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HomeMy WebLinkAbout20002472.tiff FRANCHISE BOND Bond No. SC1099 KNOW ALL MEN BY THESE PRESENTS, That we Tele-Vue Systems Inc., a subsidiary of AT&T Corp., as Principal, and St. Paul Fire and Marine Insurance Company, a corporation of the State of Minnesota, as Surety, are held and firmly bound unto Weld County, Board of County Commissioners as Obligee, in the sum of Twenty Five Thousand and 00/100 Dollars ($25,000.00), lawful money of the United States of America, to be aid unto said Obligee, its successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a written agreement with the Obligee to Construct, operate and maintain a Cable Television System to provide Cable service within the Weld County, Board of County Commissioners which agreement is hereby referred to and made a part hereof as fully and to the same extend as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well fully indemnify and reimburse the obligee for any loss that they may suffer through the failure of the Principal to faithfully observe and perform all obligations and duties imposed upon the Principal by said agreement, for which a bond must be posted,then the above obligation to be void;otherwise to remain in full force and effect. PROVIDED,HOWEVER,it shall be a condition precedent to any right of recovery hereunder,that in 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 160 Water Street,New York,NY 10038 by registered mail. PROVIDED, HOWEVER,that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the surety within one year after completion of the work mentioned in said agreement, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance period provided in the agreement for which said Surety is liable, an action for maintenance may be brought within three months from the expiration of the maintenance period, but not afterwards. PROVIDED,HOWEVER,that no right of action shall accrue under this bond to or for the use of any person other than the Obligee, and its successors and assigns. PROVIDED, HOWEVER,that this bond may be terminated or cancelled by Surety by thirty(30)days prior notice in writing from Surety to Principal and to Obligee, such notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this bond prior to the effective date of such termination or cancellation. The liability of the Surety shall be limited to the amount set forth above and is not cumulative. IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument this 26th day of September, 2000. Tele-V ms In ., sidiary of AT&T Corp. By: B �( _ Paul Riley,Assistant Sec tary St. Paul Fire and Marine Insurance Company By: r �i2/t (t �� c-L Terry Ann Gonzales-Selman,Att ey-in-Fact peen o9q CsytQk- -` 2000-2472 STATE OF NEW JERSEY COUNTY OF SOMERSET On this 26th day of September 2000 before me,the undersigned notary public, personally came: Paul Riley to me known and who,being duly sworn by me, did depose and say that he works in Basking Ridge,New Jersey and that he is the Assistant Secretary of the corporation described within and that he executed the foregoing instrument. Brian E. Stuhr (Notary Public) My Commission Expires 0401-2001 / nleStalu' POWER OF ATTORNEY - Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 21637 Certificate No. -s, n 1 i`i o n, KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,SI.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the Slate of Iowa. and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the Slate of Wisconsin(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Migdaha Otero,Paula Yip-Ying,J.Holland,Shirley Dewely,Vincent Moy,Theresa Giraldo,Ana W. Oliveras, Tracey D.Watson,Sheilah McGuckin, Terry Ann Gonzales-Selman,Kimberly A.Bruno,Robyn Walsh, Beverly Woolford,Christopher J.McCarty and Debra L.Teplitzky New York New York of the City of ,State their true and lawful Attorney(sTin-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds.undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 6th day of March 2000 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc, St.Paul Mercury Insurance Company . irea4 j✓// / t �"',,',,�"pt of 1927 �'��,awn ?�Gtit ,S 0 maw, _ j°'" Rtcc c en gV"s1 seae,e> sBxz tags ? 