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HomeMy WebLinkAbout920922.tiff RESOLUTION RE: APPROVE RELEASE OF CONTRACT BOND IN AMOUNT OF $40,000.00 FOR CHARTWELL CABLE FUND, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board did, on or about January 20, 1989, receive a Contract Bond from Chartwell Cable Fund, Inc. , concerning construction and installation of a cable TV system, and WHEREAS, said Contract Bond, Number BCZ1774003, with the Hanover Insurance Company in the amount of $40,000.00, was submitted to Weld County, and WHEREAS, Bruce Barker, Assistant Weld County Attorney, recommends release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract Bond in the amount of $40,000.00 with Chartwell Cable Fund, Inc. , principal, and the Hanover Insurance Company, surety, concerning construction and installation of a cable TV system, be, and hereby is, released. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D. , 1992. /(�jyJJJt////������f�//// //GG24 BOARD OF COUNTY COMMISSIONERS ATTEST: �� " - (,/// WELD COUNTY, COLORADO Weld County Clerk to the Board to/ Geor Ken edy, Chairman BY:44.02, / � ; .n- r C,l.7.✓_,�i Deputy Clerk/lti� ��qsto the awaaat, Constance L. Harbert, ro-Tem APPROVED A TO FORM: liff,111-',/ C. W. Kir y County Attorney Gord a Y tOjnyia W. Webster 920922 cc Wah% (FM-R— l � f-1- , C dR179q Tait HANOVER INSURANCE COMPANIES -- THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CONTRACT BOND Ruud No. rczl T7l,007 KNOW ALL MEN BY THESE PRESENTS, u; Principal , That Chariweli Cable Fund , Inc. and _X_TIIE HANOVER INSURANCE COMPANY, a corporation of the State of New Hampshire, MASSACHUSETTS BAY INSURANCE COMPANY, a corporation of the commonweaitlr of Massachusetts , having its executive office in Worcester , Massachusetts as Surety, are held and firmly bound unto Weld County, 915 10th Street , Greeley , Colorado 90631 hereinafter tort Thousand and 00 L00— __.. referred Co t... Obligee in the penal sum of _) _ -- -- (s 60,000.00 ) for the - payment of which, well and truly to he made, we bind ourselves , our heirs , executors , administrators , successors and assigns , Jointly and severally, firmly by these present:. WHEREAS, the Principal has entered into a certain written contract with the Obligee ar ,19 89 , to Construct and In :t.all. a dated the ZOth day of__ �lanu ) _ Cable TV System — Weld County which contract is hereby referred to and made a part hereof is fully and to tlio same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Pti n:lpaJ_ shall fully indemnify and reimburse the Obligee for any loss he (they, it) may suffer through the failure of the Principal faithfully to observe and perform each and every obligation and duty imposed upon the Principal by the said contract , at the time and in the manner therein specified , then this obligation to be void ; otherwise to renrnl_n in full force and virtue in law. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery here- under, that in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be innnedi - ately delivered to the Surety by regls'Lered mail at its home Office in Worcester , Massachusetts. AND PROVIDED FURTHER 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 twelve months after completion of the work mentioned in said contract , whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance period provided in the contract for which said Surety is liable, an action for maintenance may he brought within three • months from the expiration of the maintenance period , hut not afterwards. IN WITNESS WHEREOF, the said Principal. and Surety have signed and sealed this instrument this 20th day of January — ,19 89.--- WITNESS : Chartwell. Cable fund, inc . (SEAL) — -- Principal! / APPROVED AND ACCEPTED BY: f (; -� ! ��) I �. r , ((((( _ ---- J 1 tf C 7l Obligee Title Title X THE HANOVER INSURANCE COMPANY Date MASSA IIUSECTS BAY INSURANCE COMPANY B 7/7*SETTS % y (.,%??/ .c1/4 1") 0000. ,ltrr,rrmilNrl�r� TSh it Icy A. J{akins -Vvnenx,, ,, Attorney-In-Fact • •Ea , t! 92'0922 C• The Hanover Insurance Company I POWER OF AT(ORNEY I KNOW -ALI. 111 1V HI "1111 ti Clilitil I If U COPY - - under the laws of the Stale of N. ti PHLSf IV fS: Ting'HIEn- IL\NUVElt INtilili.-ANCb: (:11JI1'.AN}' a nil o-,u r 11 ud„ I ul 1 NOW Ilampshie dues I tehe run Htute and appoint .1one — James .1. Nevins, WI LI_ film C. Franey, Brenda L. Davits „ham K. Muha, I I and/or Kin r Ley A. hark ins - . f Capitol Heigh rs, it rl Aland anti each a : -to sign, execute. seal a-knoe ledge c ,and deliver for, and pin it; behalf, and as its act and deed, at any places uwwirthin the and l United�SI to S.. or, if the Tullius Jig line lie filled ni only niihin the area therein designated (s)-lrl—hart any and all hoods, reengnizanet•_s, undertakings, contracts of indemnity or other is obligatory in the nature tinned, a; folloos: — Arty such obligations in the United Stares, in any amount — .And said Company hereby ratifies Anil confirms all and e fmtsury er said.ltlotney(s)-in-fact m d may lawfully u in the Ivemises In virtue I1f ihesr presents, Thisappointment is made under and hr authority of the fnlloniug Resolution passed by the limed of Directors of said Company at a meeting held pin the -nth der Ilf Octriber, l911! a gunflint uarum Leind,. present-e lit and n,liug, which n•snhHiml is sill in rl feet -gltlY.:11)1.Vkilb Thu Ill,. trii,iiiimi iir am Vita. Prnaili.rit. . 'In� I.arre,l l „I UI n s 1 'b r ids ails 1 r il r l I L L, and duo r l 1, putun.e- ,Irfi-1 f I . B, rr e,f,-ed all its -1-.e 1 ;milioi It .f r. ,d 1.1 r1 J Ifi.,l cal flln e , A I 1 y 1 Ii ,I A11 and d a' Ir slI e 4111 as „ d. L all •.•illek s '1 dr. that :mil a rL,,,,.I.d I In I, fart r'-hall liras t d F" I -"a,J uh rips-hid dfire rfi fdv� e. figi�� 11 e. t,rr ,-fd,s haill dud i.s,.. led I n d i .n prt I r,.1.,•,.- IA WIT,AESIAt IIERR:( f THE 11AAUVF;Ii l.A H 1.\ 1: ( 1)111'\.A1' has caused Wray prebents[obese:lied %dill it,cargoste,eal. duly attested d br its Vice e President and its sVssistant Vie . flay of March' 19 PrrsrdrnPresident. Ihi-, 4th 86 dell': II \\U\ I:li INS( ll1NLI': C11AlPVA1 �..-,,og4pA' 9 2 .- Q' m, _ rtI 1 r c c ..`_rL L.d 1is.� ,1-..14,psjey •p? Ire l r.s drnl f- %"/-) lN dd O—' 'Assistant Vice President -�- TI11'. (.O\i\iOnu'EfiVI,TII OF 11 \SS.-ACIILSF'1 Tc - 5° ,,, ire',' • ( 01AT\ OE WORCESTER Oe ibis 4th day of Mareli Vice President and ,A a I eat Vice President of 1he.11ann.er it-uran e ( nnii;mr, in me personally n ally kwm ii In be the idi%ilival:I Luunl 1f(im:,d os described K I. tic preceding In ult:no n is the core rate. seal of T heflanurer io,uraurel and Mutt tlan anal and mtaf el all and their asst•en alnrfise1U111 file e r- nerr lydr Jffixed and . lulpanr Iln rtlnn , (said Corporation. arJ'1*s^(1 I ins mono ha Ihl�wlll u!I and ' r aa:e'.' :Votary Plt f)flr %t" t __-- 1AIs Commission hcpirt's May 29 1992 I. the uuder.igned .Aria,slant V ice President of The 'Hum e r Insurance Cnlnl ns hereby r rH6 that the above and foregoing is a full. true and correct cops is of the I)rigural Pori d Attorney issued br said Company. and do hr rchs further',-n iffi that the said Pon' 'ncr ofA Il:n-ues is still in force air, 'effect. This Certificate may he signed In fasciulile under and Ins auihnrilr of the fnllooinp resolution of the hoard of 0ircrl,na :d l l le ILu nve; Insurance (:umpane at a meeting. held on the 7th der id: October. 17111 -Iircst11 \ F:t) TI e. I all l rs a ithurnio.arid1' . f- it l \it nr, . I i-iuueir �. rVrii1, Iffill 11 ,1rn> r Iinn,iiirill in lw,r 4 II 'sill,ails lC I\-.i.r, eA Ir e 1 l hr.' ,.t . -LinI Li II lld C leandiilly 4'' rinfills ffaaril yarn it ,uc6 not. iii- n ,r e fins _or II -:r un:r,'' tl:,.,.. r Le fa',inll,: �l �,��1 41.1 1,10EN under ms band and the aril of said t:umparn. at \Correor-u 1laasacitusetta. this 'has of January HI 83 '-.0th L;,1/,1_A c ) //;7v' f � - — Obligee lie • Title X '1'11E HANOVER INSURANCE COMPANY Date MASSACHUSETTS BAY INSURANCE COMPANY ' flail"1' IYG By rL��Y[��L�'�.�� � .�6CL/��AiSLI - a,•.00VF:/— Shirley A. 11< rk:[us t.�S�tien; �cogo:,ysP° Attorney—le—Fact 134.d-I5 •• live „I '.° ,, 920922 r Chartwell Cable or Colorado, Inc. P. O. Box 819 Evergreen, Colorado 80439 303/674-7783 August 31, 1992 rmC l , I Mr. Bruce Barker 71 n C ' J r County Attorneys Office _ORiv'EY.c =rtCE P. O. Box 1948 Greeley, Co. 80632 Re: Construction Bond Release Dear Bruce: We would like to have the requirement for Construction Bond released as we have completed all construction in the Weld County Cable System. Per our Agreement Ordinance 94-A sub paragraph D "Construction Bond": The construction bond shall be terminated only after the Board of County Commissioners finds that the company has satisfactorily completed initial construction and activation of the CATV system pursuant to the terms and conditions of the Section entitled "Construction Time Tables." We would need a letter from your office stating that this has been approved so that we may forward this letter to our surety company Franey & Parr. If you have any questions or concerns please call at 1-800-955-1515. Sincerely, Dan Buller Vice President 920922 Hello