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HomeMy WebLinkAbout770578.tiff RESOLUTION RE: RELEASE OF SURETY BOND OF WIGGINS TELEPHONE ASSOCIATION FOR WELD COUNTY UNDERGROUND AND UTILITY PERMITS # 1529 and #1699 . WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, are vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Weld County Engineer has recommended the re- lease of a $10 ,000. 00 surety bond issued by the United States Fidelity and Guaranty Company of Baltimore, Maryland, payable to the Board of County Commissioners of Weld County, Colorado, which bond was submitted by the applicant, Wiggins Telephone Association, P. 0. Box 248, Wiggins , Colorado 80654 , on June 6, 1975, in connection with underground and utility permits #1529 and #1699 which were issued on November 4 , 1975 and April 23, 1976 , respectively, to install underground telephone cable in Weld County right-of-way, as shown on the "as-built plans" in the County Engineer' s Office. The bond so issued was bond #13-8089-75. All work has been completed under the request, and many inspections were made during and after the construction. No apparent damage to County right-of-way was visible at the time of the inspections. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that it does hereby direct the County Clerk to release said bond now being held by the County of Weld in the sum of $10 , 000. 00 for and on behalf of Wiggins Telephone Association, P. O. Box 248 , Wiggins , Colorado 80654. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 21st day of March, A.D. , 1977. The above and foregoing Resolution was read into the record and signed on the 23rd day of March, A.D. , 1977. ATTEST : fb o,,? i ,;.;•._' 1 ` ' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder ✓j and Clerk to the Board -2'72 '�i L . `tDeputy Count Clerk � 1"- I it 770576 APPROVED PROVED A --TO FORM: r 'C i �..., County Attorney ji'; A: UNITED STATES IFI DIEILITY AND GUARANTY COMPANY gets.,.A474not F^, (A Stock Company) BOND BOND NUMB R 13-8089-75 KNOW ALL MEN BY THESE PRESENTS: ilkiiTHAT STAKE CONSTRUCTION CO. of ENNOX State of SOUTH DAKOTA Pri ' a and UNI ;e ;:ATES FIDELITY A r. GUARANTY COMPANY, of Baltimore, Maryland, as S t , held and firml :• ind unto I WELD COUNTY AT GREELEY r t. 0 aspgee, TEN THOUSAND AND NO 100- 10 .0 i/ 0 in the penal sum of oilers z ) lawful Vino of the United States, for the payment of which, w and truly to be m•.e, we • . ourselves, our heirs,4q cutors and administrators, successors and assigns, 'oint verally, and fi e presents. 0 Signed, sealed and dated.... n 1975 0 mit Bond co "ring Buried Cable and WHEREAS, the abov nBisn Principal has a•pli:• `� tjaA rela t rk in connection t•ith REA ..pi i, Colorado 507.'=ll' 6, 1975 „., ndmg sJune br 1976 for the term beginningtand this Bond is to coverterm of said Licen Vil l NOW, T RERE, the condition of thi,,°•bli is sue,it'd if a License is granted to the said Principal, i h LICENSEE shall dui. . ,' e o aid ' en faithfully observe all the Ordinances of said Oblige d faithfully perform „�utie r u red b. rdinance, rules or regulations and will save and keep harmless and i •• ify ✓ li . rom av ,actions, suits, costs, damages and expenses, includ- t ing Attorneys' Fees whic shall o ay ,E time Itpen to come to it or for or on account of any injury or damage received or sustaine• 1. 7 ' on, the above obligation shall be void; otherwise to be and r remain in full force and eff;. `. It is understood an 'agreed that this bond may be continued by continuation certificate signed by the Surety. It is further u•-•erstood and agreed that if the Surety shall so elect, this bond may be cancelled by giving thirty days'not a in writing to said Obligee. STAKE CONSTRUCTION CO. (Seal) UNITED STATES FIDELITY AND GUARANTY COMPANY P/5-D. R. llou ertY Ai}orney-in-fact C r WELD COUNTY COLORADO County Commissioners Pete March 17 , 1977 '' For Action To For Info To Your Action Or Reply Is Required Subject: Bond Release On Or Before Wigg.. ns Telephone Association Weld County Underground and Utility permits 1529 and 1699 were issued to Wiggins Telephone Association to install underground telephone cable in Weld County R.O.W . as shown on maps in the County Engineer ' s office . The two projects are covered by a .$10 , 000 .00 Bond No . 