HomeMy WebLinkAboutRESOLUTION - 53-84 - 7/24/1984 - ACCEPT BOND/CENTEX HOMES RESOLUTION NO. 53-84
A RESOLUTION ACCEPTING A SUBDIVISION BOND FROM SAFECO INSURANCE
COMPANIES, NO. 4684895 IN THE AMOUNT OF $921 ,000.00 FILED WITH
THE VILLAGE BY CENTEX HOMES MIDWEST, INC. GUARANTEEING THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS IN WINSTON GROVE SECTION 23 B
RESUBDIVISION # 2 (LOTS 1 THROUGH 110)
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 auth-
orize the acceptance of a Subdivision Bond from Safeco Insurance Companies,
No. 4684895, in the amount of $921 ,000.00 to guarantee the construction of
public improvements: watermain, sanitary sewer, storm sewer, streets,
curbs, sidewalks, street lights and parkway trees and sod in Winston Grove
Section 23 B, Resubdivision No. 2, (Lots 1 through 110) in accordance with
plans and specifications prepared by Henderson and Bodwell , 120 Express
Street, Plainview, New York 11803 with a revised date of May 30, 1984.
Section 2. That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this 24th day of July , 1984.
APPROVED this 24th day of July , 1984.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
SUBDIVISION PERFORMANCE BOND
Completion Guaranty
Bond No. 4684895
Date June 17, 1984
Amount ($ 921,000.09
KNOW ALL MEN BY THESE PRESENTS, That we, Project Name WINSTM GROVE SECTION
CENTER HOMES CORPORATION, IL.DIV. 23B RESUBDIVISION N0. 2
(hereinafter called the Principal) , as
Completion Date
Principal, located at 887 E. Wilmette
Road, Suite C. y No Expiration Date
in the (City/Village/Town) of
Palatine ,
County of Cook State of Illinois and Safeco Insurance
C�any_ 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 Blanchard Building
in the (City/Village/Town) 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 Elk Grove, hereinafter called the "Village" (Obligee) located at
901 Wellington Avenue in Elk Grove Village, Counties of Cook and DuPage, State
of Illinois, as obligee in the just and full sum of Nine Hundred 7Wenty One
Thousand and_no/100_---------------- ($ 921,000.00 ) Lawful U. S. Dol-
lars, for the payment of which sum, well and truly to be made, that said Prin-
cipal and surety bind ourselves, our legal representatives, our respective heirs, r
administrators, executors and successors, and assigns jointly and severally,
firmly by these presents.
WHEREAS, the conditions of this is such that, the above bounded Principal
h.ts filed approved engineering plans and specifications for the "Project" titled
Improvement Plans for Winston Grove Resubdivision of Section 23B Lots 1-110
2
with a revised date of 30 day of May , 19 84 prepared by
of Henderson &,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: (Mark "X" in appropriate boxes) .
ESTIMATED COSTS
L watermain ($135,900.00)
0 Sanitary Sewer ($193,300.00)
LX Storm Sewer ($ 118,000.00)
Q Roadway (Curb & Gutter, Pavement), ($ 322,900.00)
LJ Sidewalk ($ 90,000.00)
QX Street Lights ($ 22,600.00)
"J Parkway (Trees, Sod) ($ 38,300.00)
Traffic Control (Signals, Signs, Markings) ($ )
El Ponds (Detention/Retention) ($ )
QExcavation (Soil Erosion Control, Stockpile, ($ )
etc.)
Q Other (Retaining Walls, Lift Stations) ($ )
Said improvements to be installed in accordance to Municipal, District, County,
State and Federal requirements on the following described property:
EXHIBIT A
Winston Grove - Section 23B Being a Subdivision of part of Section 26,
Township 41 North, Range 10 East of the Third Principal Meridian in
Cook County, Illinois.
WHEREAS, Surety hereby agrees that no modifications, omissions, or r
additions in or to the engineering plans and specifications referred to herein,
shall in any manner affect the obligations of Surety on its 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 Elk Grove Village may suffer through the failure of said Prin-
cipal to faithfully and properly perform the installation of the public site
improvements as described above. The Surety shall reimburse said Village for
3
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 17 day of June 19 86 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 lien approve bond resolution
requests in incremental sums for the completed underground and surface im-
provements.
WHEREAS, Surety hereby agrees that -any minor modifications (less than
5% bond amount) omissions, or additions in or to.the engineering plans and
specifications referred to herein, shall not in any manner affect the
obligations of the Surety to perform under its bond obligation.
FURTHER, it shall be a condition precedent to any right of recovery .
hereunder, that in the event of any default on the part of the Principal
a written statement of the particular fact showing the nature of such default
shall be delivered to the Surety by Certified Mail at its home office at
1900 W. Hassell Road, Hoffman Estates,ll�Lttention: Claims Department.
WHEREAS, Surety hereby agrees that upon receipt of said written state-
ment it will promptly commence to take any and all necessary steps to satis-
factorily complete the construction of all remaining public site improve-
ments required, but not yet installed, with all associated legal, engineering
and administartive 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.
Ir
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 specified 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
4
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 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 17th day of June
19 84
SAFECO INSURANCE COMPANY OF AMERICA CENTEX HOMES CORPORATION
BY: BY:
SUSAN J. P IKSA �)
TTTLE: Attorn -I Fact TITLE: /`�,�t=,3�U�'•c�'%
SEAL SEAL
•Note: (1) If signed by Attorney-In-Fact, please attach a certified notar-
ized copy - Power-of-Attorney with acknowledgement by Surety.
(2) If the property owner is a Trust, attach a copy of the Trust
Agreement.
ATTEST:
Ir
NOTARY SEAL
(Date)
Village Official Acceptance Resolution:
(Title) (Date)
r
POWER OF SAFECO INSURANCE COMPANY OF AMERICA
ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SAFECO SEATTLE, WASHINGTON 98185
No 5173
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
------------------JULIA CONANT; SUSAN J. PREIKSA, Chicago, Illinois----------------
its true and lawful atfnrncvlet_in-fern odtt. 6dl e,..w...:............ __ :.- �_t c._,:... __-, _ - . _ , . .
ACKNOWLEDGMENT BY SURETY
STATE OF Illinois )
as
County of Cook
On this 17th day of June 1984 , before me personally
appeared - Susan J- Preiksa known to me to be the Attorney-in-Fact of
SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL
INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY, the corporation that executed the
within instrument, and acknowledged to me that such corporation executed the same. I
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.
Notary Public in the State of Illinois
(Seal) County of Cook
S-230 R4 6/78 PRINTED IN U.S.A.
Va IIGlty Or 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,
(1) 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, W.D. Hammersla, 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 17th day of June 19 84
S-974 R9 9/81 PRINTED IN USA