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HomeMy WebLinkAbout6_Tower Removal Bond_Ice Pond Bond No.017260722 Tower Removal Bond KNOW ALL PERSONS BY THESE PRESENTS: That we Atlas Tower 1 LLC a corporation duly organized under the laws of the State of CO as Principal and The Ohio C2-,U;;ItLJnSU[aara Company as Surety, are held and firmly bound unto City of Bozeman. Montana as Obligee, in the amount of Thirty Nine Thousand Dollars and 001100 (S 39,000.00 ) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents, the liability of the Surety being limited to the penal sum of this bond regardless of the number of years the bond is in effect. Whereas, the Principal has obtained written approval from the Obligee for the construction and erection of a wireless communication tower located at 205 Haggerty Lane, Bozeman MT 59715- Ice Pond Now, therefore if the principal well and truly complies with file maintenance, replacement, removal or relocation of the tower from the aforementioned address within 30 days upon receipt of written notice from the Obligee, to remove, replace, modify, or relocate the tower from said premises then this obligation is void otherwise to remain in full force and effect unless cancelled as set forth below. 1. 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 facts of such default shall be, within Thirty(30)days, delivered to Surety at it Home Office located at 175 Berkeley Street , Boston MA 02116 by registered mail to the Surety and the Surety shall not be obligated to perform Principals obligation until sixty(60) days after Surety's receipt of such statement. 2. The surety may cancel this bond at any time by giving Thirty (30) days notice, by registered mail or overnight courier service to 121 North Rouse Avenue Bozeman, MT 59715 (Obligee). Such termination shall not affect liability incurred under this obligation prior to the effective date of such termination. 3. No action, suit, or proceeding shall be maintained against the Surety on this bond unless the action is brought within twelve(12)months of the cancellation date of this bond. 4. Regardless of the number of years this bond may be renewed; in no event shall the liability of the Surety exceed the penal sum of this bond. 5. It is understood that the non-renewal of this bond by the Surety, or failure or inability of the Principal to file a replacement bond shall not constitute a loss recoverable by the Obligee under this bond. Signed;sealed, and witnessed this 26th day of July 2024 Atlas Tower 1, LLC Principa By: f11 W nes Pt�'i INS/Jp� he Ohio C sualty Insurance Company urn 0 = 1919� Z BY:/J LeeAnne K. Michaud ,.Attorney-in-Fact Surety Phone No. 617-357-9500 a This Power of Attorney limits the acts of those named herein,and they have no authority to Liberty, bind the Company except in the manner and to the extent herein stated. Mutual Liberty Mutual Insurance Company SURETY The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that I iberfy Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the la of the State of Indiana(herein collectively called Ihe'Companies'•pursuant to and by authority herein set forth,does hereby name,constitute and appoint LeeAnne K. Michaud all of the city of Columbia .state of MD its true and lawful attomey-intact,with full power and authority hereby conferred to sign,execute and acknowledge the following surety bond: Principal Name: Atlas Tower 1 LLC Obligee Nine: City of Bozeman, Montana Surety Bond Number. 017260722 Bond Amount:Sea Bond Fcrm IN WITNESS WHEREOF,this Power ofAhomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of July 2024. - — Liberty Mutual Insurance Company SU The Ohio Casualty Insurance Company q JP oAPo 1NSri/�R,�. JP 0Y IN%1`0R Gy P� eNok Ryy West Arnerican Insurance Company ?` rf0 ,r C, 1912 n c' o _ 1919 „ = 1991 pie�SCHUS�da YMA YP'�.+i� '/s, �yalAH' Ab By: David M.Carey,Assistant Secretary qj o m STATE OF PENNSYLVANIA ss p m COUNTY OF AfONTGOMERY CTj 7 5 c`) (D On this 26th day of July 2024,before me personally appeared David M.Carey.who acknowledged himself to be the Assistant Secretary of Liberty Mutual .o o Insurance Company,The Ohio Casualty Company.and West American Insurance Company,and that he,as such.being authorized so to do,execute the foregoing instrument for the re M purposes therein contained by siding on behalf of the corporations by himself as a duty authorized officer c' wD a) j IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. > C 9n PAST O Q� oniv C( Q D , Commonncalth of Penr3ylvaria-Nolery Seel Teresa Paslella NwAry Pubic �� 0-0 or NioNg7vry Courdy rl�) .ts My co-nwisscn expi•es March 23,2C-)5 By: (1).0 CE fr1' C 'rbT y u`P Cartxnssan nimbe 1126044 Teresa Pastella,Notary Public ` N 4t Membst,PenrnyvanieAsweationofNowief O c) M w This Power of Attorney is made and executed pursuant to and by authority of the following Byaaws and Authorizations of The Ohio Casualty Insurance Company.Liberty Mutual ¢o Insurance Company.and West American Insurance Company hliich resolutions are now in full force and effect reading as follows: Q •� ARTICLE IV-OFFICERS:Section 12 PonwofAttomey ui Any officer or other official of the 3 Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the 0 N P President may prescribe,shall appoint such atfomeys-in-fact,as may be necessary to act n behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety - o >, any and all undertakings,bonds,recogruzances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney, o p shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such C co > N Instruments shall be as binding as d signed byte President and attested to by the Secretary.Any power or authority granted to any representative or attorney-In-fact under the � Upra✓islons of this article fray be revoked al any time by the Board,the Chairman,the President or by ttse officer or officers granting such power or authority. L) ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and UndertakirM. Q Any officer of the Company authorized for that purpose in wnting by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, `o 2 shall appoint such attomeys-in-fad as may be necessary to act in behalf of the Company to make.execute,seal,acknoMedge and deliver as surety any and all undertakings. LL a bonds•recegni7ance3 and other surety obligations_Such aflomeys-in-fact,subject to the limitations set forth in their respective powers of affomey,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company authorizes David fA Carey,Assistant Secretary to appoint such altomeys- infact as may be necessary to act on behalf of the Company to make,execute•seal•acknowledge and deliver as surety arty and all undertakings,bonds,recognizancos and other surety obligations Authorization-By unanimous consent of the Company's Board of Direclors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of arty power of attorney issued by the Company in connection with surety bonds.shall be valid and binding upon the Company with the same force and effect as though manually affixed I,Rome C.Llewellyn.the undersigned.Assistant Secretary,of liberty Mutual Insurance Company.The Ohio Casualty Insurance Company,and WestAmedcan Insurance Company do hereby certify that this power of attomey executed by said Companies is in full force and effect and has riot been revoked IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed true seals of said Companies this 26th day of July 2024 . \NS4 \-S-f INS& 1Nsu,? P 4 P�--� j=`oaPo���tlti�v y��`ourok,,fN�L VP`oQroktr9�C� 1912 �o _ 1919 lllu 19tat 91 4cnu-tea Z0 c�/,�YPs�k�aC t, iy By• - - * ��Mm."FNas XemeLlewellyn,AsslstantSecretary !MIC OCIC WAIC-T9a4_692023