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'
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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
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Nathan J. Zennede. Assistant Secretary
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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.
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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 .
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Renee C. Llewellyn, Assistant Secretary
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