APPENDIX I
SCHEDULE OF FEES FOR PUBLIC HEARINGS,
PLAT REVIEW AND RELATED ITEMS
SCHEDULE OF FEES FOR PUBLIC HEARINGS,
PLAT REVIEW AND RELATED ITEMS
1. PUBLIC HEARING FEES:
A. Zoning Map amendment or Zoning Ordinance
text amendment or zoning variance such as
but not limited to side yard setbacks $480.00
text amendment or zoning variance such as
but not limited to side yard setbacks $480.00
B. Special Use hearing before Plan Commission,
including flood management $390.00
including flood management $390.00
C. Other variance hearings before Zoning Board
of Appeals, including flood management and signs $390.00
of Appeals, including flood management and signs $390.00
D. Transcript charges for all hearings, including all
charges associated with the public hearing
(recording at the County, newspaper publication,
Court Reporter's fees, etc.) and/or public hearing
sign removal $600.00 (Deposit)
charges associated with the public hearing
(recording at the County, newspaper publication,
Court Reporter's fees, etc.) and/or public hearing
sign removal $600.00 (Deposit)
These fees are due two weeks prior to scheduling a public hearing.
2. STREET AND ALLEY - VACATION PLAT $250.00
3. COMMERCIAL AND INDUSTRIAL MULTIPLE FAMILY
AND PLANNED UNIT DEVELOPMENT
- SITE PLAN REVIEW $ 40.00 per space times the number of parking spaces
(required new spaces or the total number of new spaces provided on the plan, whichever number is greater)
AND PLANNED UNIT DEVELOPMENT
- SITE PLAN REVIEW $ 40.00 per space times the number of parking spaces
(required new spaces or the total number of new spaces provided on the plan, whichever number is greater)
4. SUBDIVISION OF ONE-FAMILY LOTS OR LAND
DIVISIONS $ 40.00 per space times the number of parking spaces
(required new spaces or the total number of new spaces provided on the plan, whichever number is greater)
DIVISIONS $ 40.00 per space times the number of parking spaces
(required new spaces or the total number of new spaces provided on the plan, whichever number is greater)
5. Any revised plans or plats instigated by the proprietor, an additional charge at the Initial rate shall be levied.
6. Meetings with proprietor, etc., including Zoning and Ordinance Text Amendments will be charged at prevailing hourly charges of consultants directly to the developer (see Section 11-1-6A.1. Subdivision Control Ordinance # 807).
(Ord. 822, 2-18-1986; amd. Ord. 1050, 9-7-1989; Ord. 2306, 7-10-2006; Ord. 2906, 1-19-2015)
APPENDIX II
CHECK LIST REVIEW OF PRELIMINARY PLAT OF SUBDIVISION
CHECK LIST REVIEW OF PRELIMINARY PLAT OF SUBDIVISION
CITY OF WARRENVILLE
APPLICATION FOR PRELIMINARY PLAT APPROVAL
APPLICATION FOR PRELIMINARY PLAT APPROVAL
SUBDIVISION NAME
INSTRUCTIONS
1. Please print. Application must be complete before filing with the City of Warrenville.
2. Before making application, a copy of the Warrenville Subdivision Control Ordinance should be obtained and reviewed, with particular attention paid to Sections 6.01, 6.02 and 6.03.
Applicants should also familiarize themselves with requirements of the Plats Act, Illinois Compiled Statutes, Chapter 765, 205/1.
3. Filing Fees: Refer to Appendix I of this Ordinance or the latest fee schedule for Plat Reviews.
4. All items listed below in the check list and any others required by law from time to time, must be submitted simultaneously with this application. This application will not be forwarded to the Plan Commission for consideration until all of such items are submitted.
5. Proof of ownership, disclosure of beneficial interest, and authorization to represent owner must be attached to this application.
I.
Name of Applicant Address Phone No.
Name of Owner Address Phone No.
Authorized Agent Address Phone No.
II. CHECK LIST OF ITEMS TO BE FILED WITH THIS APPLICATION:
• Preliminary plat, six (6) copies.
• Boundary Line Survey prepared and certified by a surveyor registered in the State of Illinois.
