HomeMy WebLinkAboutContracts & Agreements_108-2016 Frontiier
May 3, 2016
Mr. N. Enrique Martinez
City Manager
City of Redlands
35 Cajon Street
Redlands, CA 92373
Dear Mr. Martinez,
In accordance with Section 13.1.1 of the Cable Franchise Agreement between
the City of Redlands and Frontier California Inc (f/k/a Verizon California Inc)
enc[osed is a bond in the amount,of$10,000.
Please sign the second page to confirm acknowledgement and return a fully
executed bond to, me (an electronic copy is acceptable).
Sincerely,
Kay Jennerwein
Manager—Video Compliance
Frontier,Communications
2535 West Hillcrest Drive.-Newbury Park,CA 9,1320 A Phone: 805-376-2182 1 EMAIL:Kay.Jeiiiierweiiiia�l.tr.co"i
Franchise Bond
Bond No. K09353872
Replaces Bond No. 104813306
KNOW ALL MEN BY THESE PRESENTS: That Frontier California Inc.,401 Merritt 7,Norwalk,
CT 06851 (hereinafter called the Principal), and Westchester Fire Insurance Company, 436 Walnut
Street, P.O. Box 1000, Philadelphia, PA 19106 (hereinafter called the Surety), a corporation duly
organized under the laws of the State of Pennsylvania, are held and firmly bound unto City of Redlands
(hereinafter called the Obligee), in the full and just sum of Ten Thousand and 00/100 Dollars
($10,000.00), the payment of which sum, well and truly to be made, the said Principal and Surety bind
themselves, their heirs, administrators, executors, and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal and Obligee have entered into a franchise Agreement dated October 3,2006
which is hereby referred to and made a part hereof.
WHEREAS,said Principal is required to perform certain obligations under said Agreement.
WHEREAS, the Obligee has agreed to accept this bond as security against default by Principal of
perfonnance of its obligations under said Agreement during the time period this bond is in effect.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal
shall perforin its obligations under said Agreement, then this obligation shall be void, otherwise to remain
in full force and effect,unless otherwise tenninated, cancelled or expired as hereinafter provided.
PROVIDED HOWEVER, that this bond is executed subject to the following express provisions and
conditions:
1. 1n the event of default by the Principal, Obligee shall deliver to Surety a written statement of the
details of such default within 30 days after the Obligee shall learn of the same, such notice to be
delivered by certified mail to address of said Surety as stated licrein.
2. This Bond shall be effective April 1,2016, and shall remain in full force and effect thereafter for
a period of one year and will automatically extend for additional one year periods from the expiry
date hereof, or any future expiration date, unless the Surety provides to the Obligee not less than
sixty (60) days advance written notice of tis intent not to renew this Bond or unless the Bond is
earlier canceled pursuant to the following. This Bond may be canceled at any time upon sixty
(60)days advance written notice from the Surety to the Obligee.
3. Neither cancellation, termination nor refusal by Surety to extend this bond, nor inability of
Principal to file a replacement bond or replacement security for its obligations under said
Agreement, shall constitute a loss to the Obligee recoverable under this bond.
Page 1 of 2
Bond No. K09353872
Replaces Bond No. 104813306
4. No claim, action, suit or proceeding shall be instituted against this bond unless same be brought
or instituted and process served within one year after termination or cancellation of this bond.
5. No right of action shall accrue on this bond For the use of any person, corporation or entity other
than the Obligee named herein or the heirs, executors, administrators or successors of the
Obligee.
6. The aggregate liability of the surety is limited to the penal sura stated herein regardless'ardless of the
number of years this bond remains in force or the amount or number of claims brought against
this bond.
7. This bond is and shall be construed to be strictly one of suretyship only. If any confliet or
inconsistency exists between the Surety's obligations as described in this bond and as may be
described in.any underlying agreement, permit, document or contract to which this bond is related
then the terms of this bond shall supersede and prevail in all respects.
This bond shall not bind the Surety unless it is accepted by the Obligee by signing below.
IN WITNESS WHEREOF, the above bounded Principal and Surety have hereunto signed and sealed
this bond effective this I" day of April,2016.
Principal Surety
rontiez-California Inc. Westchester Fire Insurance Company
ByBy:
Sdhn' Gianukakis Margarei/A. Ginem,Attorney-in-Fact
SVP & Treasurer C/o `Millis Towers Watson
4211 W. Buy Scout Blvd,,Ste. 1000
Tampa, FL. 33607
Accepted by Obligee: inqu4des; (813) 281-200,c
g ,ture&x(iticAkkrnai
ear
l, it Nn below)
t"!`
ATTEST:
Sam Irwin, Ci y Clerk
Page 2 of 2
PRINCIPAL'S ACKNOWLEDGMENT
CORPORATE VERIFICATION
STATE OF (
COUNTY OF t 0-1(22AQ�_
On this day of Z-1 ,,-,'1 —, in the year 2016 before me
personally came John P. Gianukakis to me known, who, being by me duly
sworn, deposes and says that he/she resides in the City of Darien that
he/she is the Senior Vice President and Treasurer of
the –Frontier California Inc. . the corporation described in and which
executed the foregoing instrument; that he/she knows the seal of the said
corporation; that the seal is affixed to the said instrument is such corporate
seal; that it was so affixed by the order of the Board of Directors of said
corporation, and that he/she signed his/her name thereto by like order.
(Signature and title of dfi'eial taking aelmowledgiment)
AAA("'.orllmissiorl EXPres LC.
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA A
COUNTY OF HILLSBOROUGH I ss,
On this Vt day of April, 2016 before me, personally came
Margaret A., Giniem, who is personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person
who executed the within Instrument as Attorney-In-Fact on
behalf of Westchester Fire Insurance Company, and
acknowledged to me that he/she executed the within instrument
on behalf of said surety company and was duly authorized to
do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
Signature
M�ianella Barnola
MARIANIL'A"ARNU
ion#FF 94%1
Commiss
E pir
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g
2 2
This areafin- Qffickd NolarialSeal
l
Power of WESTCHESTER EIRE INSURANCE COMPANY
Attorney
Know all men by these presents:That WESTCHESTER FIRE INSURANCE,COMPANY,a.corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on Decernber 11,2006,to wit•.
"RESOLVED,that the fallowing authorizations relate to the execution,for and:on behalf of Tho Company,of":bonds,undertakings,recot,mizances,contracts and other written commitrnanR.wof the Company
entered into the ordinary cmrse of business(each a"Written Commitment°"):
(1) Each ofthe Chairman.,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or
odterraise.
(2) Each duly appointed attomcy-iiw-$get of the Company is hereby authorized to execute any Written Commitment for and on behalf ofthe Company:under the seal of the Company or otherwise,to The extent Thai
such action is authorir.nd:by the grant of powers provided for in such persons"oen appointment as such.attomey-m-fact.
(1) Each of the Chairman,the President and lite Vice Puesidems of the Company is hereby authorized,for and on beltalf'of the Company,to appoint in writing any Person theattorney-in-fact ofthe Company with
full povmr and authority to execute,for and on behalf of the Company,undea the seal of the Company or otherwise,such Wratten Commitments ofthe Company as may be specified insuch written
appointment,which specification may he by general type or class of Written Commitments or by specification of one or most particular written Commitments.
(a) Each ofthe Chairman;die President and Vice Presidents of the Company in hereby authorized,for and on beltal f of iMac Contpawiy,to delegate in writing any other officer ofthe Company the authori y to
,execute,for and on behalf uC tho Company,tinder the Company's seat or otherwise,such Written Commilmonts of the Company as vara specified in such written delegation,which specification may be by
1 liemeard.type or class of Written Commilmcnts or by specificationofoae or more particular Written Commitments.
M `rhe signature of any officer or other person executing.any written Commitment or appointment or delegation pursuantto this Resolution,and the seal of the Company,maybe affixed by facsimile on such
Written Commitment or written appointment or delegation.
FURTHER.RESOLVED,that The foregoing Resolution shall not be deemed to be an exclusive stantinent ordw powers and authorrty ofolficers.,employees and other persons to tact for and on lichalfofthe
Company;and.such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted of vested.
Does hereby nominate,constitute and appoint Anen Cardinale,Brandy L Batch,David H Carr,Eileen,C heard,Margaret A Ginem,all of the City of TAMPA,Florida,
{ each"individually if there be more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and
all bonds,undertakings,recognizances,contracts and other writings in the nature thereof to penalties not exceeding Fifteen million dollars&zero cents
($15,000,000,00)and the execution of such writings in pursuance of these presents shall be as binding upon said Cum parry,as fully and amply as if they had been duly
executed and acknowledged by the regularly elected officers of the Company at its principal office,
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 7 day of October 2015.
WESTCHESTER FIRE;INSURANCE COMPANY
r : Stephen M.,Haney.Vice Prmzldeni
CCIMMON EAUFH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 7 day of 0c:tober,AD.2015 before me,a Notary Public of the Commonwealth ol'Pennsylvania in and,for the County of Philadelphia came Stephen
M,Haney,Vice-President ofthe WESTCHESTER FIRE INSURANCE:COMPANY to me personally known to be the individual and officer who executed the
preceding instrument,and he acknowledged that he executed,the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company;that
the said corporate seal and his signature were drily affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors
of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set,my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
1,the,undersigned Assistant Secretary of the WESTC 11ESTER Fl RE INSURANCE C+t7MPANY,do hereby certify that the original POWER OF A170 RNEY,of
which the foregoing Is'a substantially true and correct copy,is in full force and effect.
�d
In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this ��day of ��^"u
�'tYl:a:rcr L,IGelyy,Aasiyirar4t t��r3'
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER October 07„2017.
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