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HomeMy WebLinkAboutRESOLUTION - 47-78 - 6/27/1978 - MAINTEN BOND/BILL OF SALE/SECTION 21RESOLUTION NO. 47-78 A RESOLUTION ACCEPTING A BILL OF SALE AND MAINTENANCE BOND NO. 2536228 AND ACCEPTING FOR PERMANENT OWNERSHIP AND MAINTENANCE, THE STREETS, CURB AND GUTTER, SIDEWALKS, STORM SEWER AND WATER MAINS, INSTALLED IN WINSTON GROVE SECTION 21 AS SHOWN ON ELK GROVE ENGINEERING COMPANY PLAN NO. 4521 DATED JUNE 1, 1974 WHEREAS,the developer has submitted a Bill of Sale and Maintenance Bond in the amount of $126,000.00 from Safeco Insurance Companies, expiring on May 1, 1980, to the Village of Elk Grove Village as required by the Subdivision Control Ordinance and has fully complied with all provisions of any and all ordinances appertaining; and WHEREAS, the developer has installed all public improvements as required by the Village, has made full payment of fees, and has submitted required As - Built -Engineering Plans; 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 does hereby accept a Bill of Sale and Maintenance Bond No. 2536228 for public improvementsas shown on Elk Grove Engineering Company Plan No. 4521, dated June 1, 1974 and otherwise described as Winston Grove Section 21. Section 2. That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 27th day of APPROVED this 27th day of ATTEST: Village Cie -L-"/ IV June no .lune 1978. � Ir � Village Pcid j�t� v (/ SAFECO INSURANCE CDMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA •,,MEOFwcE SAFECO PLAZA SEAIT— /,ASHIN',T(N n1t25 2536223 ^MNTENANCE BOND Bond No. KNOW ALL dIL:V R}' T//F.SIi PR/fSY;iV7S, That wc, Centex Homes of Illinois, Inc. 800 E. Northwest Highway, Palatine, Illinois as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington, and authorized to transact the business of Surety in the State of Illinois as Surety, are held and firmly bound unto Village of Elk Grove, Illinois in the just and full sum f One Hundred Twenty—Six Thousand and no/100------------Dollv,(S 126,000.00-----) for which sutra, well and truly to be paid, we bind ourselves, our heirs, executors, administrators. successors and assigns. jointly and severally, firmly by these presents. Scaled with our seals, and dated thi: 10th day of October q 77 771 CO.VD1770.VOI'T111SOBLIGATIQN/.S.SUCH, That,WHERL-IS, the above bound principal has constructed subdivision improvements of underground utilities, streets and sidewalk improvements at Winston Grove, Section 21 ,VOIV, 771ERLPME, If the said Principal shall indemnify the obligee for all loss that the obligee may sustain by reason of any defective materials cr workmanship which become apparent during the 2 years from and after ?mv 1, 1978. then this obligation to be void: otherwise, to remain in full force and effect. r ro/72 Centex Homes of T1. T eat) �= s Pfipctipal BY: (Seal) t , ' Principal i (Seal) Pnn: ipul SAFLCO INSURANCE COMPANY OF; �AtERICA Melanie ideal, ,htturnay_In-E=yct_ ` ` _ PRINTED IN U.S.A. ��\ POWEk OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA flV�ll GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SAFECO SEATTLE, WASHINGTON 98185 No. KNOW ALL MEN BY THESE PRESENTS: 5352 That Safeco Insurance Company of America and General Insurance Company of America, each a Washington corporation, does each hereby appoint ---------------------MELANIE NEAL-- 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 Comuanv of America ACKNOWLEDGMENT BY SURETY STATE OF Illinois ))) ss County of Caoh On this 10th day of October 1977 ,before me personally appeared Melanie Neal , known to me to be the Attorney -in -Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA or FIRST NATIONAL INSURANCE COMPANY OF AMERICA, the corporation that executed the within instrument, and acknowl- edged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, at my office in the aforesaid County, the day and year in this certificate first above written. Notary Public in the State of i (Seal) County of - „" PRINTED IN U.S.A. 5-230 ft3 10/72 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 12 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, Wm. Hammersla, Vice President and 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 each corporation this 10th day of October 19 77 ��NCE camp.N` CE COAIP� rS� GpPPOR q). 