• Written authorization of agent, if any, to represent owner, expressly stating the extent of authority of any agent.
• Disclosure of beneficial ownership of land trust, if any.
• Proof of ownership.
• Soil and Water Conservation District application evidencing that application has been made directly to the District.
• Topographical and profile studies, drawn to same scale as overlays to Plat showing source of data, and certification of registered professional engineer and owner of the land or his duly authorized attorney regarding the drainage of surface waters as required by Section 2 of the Illinois Plats Act (Chapter 109, Section 2, Illinois Compiled Statutes, as amended), six (6) copies.
• School Demographic Study and determination of acreage allotment (City of Warrenville City Code Section 8-4-1).
• Preliminary plan for sewer and water, either an engineering plan or a written statement setting forth general plans for sewers, water supply, and storm sewers, indicating methods to be employed to overcome particular problems that may be encountered, six (6) copies.
• A letter from the DuPage County Waste Water Facility Planning area, lead agency in whose jurisdiction the proposed subdivision is located certifying the availability (or lack thereof) of wastewater treatment plant capacity and presence of sanitary sewers to serve the proposed subdivision.
• Owner's or subdivider's statement that the Preliminary Plat is in substantial accordance with the Comprehensive Plan of the City of Warrenville. If any changes to the Comprehensive Plan are proposed, submit a description of the proposed changes.
• A soils analysis prepared by an engineer registered in the State of Illinois which shall be of sufficient scope to point out potential ground absorption, runoff or flooding deficiencies, the presence of unstable soils or soils of low bearing capacity, or the presence of subsurface rock that would affect the installation of underground improvements or the provision of above ground improvements, six (6) copies.
• Drafts of proposed protective covenants, four (4) copies.
• Payment of required fees.
• Any other items required by law from time to time.
III. DRAWINGS AND MAPS - REQUIRED IDENTIFICATION AND DESCRIPTION
• Proposed name of the subdivision - not a duplication of a name of any plat heretofore recorded in the City or in DuPage County.
• Location of the subdivision by section, township, and range or by other approved legal description.
• Name and address of the designer of the subdivision.
• Name and address of the owner or subdivider of the subdivision.
• Drawing number and date of preparation with provision for revisions of drawing.
• Graphic scale - shall be at a scale of not less than one inch equals one hundred feet (1" = 100').
• North point (designated as true north).
• Locations or references to locations of existing monuments or survey markers used in preparation of survey and grade elevation of each monument and marker.
IV. PRELIMINARY PLAT MUST INCLUDE THE FOLLOWING (SEE SECTION 6.03 OF SUBDIVISION CONTROL ORDINANCE):
• Was a preliminary consultation meeting attended with the Plan Commission?
Yes No If yes, date .
Existing Conditions
• Boundary lines.
• Existing zoning districts in proposed subdivision and adjacent tracts.
• Total acreage therein.
• Location, widths, and name of all existing or previously platted streets or other rights-of-way showing type of improvement (if any), railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines within the tract and to a distance of 100 feet beyond the tract and the distance to the nearest street if beyond 100 feet from tract.
• Utilities on and adjacent to the tract location and size of existing sanitary and storm sewer lines, water mains, culverts, and other underground facilities within the tract and to a distance of 100 feet beyond the tract (also showing location and invert grade elevations of catch-basins, manholes, and fire hydrants). Also the engineer's opinion regarding the adequacy of such utilities.
• Location map drawn at a scale of not less than one inch equals 1,000 feet (1" = 1,000'), showing boundary lines of adjoining unsubdivided or subdivided land within an area bounded by nearest arterial streets or other natural boundaries, but not less than one-half mile beyond the subdivision boundaries in subdivisions located beyond the City limits, identifying type of use and ownership of surrounding land and showing alignments of existing streets.
• Topographic data including existing contours at vertical intervals of not more than two feet, except, in unusual topographical conditions, such vertical intervals may be required to be altered as determined by the City Engineer; and location of water courses, marshes, and other significant features. Soil boring data and seepage tests may be required at locations and depths as determined by the City Engineer.
• Other conditions on tract or adjacent land (water courses, marshes, rock outcrop, trees six (6) inches or more in caliper at one (1) foot above ground level, buildings, railroads, power lines, etc.)
