OF PUBLIC IMPROVEMENTS 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 authorize the release of Subdivision Bonds No. 4928305 accepted by Resolution No. 97-85 in the amount of $633,175.00; No. 5007488 accepted by Resolution No. 56-86 in the amount of $1,434,084.00; and No. 5007485 accepted by Resolution No. 44-86 in the amount of $148,014.00 to guarantee construction of public improvements in Centex Sections 23B, Resub. No. 4 (Westgate), Section 23B, Resubdivision No. 5, and Section 27 (Easthamptons). Section 2: That the President and Board of Trustees do hereby accept a Certificate of Approval and Initial Acceptance, Deed of Conveyance/Bill of Sale, and Maintenance Bonds No. 4928305-0001 in the amounts 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) all expiring May 21, 1992 guaranteeing the maintenance of public improvements as described in the engineering plans and specifications prepared by Henderson and Bodwell, 124 W. Diversey, Elmhurst, I1 60126. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 26th day of June 1990. APPROVED this 26th day of June 1990. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE SUBDIVISION: Section 27, Easthamptals (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 sets11 mylar set) ' ( X) Bill of Materials (Material type, Quantities & Cost) ( X) Maintenance Guarantee (Bond, Letter of Credit... etc. Centex Real Estate Corporation OWNER (S) IDEVELOPER (S) : d/b/a Centex Homes ADDRESS: 2401 W. Hassell Rd. Suite 1542 Hoffman Estates, IL 60195 TELEPHONE: 708-882-7330 REFERENCE: As-Builts Plan No. Sheets , Dated 9/6/88 & specifications. Prepared by Henderson and Bodwell and approved by the Village of Elk Grove Village. Cont'd....... IMPROVEMENT DESCRIPTION: (X ) Watermain and Appurtenances (X ) (X ) Sanitary Sewer and Appurtenances (X ) (X ) Storm Sewer and Appurtenances (X ) (X ) Roadway (Curb and Gutter) (X ) (X ) Roadway (Markings) ( ) CERTIFICATIONS: Sidewalk Street Lights Parkway Trees Ponds (Detention/Retention Other (Lift Station... etc. 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 .3,615? ?C9 _ Ql La-UWLI-14 (DATE) (IL. P.E. NO.) (SIGNATU a, ULA ire, 'Z'J/ 38298 REGISTERED !S F PSIONAL EN LIN EER DEVELOPER/OWNER CERTIFICATION 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 (DATE) (SIGNATURE land Development Manager (TITLE) DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that Centex Real Estate Corporation d/b/a Centex Homes (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 XD Watermain and Appurtenances 0 Sanitary Sewer and Appurtenances ii Storm Sewer and Appurtenances Q Lift Station and Force Main 7 Other SURFACE IMPROVEMENTS QRoadways (Curb S Gutter/Pavement) (Street Names) II Sidewalks QParkway Trees FE Traffic Control/Street Signs 1�1 Storm Water Retention/Detention Basins Other cont'd... -2 - located in the Project known as Section 27, Easthamptons (the "Project") as described on the "as -built" engineering plans prepared by Henderson and Sodw—ell , located at 124 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 f1, day of 19 L� May 21, 1990 (NAME) (DATE) Gary A. 4les (TITLE) Executive Vice President i ATTEST: F W.T. Stapleton Dora Adelizzi May 21, 1990 (DATE) ,--N CORPORATE SEAL NOTARY SEAL DEVELOPER(S)/OWNER(S)--1'1L� �i--May 21, 1990 �1� (NAME) -. (DATE) Gary—A. oles ' i' VILLAGE INSPECTOR / i /�� q6 �i �(N !E) (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 AS /90 722(21 v 4 c 2 �. 1/cL�Pa� E231a� (DATE) (/ Cl (NAME)(/ (TITLE) O 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) N. SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA NOME OFFICE A)•) BROOKLYN AVE N E SEATTLE. WASHINGTON 90105 Bond No. 5007485-0001 MAINTENANCE BOND KNOWALLMENBYTH£SEPRESENTS.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----------). 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 for Section 27 dated WHIREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of 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 NON', THEREFORE, THE CONDITION' OF THIS OBLIGATIO-N' IS SUCH, That, if the Principal shall ind^ ;nify 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 yearls) 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 21st day of Mav 19 Hagtes Enterpr'ses, Inc. (Seal) (Seal) SAFECO INSURANCE COMPANY OF AMERICA Ffy- J06Ann T. Fick Attorneyin-Fact ® POWER OF ATTORNEY SAFECO KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. _75-9-1— That 7541 That SAFECO INSURANCE COMPANY OF AMERICA .:cd 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 of a similar character Issu^J in the course 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 11th September 89 this—. �.