HomeMy Public PortalAbout2012-10-23 Continuous Removal Bond - NewPath Networks, LLC New Puih w-fworks, QC
Bond No. K08822372 Premium: $750.00
CONTINUOUS REMOVAL 13OND
KNOW ALL MEN BY THESE PRESENTS,that we,NewPath Networks. LLC
(hereinafter called the"Principar),as Principal,and Westchester Fire Insurance Company
(hereinafter called the 'Surely`), as Surety, are held and firmly bound unto the
City of Fullerton
303 W. Commonwealth Avenue, Fullerton, PA 92832-1775 (hereinafter called
the°Obligee°),as Obligee,in the sum of Fifty Thousand Dollars and 00/100
,($50,000.00 )for the payment of which sum well and
truly to be made, we the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, the Principal has entered info a lease agreement dated for the
property at 1031 RosecransAve., Fullerton, Ca
(hereinafter called the 'Lease Agreement'), for the purpose of constructing a communications tower,
as more particularly described in the Site Agreement
NOW, THEREFORE, pursuant to the Requirement of the Lease, the conditions of this obligation are
such, that if the Principal shall faithfully remove all equipment installed by the Principal at the end of
the Lease Agreement,then this obligation shall be null and void; otherwise to remain in full force and
effect
PROVIDED, HOWEVER, that this bond is executed by the Principal and Surety and accepted by the
Obligee subject to the following express conditions
1. No assignment of this bond shall be effective without the written consent of the Surety.
2. 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 its Home Office located
at 436 Walnut St., WA1OH Philadelphia, PA 19106-3703
by registered mail to the Surety and the Surety shall not be obligated to perform
Principal's obligation until sixty(60)days after Surety's receipt of such statement
3. This bond shall be continuous and remain in full force and effect until Lability hereunder is
released by the Obligee.
4. This bond may be cancelled by the surety at any iime by giving Thirty(30)days notice,by
registered mail or overnight courier service to the City of Fullerton
. Such termination shall not affect liability incurred under
this obligation prior to the affective date of such termination.
5. In no event shall the liability of the Surety exceed the penal sum of this bond.
Witness whereof,said Principal and said Surety have caused these presents to be executed and their
seal affured this 23rd day of October 2012
NewPat Networks, LLC Westchester Fire Insurance Company
BY: ( my BY:
nathan P. McCauley Attor y-in- n
c
Power of Attorney Surety Bond No:K08822372
Westchester Fire Insurance Company
Know all men by these presents:That WESTCHESTER FUZE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit:
-RESOLVED,that the following authoriratiom reline to the exaution,for and an behalfof the Company,ofbatMs,tuxlemkings,recognamu a,contracts and other wrincn commitments ofthe Company
crossed into the ordinary,course oflxamess(each a"Written Commument•):
(1) Each of the Chairman,the President and the Via Presidents ofthe Company is hereby aushorbsd to execute any written Commitment for and can beholfofthe Company,under the seal of the Company or
otherwise.
(2) Each duly appointed anomey-imfad ofthe Company is hereby authored to mcadc any Written Commitment for ant on behalf of the Company,under the seal efthe Company or otherwise,to the extent that
such anion is authmiud by the grant of powers provided for in such persons wratm appomtrsettt as such enomey-ist-6ct.
(3) Each of the Chairman,the Praidem ant the Vice Presidents of the Company is hereby authored,for and on behalfofth Company,to appoint in writing any person the momey-imGct of the Company with
full power and authority to execute,for and an behalf of the Company,under the sal orthe Company or otherwise,such Written Commarm nts of be Company as may be specified in such written
appointment,which specification may be by genszl type or class of Wrmm Commitments or by specification of am car mon,particular Written Catunimenta
(4) Each of the chairman,the Nraide ,and Vice presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing any other omen ofthe Company the authority to
gsate,for and on behalf of the Company,under ae Company's seal or otherwise,such Written Commitments orthe Company as are spccifcd in such wrmm delegation,which sped femionuray be by
cneal type or class ofwratr,Cammumems or by Wifeation of are or mine particular Written Commitments.
(5) The signature army ommr or other person ramming any Written Commitment or appointment or delegation pursuant to this Rancho ior,and the seal of the Company,may be affixed by facsimile on such
Written Commitment or written appointment or delegation
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority ofomcers,employees and other persons to an for ant an behalfofthe
Company,and such ResoMlon shall not limit or athenvise affect the exercise of any such power or authority otherwise validly gramed or vested.
Does hereby nominate,constitute and appoint .Jonathan P.McCauley all of the City of( Pittsburgh ),( PA ),each
individually if there be more than one named,its one and lawful attomey-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all
bonds,undertakings,recognirances,contracts and other writings in the nature thereof in penalties not exceeding FIVE MILLION DOLLARS ($5,000,000.00)and the
execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and
acknowledged by the regularly elected officers of the Company at its principal office,
M WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 1st dayof January 2011 .
WESTCHESTER FIRE INSURANCE COMPANY
r
•>iy •� :�.," Stephen M.Haney,Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA SS.
On this Ist day of January AD. 2011 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia
came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who
executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said
Company;that the said corporate seal and his signature were duly affixed by the authority and direction of said corporation,and that Resolution,adopted by the
Board of Directors of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
NDTARIAL SEAL
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No Wry Public
1,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing is a substantially true and correct copy,is in full force and effect,
In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this 23rd day
of October 2012
ry
���w G•'; William L.Kelly,Assistant
tie fivon��,
PERFORMANCE BOND
Westchester Fire Insurance Company BOND NUMBER:K08822335
KNOW ALL MEN BY THESE PRESENTS:
That we NewPath Networks, LLC
(Insert full name and address or legal title of Principal)
2000 Corporate Drive, Canonsburg, PA 15317
As Principal, (hereinafter called Principal), and Westchester Fire Insurance Company, a corporation organized
and existing under the laws of the State of Pennsylvania as Surety, (hereinafter called Surety), are held and
firmly bound unto City of Fullerton
(Insert full name and address or legal title of Obligee)
303 W. Commonwealth Avenue, Fullerton, PA 92832-1775 As Obligee, (hereinafter called
Obligee), in the amount of Fifty Thousand Dollars and 00/100
Dollars ($ 50.000.00 ) for the payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, the Principal has by written agreement dated
Re ace Five street light poles,construct,maintain and operate DAS facilities
entered Into a contract with Obligee for within the public right of way at various locations along the City's arterials.
Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever Principal shall be, and declared by Obligee to be in default under the Contract, the Obligee having
performed Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly complete
the Contract in accordance with its terms and conditions.
Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final
payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the obligee
named herein or the heirs, executors, administrators or successors of the Obligee.
Signed and sealed this 23rd day of October 2012
NewPath Networks, LLC
Principal
By n "(1gwa-w
(SEAL)
Witness
WESTC FIRE INSURANCE COMPANY 10 7r��
By. s }
Witness han P. Mc auley Att in-Facta �#
Catherine L. Bellows t.
perfbond.wfic
Power of Attorney Surety Bond No:K08822335
Westchester Fire Insurance Company
Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit:
"RESOLVED,that the following author'vnions relate to the exectnia,for and.behalfofthe,Company,of bonds,undermkims,recopizaams,contracts and other wrium comm9meres ofthe Company
emerml into the ordinary course ofbusim.(such.'Written Commitment'):
(1) Earl ofthe Choiman,the Presid ent and the Vim Presidents ofthe Company is hereby authoraed to execute any Written Commitment for and on behalfofthe Company,under the seal ofthe Campany or
mth..
(2) Each duly appoiued attorney-in-GCt ofthe Comport,is breby authorized to memle any Writtm Commitment for and on behilfofthe Company,under the seal ofthe Company or otherw've,to the astern that
such action is authorized by de gam of powers owided for to such parsons writ.appoiamrnt m such morney-in-an.
(3) Each ofth,CluhrnanU•r President and the Via Presiderest.Rk Company is hereby+mhurtrcd.for and on behalfofthe Company,to appoint in writing any person the aaamry-in-fact f,he Company with
full power and=badly to exeente for and on behalfof the Company,under the seal ofthe Company,or otherwise,such Written Commitments ofthe Company as may he specified in such wrium
appoiramrnL which specification may he by general type or class ofwritten Commitments or by specification ofom aremre particular Writm Conan trnerus.
(4) Cam,ofthe Chahmara the Pretidem and Vice PretWeres ofthe Company is hereby authored.for and on behalfof the Company,to delegate in writing my other officer ofthc Company the authority to
carmade,for and on bchalfofthe Company,under the Company's seal or anerwise,such Written Commimenta ofthe Company as are specified in such written dekgatior,which specification may he by
grmrd type mclms of Written Commimems or by specification of.or come particular Written Commitment,
(5) The sigeatue ofany officer or other person amning any Writ.Commiment or ep,niurneN or dekgnfon tonneau to this Rmulation,and the seal ofthe Company,may be effeed by faesbnile an such
Written Commitment or wrium aP,intmcm or delegation-
FURTHER RESOLVED,that the foregoing Resolution shall cot be,dea nad to he on mchuive statement of the powers and authority afoRcer,,employees and other persom to am for and on hehalfofthe
Company,and such Resolution shall cot Ilnsit or otherwise alrm the exercise of any such power or authority otherwise validly granted m vested.
Does hereby nominate,constitute and appoint Jonathan P.McCauley all of the City of( Pittsburgh ),( PA ),each
individually if there be more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all
bonds,undertakings,recogni>ances,contracts and other writings in the nature thereof in penalties not exceeding FIVE MILLION DOLLARS ($5,000,000.00)and the
execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and
acknowledged by the regularly elected officers of the Company at its principal office,
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 1st day of January 2011 .
WESTCHESTER FIRE INSURANCE COMPANY
\'I al Stephen M.Haney,Vice President
G,:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 1st day of January AD. 2011 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia
came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who
executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said
Company,that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the
Board of Directors of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
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1,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing is a substantially true and correct copy,is in full force and effect
In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this 23rd day
of October 2012
William L.Kelly,Assisum
� G.