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HomeMy WebLinkAboutS92-1202 Electric Bond ... Executed in Duplicate ELECTRIC ORDINANCE BOND S9a-ra Bond No. U 063 74 75 - 542 $5,000.00 KNOW ALL MEN BY THESE PRESENTS: That we, COMMONWEALTH EDISON COMPANY, an Illinois corporation, as Principal, and United Pacific Insurance Company, State of Pennsylvania, as Surety, are held and firmly bound unto the CITY OF ELGIN, KANE and COOK COUNTY, Illinois, for a term of fifty-five (55) years, in the sum of Five Thousand Dollars ($5,000.00) for the payment of which, well and truly to be made, we bind ourselves, these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, whereas, the City Council of said CITY OF ELGIN did, on the 2nd day of December, 1992, pass and the Mayor of said City did, on the 3rd day of December, 1992, approve an ordinance granting to COMMONWEALTH EDISON COMPANY, its successors and assigns, the right, permission and authority to construct, operate and maintain in and through the CITY OF ELGIN, in the County of Kane and Cook and State of Illinois, for a term of sixty-one (61) years, effective on and after December 2, 1992, a system for the production transmission, distribution and sale of electricity for lighting, heating, power and other purposes, and WHEREAS, it is provided in Section 14.3 of said ordinance that said COMMONWEALTH EDISON COMPANY, its successors and assigns shall, during the life of said ordinance, keep on file with the City Council of said CITY OF ELGIN, a good and sufficient bond in the sum of Five Thousand Dollars ($5,000.00) conditioned to protect and indemnify said City from and against any loss, injury, damage or liability legally arising from or growing out of the construction, operation or maintenance of said system, or legally resulting on account of the privileges in said ordinance granted. NOW, if said COMMONWEALTH EDISON COMPANY, its successors and assigns, shall conform to and comply with said provision of Section 14.3 of said ordinance granted, then this obligation to be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, said Principal and Surety have caused these presents to be executed by their lawfully authorized officers this 2nd day of December, 1992. The acceptance of this bond cancels and supersedes prior bond no. U636465-121. Principal COMMONWEALTH EDISON COMPANY ,`By: / � / 1Yli hairman ATTEST: Assistant S crelary Surety UNITED PACIFIC INSURANCE COMPANY By: ____ Attorney-in-Fact/Resi Agent C.R. Hernandez w UNITED PACIFIC INS URA LICE COMPANY HEAD OFFICE, FEDERAL WAY, WASHINGTON POWER OF ATTORNEY PN0'J.,AIL MEN BY THESE PRESENTS,That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the State of Washington,does hereby make,constitute and appoint William F. Fraser, Edward J. Robins, Barbara Bowden, C. R. Hernandez and Theodore C. Sevier, Jr. , individually, of Chicago, Illinois its true and lawful Attorney•in•Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed any and all bonds and undertakings of Suretyship, and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies aria confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. The Power of Attorney is granted under and by authority of Article VII of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7,1978,which provisions are now in full force and effect,reading as follows ARTICLE VII— EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vine President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company.bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and(b)to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him, 2 Attorneys-in•Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on pehalf of the Company.bonds and undertakings.recognizances,contracts of indemnity and other writings obligatory in the nature thereof.The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3 Attorneys in Fact shall have power and authority to execute affidavits required to be attached to bonds.recognizances,contracts of indemnity or other conditional or obligatory undertakings a-1d they shall also have power and authority to certify the financial statement of the Company and to copies of the By•Laws of the Company or any article or section thereof. The power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which a quorjm was present,and said Resolution has not been amended or repealed "Resolved.that the signature of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any Such power of attorney or certificate Dearing such (ascimile signatures or facsimile seal shall De valid and binding upon the Company and any such power so executed a— r'a",r,n,by facsimile signatures and facsimile seal Shall be valid and binding upon the Company in the future won iespe::is any Dono or unoer;a.ins to which it is attached" IN WITNESS WHEREOF the UNITED PACIFIC INSURANCE COMPANY has causes tnese presents lobe signed by its Vice President.and its corporate seal to De hereto affixed,this 1st day of August 1991 . ""t,. UNITED PACT C INSURANC MPA X i ` S SEAL L.i STATE OF Pennsylvania .