Any owner or subdivider filing an application for approval of
a final plat shall submit a statement of agreement that the land improvements
required by the City shall be completed by the owner or subdivider
in accordance with plans and specifications approved by the City Engineer
and City Council, including all engineering review and inspection
fees required. Two sets of as-built plans showing such as-built improvements
as installed shall be filed with the City Clerk no later than six
months after the approval of such improvements.
A performance or completion bond or other such approved security
shall be posted by the owner or subdivider with the City Clerk prior
to recording of the final plat. Such completion bond shall be a penal
sum sufficient to cover the cost of the land improvements required,
or in lieu of a bond, a deposit of cash, other securities, or guarantees
to the City Council may be acceptable. Such cost for the completion
of the required land improvements shall be in accordance with cost
estimates prepared by the owner's engineer and approved by the City
Council and the City Engineer. If a completion bond, or deposit of
cash, or owner's security or guarantee is posted, there shall be good
and sufficient surety thereon, as approved by the City Council, and
be in such form as approved by the City Attorney and conditioned upon
the installation of said improvements and payment of inspection fees,
within two years following the approval of the final plat. If cash
or other security is deposited, it is to be used insofar as it is
sufficient to cover the cost of making such improvements, including
engineering review and inspection fees. Any unused balance will be
returned to the depositor. There shall be no reduction of that portion
of the bond or deposit applying to a particular improvement until
all improvements have been made and formally accepted in ordinance
form by the City Council.
The completion bond shall be acknowledged before a notary public
by the principal and surety and shall be in substantially a similar
form as the following and shall remain in force for a period of time
not less than 12 months after the completion and acceptance by the
City for all of the improvements.
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KNOW ALL MEN BY THESE PRESENTS THAT: We _______________________________________,
as principal and as surety, are firmly bound to the City of Mendota,
Illinois in the penal sum of $____________, lawful money of the United
States of America for the payment of such sum, well and truly to be
made, we bind ourselves, our heirs, executors, administrators and
assigns, jointly and severally, until all improvements as shown on
the specified and approved plans and for a period of one year after
the formal acceptance of all such improvements by the City of Mendota
by these presents.
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The condition of the above obligation is such that:
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WHEREAS, _________________________________ (owner or developer
or subdivider), has obtained, according to law and ordinances of the
City of Mendota, approval of the Plat of ________________________________,
being a subdivision or planned unit development in the City of Mendota
_________________________________ in LaSalle County, Illinois, conditioned
upon: (a) that by the making of certain land improvements to wit:
(name general type of improvement)
______________________ as more fully described in plans dated
___________ and prepared by ________________________________ (engineering
firm) and by the execution and delivery of this bond;
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NOW, if said ____________________________________________ (owner
or developer or subdivider) shall well and faithfully and in a good
and workmanlike manner of good materials according to law and ordinance
of the City of Mendota, and in conformity with said plans dated _______________,
construct said improvements, and pay all inspection fees payable to
said City by reason of such construction,
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THEN THIS OBLIGATION shall be null and void; otherwise the same
shall remain in full force and effect.
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IN WITNESS WHEREOF, we have hereunto set our hands and seal
this _____ day of ___________, 20___.
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Principal
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Surety
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NOTARY CERTIFICATE
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STATE OF
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)
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SS
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COUNTY OF
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)
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I, ______________________________, a Notary Public in and for
said County, in the state aforesaid, do hereby certify that __________________________________,
is/are personally known to me to be the same person(s) whose name(s)
is subscribed to the foregoing instrument as such owner(s), appeared
before me this day in person and acknowledged that he (she or they)
signed the plat as his (her or their) own free and voluntary act for
uses and purposes therein set forth.
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Given under my hand and Notarial Seal this _____, day of __________,
20_____.
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Notary Public
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The City Clerk shall not certify the approval of the City Council
on the final plat until the required bond or cash or deposit or other
guarantee has been filed as required by this section.
Other variations of bond formats, with the approval of the City,
may also be acceptable. The owner and/or developer shall be responsible
to present the City with an acceptable performance and completion
bond and also a labor and materials bond for providing the proposed
improvements to the subdivision or planned unit development.
