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HomeMy WebLinkAboutRESOLUTION - 82-84 - 11/27/1984 - ACCEPT SURETY BOND/AMERICAN CABLESYSTEMS RESOLUTION NO. 82-84 A RESOLUTION ACCEPTING AND PLACING ON FILE A SURETY BOND FROM THE MASSACHUSETTS BAY INSURANCE COMPANY IN THE AMOUNT OF FIFTY THOUSAND ($50 ,000 .00) DOLLARS, FILED WITH THE VILLAGE CLERK 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 BETWEEN AMERICAN CABLESYSTEMS OF ILLINOIS AND THE VILLAGE OF ELK GROVE VILLAGE BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That the Village President and Board of Trustees of the Village of Elk Grove Village do hereby authorize the acceptance and placing on file of a Surety Franchise Bond from the Massachusetts Bay Insurance Company, Bond #BLZ-1509271, a copy of said Bond being attached hereto and incorporated herein. Section 2 : That the terms of said Bond are such that AMERICAN CABLESYSTEMS OF ILLINOIS is obligated to perform each and every provision of its Franchise Agreement with the Village as well as the terms and conditions of the Village ' s Enabling Ordinance and upon a failure to so do, the Village may proceed against AMERICAN CABLESYSTEMS OF ILLINOIS as well as its Surety, Massachusetts Bay Insurance Company. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES : AYES: 6 NAYS : 0 ABSENT: 0 APPROVED: Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk PASSED this 27th day of November 1984 . APPROVED this 27th day of November , 1984 . 2 - The Hanover Insurance Companies ❑ The Hanover Insurance Company © Massachusetts Bay Insurance Company FRANCHISE BOND BOND #BLZ-1509271 Know all men cy these resents AMERICAN C BLESYSTEMS OF ILLINOIS, A MASSACHUSETTS LIMITED That PARTNERSHIP, AMERICAN CABLESYSTEMS OF ILLINOIS INC. as Principal, and GENERAL PARTNER ❑ THE HANOVER INSURANCE COMPANY,a corporation of the State of New Hampshire, ® MASSACHUSETTS BAY INSURANCE COMPANY, a corporation of the Commonwealth of Massachusetts, having its executive office in Worcester, Massachusetts as Surety, are held and firmly bound unto _ELK GROVE VILLAGE. IL 60007 hereinafter referred to as Obligee in the penal sum of FIFTY THOUSAND DOLT,ARS ANn 00/100-------------- (g 50 , 000 . 00 ) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety being limited to said penal sum regardless of the number of years this bond remains in force or is renewed, of the number of premiums that shall be payable or paid, the number of Subscribers to the system and/or legal fees which may be required and incurred. i WHEREAS, the Obligee has granted a franchise to Principal to use the public streets and places within the Municipality to transmit and distribute electrical impulses through an open line-coaxial antenna system for television receivers located within said ELK GROVE VILLAGE, IL NOW THEREFORE, the condition of this obligation is such, that if the above bound principal shall faithfully perform,well and truly observe and fulfill the terms and conditions of the franchise,then this obligation shall be null and void; otherwise, it shall remain in full force and effect until terminated or cancelled. PROVIDED, HOWEVER, it shell 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 particularfacts showing the date and nature of such default shall be immediately delivered to the Surety by certified mail at 440 Lincoln Street, Worcester, i Massachusetts 01605. 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 an act of breach or cancellation of this bond or termination of said franchise,whichever occurs first. This Bond may be terminated or cancelled by Surety by giving thirty (30) days prior notice in writing to Principal and said Obligee, such notice to be given by certified mail. Such termination or-canceilation shall not affect any liability incurred or accrued under this Bond prior to the effective date of such termination or cancellation. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4 30Th day of OCTOBER —, 1914 WITNESS: AMERICAN CABLESYSTEMS OF ILLINOIS, A MASSACHUSETTS LIMITED PARTNERSHIP BY: AMERICAN CABLESYSTEMS OF ILLINOIS, INC. , GENERAL PARTNER (Seal) incipaq By�A G J Ir- Approved and Accepted by: ` (Title) obtuse ❑ THE HANOVER INSUR!AJb= COMPANY ® MASSACHUSE NS E P NY Tale RIC RD-A L NG uw Dn. Fpm, 181.107818/011 FORM 6410241 N5 (6l82) Massachusetts Bay Insurance Company wORCESTER,MASS 01605 MERICA GROUP POWER OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That MASSACHUSETTS BAY INSURANCE COMPANY, a corporation organized and existing under the laws of The Commonwealth of Massachusetts,does hereby constitute and appoint — Richard R. Long — of Boston, Massachusetts, its true and lawful Attorney(s)-in-fact, to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed, at any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, in any amount. — — — — — — And said Company hereby ratifies and confirms all and whatsoever said Attorney is)-in-fact may lawfully do in the premises by virtue of these presents. This appointment is made under and by authority of the following Resolution passed by the Board of Directors of said Company at a meeting held at the principal office of said Company, a quorum being present and voting,on the fourteenth day of April, 1982, which resolution is still In effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President,be and they are hereby authorized and empowered to appoint Attorneys.in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." IN WITNESS WHEREOF, MASSACHUSETTS BAY INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President and its Assistant Vice President, this 16th day of October 1982 MASSACHUSETTS BAY INSURANCE COMPANY ....... ........ Vice resident (SEALI Assists Vice President THE COMMONWEALTH OF MASSACHUSETTS - COUNTY OF WORCESTER ss. On this 16th day of October 19 82 ,before me came the above named Vice President and Assistant Vice President of Massachusetts Bay Insurance Company, to me personally known to be the individuals and officers described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of Massachusetts Bay Insurance Company and that the said corporate seal and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporation. .. Notary Public My Commission Expires May 31, 1985 I, the undersigned Assistant Vice President of the Massachusetts Bay Insurance Company,hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still In force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the Massachusetts Bay Insurance Company at a meeting held on the 14th day of April, 1982. "RESOLVED, That any and all Powers of Attorney, and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company shall be binding on the Company to the same extent as if all signatures thereon were manually affixed even though one or more of any such signatures thereon may be facsimile." GIVEN under my hand and the seal of said Company, at Worcester, Massachusetts, this 30th day of October 19 89 J/ /1 j/ Y AssisfantV President