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HomeMy WebLinkAboutBlue Sky Towers - Tower Removal Bond Number 014265050NOVAK INSURANCE 30775 Bainbridge Rd., Suite 100 Solon, OH 44139 To: Blue Sky Towers IV, LLC Attn: Matthew Koury Park Place West 352 Park St, Ste 106 North Reading, MA 01864 Date: June 8, 2026 Subject: Tower Removal Bond #014265050 - REVISED Town of Yarmouth — Site ID No. MA-5104 South Yarmouth Dear Matthew, Enclosed is the subject revised bond correcting the obligee state from Maine to Massachusetts. Should you have any questions or concerns, do not hesitate to call or email us. Sincerely, 0 i4"Wa4i' Stacy Helpman stacy(@novakiiisuraiice.com (440) 914-0607 tel:440.349.2120 • fax: 440.349.2195 9 www.novakinsurance.com Bond Number: 014265050 KNOW ALL MEN BY THESE PRESENTS, That we, Blue Sky Towers IV, LLC, as Principal, and The Ohio Casualty Insurance Comp , a corporation organized under the laws of Massachusetts and authorized to transact business of surety in the State of Massachusetts, as Surety, are firmly bound unto Town of Yarmouth, as Obligee, in the penal sum of Twenty Thousand Seven Hundred Fifty Dollars and 001100 ($26,750.00) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has entered into a certain agreement described as Tower Removal Bond for Site ID No. MA-5104 South Yarmouth located at 1044 Route 28 — South Yarmouth MA 02664 and is required to furnish an indemnity bond as conditioned in said agreement. NOW THEREFORE, If the said Principal shall fully comply with all provisions of said agreement then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the aggregate liability of the Surety shall be limited to the penal sum herein, regardless of the number of years the bond remains in effect. PROVIDED, FURTHER, that the Surety may cancel this bond by giving (30) thirty days written notice to the Obligee or its agents, provided, however, such notice shall not affect any liability arising prior to the effective date of cancelation. SIGNED, SEALED AND DATED this 51h day of June, 2026. PRINCIPAL — Blue Sky Towers IV, LLC SURETY — The Ohio Casualty Insurance Company Star . I-lelp n - rney-in-Fact Liberty POWER OF ATTORNEY mutudl. Liberty Mutual Insurance Company SURETY The Ohio Casualty Insurance Company West American Insurance Company Certificate No: 8215872-973170 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Susan J. Baker: Kellie Renee Broz; Stacy A. Flelpman; Erin P. Hoskin: Alisa Klein. Charla D. Lindbloom. Ann Helen McDeiinou; Amber Nagy, Laura Ann Nnlan. Ira H. Novak; fi an Novato; Katherine Simmons; Theresa M. SI. John; Les Veeneman all of the city of Solon state of OH each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of April , 2026 . v 1MSU Il INgV a VNS!! R�yP °,aPae,R9y 4 oxc°�yT'� UP apeo��.y Y�1912 a o 1919k 0 1991 0 Y� gAmACHL�b yp �HA MP_,da YS �NAIANM aa� By: State of PENNSYLVANIA County of MONTGOMERY ss Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company ��— — C U Nathan J. Zangerle, Assistant Secretary r— On this ist day of April —, 2026 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a`s Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. old Of IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written fA Sp, PAST ir`{ CornmD weAlh of Pcnnsywama • Notary Seal wry �p15 f Teresa Pastella, Wary Public OF Montgomery County My commission expires March 28, 2029 By Commission number 11280" VA S, hiomber. Ponnsytianla Assaclpliw of f gw;es '7F0 i Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5th day of June , 2026 . 1912 n o x 1919,�Cj4 a '4 1991 BY y�BACHu�y�$1, NA.Pg' as 'e� fNAIANr ,aa Renee C. Llewellyn, Assistant. Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/24 08