------- --- -- day of -------- 19. _ I STATE OF COUNTY OF LUOL D4 ly before me personally appeared On this 21st day of ay Fick known to me to be the Attorney -In - Jo Ann T. the corporation that Fact of Safeco Insurance Company of America executed the within instrument, and acknowledged to me that such corporation executed tl a same. I b'ITNESS WHEREOF, t 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. rLL�41_4Notay Publ tc rr -------- - ------------ _��,C,C,-� ;,; .a rcuu 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, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 21st day of ___ Ma`s_ 19 90 S 974 R 10 3 86 PRINTED M U S A AFECD SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 BOND NO: 5007485 SUBDIVISION PERFORMANCE POND COMPLETION GUARANTY DATE PROJECT NAME SECTION 27 COMPLETION DATE AUGUST 1, 1989 ------------------------------ BOND NUMBER AMOUNT $148014.00 NO EXPIRATION DATE KNOW ALL MEN_.PY THESE PRESENTS, That we, CENTEX HOMES ENTERPRISES INC. (hereinafter called the Principal), as Principal, located at 887 Wilmette Suite C, in the City of Palatine, County of Cool:, 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 Ell: Grove, hereinafter called the "Village" (Obligee) located at 901 Wellington Avenue in Elk Grove Village, Counties of Cool: and DLlpage, State of Illinois, as obligee in the ust and full sum of $169 263.00 (ONE HUNDRED SIXTY-NINE THOUSAND TWO H8NDRED SIXTY-THREE) Lawfuj 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, executors and successors, and assigns jointly and severally, firmly by these presents. WHEREAS, Suretyhereby agrees that no modifications, omissions, or additions in or to the engineering plans and s_pecificatibns 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 V Surety shall reimburse said Village of Elk Grove illage for any loss that said Villag(i? Of Elk Grove Village maf/ suffer through the failure of said Principal to faithfully and properly perform the instal.11ation 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 pLeblic site improvements, by the first day of August, 1989, hereinafter called "Completion Date". FURTHER, in consideration for the principals satisfactory installation of the aforementioned improvements, the Village of Elk: Grove shall with accompanying documentation, valid waivers of hien approve bond resolution requests in incrementtal sums; for the completed underground and surface improvement=_. WHEREAS.. the condidtions of this is such that, the above bounded Principal has filed ap raved engineeringg PPlans and specification for the "project" titled S CTION 27 EASTHAMPTONS with a revised date of MARCH 6. 1986, prepared by Henderson and Bodwell 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 categories below: 1. WATERMAIN $26075 $28682 2. SANITARY SEWER $20672 $22740 3. STORM SEWER $1150 $1265 4. ROADWAY CURB $10290 $113319 STREET $30191 $33210 5. SIDEWALK $11760 $12936 6. PARKWAY — TREES $8500 $9359 SOD $25920 $28512 7. TRAFFIC CONTROL O 0 8. PONDS 0 0 9. EXCAVATION 0 i� 10. OTHER 0 d TOTAL $134558 $148()14 * NOTE: Left column shows engineers estimate, Right column shows engineers estimate times 1.1 as required by the Village of Eli: 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 1I4 of Section 26 Township 41 North, Range 10 East of the Third Principal Meridian in Coos 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 thepparticular fact showingq the nature Cf such default shall be delivered to the Surety by Certi{i.ed Mail at its home office at 1900 W. Hassell Rd.. 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 s ecified on the approved engineering plans and specifications, 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 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 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 Surety and Prin al have c used these presents to be signed and sealed this - --- day of -----Y 1986. --------' SURETY t,*SAFECO INSURANCEOF AMERICA `•'•IN ij4&-1 ------------- ------ -------- c��PREIKSA torney-In-Fact �'�QJ1d�bRS SG'NED BY: �r BERT E. US is Resident Agent PRINCIPAL BY:-CENTEX HOMES ENTERPRISES, INC. ------------------- TITLE• l'l3� * Note: (1) If signed by Attorney -In -Fact, pplease attach a certified notarized copy of Power -of -Attorney with ac`:nowledgement 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 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) "As -Built" Engineering Drawings (3 -print sets11 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 Hones Plan No. ADDRESS: 2401 W. Hassell Rd. Ste. 1542 Hoffman Estates, IL 60195 TELEPHONE: 708-882-7330 As-Builts Sheets Dated 8/31/88 Prepared by Henderson and Bodwell and approved by the Village of Elk Grove Village. & specifications. Cont'd....... IMPROVEMENT DESCRIPTION: (X ) Watermain and Appurtenances (X ) (X ) Sanitary Sewer and Appurtenances (X J (X ) Storm Sewer and Appurtenances (X ) (X ) Roadway (Curb and Gutter) (X ) (X ) Roadway (Markings) ( ) CERTIFICATIONS: Sidewalk street Lights Parkway Trees Ponds (Detention/Retention Other (Lift Station... etc. 