Proposed Conditions
• Layouts of streets showing right-of-way widths and street names (not duplicating the name of any streets heretofore used in the City or its environs unless such street is an extension of or in line with an already named street in which event that name shall be used) and showing proposed through streets extended to boundaries of subdivisions.
• Locations and widths of proposed alleys, pedestrian ways, utility easements.
• Layout, total number of lots, and scaled dimensions on the lot containing the minimum width and depth and on the lot containing the maximum width and depth.
• Minimum front and side street building setback line - indicating dimensions.
• The City of Warrenville zoning districts proposed for the subdivision.
• Areas, if any, intended to be dedicated or reserved for non-residential purposes - indicating in each the approximate acreage. Such areas shall be designated by letter or number.
• Proposed location of sewer lines and storm water drains and proposed methods of sewage and waste disposal and surface water drainage, including the required topographic and profile studies having on their fact the certification regarding drainage of surface waters required under Section 2 of the Illinois Plats Act (Chapter 109, Section 2, Illinois Compiled Statutes, as amended.)
• If the land being subdivided or any part thereof is zoned for a planned development, areas which are allocated as open space shall be designated as such with a letter of the alphabet and shall be legally described.
• When recommended by the Engineer and required by the Plan Commission, the subdivider shall submit proposed detailed grading plans of blocks and lots.
• Sites, if any, shall be shown for multi-family dwellings, shopping center, churches, industry, or other non-public uses exclusive of single-family dwellings.
THE ABOVE INFORMATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SIGNATURE OF APPLICANT/ AGENT
APPLICATION DATE
(Ord. 807, 11-4-1985)
APPENDIX III
CHECK LIST REVIEW OF FINAL PLAT OF SUBDIVISION
CHECK LIST REVIEW OF FINAL PLAT OF SUBDIVISION
CITY OF WARRENVILLE
APPLICATION FOR FINAL PLAT APPROVAL
APPLICATION FOR FINAL PLAT APPROVAL
SUBDIVISION NAME
INSTRUCTIONS
1. Please print. Application must be complete before filing with the City of Warrenville.
2. Before making application, a copy of the Warrenville Subdivision Control Ordinance should be obtained and reviewed, with particular attention paid to Sections 6.05 and 6,06. Applicants should also familiarize themselves with requirements of the Plats Act, Illinois Compiled Statutes, Chapter 109, as amended.
3. All items listed below in the checklist and any others required by law from time to time, must be submitted simultaneously with this application. This application will not be processed until all of such items are submitted.
4. Application for Final Plat approval must be made within three (3) months after approval of the preliminary Plat.
5. Proof of ownership, disclosure of beneficial interest, and authorization to represent owner must be attached to this application.
6. Engineering plan review fees and engineering inspection fees must be paid at the same time this application is submitted.
I.
Name of Applicant Address Phone No.
Name of Owner Address Phone No.
Authorized Agent Address Phone No.
II. CHECK LIST OF ITEMS TO BE FILED WITH THIS APPLICATION:
• Six (6) copies of the final plat.
• Final engineering plans, six (6) copies, ( City will mark if not required).
• Statement of agreement, six (6) copies regarding land improvements and plans and specifications.
• Boundary line survey, six (6) copies, on a map prepared and certified by a registered surveyor ( City will mark if not required).
• A map of topographical survey data, six (6) copies, indicating the source of the survey data ( City will mark if not required).
• Certification, six (6) copies, disclosing the beneficial owners of any land trust owning land in the subdivision and all contracts, commitments or encumbrances into which the beneficiaries of the land trust have entered concerning the real estate. Such certification and disclosure must be verified by the trustee of the land trust in his capacity as trustee or by a beneficiary of the land trust.
• A study or studies, six (6) copies, which shows topographically and by profile (a) the elevation of the land prior to the commencement bf any change in elevations as part of any phase of the subdivision; and (b) proposed changes in the elevations and the flow of surface water from the land in the subdivision if such are to occur by development. Such studies must be to the same scale as the plat, be usable as overlays to the plat and have on their face the certification of a registered professional engineer and the owner of the land or his duly authorized attorney to the effect that, "to the best of their knowledge and belief the drainage of surface waters will not be changed by the construction of such subdivision or any part thereof, or, that if such surface water drainage will be changed, adequate provision has been made for the collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and that such surface waters will not be deposited on the property of adjoining land owners in such concentrations as my cause damage to the adjoining property because of the construction of the subdivision."
