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HomeMy WebLinkAboutBlue Sky Towers - Tower Removal Bond Number 014265050 Original Received 06.11.26OS BST MANAGEMENT June 9, 2026 Town of Yarmouth -Zoning Board of Appeals 1044 Rt 28 Yarmouth, MA 02664 Attn: Delores Fallon, ZBA Office Administrator FRECEIVED 2026 UTH PPEAL$ Re: Blue Sky Towers Cell Tower Project 1044 RT 28 Tower Site Removal Bond Ms. Fallon, Please find attached the original of the tower removal bond for you files and to satisfy the condition of the bond per our approval. As a side note, the building inspector has requested the bond as well and we have sent him a copy of this as well. Thank you. seav� corv�deb Sean Gormley Sr. Business Analyst sean.gormley@blueskytower.com 978-833-8668 Durk l�la,e II"ej-! 352 Park 5trect, Suite 106 North Reading, I%L\ 01864 1': 978-291-651' et , , Bond Number: 014265050 KNOW ALL MEN BY THESE PRESENTS, That we, Blue Sky Towers IV, LLC, as Principal, and The Ohio Casualty Insurance CompanX, 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 Six Thousand Seven Hundred Fifty Dollars and 00/100 (126, 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 51" day of June, 2026. PRINCIPAL — Blue Sky Towers IV, LLC SURETY- The Ohio Casualty Insurance Company Sta . Help n - orney-in-Fact Liberty POWER OF ATTORNEY Mutual. Liberty Mutual Insurance Company SURETY The Ohio Casualty Insurance Company West American Insurance Company Certificate No: 8216872-973170 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a owporation 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. Helpman; Erin P. Hoskin, Alisa Klein; Charla D. Lrndbloom; Ann Helen McDermott; Amber Nagy; Laura Ann Nolan; Ira H Novak; Ryan Novak; Katherine Simmons; Theresa M St John; lea 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 surely and as its act and deed, any and all undertakings, bonds, reoognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duty 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 I st day of April , 2026 . Liberty Mutual Insurance Company PV 1Nsu qq SY INS& NX tBgugq The Ohio Casualty Insurance Company tiJ*"tir o"P114 yc, West American Insurance Company IN 1912� o v 1919� , 1991 0 r $s v d� enub` aH�rrs� as mod, �No��w► .,5� Nathan J. Zennede. Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this l st day of April , 2026 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 9p PAST MDNW£`y Camooffoasith of Term Pa&Wla, N Notary Seal Notary public M-*mery County OF My oornmmsion expires March 28 2029 B corrnni$ mnumberiiziio44 Y ?a 5rr%N Member Pemeyty r Aaso=UoeofHaWrye erase Paslella, Notary Public Of 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, Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Liberty Mutual ARTICLE IV— OFFICERS: Section 12, Power of Attomay. 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 attorneys -in -fact, as may be necessary to ad 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-fad, 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 a@omay-in-fad 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 proscribe, 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 attorneys -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 banding 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. Zangede, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to ad 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 car* 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 . Pv 1N31J �ZY INS& 1912 0 1919 s � o cl v0a4CHub aa3 Zo `,+y4rPs`��aa LM5-12873 LMIC OCIC WAIC Muni Co 02r24 a 0 �r0b 1981 B//�.t�'+'a7� ' s ; y. Renee C. Llewellyn, Assistant Secretary `o v N N M T 0 3