13-8089-75 issued by United States Fidelity and guaranty Company . All work has been completed under the requests and many inspections were made during and after construction . No apparent damage to County R .O.W . was visible at the time of inspections . This office now recommends that said Bond be released and request that release be sent to Wiggins Telephone Association , P . O. Box 248 , Wiggins , Colorado 80654 , and a copy sent to Stake Construction Co . , Lennox , South Dakota 57039 . iii Nil Tr i , 8k�rd L. Vr' r-, Gilman P . Olsona Utility Director GL0/mm CC : Clerk to the Board County Attorney ,008—Acknowledgment by Corporation ssocration. (Revised 1937) Miller-Davis Co.,Minneapolis.Minn. hate Of So .D.ako.t (L On this 6th day of June 19 75 County of_...i i-, ) before me appeared AI, OC t-Ti9" to me personally known, who, be1n6 by me my sworn, did say that he is the !. ,�,ee.✓p dear of Stake....Cons.txu.ct.i.on...Co , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) li and that said instrument was executed in behalf of said corporation by authority of its Board of Directors ; and that said W' F 1 acknowledged said instrument to be the free ct d deed a id r poral. n. ��� Notary Public 4"1'6-/K ou.ntp, ._s7` - -"x- My commission expires /7t• 5 . /I77 e-• .ORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF Minnesota .ss: COUNTY OR CITY OF_____ Ramsey -- D. R. Dougherty Before me, a Notary Public,personally came _ known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors, and that the execution of the attached bond is the free act and deed of United States Fidelity and Guaranty Company. Given under my hand and seal this _ 6th day of June I9_75__. • a—A a a�am.aaua w,,ow•a,P,a&Pl n as y Public-- wa35 SUSAN M. CUNNINGHAM ,w 'i NOTARY PUBLICS MINNESOTA My Commission expires____—____—_---------- we RAMSEY COUNTY ,,,_„ 1 ,"— My Commission Expires Oct. 1,1979 Jvd.876 (947) •, JK WNf/GGMtltlF"tl"YtltlCGt.'tlVt/N/tlF/t/G':YA7G'CtltlCttlM CERTIFIED COPY GENERAL POWER OF ATTORNEY No 85239 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Jack Cedarleaf, Evar T. Cedarleaf, Jr. , C. G. Cedarleaf, Jimmy G. Cedarleaf, Gerald W. Hooker, Robert E. Slater, Jr. , Richard J. Larsen and D. R. Dougherty of the City of St. Paul , State of Minnesota its true and lawful attorneys tdCacatra crest cocit for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever *remand anyone of the said Jack Cedarleaf and the said Evar T. Cedarleaf, Jr. and the said C. G. Cedarleaf.and the said Jimmy G. Cedarleaf and the said Gerald W. Hooker and the said Robert E. Slater, Jr. and the said Richard J. Larsen and the said D. R. Dougherty may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 10th day of October , A. D. 19 74 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By Charles W. Boone Vice-President. (SEAL) (Signed) William J. Phelan Assistant Secretary. STATE OF MARYLAND, } BALTIMORE CITY, ss- On this 10th day of October . A. D. 19 74, before me personally came Charles W. Boone ,Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and William J. Phelan , Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Charles W. Boone and William J. Phelan were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July,A.D. 19..78..., (SEAL) (Signed) Herbert J. Aull Notary Public. STATE OF MARYLAND ) BALTIMORE CITY, 1} Sct. i, Robert H. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 11 day of October , A. D. 1974 (SEAL) (Signed) Robert H. Bouse Clerk of the Superior Court of Baltimore City. FS 3 19-61) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest. municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. /, Mark F. Boyer , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Jack Cedarleaf, Evar T. Cedarleaf, Jr. , C. G. Cedarleaf, Jimmy G. Cedarleaf, Gerald W. Hooker, Robert E. Slater, Jr. , Richard J. Larsen and D. R. Dougherty of St. Paul, Minnesota , authorizing and empowering them to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on June 6, 975 (Date) Assistant Secretary. flu 13-8089-75 10,000.00 RIDER To be attached to and form part of Bond Number 13-8089-75 executed by Stake Construction Co. as Principal, and UNITED STA .S IDELITY AND GUARANTY COMPANY, as Surety, in favor of Weld Cpunt t Greeley, Colorado and dated June 6, 1975. n (1i In consideration of the premium char e a e attached bond, it is hereby agreed that: i this bond shall be effecti thr ugh December 31, 1976. ,1 ,"1. /)./ f' • l The attached bond shal be subject to all its agreements, limitations and conditions except as herein expressly modified. r / This rider shall become effective as of the 6th day of June, 1975. Signed, sealed and dated this 29th day of July, 1975. STAKE CONSTRUCTION CO. 'Principal By //`` 3 UNITED STATES FIDELITY AND GUARANTY COMPANY 1 By L( j(,/1L___L ( ( , 4( ( ( t (‘' . Jack Cedarleaf, Attorney.'in-fact . c Hello