• Grading plans, six (6) copies, when recommended by the City Engineer and required by the Plan Commission ( City will mark if not required).
• Protective covenants, four (4) copies, if not shown on plat.
• Payment of all fees due as a result of re-adjustment of the fee for filing of the preliminary plat.
• Payment of all engineering fees for the review of plans and specifications by the City Engineer and for inspection of the improvements.
• Statement of agreement, six (6) copies, that the City will be reimbursed for fees involved in the recording of the plat.
• Any other items required by law from time to time.
III. FINAL PLAT (MUST INCLUDE THE FOLLOWING - SEE SECTION 6.06)
• Proposed name of the subdivision - not a duplication of name of any plat heretofore recorded in the City or in DuPage County.
• Location by section, town and range, or by other approved legal description (PIN).
• Name and address of the owner or subdivider of the proposed subdivision and designer of such subdivision.
• Graphic scale - shall not have a greater differentiation than one inch equals 100 feet (1" = 100').
• North point (designated as true north).
• Date of preparation and drawing number.
• Boundary lines of the subdivision.
• Layouts of streets showing right-of-way widths and street names (not duplicating the name of any streets heretofore used in the City or its environs unless such street is an extension of or in line with an already named street in which event that name shall be used) and showing proposed through streets extended to boundaries of subdivision.
• Locations and widths of alleys, pedestrian ways, utility easements.
• Storm water drainage and utility easements.
• Areas (other than for streets, alleys, pedestrian ways, utility easements and private lots) intended to be dedicated or reserved for non-residential purposes with an indication of the approximate acreage and designated by letter or number.
• Areas for public use.
• If any part of the subdivision is zoned for a planned unit development, areas which are allocated as open space shall be designated as such, with a letter of the alphabet and shall be legally described.
• Accurate angular and lineal dimensions for all lines, angles and curvatures with functions used to describe all boundaries including perimeter survey of tract, streets, alleys, easements, areas to be reserved for public use, and other important features.
• Location of all permanent lot markers as actually installed.
• Identification of all blocks and lots using consecutive numbers for lots within a block.
• True angles and distances to the nearest established street lines and official monuments (not less than three), which shall be accurately described in the plat by location, size and elevation.
• Municipal, township or section lines accurately correlated to the lines of the subdivision by distances and angles.
• Accurate location of all monuments which shall be placed at all block corners, angle points and at intermediate points as shall be required by the City Engineer.
• Designation of the points where monuments marking the external boundaries of the subdivision may be found. These monuments must be placed at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line and at all angle points along a meander line, the points to but not less than twenty (20) feet back from the normal water elevation of' a lake or from the bank of a stream except that when such corners or points fall within a street or proposed future street, monuments must be placed on the right-of-way line of the street,
• Outlines and legal descriptions of any areas to be dedicated or reserved for public use or for the exclusive use of property owners within the subdivision, Protective covenants, unless filed as an accompanying document.
• THE APPLICATION FOR APPROVAL OF THE FINAL PLAT SHALL NOT BE DEEMED COMPLETE UNTIL THE FOLLOWING CERTIFICATES are included on the final plat. All certificates must be duly executed prior to plat recordation by the City. Execution of any certificates set forth below in 10, 12, 13 and 15 may be waived by the City upon submission of evidence that the person required to execute the certificate has no authority to do so or lacks jurisdiction over the subdivision. (SEE SUBDIVISION ORDINANCE FOR EXACT FORM OF CERTIFICATE).
1. Owner's Certificate
2. Owner's Surface Water Drainage Certificate
3. Engineer's Surface Water Drainage Certificate
4. Notary Certificate
5. Surveyor's Certificate
6. Plan Commission's Certificate
7. City Engineer's Certificate
8. City Collector Certificate
9. City Council Certificate.
10. County Clerk Certificate
11. Certificate of County Recorder
12. County Health Department Certificate
13. County Engineer Certificate
14. City Clerk Certificate
15. Plat Certificate (for subdivisions outside corporate limits only).
THE ABOVE INFORMATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
Signature of Applicant/Agent
Application Date
(Ord. 807, 11-4-1985)
APPENDIX IV
CITY OF WARRENVILLE
PERFORMANCE BOND
PERFORMANCE BOND
Amount: Bond No.
CONTRACTOR (Name and Address):
SURETY (Name and Address):
OBLIGEE (Name and Address):
SUBDIVISION IMPROVEMENTS : | TO BE COMPLETED AS PER THE DOCUMENTS IDENTIFIED ON EXHIBIT 1-A ATTACHED HERETO AND MADE A PART HEREOF AND IN ACCORDANCE WITH THE SCHEDULE OF SUBDIVISION IMPROVEMENTS CONTAINED THEREIN. |
DESCRIPTION (Name and Location):
DATE:
CONTRACTOR AS PRINCIPAL SURETY
Company Company
Signature Signature
Name and Title Name and Title
Address Address
(SEAL) (SEAL)
(Any additional signatures appear on page 2.)
(FOR INFORMATION ONLY Name, Address and Telephone):
AGENT OR BROKER:
1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Obligee for the completion of the Subdivision Improvements in a timely manner.
2. If the Contractor completes the Subdivision Improvements, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1.
3. The Surety's obligation under this bond shall arise after:
3.1 The Obligee has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Obligee is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than 15 days after receipt of such notice to discuss methods of completing the Subdivision Improvements. If the Obligee, the Contractor and the Surety agree, the Contractor shall be allowed to complete the Subdivision Improvements, but such an agreement shall not waive the Obligee's right, if any, subsequently, to declare a Contractor Default; and
3.2 The Obligee has declared a Contractor Default. Such Contractor Default shall not be declared earlier than 20 days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1.
3.3 Simultaneously with a declaration of Contractor Default by the Obligee, or within a reasonable period of time thereafter, the Obligee shall notify the Surety of the actions that the Obligee requires in order to remedy the Contractor Default. Pursuant to the Obligee's instructions, the Surety shall either:
3.3.1 Within 30 days, pay to the Obligee the full amount of the Performance Bond. The Obligee shall thereupon utilize the bond proceeds solely to cause completion of the work or to cause correction of defective work associated with the Subdivision Improvements. Any bond proceeds remaining after the completion of the work or the correction of defective work shall be returned to the Surety by the Obligee; or
3.3.2 Undertake to perform and complete the Subdivision Improvements itself, through its agents or through independent contractors; or
3.3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Obligee for a contract for performance and completion of the Subdivision Improvements, arrange for a contract to be prepared for execution by the Obligee and the contractor selected with the Obligee's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Subdivision Improvements, and pay to the Obligee the amount of damages as described in Paragraph 5.
3.4 The Obligee's determination of which course of action the Surety must pursue under Paragraph 3.3 in order to remedy a Contractor's Default shall be final.
4. If the Surety does not proceed as provided in Paragraph 3 in a timely manner, the Surety shall be deemed to be in default on this Bond.
5. After the Obligee has terminated the Contractor's right to complete the Subdivision Improvements, then the responsibilities of the Surety to the Obligee shall not be greater than those of the Contractor under the Subdivision Improvements. To the limit of the amount of this Bond, the Surety is obligated without duplication for:
5.1 The responsibilities of the Contractor for correction of defective work and completion of the Subdivision Improvements;
5.2 Any and all legal fees, engineering and design professional fees, and all costs related to the delay, including but not limited to increased labor and material costs resulting from the acts or failure to act on behalf of the Surety pursuant to Paragraphs 3 and 4; and
5.3 Actual damages caused by delayed performance or non-performance of the Contractor.
6. The Surety shall not be liable to the Obligee or others for obligations of the Contractor that are unrelated to the Subdivision Improvements. No right of action shall accrue on this Bond to any person or entity other than the Obligee or its heirs, executors, administrators or successors.
7. The Surety hereby waives notice of any change, including changes of time, to the Subdivision Improvements or to related subcontracts, purchase orders and other obligations.
8. Any action, legal or equitable, under this Bond shall be brought only in the Circuit Court of Illinois in the judicial circuit in which the contract is to be performed. Such action must be brought within four years after the Surety refuses or fails to perform as required by the Obligee in Paragraph 3.
9. In the event the Surety fails to perform its obligations hereunder in a timely manner, the Obligee may commence legal proceedings in a court of competent jurisdiction in the location where the Subdivision Improvements are situated, and the Surety shall be responsible for the payment of all the Obligee's attorneys' fees and costs incurred in such proceeding, which attorneys' fees and costs shall be in addition to, and not limited in any manner by, the principal amount of this Bond.
10. Notice to the surety, the Obligee or the Contractor shall be mailed or delivered to the address shown on the signature page.
11. DEFINITIONS
11.1 Subdivision Improvements: Those improvements identified in Exhibit 1-A attached hereto.
11.2 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
Company Company
Signature Signature
Name and Title Name and Title
Address Address
(SEAL) (SEAL)
(Ord. 2813, 11-18-2013)
APPENDIX V
CITY OF WARRENVILLE
PAYMENT BOND
PAYMENT BOND
Amount: Bond No.
CONTRACTOR (Name and Address):
SURETY (Name and Address):
OBLIGEE (Name and Address):
SUBDIVISION IMPROVEMENTS: TO BE COMPLETED AS PER THE DOCUMENTS IDENTIFIED ON EXHIBIT 1-B ATTACHED HERETO AND MADE A PART HEREOF.
DESCRIPTION (Name and Location):
DATE:
Company Company
Signature Signature
Name and Title Name and Title
Address Address
(SEAL) (SEAL)
(Any additional signatures appear on page 2.)
(FOR INFORMATION ONLY- Name, Address and Telephone)
AGENT OR BROKER:
1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Obligee to pay for labor, materials and equipment furnished for use in the completion of the Subdivision Improvements which are incorporated herein by reference.
2. With respect to the Obligee, this obligation shall be null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants and
2.2 Defends, indemnifies and holds the Obligee harmless from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the completion of the Subdivision Improvements, provided the Obligee has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Obligee Default.
3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly for all the sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 13} and sent a copy, or notice thereof, to the Obligee, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the Contractor:
a. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Obligee, within 90 days after having last performed labor or lost furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and
b. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and
c. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 13) and sent a copy, or notice thereof, to the Obligee stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor.
5. If a notice required by Paragraph 4 is given by Obligee to the Contractor or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the Obligee, within 30 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts within 30 days after receipt of the claim.
7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
8. By the Contractor furnishing and the Obligee accepting this Bond, they agree that all funds earned by the Contractor in the completion of the Subdivision Improvements are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Obligee's priority to use the funds for the completion of the work.
9. The Surety shall not be liable to Obligee, Claimants or others for obligations of the Contractor that are unrelated o the Subdivision Improvements. The Obligee shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of time, to the Subdivision Improvements or to related subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (a) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.b, or (b) on which the last labor or service was performed by anyone relating to the Subdivision Improvements, whichever of (a) or (b) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
12. In the event the Surety fails to perform its obligations hereunder in a timely manner, the Obligee may commence legal proceedings in a court of competent jurisdiction in the location where the Subdivision Improvements are situated, and the Surety shall be responsible for the payment of all the Obligee's attorneys' fees and costs incurred in such proceeding, which attorneys' fees and costs shall be in addition to, and not limited in any manner by, the principal amount of this Bond.
13. Notice to the surety, the Obligee or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Obligee or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.
14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted therefrom, and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
15. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.
16. DEFINITIONS
16.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the completion of the Subdivision Improvements. The intent of this Bond shall be to include, without limitation in terms of "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the completion of the Subdivision Improvements, architectural and engineering services required for the performance of the work of the Contractor and the Contractor's subcontractors and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.
16.2 Subdivision Improvements: Those improvements identified in Exhibit 1-B attached hereto.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company Company
Signature Signature
Name and Title Name and Title
Address Address
(SEAL) (SEAL)
(Ord. 2813, 11-18-2013)
Next Doc