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HomeMy WebLinkAboutRESOLUTION - 58-87 - 9/22/1987 - DEED OF CONVEY/BILL OF SALE/MAIN. BOND RESOLUTION NO. sR_R7 A RESOLUTION ACCEPTING A DEED OF CONVEYANCE/BILL OF SALE, MAINTENANCE BOND FOR PUBLIC IMPROVEMENTS AND MAINTENANCE BOND FOR BITUMINOUS SURFACE FOR CENTEX SECTION 23A; SECTION 23B, RESUBDIVISIONS 1, 2, 3; SECTIONS 24 AND 25 WHEREAS, the Developer (Centex Homes Enterprises , Inc. ) has submitted a Deed of Conveyance/Bill of Sale to the Village of Elk Grove Village and has fully complied with all provisions of any and all ordinances appertaining thereto; and WHEREAS, the Developer has installed public improvements including watermain, sanitary and storm sewers, roadways, curbs and gutters, sidewalks, parkway trees and street lights, and has made full payment of fees and submitted required As-Built engineering plans, all as required by the Village; and WHEREAS, the Developer has submitted a Maintenance Bond identified as Bond No. 5344114 issued by the Safeco Insurance Companies in the amount of $383,586.00 effective from June 1, 1987 until May 31, 1989 guaranteeing the material and workmanship of all public improvements constructed within the Centex Subdivision Sections 23A; 23B Resubdivisions 1, 2, 3; Sections 24 and 25; and WHEREAS, the Arrow Road Construction Co. has submitted a Maintenance Bond, identified as Bond No. 349 5700 issued by the Fireman's Fund Insurance Companies in the amount of $150,000.00 effective from November 15, 1986 until November 14, 1991 guaranteeing the material and workmanship of the Bituminous surface course constructed on all streets within the Centex Subdivision Sections 23A; 23B, Resubdivisions 1, 2, 3; Sections 24 and 25; and WHEREAS, the Village Engineer of the Village of Elk Grove Village has heretofore certified that all improvements required to be constructed in connection with the approval of the Plats of Subdivision for Sections 23A; 23B, Resubdivisions 1, 2, 3; Sections 24 and 25 by the Village Board, have been fully completed, and the construction or installation has been approved, and that said improvements meet the design and operating standards and requirements of the Village and other agencies including the Metropolitan Sanitary District and the Illinois Environmental Protection Agency. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois: Section 1: That the Village of Elk Grove Village hereby accept the Deed of Conveyance/Bill of Sale for public improvements constructed within the Centex Subdivision, Sections 23A; 23B, Resubdivisions 1, 2, 3; Sections 24 and 25 in accordance with engineering plans identified as follows: Improvement plans for Winston Grove Section 23A prepared by Henderson and Bodwell dated December 16, 1977, latest revision dated May 18, 1985; and Improvement plans for Winston Grove Section 23B lots 1 - 28 prepared by Henderson and Bodwell dated September 26, 1983, latest revision dated September 4, 1984; and Improvement plan for Winston Grove Section 23B Lots 1 - 110 prepared by Henderson and Bodwell dated November 21, 1983, latest revision dated May 30, 1984; and Improvement plans for Winston Grove Section 23B, Resubdivision No. 3 prepared by Henderson and Bodwell dated February 28, 1985, latest revision dated June 21, 1985; and Improvement plans for Section 24 Townhouses prepared by Henderson and Bodwell dated March 12, 1979 latest revision dated November 11, 1982; Improvement plans for Section 25 Townhouses prepared by Henderson and Bodwell dated May 25, 1983 latest revision dated November 10, 1983. Section 2: That the Village of Elk Grove Village does hereby accept Maintenance Bond No. 5344114 issued by the Safeco Insurance Companies in the amount of $383,586.00 effective from June 1, 1987 until May 31, 1989 guaranteeing the material and workmanship of all public improvements constructed within the Centex Subdivision Sections 23A; 23B, Resubdivision 1, 2, 3; and Sections 24 and 25. Section 3: That the Village of Elk Grove Village does hereby accept Maintenance Bond No. 349 5700 issued by the Fireman's Fund Insurance Companies in the amount of $150,000.00 effective from November 15, 1986 until November 14, 1991 guaranteeing the material and workmanship of the Bitominous surface course constructed on all streets within the Centex Subdivision Sections 23A; 23B, Resubdivision 1, 2, 3; and Sections 24 and 25. Section 4: That this Resolution shall be in full force and effect from and after its passage and approval according to law. - 2 - PASSED this 22nd day of s.prember , 1987• APPROVED this 22nd day of September , 1987. Charles J. Vi age rest ent ATTEST: Patricia S. Smith Village Clerk - 3 - SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA 5344114 HOME OFFICE 0317 BROOKLYN AVE.N E,SEATTLE,WASHINGTON 98105 Bond No. MAINTENANCE BOND KNOW ALLMEN BY THESE PRESENTS, That we, Centex Homes Enterprises, Inc. Illinois Division 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 Washington as Surety,are held and firmly bound unto Village of Elk Grove as Obligee,in the penal sum of Three Hundred Eigthy-Three Thousand Five Hundred and Eighty-Six and 00/100-----------------------------------------------(5383,586.00----------- ), 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 dated for Sections 23, 24, and 25 WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of two 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, 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 June 1 , 1987 then this obligation shall be void,otherwise to remain in full force and effect. Signed,sealed and dated this 4th day of February I9 87 Lerttex-Fromes Enterprises, Inc. Illinois Division (Seal) X (Seal) (Seal) SAFEC INSURANCE GO isA Y OF AMERICA By Robyn V. Schl ieben Attorney-in-Fact S-803 R2 10/72 a,..,,a...—..— ...�.,....-._ — POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE:SAFECO PLAZA SAFECO SEATTLE.WASHINGTON 98185 No. 7591 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA each a Washington corporation, does each hereby appoint --------THEODORE C. SEVIER, JR.; ROBERT K. MILLER; ROBYN L. SCHLIEBEN; PHYLLIS VALT; 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 issued 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 this Int-h day of December 19 86 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 President, any Vice President, the Secreta-y, 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 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 instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Bon 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, 1 have hereunto set my hand and affixed the facsimile seal of said corporation 4th February 87 this day of . 19—. S-974RI03/88 - - - .- _ "1147E0 IN IDSA. ATTACHMENT 2 REPUEST FOR FINAL. INSPECTION AND APPROVAL VILLAGE OF ELK GROVE VILLAGE ENGINEERING DEPARTMENT --------------------------------------------------------------------- LOCATION AND PERMIT NUMBERS OF CONSTRUCTION WORK LOCATION PERMIT NUMBER SECTION 23A NONE SECTION 23B RESUP 84-255 S4-256 54-257 SUCTION 23D RESLIP 2 94-324 SECTION 23D RESUB 3 NONE SECTION 24 NONE SECTION 25 83--056 Request is hereby made by the PERMITTEE to the Engineerino Department at the Village of Elk Grove to approve the site work on the project. described above. The following information is submitted in support as part- of this formal request for Engineering Department Approval and release my performance Guarantee Pond. I , the PERMITTE have posted Refundable Pond that I wish to be returned to me at the following address. Center, Homes Enterprises Inc. 2401 West Hassell. load, Suite 1542 Hoffman Estates, T11 . , 60195 -------- ----------------------------------------- PERMITTE CERTIFICATION ----------------------------------------------------------------------- 1 . CERTIFICATE BY PERNITTE I hereby certify that the project has been completed in accordance with the Engineering Department Construction Permit and plan. I assume full responsibility for any defects or alterations in the completed project and will undertake to correct same, regardless of the obligation of others. I further certify that I have paid the Contractor and have all Waivers of Lien on materials, equipment and labor for the project. "As-Built" drawings are :included with this submission. CENTER HOMES ENTERPRISES INC. 2401 WEST HASSELL ROA SUITE 1512 I iOl''FA�PJ.1 EST LL 60195 -- - l�Al E 2 MAS. JOIINSO --- - LAND DEVL-=1_OP A T PAGE 1 OF -3 ---------- ------------------------------------- **** VILLAGE-USE ONLY ****. ----------------------------------------------------------------------- SECT I OIC! 23A DATE OF FILIAL INSPECTION: ,jbpf, /S /f�'(r AS--BUILT FLAN DATE: Feb. lot /987 COMMENTS: SECTION 23B RESUB DATE OF FINAL INSPECTION: 4jgV G AS-BUILT PLAN DATE: Feb.ioi /987 COMMENTS: -------------------------------------------------------------------------------- SECTION 23B RESUB 2 DATE OF FINAL INSPECTION: ,no w7Qut, AS-BUILT PLAN DATE: 66_49�i987 COMMENTS: ----------------------------------------------------------------------------- SECTION 23B RESUB 3 DATE OF FILAL INSPECTION: A)jo�/ fro AS--BUILT PLAN DATE:Feb_/olt /987 COMMENTS: PAGE 2 OF _, SECTION 21 DATE OF FINAL INSPECTION: AJpl/-ld lq,?(r AS-BUILT FLAN DATE:11/,, �0l/987 COMMENTS: ------------------------------------------------------------------------ SECTION 25 DATE OF FINAL INSPECTION:/ AS-BUILT FLAN DALE: Ge6_/o /987 COMMENTS: 2. CERTIFICATE: by MUNICIPAL INSPECTOR AND ENGINEER I herebv cetify that the completed installation has been Inspected and meets with my approval and satisfaction and is in accordance with applicable permit reqquirements. I hereby recommend the Approval and Acceptance of the above project. NAME: _ � �L�_� DATE: �O✓. /-f/I�(r Engineerinq Dept 6. 10 Improvemenfs Inspector I Recommend Approval of the bond (Performance Guarantee) Refund. NAME: m _.. 987 _ DATE: 29 / _P_ � ___ .__�- A-- l'`.�~-�-------�-- ASSIS' .-NT VILLAGE ENGINEER PAGE 3 OF r ATTACHMENT 5 CERTIFICATE OF APPROVAL AND INITIAL ACCEPTANCE ----------------------------------------------------------------------- SUBDIVISIONS AS DESCRIBED BELOW A. SECTION 23A That part of the Southeast 1/4 of Section 26, Township 41 North, Ranqe 10 East of the Third Principal Meridian known as STOCKBRIDGE. B. SECTION 23B (ALL RESUBDIVISIONS) That part of the Southeast 1/4 of Section 26. Township Al North, Range 10 East of the Third Principal Meridian, being a part of Winston Grove-Section 23B, recorded December 11 , 1913, as Document No. 24757505 and known as WESTGATE VILLAGE. C. SECTION 24 That part of Sections 25 and 26, Township 41 North, Ranqe 10 East of the Third Principal Meridian known as HAMPTON FARMS. C. SECTION 25 That part of the Northeast 1/4 of Section 26, Township.• 41 North, Range 10 East of the Third Principal Meridian known as THE HAMNTONS. Request is hereby made by Centex Homes Enterprises to the Village of Elk Grove to approve the subdivision described above. The foll6wing information is submitted in support of the request: 1 . Bili of Sale. 2 "As-Built" Engineering Drawings (3 sets of blue line and 1 set of mylarj , 3. Bill of Marterials, 4. Maintenance Bond. OWNER Center, Homes Enterprises Inc. ADDRESS 2401. West Hassell Road Suite 1542 Hoffman Estates 211. . 601.95 TELEPHONE (312) 332-7330 REFERENCE: As-Built Improvement Pians submitted with this Certificate Prepared by Henderson and Bodwell and approved by the Village of Elk Grove, for all public improvements listed below in accordance with all Municipal , District, County/State and Federal requirements. IMPROVEMENTS: 1 . WATERMAIN 5. SIDEWALK 2. SANITARY SEWER 6. PARKWAY 3. STORM SEWER; TREES 4. ROADWAY SOD PAGE 1 OF 3 ------------ ---------------- -- ------ ------- -------- ------ - --- CERTIFICATIONS ----------------------------------------------------------------------- DESIGNER ENGINEER' S CERTIFICATION To the best of my knowledge and belief . the construction of the above described improvements has been completed in accordance with the approved plans and specifications, prepared by: HErWDGRcjO/J An90 Ge>owF-L.L. NAME PA v� H__uL9.IQSti?SL�L DATE 2 / q/ 87 ADDRESS-124 W _p '\JE!LSL31/ _ --------------------- ILLINOIS P.E. NUMBER ?8 SIGNAT RE L I S SaSGAL REGISTERED PRONSMONAL DEVELOPER CERTIFI:CAfION ENGINEER OF FIELD INSPECTORS CERTIFICATION 2LINO------------------------------ �S I hereby certify that I have regularly inspected the above described improvements during the= progress or construction and that to the best of my knowledge and belief the wort: has been completed in onr'ormance with the approved plans and SUeClfl Ca'tA piC DEVELOPER 1`� --d� - - DATE; Z_�^-7 MARK: S. JO . SON -- VILLAGE INSPECTOR: -_� e11� DATE; fC�id_,15067 Q.10� ------------------------------------------------------------------------ ASSISTANT VILLAGE ENGINEER CERTIFICATION ---------------------------------------- All wort: reouired 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. Z9, /987 - Assistant Village Eng:ineer- PAGE 2 OF APPROVAL AND ACCEPTANCE OF GOVERNING AUTHORITY ---------------------------------------------- The VILLAGE OF ELK GROVE does hereby approve and accept for maintenance and operation the above described improvements. 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, etc. Acceptance of maintenance by the Villaqe does not relieve the developer from the responsibility of keeping all dirt and debris due to construction operations out of both storm and sanitary sewer systems. Final acceptance of the subdivision or other- general development is conditional upon completeing 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 refund of maintenance escrow monies will be made until all :items in the final punch list have been corrected. VILLAGE OF ELI: GROVE DATE: -------------------- ---------- VILLAGE ENGINEER PAGE 3 OF 3 ATTACHMENT b BILL OF SALE DILL OF SALE DATED THIS TENTH DAY" OF NOVEMBER, 1956 FROM CENTEX HOMES E:NTIERPRISES. INC. . A NEVADA CORPORATIUM ( "CENTEX " ) Th THE VILLAGE OF ELK GROVE„ AN ILLIWOIS MUNICIPAL_ CORPORATION ( "VILLAGE" ) . WHEREAS. CENTER AND VILLAGE HAVE PREVIOUSLY ENTERED INTO AGREEMENT WHEREBY VILLAGE AGREED TO PROVIDE CENTEX WITH WATER SERVICE AND SANITARY SEWER SERVICE IN THE SIUBDIVIS1ONS KNOWN AS SECTIONS 23A, 23B RESUDS 1 , 2, AND 3, 24. AND 25 F AND WHEREAS CENTEX AGREED TO CONSTRUCT AND INSTALL ALL. NECESSARd FACIL_ITI:ES FOR SUCH WATER SERVICE AND SANITARY SEWER SERVICE.:: AND STORM SEWER FACILITIES TO ACCOMMODATE SAID SUBDI'VI'SION, AND TO CONVEY ALL. SUCH FACILITIES TO THE VILLAGE; AND WHEREAS, CENTEX PREVIOUSLY CRE'ATE:D PERPETUAL NON--EXCLUSIVE EASEMENTS THROUGHOUT SAID SUBDIVISION. AS Si-itPJN ON THE PL ;.:.tt OF SUBDIVISION THEREFORE, FOR THE PURPOSE OF INSTALLATION, MAINTENANCE, REPAIR AND REF'LAC:E:MENT.- IF REEOUIRED, OF WATER STORM AND SANITARY SEWER FACILITIES; AND WHEREAS. CENTEX ALSO AGREED TO CONSTRUCT AND INSTALL ALL NECESSARY ; 7F,EE. S. CU-,B AND GUTTERS. DIDEWMLKS AND STREET LIGHTS IN SUCH ;_UD�=1VISION, ACCORDING TO !HE EN ILIL!_RNS I)R ldIMOS THEEREi= O E: AND WHEREAS. ALL SUCH IMPROVEMENTS HAVE BEEN CONSTRUCTED AND HSI iLl._ED IN CONFORMITY WITH THE HTANDARDS OF THE VILLAGE AND THE VILLAGE +rOREES= TO, AND BV ACCEPTANCE OF THIS BILL (_ WE DOES ACCEPT THE S;-ME- POR PERMANENT MAINTENANCE. SUBj ECT TO COML_ETIO OF DEVELOPERS I°RI.NTANCE PERIOD. r•. _;�, *THEREFORE. FOR TEN .vC;Li_r;RS 07.0, 0u0) +-,,,;n CI..FHER GOOD AND VFiLUABLE CONSIDERATION. RECEIPT ,.1r WHICH H I,_, HEREBY ACKNOWLEDGED. CENTEX. ;DOES HEF;EI+Y TRANSFER„ CONVEY AND ASSIGN TO VILLAGE HE FOLLOWING PPROPERTY. !WHICH IS MORE PARTICULARLY DESCRIBED"AS CONSTRUCTED" PLANS HERETOFORE DELIVERED TO VILLAGE: ALL STREETS. CURB AND GUTTERS. SIDEWALKS. STREET LIGHTS. MAINS. PIPES , FITTINGS. VALVES, AND OTHER MATERIAL HERETOFORE INSTALLED BYCENTEX RELATING TO SANITARY SEWER, STORM SEWER. STORM WATER DETENTION AND WATER SERVICE TO AND THROUGHOUT THE SUBDIVISIONS DESCENDED AS FOLLOWS: A. SECTION 23A That part of the Southeast 1/4 of Section 26, Township 41 North, Range 10 East of the Third Principal. Meridian known as STOCI<:)=+1?IDLE. B. SECTION 23B ( RESUBDIVISIONS 1 , 2 AND 3) That part of the Southeast 1/4 of Section 2S, Townshi.p 41 North, Range 10 East of the Third Principal Meriijian, Ceina a part of Winston Grove-Section 2300 recorded December 11 , 1973, as Document: No. 24757505 and known as WESTGATE VILLAGE. C. ;SECTION 24 That part of the Northe=ast 1/4 of Section 26 Township 41 North, Range 10 East: of the Third Principal Meridian known as HAMPTON FARIIS. PAGE 1 OF 2 ° � D. SECTION 25 That part of the Northeast 1/9 of Section 26. Township 41 North! Range 10 East of the Third Principal Meridian tnown as THE HAMPTONS. EXCEPTING THEREFROM INDIVIDUAL SANITARY AND STORM SEWER AND WATER CONNECTIONS TO SAID SEWER AND NATER SYSTEMS. CENTFX REPRESENTS AND WARRANTS THAT IT HAS GOOD AND MERCHANTABLE TITLE TO THE PROPERTY TRANSFERRED HEREBY. AND HAS NO NOTICE OR KNOWLEDGE OF ANY EVENT DR CIRCUMSTANCES WHICH WOULD PERMIT THE FILING OF ANY LIENS OR ENCUMBRANCES AGAINST THE GAME~ IN WITNESS WHEREOF" THE PARTIES HERETO HAVE EXECUTED THIS BILL OF GALE ON THE DAY AND YEAR FIRST ABOVE WRITTEN. PRESIDENT ILLINOIS DIVISION ATTEST ������-�� STFVENpJnHNSDN ASSISTANT SECRETARY SEAL ` ` \ STATE OF ILLINOIS COUNTY OF COOK I , THELMA PHIPPS�EE0 NOTARY PUBLIC, NDONHEREBY CERTIFY THATPERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE RESPECTIVELY AS PRESIDENT AND ASSISTANT SECRETARY OF CENTEX HOMES ENTERPRISES, INC. A CORPORATION OF THE STATE OF NEVADA, SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED BEFORE ME THIS DAY IN PERSON AND SEVERALLY ACKNOWLEDGED THAT THEY, BEING THEN UNTO DULY AUTHORIZED. SIGNED. SEALED WITH THE CORPORATE SEAL AND DELIVERED THE SAID INSTRUMENT AS THE FREE AND VOLUNTARY SEAL, OF SAID CORPORATION AND AS THEIR OWN FREE AND VOLUNTARY ACT, FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND SEAL THIS TENTH DAY OF NOVEMBER , 1986. ` SEAL ` NOTARY PUDLI�� MY COMMISSION EXPIRESsNOVEMBER 9, 1988^ PAGE 2 OF 2 ATTACHMENT 7 BILL OF MATERIALS SECTION 23A 1 . DRAINAGE 174, 999 2. SANITARY SEWER 194, 206 3. WATER SUPPLY 251 ,470 4. ROADWAYS 5021689 5. PARKWAYS 16, 200 TOTAL 1 , 139, 564 SECTION 23D RESUB i 1 . DRAINAGE: 16. 139 2. SANITARY SEWER 35, 860 3. WATER SUPPLY 52, 750 4. ROADWAYS 29, 133 5. PARKWAYS 31 , 700 TOTAL 165, 5S2 RESUB 2 1 . DRAINAGE 107, 235 2SANITARY SEWER 175, 713 WATER SUPPLY 123„ 550 4. ROADWAYS 375, 100 5. PARKWAYS 34„ 800 TOTAL e16, 400 RESUB 3 1 . .DRAINAGE 20., 892 2. SANITARY SEWER :4; 87.5 3. WATER SUPPLY 39, 570 4. ROADWAYS 88, 91 5. PARKWAYS 11 , 000 TOTAL 195, 190 SECTION 24 1 . DRAINAGE 139, 364 2 SANITARY SEWER 146, :310 3. WATER SUPPLY :041720 4. ROADWAYS 229, 1.54 S. PARKWAYS 20; 60(:) TOTAL 739, 148- PAGE 1 OF :' SECTION 25 1 . DRAINAGE 75, 719 2. SANITARY SEWER 109' 064 3. WATER. SUPPLY 213, 143 4. ROADWAYS 286. 159 5. PARKWAYS 371050 TOTAL 721 , 137 SUMMARY OF PROJECT: SECTION 23A 1 , 1~9, 564 SECTION 23B RESUB 1 165, 582 RESUB 2 816, 400 RESUB 3 195, 190 SECTION 24 739, 148 SECTION 25 721 , 1.=7 . ---- TOTAL 2, 637, 457-- PAGE _' OF 2 FIREMAN'5 FUND INSURANCE COMPANY . Bond No. 349 5700 THE AMERICAN INSU R.NCE COMPANY NATIONAL SURETY CORPORATION FIREMANS FUND ASSOCIATED INDEMNITY CORPORATION INSURANCE COMPANIES AMERICAN AUTOM0911E INSURANCE COMPANY MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that ARROW ROAD CONSTRUCTION CO. , 3401 S. Busse Road, Mount Prospect, Illinois 60056 , herein called Principal, as Principal, and National Surety Corporation, 200 West Monroe Street, Chicago, Illinois 60606 , a corporation organized and existing under the laws of the State of Illinois, herein called Surety, as Surety, are held and firmly bound unto CENTEX HOMES ENTERPRISES, INC. , 887 East Wilmette Road, Palatine, Illinois 60067 , herein called Obligee, and The Village of Elk Grove Village, Elk Grove, Illinois 60007 , as Dual Obligee, in the sum of ONE HUNDRED AND FIFTY THOUSAND AND N0/100 ( $150 ,000. 00 ) DOLLARS, for the payment of which said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal has by written agreement dated May 1, 1986 entered into a contract with CENTEX HOMES ENTERPRISES, INC. for the construction of resurfacing of certain streets per Section 1 of said agreement as is more particularly described in said agreement, a copy of which is by reference made a part hereof. WHEREAS, both the OBLIGEE and DUAL OBLIGEE have requested the Principal to furnish a Surety Maintenance Bond in the above mentioned sum for the maintenance of the work performed for a period of five ( 5 ) years. The maintenance period is to be effective from 11/15/86 to 11/14/91 and is to cover defective workmanship and materials. NOW THEREFORE; THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the said Principal shall well and truly maintain the said work performed in the resurfacing of streets and shall make good all defects appearing during the maintenance period due to improper workmanship of the principal or use of defective materials by the Principal, then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED, and DATED this 13th day of January, 1987 . ARROW ROAD CONSTRUCTION CO. By: WAYNEHEALY�ESID NN NATIONAL SURETY CORPORATION BC�c�.; Agent & Attorney-in-Fact Raul Castaneda 3aovo r,o-va )LEGAL SIZE) XNO\y A1-1.NEN BY THESE PRESENTS:That NATION AL St_RETY CORPORATION,a Ccres ne suN organized and exknna under the lava of the State of Illinois.and having Its Home Or ,the City of Chicago. Illinois.has made.conslitutet Appointed.and dues by these presents make. coo9xtule and appoint MAURICE J. O'CONNOR, WILLIAM KRAFT, CHRISTINE MAROTTA, BRENDA KWIECINSKI and RAUL CASTANEDA CHICAGO, IL jointly or severally its true and lawful Attorneyw-in-Fact,with full power and authority hereby conferred in its name.ptace and stead.to execute.seat.acknowledge and deliver any and all bonds• undertakings. recogmzances or other written obligations in the nature thereof ___________..______________ and to Find the Corporation thereby as fully and to the same extent as if such hands were signed lsy the Pre,ident. •sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Atsorney(s)-m-Fact may do,n the premises. This power of attorney is granted pursuant to Article Vill. Section 29 and 30 of By-laws of NATIONAL SURETY CORPORATION now in full force and effect. "Article V I I1,Appointment and Authority Assistant secretaries.and Attorney-inrFsct and Agears ro accept Legal Process and Ma Fe Appearances. Section 29. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 30. Authority. The Authority of such Resident Assistant Secretaries, Aliorntys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This Dower of atiornes is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL SCRETY CORPORATION at a meeting duly called and held on the 7th day of September, 1972. and said Resolution has hot been amended or repealed: "RESOLVED.that the signature of am Vice-President. Assistant Secrelan,and Resident Ass,xtanl Sierelaty of this Corporation. and the seal of this Corporation may be atTsxcd or printed on any power of aiturney. on am revocation of an% power of a(lorney, or on any certificate relating thereto. fix facsimile.and any power of attorney. am revocation of any power of attorney, or certificate hearing such facsimile signature or facx,mde seal shall he salld and binding upon the Corporation." IN WITNESS %k HEREOF. NATIONAL SURETY CORPORATION has caused these rreeents to he signed b% ns %lee-President. and nscorporate seal tube hereunto affixed this 9th dax of December . 19 85 xyaET"C(jJ NATIONAI.SURETY CORPORATION V STATE OF CA 1FORNTA COUNTY OF MARIN sec• On this 9th day of DecemberI ly 85 hclorc me pen„n;ills ;amt Richard Williams to me known, who. brine by me out, sworn. old depose and as that hen \lce-President tat S\TION\1 SL R1 T1 (ORPOR ATION, the (orporanoo dewribed In and which e\ecuted the abo,e instrument: that he know, the ,eal til card (orporauan: that the ,x•al .dlned it, the %aid instrument I. su;h corporate stale that it wax so affixed by order of the Board rat Direaar,of.aid Cofpurauon and shat he sl.ncd los name flwnm In, itis order. IN\IITNESS'A HEREOF.I hale hereunto set my hand and affixed my otficial seal the day and%cur herein fir,t ah.ne writien gmnwnmsmaouu OFFICIAL SEAL mmw L� _ OFFICIAL SEAL SUSIE K. GILBERT lr1�j 'r ROTARY IURLIC-(MifORRla 11h.”'pal Offs*in Alarm County x,n,,,, vast•• My Commission Tx0i es No. 17, 1988 to punrumuuuw.unuuarxu.nnnaauuutsruu¢ CERTIFICATE STATE OF CALIFORNIA COUNTY OF 1AA1,0N L the undenigned. Resident A,sistan( Secretary of NATION At. SURET) (ORPOR A TION, an N.1 1NO(S Corporatron, UO HLREBC CERTIFC that the foreeoma and attached POR-ER OF ATTORNEY remain, it full force and lea, not heen rr,okcd: and furthermore that \nide \III. Section, 29 and 30of the By-laws of the Corporation,and the Resolution of the Board of Director,,sci forth in the Po,xer of Auorne\,are non In torte. Signed and sealed at the County of Marin. Dated the 13th .�d/aayy of January 19 87 JT v Qz�r y^ � Nc„dem A,s,.um xr,reL.n 3*A7Tt-NS%31 { State Illinois Coudty of Cook ss: On January 13, 1987 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Raul Castaneda known to me to be Attorney-tet-Fact of National Surety Corporation the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation. and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my},and and affixed my official seal, the day and yea; stated in this ocertifimte above. My Commission Expires Notary Public 960212-6-66 �-