1977 " 'arm-. ?a {}t ✓ "� ^� c 1951 JOHN F.PH INNEY,Vice President State of Maryland \-u2.,0 R. \c.1/•1 A City of Baltimore AAMT,S� MICHAEL R.MC KIBBEN,Assistant Secretary On this 6th day of March 2000 , before me, the undersigned officer, personally Michael R.McKibben,who acknowledged themselves to be the Vice President and Assistant Secretary, g p Y Saurety Company, John SFt. PPaul and Marine Insurance Company.Si.Paul Guardian Insurance Company.St.Paul Mercury Insurance Company,United Stales Fidf elity a duGuaranty Company,Fidelity and p` y" P' Y, Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they,as such,being authorized so to do,executed the foregoing instrument fir the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. ccpPEAS " T�g In Witness Whereof,I hereunto set my hand and official seal. e oeugr E -�c ' 'es es My Commission expires the 13th day of July,2002. ycit CiTV JO REBECCA EASLFY-0N0KAI,A,Notaiy Public \,....13,6203 Rev. 11-99 Printed in U.S.A. J r This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company.St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998.which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powerfs)of Attorney for and on behalf of the Company may and shall he executed in the name and on behalf of the Company,either by the Chairman.or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall he valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall he as hinding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Michael R.McKibben,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. (1{ IN TESTIMONY WHEREOF,I hereunto set my hand this day of SEP 2 6 2000 'a 792 ;:E..”..;13/4":101' E ......... .a $ = ma,®a. I '"^"'•-" R• ^^'�,-� f SEAL t SBAL �7 ::, 19770, 1977 $ 1951 �g .( s as!°f \ �j �.Rg Michael R.McKibben,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800421-3880 and ask far the Power of Attorney clerk, Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the power is attached J STATE OF NEW YORK SURETY ACKNOWLEDGMENT - NY COUNTY OF NEW YORK On the day of _r� in the year , before me personally came Terry Ann Gonzales-Selman to i1 a known, who, being by me duly sworn did depose and say that he/she resides in New York , NY, that he/she is the Attorney-in-Fact of the ST. PAUL FIRE AND MARINE INSURANCE COMPANY , the corporation described in and which executed the above instrument that he/she knows the seal of said corporation that the seal affixed to said instrument is such corporate seal that it was so affixed by order and the affiant did further depose and say that the Superintendent of Insurance of the State of New York has pursuant to Section 327 of the Insurance Law of the State of New York issued to ST. PAUL FIRE AND MARINE INSURANCE COMPANY his/her certificate of qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor and the propriety of accepting and approving it as such and that such certificate has not been revoked. ROBYN M.WALSH Notary Pubic,State of New York No.01 WA5043427 Qualified in New York County Commission Expires May 08,2001 //,/J7 d /n�k Notary P blic G � Financial Statement — December 31, 1999 St. Paul Fire and Marine Insurance Company Assets Liabilities, Surplus & Other Funds Bonds 3 7,360,908 209 Losses 3 6,385,471,184 Stocks 4,558,379,126 Reins. Payable on Paid Losses 27,670,770 Mortgage Loans 8,000,000 Loss Adjustment Expenses 1,463,836,071 Real Estate 698,641,132 Contingent Commissions 27,741,641 Cash on Hand/Deposit 22,860,772 Other Expenses 149,951,089 Short Term Investments 447,292.427 Taxes, Licenses and Fees 40,343,096 Other Invested Assets 934,058.820 Federal & Foreign Income Taxes 268,546,766 Receivable for Securities 35,349,217 Unearned Premiums 1,485,861,391 Agent? Balances 937 767,434 Dividends Unpaid - Policyholders 41,789,039 Funds held dep. with Reins Co. 70,860,431 Fund Held - Reins. Treaties 50,255,311 Reinsurance Recoverable 67,589,140 Funds Withheld 38,289,579 Guaranty Funds Receivable 5,490,800 Remittances and items not allocated 42,155,768 EDP Equipment 28,595,201 Provision for Reinsurance 78,176,068 Accrued Interest & Dividends 135,892,908 Adjustment for Foreign Exchange 59,916,030 Equity/Deposits/Pools & Assoc. 47,919,540 Drafts Outstanding 92,875,598 Other Assets 138_,379,316 Payable to Affiliates 41,551,585 Payable for Securities 7,905,189 Other Liabilities 305,469,450 Special Reserve-Guaranty Fund 1,000.000 TOTAL, LIABILITIES 10.658,805.625 Guaranty Surplus Fund 1,000,000 Capital Paid Up 20,000,000 Surplus 4 818 178,848 Surplus as Regards Policyholders 4 839 178,848 TOTAL ASSETS 315 497,984 473 TOTAL LIABILITIES & SURPLUS 315 497 98463 • Securities carried at $676,702,264 in the foregoing statement, are deposited as required by law. STATE OF MINNESOTA ) ) SS COUNTY OF RAMSEY ) John C. Treaty, Vice President and Controller of the St. Paid Fire and Marine Insurance Company, being duly sworn, deposes and says that he is the above described officer of said company; that said company is a corporation duly organized. existing and engaging in business as a surety company under and by virtue of the laws of the State of Minnesota. and has duly complied with all requirements of the laws of said state applicable to said company and is duly qualified to act as surety under such laws; that the above is a u-ue statement of the assets and liabilities of said company of the 31"day of December, 1999. Subscribed and sworn to before ate this 28'day of February, 2000.. r1 � - .. , . e /77 _/7 a-Cf JUBOIS John C Treatye Preident naroller NC LAY PUBLIC-umiNESC tv MY COMMISSION g_'&Sir\starctcpccortmhpaur t EXPIRES JAN_31,2u75 Hello