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 N48W Wk (DATE) (IL. P.E. NO.) (SIGNA Qr �� i %ELGISTER,�% SSI OJT DEVELOPER/OWNER CERTIFICATION AF i 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 Land Development Manager (DATE) (SIGNATURE) (TITLE) 0 DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that Centex Real Estate Corporation d/b/a Centex Homes (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 XO Watermain and Appurtenances l_t Sanitary Sewer and Appurtenances QStorm Sewer and Appurtenances Lift Station and Force Main Q Other SURFACE IMPROVEMENTS Q Roadways (Curb & Gutter/Pavement) (Street Names) a] Sidewalks XQ Parkway Trees XTraffic Control/Street Signs aStorm Water Retention/Detention Basins ❑ Other cont'd... 0 -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 Bodwell 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 At (TITLE) Executive Vice President of , 19 CORPORATE May 21, 1990 SEAL (DATE) VILLAGE INSPECTOR (NAME) (DATE) ATTEST: Dora Adelizzi �/ NC �[✓ May 21, 1990 SEAL (DATE) W.T. Stapleton jl DEVELOPER(S)IOWNER(S) May 21, 1990 (NAME)` (DATE) 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/I S /90 (DATE) 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, ect. 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: TE) a SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA - HOIEOFFICE QU BROOKLYN AVE NE.. SEATTLE WASHINGTON M1% - pond No MAINTENANCE BOND 5007488-0001 KNOW ALL AIEN 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 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, m the penal sum of One Hundred Forty—Three Thousand Four Hundred Eight and 00/100--------------------------------------(g 143,408.00--------), to which payment well and truly to be made we do bind ourselves, our and each of our heirs. executors, administrators, successors and assignsjoindy and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the Village of Elk Grove Vill for Section 23B, Resub. #5 dated WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of 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 . NOW, THEREFORE, THE CONDITION 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 year(s) 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 21st day of May to 90 SAFECO INSURANCE COMPANY OF AMERICA By L— J nn T. F 1c c Attorney -in -Fact 03 POWER OF ATTORNEY SAFECO KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEA tTLE, WASHINGTON 98185 No. _7541 _ That SAFECO INSURANCE COMPANY OF AMERICA ::I•d 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 of a similar character Issu^d in the Course 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 11th September 89 this---------- ---- -- day of ------------, 19 — STATE OF ILLINOIS COUNTY OF COOK On this 21st day of May 19 90, before me personally appeared Jo Ann T. Fick , known to me to be the Attorney-In- lct of Safeco Insurance Company of America , the corporation that ec uted 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;"'Ihe day and year in this certificate first above written. ti ^- 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 of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 21st day of May 19 90 S 974 RIO 3 86 PRINTED IN U S A RE COMPLETION GUARANTY DATE June 6, 1986 SAFECO INSURANCE COMPANY OF AMERIC GENERAL INSURANCE COMPANY OF AMER: FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 SUBDIVISION PERFORMANCE BOND PROJECT NAME SECTION 238 RESUB S COMPLETION DATE AUGUST 1, 1?e9 BOND NUMBER 5007488 AMOUNT $1434084.00 NO EXPIRATION DATE ----------------------------- KNOW ALL MEN BY THESE PRESENTS, That we, CENTEX HOMES ENTERPRISES INC. (hereinafter called the Principal), as Principal, located at 887 Wilmette Suite 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 Lender 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 Ell: Grove, hereinafter called the "Village" (Oblinee) located at 901 Wellington Avenue in Ell: Grove Village, Counties of Cool: and Duppage. State of Illinois, as obligee in the lust and full sum of 31,4.-4,084.10 (ONE MILLION FOUR HUNDRED THIRTY-FOUR THOUSAND EIGHTY-FOUR ) 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, executors and successors, and assigns jointly and severally, firmly by these presents. WHEREAS. Suretyhereby 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 Village of Ell: 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 duty imposed upon the Principal to satisfactorily construct said public site improvements, by the first day of August, 1989, hereinafter called "Completion Date". FURTHER, in consideration for the principals satisfactory installation of the in improvement=_, the Village of Ell; Grove shall with accompanying dacLIMen tat ion, valid waivers of lien approve bond resolution requests in incrementtal sums for the completed underground and surface improvement=_. r WHEREAS. the condidtions of this is such that, the above bounded Principal has fileda.�proved engineering plan=_; and specification for - the pro ject" t.:it.led C.TION 2'B F.E:SUBDIVI ,ION 5 with a revised date of MARCH 11, 19186 prepared by Henderson and Bodwell located at 120 Street in Flainvlew, State of New York; for the construction, Eworess Stre inktalla.tlon and interim maintenance of public: site improvements, shown on these planes, .'including, but not limited to the categories below: 1. WATERMAIN 0144647 4159112. 2. SANITARY SEWER $146350 $160955 3. STORM SEWER $125265 $137792 4. ROADWAY CURB $74410 $81551 STREET $51.3213 $564534 5. SIDEWALK $74200 451620 6. PARKWAY TREES $21000 423100 SOD $204627 $225090 7. TRAFFIC CONTROL 0 0 8. PONDS 0 C> 9. EXCAVATION 0 ;> 10. OTHER 0 0 TOTAL 41303712 31434064 8: NOTE: Left column shows engineers estimate, Right column shows engineers 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 DISCRIPTION OF SECTION 23D RESUB 5 Part of the Southeast 1:4 of Section 26 Township 41 North, Range 10 East of the Third Principal Meridian in Cool:: County. WHEREAS, Surety hereby agrees that any minor modi.ficatons (less than 5 bond amount) omissions, or additions in or to the engineering plans and 5oeci0 cations 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 Pri.nc:ipala written statement of thepparticular 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 step to stat:isfactorily complete the construction of all remaining public site improvements required. but not vet 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 wort::. 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 "Project" as sieci.fied on the appproved engineering plans and specifications, to �he satisfaction of the Village Engineer, done and performed, by the completion date, or shall pay over, make good and reimburse to the Village, all friss and damage which said Vill<_ioe may sustain by reason of failure or default on the part of the Principal, sa 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 to pursue against the Surety and to enforce the provisions of this bond :in the State of Illinois. In witness whereof, said Surety and Principal have caused these presents to be signed and sealed this 6th - day of - -June- ---_-r 1956. SAFECO INSURANCE COMPANY 1rs3c-- -- SUS N J. PRE TI7 LE: torney_In Fact CENTEX HOMES ENTERPRISES, INC. S3.Nt; PAL T TLE:6L5, a11W --- r 6EAL.. * 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: Winston Grove, Section 23B, Resub #4 (Project Name/Phase...... etc.) Request is hereby made by Centex Real Estate Corp. d/b/a Centex Hanes 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 ConveyancejBill of Sale ( X) "As -Built" Engineering Drawings (3 -print sets1l 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 Hanes ADDRESS: 2401 W. Hassell Rd. Ste. 1542 Hoffman Estates, IL 60195 TELEPHONE: 708-882-7330 REFERENCE: AS-Builts Plan No. Sheets Dated10111188 & specifications. Prepared by Henderson and Bodwell and approved by the Village of E1k.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) CERTIFICATIONS: ( ) Other (Lift Station... etc. 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 (DATE) (IL. P.E. NO.) (SIGNA,. )ULATp�, 39298 I/ REGISTERED p'=SIONAL ENGINEER DEVELOPERIOWNER CERTIFICATION OF FIELD INSPECTORS CERTIFICATION*..,,�K 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 anspecifications. May 21, 1990 land Development Manager (DATE) (SIGNATUR4) (TITLE) DEED OF CONVEYANCE/BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that Centex Real Estate Corporation d/b/a Centex Homes (the "Developer"), located at 2401 W. Hassell Rd. Ste. 1542 Hof%nan 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 QWatermain and Appurtenances QSanitary Sewer and Appurtenances QStorm Sewer and Appurtenances QLift Station and Force Main a Z FX7 Q Q Q Other SURFACE IMPROVEMENTS Roadways (Curb S Gutter/Pavement) (Street Names) Sidewalks Parkway Trees Traffic Control/Street Signs Storm Water Retention/Detention Basins Other cont'd... 0 -2- located 2- 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 124 W. Diversey Elmhurst, IL 60126 and dated 10/11/88 located at 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 �c 4i)May 21, 1990 SEAL (NAME) (DATE) Gary A. 4les (TITLE) Executive Vice President ATTEST: Dora Pdelizzi NOTARY 2 May 21, 1990 SEAL W.T. Stapleton AM (DATE) (f 1 DEVELOPERS)/OWNER(S) I J� May 21, 1990 (NAME) (DATE) G es 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/I S hn (DATE) 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, ect. 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) a�I SAFECO INSURANCE.COMPANIES 6 _ SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4928305-0001 NOME OFFICE 4N7 BROOKLYN AVE N E SEATTLE WASHINGTON 98105 Bond No. MAINTENANCE BOND KNOW ALL MEN BYTHESE PRESEAFTS,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 State of Washington and duly authorized to do business in the State of Illinois as Surety, are held and firmly bound unto as Obligee, in the penal sum of Village of Elk Grove Village Fifty -Seven Thousand Five Hundred Sixty -One and 00/100------------------------------------------(S 57,561.00-­--=)- to 7,561.00--------).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 year(s) after approval of the final estimate on said job, b}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, THEREFORE, THE CONDITION 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 biome apparent during the period of 2 year(s) from and after May 21 1.990 then this obligation shall be void. otherwise to remain in full force and effect. Signed, sealed and dated this 21st day of May lq 90 Centex H9 nes Enterprises, Inc. (Seal) xLJ (Seal) SAFECO INSURANCE COMPANY OF AMERICA By �L Jo', nn T. Fick Attorney -in -Fact POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAYA .4. 0FECD^SEATTLE, WASHINGTON 98185 No. KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA i,r�d 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 attorneylsl-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 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 11th this__. CERTIFICATE September 89 -- day of ------------- 19 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 President, 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 lilies with authority to execute on behalf of the company fidelity and surety bonds 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 tit lunlc COUNTY OF 1pnl.: 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 Company of America . the corporation that rrx'ecuted 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 in the aforesaid county, the day and year in this certificate first above written. i 1C'IgL SEAL " q srnTE of ILUN0IgC."ES 11113/9 1 Notary Public ------------------------------------------------------------------------------------------------ I 5916 R109 86 PRINTED IN U SA (I CENTEX HOMES DATEi 91 Lots WINSTON FINAL GROVE SECTION 23B NO. 4 ENGINEER'S COST ESTIMATE 7/10/85 m REGION m PROJECT REF. DWG. PAGE 1 OF_� PREPARED BY, CHECKED BY, APPROVED BYi ITEM NO, ITEM UNIT QUANTITY PRELIM. FINAL UNIT PRICE TOTAL COST 1. WATER SYSTEM 8" Watermain L.FT. 3556 15.00 53,340. 8" Valve EA. 11 800.00 8,800. Hydrant Assembly EA. 13 1000. 13,000. Connection to Existing EA. 1 00.00 500. 3/4" Far House Connection EA. 44 600.00 26,400. 3/4" Near House Connection EA. 47 200.00 9,400. Select Backfill L.FT. 200 4.00 800. 112,240. TOTAL 2. DRAINAGE 12" Storm Sewer L.FT. 973 14.00 13,622. 15" Storm Sewer L.FT. 410 15.00 6,150. 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. 8 450.00 3,600. Inlet EA. 9 500.00 4,500. 4' Inlet Manhole EA. 2 850.00 1,700. 4' Manhole EA. 2 850.00 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. riEVISIONS, HE DERSON AND BODWELL CONSULTING ENGINEERS SUB TOTAL TOTAL 91 Lots WINSTON FINAL ED REGION CENTEX HOMES GROVE SECTION 23B NO. 4 ENGINEER'S COST ESTIMATE m PROJECT REF. DWG. DATE, 7/10/85 PAGE 2 OF 2 PREPARED BYa CHECKED BY, .APPROVED BYI ITEM NO. ITEM DUANTITY UNIT PRELIM.1 FINAL UNIT PRICE TOTAL COST 3. 4. 5. 6. 7. 8. —I. SANITARY 8" Pipe (8'-12' Deep) Standard Manhole Connection to Existing Select Backfill Near House Service Far House Service CURB AND GUTTER (Type M3.12) SIDEWALKS (4' Wine) PAVEMENT STREET TREES STREET LIGHTS PAr%Wa/ so 710o L Y X /l F'f $677 = 8 77 -yJ L.FT. EA. EA. L.FT. EA. EA. L.FT. S.FT. S.Y. EA. EA. z 3358• 17 1 200 49 42 7160 28400 10640 92 8 15.00 1000. 300.0 5.00 200.0 600.00 7.00 1.75 12.50 200.00 1300. 50,370. 17,000. 300. 1,000. 91800. 25,200. 103 670. 50,120. 49,700. 133,000. 18,400. 10,400. tF iSUB IOHLS1 - HETDERSON AND BODWELL CONSULTItIG ENGINEERS I TO AT L TOTAL 57S(olQ