HomeMy WebLinkAboutRESOLUTION - 5-82 - 1/26/1982 - CABLE TV/ACCEPT SURETY BOND RESOLUTION NO. 5-82
A RESOLUTION ACCEPTING AND PLACING ON FILE A SURETY BOND FROM
THE TRAVELERS INDEMNITY COMPANY, HARTFORD, CONNECTICUT, IN THE
AMOUNT OF $200,000.00, FILED WITH THE VILLAGE OF ELK GROVE
VILLAGE TO FULFILL AND PERFORM EACH TERM AND CONDITION OF THE
VILLAGE OF ELK GROVE VILLAGE ENABLING ORDINANCE NO. 1448 AND
THE FRANCHISE AGREEMENT ENTERED INTO ON JULY 28, 1981 (CABLE TV)
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State
of Illinois:
Section 1 . That the Village President and Board of Trustees do
hereby authorize the acceptance and placing on file a Surety Bond
from The Travelers Indemnity Company, Hartford, Connecticut, Bond
No. 431Fi43-0.
Warner Amex Cable Communications Company of Northwest Suburbs shall
well and truly observe, fulfill , and perform each term and condition
of the Village of Elk Grove Village Enabling Ordinance No. 1448 and
the Franchise Agreement entered into July 28, 1981 with the Village
of Elk Grove Village, and shall include all damages and costs, whether
direct or indirect, resulting from the failure of Warner Amex Cable
Communications Company of Northwest Suburbs to well and faithfully
observe and perform any provision of this ordinance or its franchise.
Such damages and costs shall be deemed to include, as a minimum and
without limitation, the loss of expected payments of the franchise
fee and other valuable consideration given for the grant of the
franchise, and such additional expenses as may be incurred by the
Village as a result of Warner Amex Cable Communications Company of
Northwest Suburbs' failure to comply with the obligations imposed by
this ordinance and the franchise including, but not limited to,
attorney' s fees and costs in any action or proceeding, the cost of
refranchising, and the cost of removal or abandonment of any property,
or other costs which may be in default.
The Bond shall take effect as of July 30, 1981 .
Section 2. That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this 26th day of January 1982.
APPROVED this 26th day of January 1982,
Charles J. Zettek
ATTEST: Village President
Aqf7lnVVillage Clerk
The Travelers Indemnity Company
Hartford, Connecticut
(A STOCK COMPANY) Bond No. 431F143-0
KNOW ALL BY THESE PRESENTS. That we, WARNER AMEX CABLE COMMUNICATIONS COMPANY OF
NORTHWEST SUBURBS as Principal, and THE TRAVELERS INDEMNITY COMPANY, a corporation
organized and existing under the laws of the state of Connecticut, as surety, are
held and firmly bound unto VILLAGE OF ELK GROVE VILLAGE, COUNTIES OF COOK AND DUPAGE,
STATE OF ILLINOIS, as Obligee, in the sum of TWO HUNDRED THOUSAND AND 00/100 DOLLARS
($200,000.00) lawful money of the United States of America, to be paid to said
Village of Elk Grove Village, Counties of Cook and Dupage, State of Illinois for
which payment, well and truly to be made, we bind ourselves, our successors and
assigns, jointly and severally, by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
Warner Amex Cable Communications Company of Northwest Suburbs shall well and truly
observe, fulfill, and perform each term and condition of the Village of Elk Grove
Village, Illinois Enabling Ordinance No. 1448 and the Franchise Agreement entered
into on July 28, 1981 with the Village of Elk Grove Village, and shall include all
damages and costs, whether direct or indirect, resulting from the failure of Warner
Amex Cable Communications Company of Northwest Suburbs to well and faithfully observe
and perform any provision of this ordinance or its franchise. Such damages and costs
shall be deemed to include, as a minimum and without limitation, the loss of expected
payments of the franchise fee and other valuable consideration given for the grant of
the franchise, and such additional expenses as may be incurred by the Village as a
result of Warner Amex Cable Communications Company of Northwest Suburbs' failure to
comply with the obligations imposed by this ordinance and the franchise including, but
not limited to, attorney's fees and costs in any action or proceeding, the. cost of
refranchising, and the cost of removal or abandonment of any property, or other
costs which may be in default.
If Principal shall faithfully perform all of the terms and provisions above set forth,
then this obligation shall be void; otherwise, to remain in full force and effect.
THIS BOND IS SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
First: This Bond shall take effect as of July 30, 1981 and, unless terminated
or cancelled in the manner hereinafter -provided, shall remain in full force and effect
during the life of said agreement.
Second: That no claim, suit or action under this Bond by reason of any default
shall be brought against surety unless asserted or commenced within eighteen (18)
months after the effective date of any termination or cancellation of this Bond,
and Principal shall be made a party to any such suit or action.
(CONTINUED)
-2-
Third: Not withstanding anything to the contrary in the Ordinance, Contract,
or Agreement that this bond supports, it is hereby understood and agreed that the
bond may be terminated or cancelled by the Surety by thirty (30) days prior notice
in writing from the Surety to the Village of Elk Grove Village, Illinois provided
Principal has provided a successor Surety, approved by the Village of Elk Grove,
in such manner or form so as to be in compliance with Enabling Ordinance No. 1448.
Such notice to be given by certified mail. Such termination or cancellation shall
not affect any liability incurred or accrued under the bond prior to the effective
date of such termination or cancellation.
Fourth: That no right of action shall accrue under this bond to or for the
use of any person other than the obligee hereunder, namely, Village of Elk Grove
Village, Counties of Cook and Dupage, State of Illinois, and its successors and
assigns.
Fifth: The maximum liability of the surety hereunder shall not, during the
term of this bond, exceed the sum of $200,000.00.
In witness whereof, the said Principal and said Surety have hereunto set their
hands and seals, on the 6th day of October, 1981.
SEAL WARNER AMEX CABLE COMMUNICATIONS COMPANY
OF NORTHWEST SUBURBS
ATTEST BY:
COUNTERSIGPED BY THE TRAVELERS INDEMNITY COMPANY
Illinois Reside Agent M. Gambardella, Attorney-in-Fact
and Attoney-in-Fact
INDIVIDUAL ACKNOWLEDGMENT
STATE OF )
)ss:
COUNTY OF )
On this day of in the year 19 ,
before me personally came
to me known and known to me to be the person described in and who executed the fore-
going instrument, and he acknowledged to me that he executed the same.
Notary Public -
PARTNERSHIP ACKNOWLEDGMENT
STATE OF V gu) Lf o t-v- )
)ss:
COUNTY OF/)e4,4) No e-r- )
On this l-.f-k day of �C'f"obe� in the year 19 �1
before me personally came�nn}iJ�jQ, k -�T1u.�G+.nH a..w S of the co-
partnership
o
P P Lam' AI..Gr (B41t .w iul 0ws l� � t $ 5� �b"'
and of p�'y�'osme lYnown and known to me to
be the person described in and who executed the"foregoing instrument, and he ac-
knowledged to me that he executed the same as and for the act and deed of the said
copartnership.
PETER JAY BERNBAUM
Notary Public, State of Newyork
No.30-4gt g34a
Qualified in Naeeau County
E Certificate filed in New Yolk CouMx�
Commission Expires March 30, 19-1;?
CORPORATION ACKNOWLEDGMENT
STATE OF )
)ss:
COUNTY OF )
On this day of in the year 19_
before me personally came
to me known, who, being by me duly sworn, did depose and say that he resides in
; that he is the
of the
the corporation described in and which executed the foregoing in-
strument; that he knows the corporate seal of the said corporation; that the seal
affixed to the said instrument is such corporate seal; and that it was so affixed
by order of the Board of Directors of the said corporation, and that he signed his
name thereto by like order.
PETER JA BE BAUM
Acknowledgment of Principal Notary Publ' State ew rk t
No 1
S-569 11-47 Printed in U.S.A. Quel in Nassau Co
flied in New York unto
Comm n Expires March 30, i 9
T>ae 1 .avelers Indemnity Company
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
' That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut,
does hereby make, constitute and appoint
— Marie Bornschlegl, Margaret R. Campabadal, Mary Carroll, Lorraine M. Charron, Peter T. Duffy
Bella Fernandes, M. Gambardella, John A. Kacanda, M. B. Kurtzrock, Ann Lametta, Arthur J.
McClelland, R. P. Pfister, Dana Silbajoris, all of New York, New York, EACH
its true and lawful Attorney(s) with full power and authority, for and on behalf of the Company
as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety
or other written obligations in the nature thereof
and to bind THE TRAVELERS INDEMNITY COMPANY thereby,and all of the acts of said Attorney(s)-
in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws
are now in full force and effect:
ARTICLE IV,SECTION 14. The Chairman of the Board, the President, the Chairman of the Finance Committee,
any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the
Corporate Secretary- or any Department Secretary may appoint attorneys-in-fact or agents with power and
authority,as defined or limited in their respective powers of attorney,for and on behalf of the Company to execute
and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety
or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact
or agent and revoke the power and authority given to him.
ARTICLE IV, SECTION 16. Any bond, undertaking, recognizance, consent of surety or written obligation in the
nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the
President, the Chairman of the Finance Committee, any Executive Vice President, any Senior Vice President,
any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by the Cor-
porate Secretary or any Department Secretary or any Assistant Corporate Secretary or any Assistant Department
Secretary, or shall be valid and binding upon the Company when duly,executed and sealed, if a seal is required,
by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by
his or her power of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called
and held on the 30th day of November, 1959:
VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by
facsimile to anv power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance or other written obligation in the nature thereof;such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal
of the Company, to be valid and binding upon the Company with the same force and effect as though manually
affixed.
— -Phis power of attorney revokes that dated June 9, 1981 on behalf of Marie Bornschlegl,
Margaret R. Campabadal, Mary Carroll, Lorraine M. Charron, Peter T. Duffy, Bella Fernandes,
M. Gambardella, John A. Kacanda, M. B. Kurtzrock, Ann Lametta, Arthur J. McClelland', R. P.
Pfister, Dana Silbajoris, Bruce J. Widas
IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these
presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 26th
day of August 19 $1 THE TRAVELERS INDEMNITY COMPANY
c tNOEAtN,
614
p.' �t By
SEA L ;
D. :Nash
� '"�•^ � Secretary, Surety
S-2210 Rev. 4-78 Printed in U.S.A.
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The Travelers Indemnity Company
HARTFORD CONNECTICUT
Statement of Financial Condition—December 31, 1980
Assets
United States Government bonds . . , . . . . . . . $ 109,726,949
Other public bonds . . . . . . . . . . . . . . 1,854,323,962
All other bonds . . . . . . . . . . . . . . . 561,149,347
Stocks—Preferred or guaranteed . . . . . . . . . . 123,825,630
—Common . . . . . . . . . . . . . . . 686,395,408
Real Estate . . . . . . . . . . 33,461,892
Cash on hand and in banks . . . . . . . . . . . . 102,686,822
Other invested assets . . . . . . . . . . . . . . 2,380,368
Premiums in course of collection . . . . . . . . . . 638,762,665
Interest accrued . . . . . . . . . . . . . . . 59,229,571
Federal income taxes recoverable 29,431,961
All other assets . . . . . . . . . . . . . . . . 255,169,012
TOTAL $4,456,543,593
Liabilities, Capital and Surplus
Loss and Loss Adjustment expenses . . . . . . . . . $2,534,562,476
Unearned premiums . . . . . . . . . . . . . . 452,003,007
Reserves for taxes . . . . . . . . . . . . . . . 0
All other reserves and liabilities . . . . . . . . . . . 296,817,372
TOTAL LIABILITIES 3,283,382,855
Special surplus funds . . . . . . . . . . . . . . 23,894,856
Capital . . . . . . . . . . . . . . . . . . 10,000,000
Unassigned surplus . . . . . . . . . . . . . . 1,139,265,881
TOTAL CAPITAL AND SURPLUS 1,173,160,738
Total $4,456,543,593
The foregoing is a correct statement of the financial condition of THE
TRAVELERS INDEMNITY COMPANY as of December 31, 1980 according to
the best of our information, knowledge and belief.
Ancst
SEAL �3S
Robert B. Green .�';, Seruo. Via PrrLdersr
Assistant corporate.Seerelary tiI "O* 1�
Subscribed and sworn to before me this 20th day of February, 1981.
w
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t
Notary Public
NEC
S-sal Rev 3-81 PRINTED IN U S A My commission expires April L, 1985.
The Travelers Indemnity Company
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut,
does hereby make, constitute and appoint
G. Cullars, Robert L. Foster, John H. Mackey, Thomas P. Mulcahy, V. Myers, K. F.
Provost, Martin E. Schneider, all of Chicago, Illinois, EACH
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company
as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds,
undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety
or other written obligations in the nature thereof
and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)-
in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws
are now in full force and effect:
ARTICLE IV,SECTION 14. The Chairman of the Board, the President, the Chairman of the Finance Conunittee,
any Executive lice President, any Senior Vice President, any Vice President, any Second Vice President, the
Corporate Secretan or any Department Secretary may appoint attorneys-in-fact or agents with power and
authority,as defined or limited in their respective powers of attorney',for and on behalf of the Company toexecute
and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of suretc
or other written obligations fn the nature thereof and any of said officers may remove any such attorney-in-fact
or agent and revoke the power and authority given to him.
ARTICLE IV, SECTION 16. Any bond, undertaking, recognizance, consent of surety or written obligation in the
nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the
President, the Chairman of the Finance Committee, any Executive Vice President, any Senior Vice President,
any Vice President or anv Second Vice President and duly attested and sealed, if it seal is required, by the Cor-
porate Secretan or any Department Secretary or any Assistant Corporate Secretary or any Assistant Department -
Secretary,or shall be valid and binding upon the Company when duly executed and sealed, if it seal is required,
by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by
his or her power of attorney.
This power of attornev is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called
and held on the 30th day of November, 1959:
VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by
facsimile to anv power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance or other written obligation in the nature thereof;such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal
of the Company, to be valid and binding upon the Company with the same force and effect as though manually
affixed.
This power of attorney revokes that dated February 14, 1980 on behalf of
Robert L. Foster, Gilbert 0. Johnson, John H. Mackey, Thomas P. Mulcahy,
H. Donald Peterson, K. F. Provost, Pamela K. Ruschmeyer
IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these
presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 14th
day of April 19 81
THE TRAVELERS INDEMNITY COMPANY
' 0'��Ie By Secretary, Surety
State of Connecticut, County of Hartford—ss:
On this 14th day of April in the year 1981 before me personally
came D. J. Nash to me known, who, being by me duly sworn, did depose and say: that he resides in
the State of Connecticut;that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY,
the corporation described in and which executed the above instrument; that he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by
authority of his office.under the by-laws of said corporation, and that he signed his name thereto by
like authority.
VP, :.,SEE
UU11�w--•1�—ttUU C
:�OLIA6 i Notary Public
COHI/ECS�GJl My commission expires
April 1 , 1983
S-1869 Rev.4.78 Printed in U.S.A. (Over)
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