9, g CORPORATE s �_Yla 4____w S E int I., a W SEAL W D M/AMMEflSLA SE�FEi4PY sl 1953 aE% 1923 a" 0 S-974 Ra 10/75 orf OF WAS H�N/� Of Tfi PRINTED IN U.S.A, BILL OF SALE THIS INDENTURE WITNESSETH THAT CENTEX HOMES MIDWEST, INC., as agent and attorney in fact for I I I E. Chestnut Corporation, an Illinois corporation (the "Company"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby TRANSFER, SET OVER AND CONVEY unto THE VILLAGE OF ELK GROVE VILLAGE, Cook and DuPage Counties, Illinois, a municipal corporation (the "Village"), the following: Water, sanitary and storm mains and drains and incidential equipment as described on those certain engineering plans prepared by Elk Grove Engineering and identified as Plan Number 4521, dated June 1, 1974, otherwise described as the improvements lying in Section 21 in Elk Grove Village, Illinois, which plans are incorporated by reference and made a part hereof. TO HAVE AND TO HOLD all of the improvements hereby conveyed unto the Village, to and for its own use forever. AND the Company does hereby warrant to the Village that it is the lawful owner of and has good and marketable title to the improvements; that the same are free from all encumbrances; that the Company has the right to sell the same; and that it will defend and hold harmless the Village against the lawful claims and demands of atl persons with respect to the title hereby conveyed. IN WITNESS WHEREOF, the Company has caused this instrument to be signed and delivered this sis day of , 1977. ATTEST: By. Andrew Hannigadl Assistant Secret y STATE OF Illinois COUNTY OF cook 1, Muriel A. aforesaid, DO HEREBY known to me to be the agent and attorney in fact and Andrew J. Hannigan Assistant Secretary Of persons whose names me this day in X X X CENTEX HOMES MIDWEST, INC. By: L H. J. leonhardt President Hofer a Notary Public in and for said County in the State are 1 1 CERTIFY that H. J. Leonhardt , personally President of Centex Homes Midwest, Inc., as for I I I E. Chestnut Corporation, an Illinois corporation, personally known to me to be the said company, and personally known to me to be the some subscribed to the foregoing instrument, appeared before person and severally acknowledged that as such President and Ass't. Sec'y. , they signed and delivered the said instrument as President and Ass't. sec'y. of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and seal this 31st day of October , 1977., `-2z e%- -Notary Flublic My Commission expires: 10-7-81 SURETY RIDER ,AFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY SAFECO OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98785 To be attached to and form a part of Bond No. 2536228 executed by Centex homes of Illinois. Inc. as Principal and by Safeco Insurance Company of America as Surety, in favor of Village of Elk Grove Illinois , and effective as of 10-10-77 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the • •_t_ of -•1 3 of bond form From: The condition of this obligation is such, That, Whereas, the above bound principal has constructed subdivision improvements of underground utilities, streets and sidewalk improvements at Winston Grove, Section 21. The condition of this obligation is such, That, Whereas, said Principal has constructed, in Section 21, Winston Grove, Elk Grove Village, Illinois To: the following improvements: sanitary and storm sewers, water mains, street paving curb, gutter, and public sidewalks; all of said improvements having been installed in accordance with Plan ;14521 dated 6-1-74, and as revised, prepared by the Elle Grove Engineering Company of Elk Grove Village, Illinois. Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 2Uth day of December 1977 Signed and sealed this 20th day of December 1977 Centex Homes of IllinoiA, Inc. - Principal By • ✓✓��J� {/j Title Safeco Insurance Company of America Accepted:Suret �; � y w% By / /GLs6G- e, / Obligee Nancy L✓ Smith Attorney -in -Fact By Title S-043 R6 11/76 PRINTED IN U.S.A. POW OF ATTORNEY SAFEC 1SURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SAFECO SEATTLE, WASHINGTON 98185 No KNOW ALL MEN BY THESE PRESENTS: 4633 That Safeco Insurance Company of America and General Insurance Company of America, each a Washington corporation, does each hereby appoint L. SMITH ----------------------------------- 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 STATE OF Illinois County of Kane this 13th CERTIFICATE day of September 19 77 ACKNOWLEDGMENT BY SURETY } ss 20tHDecember 1977 On this Nancy dLay 0Sratth . before me personally appeared , known to me to be the Attorney -in -Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA or FIRST NATIONAL INSURANCE COMPANY OF AMERICA, the corporation that executed the within instrument, and acknowl- edged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed official seal, at my office iq,the aforesaid County, the day and year in this certificate first above written. �4" Notary Public in the State of (Seal) County of My Co^crLin Exj Zs Zc'. 22, 1981 5.230 R3 10/72 PRINTED IN U.S.A. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this 2Uth day of December 19 77 5-974 RS 9/77 __ PRINTED IN U.S.A. P hse have this copy signed by tnc obligee and returned to our Office. Thank you. SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA, SEATTLE, WASHINGTON 98185 SURETY RIDER To be attached to and form a part of Bond executed by Eenterc Homes o€ 111Fno#s, Inc. as Principal and by Saiere insatanee-.Gej paaJvTl."m"Lea as Surety, in favor of Village of £l1. Grove. llliaa#a and effec- tive as of 1Q_rn_77 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing From: The condition of this obligation is such, That, kihercas, the above bound principal liar. constructed subdivision improvements of underground utilities, streets and sidewalk improvements at Wnston Grove, Section 2I. The condition of this obligation is such, That, Whereas, said Principal To: has constructed, in Section 21, Winston Grove, Elk Grove Village, Illinois the following improvements: sanitary and storm sewers, water retina, street paving curb, gutter, and public sidewalks; all of said improvements having been installed in accordance with Plan 14521 dated 6-1-74, and as revised, prepared by the Elk Grove Engineering Company of Elk Grove Village, Nothing herein co eT1r1eo Tail vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 24.yr„_day of December 197.x,. 20th December 77 Accepted: 7.5 Obligee Title �:satwx-Flames--S Principal By Title ie Surety ByE, Disney L. Smith Attorney -in -Fact S.<43 Rr 5)73 PRINTED IN U.S.A. ® SURETY RIDER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY SAFECO OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 To be attached to and form a part of Bond No. 2536228 executed by Centex Homes of Illinois, Inc. ,as Principal and by Safeco Insurance Company of America as Surety, in favor of Village of Elk Grove, Illinois and effective as of In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the wording of Paragraph 4 of the bond form From: Now, Therefore, if the said 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 2 years from and after flay 1, 1978 r4ow, Therefore, if the said Principal shall maintain, repair or replace To: any of the said public improvements which deteriorate or fail to meet performance or operating standards during the bond term ending 4-30-80 and further, shall pay any penalties which may be incurred as a result thereof. Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the Signed and sealed this Accepted: By Obligee Title day of December 19 77 day of December 1977 Surety 1 lel By �;��G�ctf_t Njcy L. Smith Attorney -in -Fact 5-443 RS 11176 PRINTED IN U.S.A. POW OF ATTORNEY SAFEC, ISURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SAFECO SEATTLE, WASHINGTON 98185 No KNOW ALL MEN BY THESE PRESENTS: 4633 That Safeco Insurance Company of America and General Insurance Company of America, each a Washington corporation, does each hereby appoint ---------------------------NANCY L. S14ITH ------------------------------------- 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 13th day of September 19 77 CERTIFICATE ACKNOWLEDGMENT BY SURETY STATE OF Illinois y ss County of Kane On this 20th day of December , 1977 , before me personally appeared Nancy L. Smith , known to me to be the Attornev-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA or FIRST NATIONAL INSURANCE COMPANY OF AMERICA, the corporation that executed the within instrument, and acknowl- edged to me that such corporation executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my the day and year in this certificate first above written. in the aforesaid County, Notary Public in the State of T (Seal) County of My Ca-a,-Lic.i E%J,[2,1981 S-230 R3 10/72 - I PRINTED IN U.S.A. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this 2Utn day of December , 19 77 S-974 R5 8/77 _-_- _ _-... PRINTED IN U.S.A. Em SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA. SEATTLE. WASHINGTON 98185 SURETY RIDER To be attached to and form a part of Bond No V ,se have this copy sitned by the'oblipee and returned to our Office. Thank you. executed by Cant-py Nn,,- - or T1111nnia, Tor. ,as Principal and by Snforn Tr-Rvirrinep Company�of America as Surety in favor of 'VtTTst-e OF n.Tk Croy_- T111 11- nia_ - , and effec- tive as of In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing From: Now, Therefore, if the said Principal shall indemnify the Obligee for all loss that the obligee any sustain by reason of any defective materials or workmanship which become apparent during the 2 years from and after May 1, 1978 flow, Therefore, if the said Principal shall maintain, repair or replace To: any of the said public improvements which deteriorate or fail to meet performance or operating standards during the bond term ending 4-30-80 and further, shall pay any penalties which may be incurred as afresult thereof. Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 20th Accepted: Obligee Title day of 19 _. December 77 Principal Title 3---_ � Surety s.a By Nancy L. Smith Attorney -i -Fact S-443 R7 5/73 PRINTED IN U.S.A.