\, Vice President as COUNTY OF Pn:ladelohia s-s.,.%O', On this 1st day of August ,19 91,personally appeared Charles B. 5ch:._1 z li 10 me k^,,,- „c.t.Presice^t Of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the 4 foregoing instrument and affixed the seal of said corporation thereto,and that Article VII,Section 1,2,and 3 of the By-Laws of said company and I the Resolution,set forth therein,are still in full force. i ,,� %fy Commission Expires —/1d 1.et./ ` O-.]' _,•.(i4001,71.4 19 :.� - . Notary Public in and for State of Pennsyl1 J_ s 0,.,,N. Residing at Philadelphia 1. Arita Zipper: .mocce Secretary of the UNITED PACIFIC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true ano correct copy of a Power of Attorney executed by UNITED PACIFIC INSURANCE COMPANY,which is Still in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand and affix 'of said Company this 2 day •Decemtj r 19 92 EDU•1431 Ed.6/79 y t� X)bsO , t�Secretary , Mt L -n / f Commonwealth Edison One First National Plaza, Chicago, Illinois Address Reply to: Post Office Box 767 Chicago, Illinois 60690-0767 December 18, 1992 Ms. Dolonna Mecum City Clerk City of Elgin 150 Dexter Court Elgin, Illinois 60120 Re: Electric Ordinance Effective December 2, 1992 Liability Insurance and Self-Insurance Program Licensee Affidavit Letter Dear Ms. Mecum: As required by Section 14.2 Comprehensive Liability Insurance or Self-Insurance, of the above referenced Electric Ordinance, this letter provides certain information concerning the comprehensive general liability insurance and self-insurance program of Commonwealth Edison Company. The current program is briefly described as follows: 1. A self-insured retention of $2,500,000 each occurrence and $5,000,000 annual aggregate in excess of $2,500,000 each occurrence. 2. The insured portion of the program is claims made commercial excess liability coverage, including automobile liability, applying on a per occurrence basis and, in certain situations, with annual aggregate limitations. Written through a combination of U.S. and non-U.S. insurance companies, the limits exceed $25,000,000. It is the Company's practice to review the general liability coverage from time-to-time and, when deemed appropriate, to modify the self-insured retentions, limits of coverage purchased, and terms and conditions of the various policies. As Director, Risk Management, the undersigned has knowledge of the Company's insurance and self-insurance program and is authorized to make the representations contained herein. Sincerely, Vidal See ...,......„,.....032_, Uri 4 Alimiki: '1:8 Itatel 'lac, Stok 49 14 6111111414916/ie#G&f'Q4 4/I7/95 Jeffrey B. Pennock Director, Risk Management 19 � Sworn to and subscribed before me this )/, day of --1" �` c£ - 6 <yC (///r. 7/ , 1/otary P 4 lic ACCEPTANCE OF ELECTRIC ORDINANCE TO THE MAYOR AND THE CITY COUNCIL CITY OF ELGIN ELGIN, ILLINOIS Mayor and City Council: The undersigned, COMMONWEALTH EDISON COMPANY, for itself, its successors and assigns, hereby accepts the Ordinance entitled: "An Ordinance Authorizing Commonwealth Edison Company To Use The Public Ways And Other Public Property In Conjunction With Its Construction, Operation And Maintenance Of An Electric System In And Through The City Of Elgin, Kane and Cook Counties, Illinois" ; duly passed by the City Council of the City of Elgin on the 2nd day of December, A.D. 1992, and duly approved by the Mayor of said City on the 3rd day of December, A.D. 1992 . IN TESTIMONY WHEREOF, the undersigned has caused these presents to be signed by its Chairman, and its Corporate Seal to be hereunto affixed, attested by its Assistant Secretary, this 23rd day of December, A.D. 1992 . COMMONWEALTH EDISON COMPANY By hairman ATTEST: 7 n 1 Assistant 9ecr�tar Y STATE OF ILLINOIS ) COUNTIES OF KANE AND COOK ) SS. CITY OF ELGIN ) I� Dolonna Mecum , City Clerk of the City of Elgin, Kane and Cook Counties, Illinois, do hereby certify that the attached and foregoing is a true and correct copy of an Acceptance of an Ordinance of said City, duly passed by the City Council on the 2nd day of December, A.D. 1992, and duly approved by the Mayor of said City on the 3rd day of December, A.D. 1992 , and that said acceptance was duly filed in my office on the 29th day of December , A.D. 19_9j. I do further certify that I am the legal custodian of all papers, contracts, documents and records of the said City. WITNESS my hand and the official seal of said City this 29th day of Der mher , A.D. 19 97 . City Clerk 150 Dexter Court Elgin, IL 60170 Address (SEAL) STATE OF ILLINOIS ) COUNTIES OF KANE AND COOK ) SS. CITY OF ELGIN ) I. nn1onna Mecum , City Clerk of the City of Elgin, Kane and Cook Counties, Illinois, do hereby certify that the attached and foregoing are true and correct copies of (1) a certain bond, and (2) a certificate of self insurance, both duly filed in my office by Commonwealth Edison Company, on the 29th day of December , A.D. 19 92, under and pursuant to the provisions of a certain ordinance of said City passed on the 2nd day of December, A.D. 1992 , and the original bond and certificate of self insurance of which the foregoing are copies, were duly filed in my office. I do further certify that I am the legal custodian of all papers, contracts, documents and records of the said City. WITNESS my hand and the official seal of said City this 29th day of December , A.D. 19 q2. City Clerk 150 Dexter Court Elgin IL 60120 Address (SEAL) Commonwealth Edison Company www.exeloncorp.com An Exelon Company Three Lincoln Centre Oakbrook Terrace,IL 60181-4260 COMEd March 11, 2002 Clerks for Municipalities served under the Municipal Electric Ordinance Bond with ComEd Re: Rider to the Municipal Electric Ordinance Bond Please fmd attached a Rider for the Municipal Ordinance Bond for your community. Travelers Casualty and Surety Company of America is replacing the prior holder of this Surety as a result of the acquisition of the Reliance Company by Travelers. Such replacement does not adversely impact coverage,which has remained continuous and in force throughout the change in named Surety providers. It does however, change the Bond number and Provider name, and thus this Rider should be filed with your Municipal Electric Ordinance papers, for future reference as necessary. Should you have any questions,please feel free to call me at(630)437-2324. Cordially, 711 James M.Baloun Principal Risk Management Analyst ComEd Energy Delivery i I AI TravelersPropertCasualty I A member ofcitigroup J SURETY BOND RIDER (Obligee's Address) TO: Elgin RE: Acquisition of Reliance Surety Principal Name: Commonwealth Edison Company Reliance Bond Number: U63 74 75 -542 Bond Amount: $5,000.00 The purpose of this Rider is to: [X ] CHANGE BOND NUMBER Effective 6/1/01 ,surety bond number U63 74 75-542 is changed to 8S103675500BCM-542. [X ] CHANGE SURETY COMPANY Effective 6/1/01 ,the surety on the above referenced bond is Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company of America replaces United Pacific Insurance Company as surety. The termination of liability under the Reliance bond is a condition precedent to the change of surety. [ ] CONTINUATION CERTIFICATE This certificate extends the life of the bond to . It is executed upon the express condition that the surety's liability under said bond,together with this and all previous continuation certificates,shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. Signed,sealed and dated this 10th day of October ,20 01. Travelers Casualty and Surety ompany of America By: C.R. Hernandez,Attorney-in-Fact S-5353 (06-00) Travelers Casualty and Surety Company of America,Hartford,Connecticut 06183 Travelers Casualty and Surety Company,Hartford,Connecticut 06183 Farmington Casualty Company,Hartford,Connecticut 06183 IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 5th day of September 2001. 1 STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY 1 )SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD f strk gJ'�,TY ANpa GAStI,��r qt.g a r HARTFORD,G9m< c4�'19 g jj� By ...........›4e--.7- 5.e----....---- I c CON"' �� * ,a; George W. Thompson `61 0 bY4 * 1.• Senior Vice President On this 5th day of September, 2001 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument;that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals;and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. (TIN •TAft nIkAjoiL C ttrALCUad+ My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 10th day of October ,20 01. _. .4 t ANps ,Gr.s�U (1-0t4----7 crf 10, 4) 4:7D—;-2'f 114-949- ---.. rug:mom: FORD, 19 S 2 q Byio 11.74. i Johans 04 b�'4 * ►�`'� Assistant Secretary, Bond t� • TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMEr ICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these present's make,-constitute and appoint: Theodore C. Sevier,Jr.,C. R. Hernandez,Ralph E.Nosal,Katherine J. Foreit,Debra R Kcebler,Sandra Nowakt wski,Joseph R Poplawski,Shelly K. Szymczak, of Chicago,Illinois, their true and lawful Attorney(s)- inFact,,with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instniment(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard)