32C-107 Omnipoint Communications 76 Main St. 6-26-2008_ _
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PERFORM/1NCE BOND
Bond Number: 07ooo69as
Site Number; asHO2s1c ~
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:KNOW ALL BY THESE PRES,ENTS:, That
Vtile OMNIPOINT COMMUNICATIONS INC. ;
as Principal, h-ereinafter called Prlncipal, .and Liberty Mut"ual Insurance Company, 175
Berkeley Street,. Boston, MA Q2116, a. Massach:usefts corporation; as Surefiy,
hereinafter_ called Surety:, are held, and firmly bound
tlllt0 CITY OF NORTHAMPTON ~ aS ~;bllgee,;
hereinafter e'alled bbllgee, In the anlOUrlt Of -Twenty Five Thousand and 00/100_
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- Dollars ($ _25,000.00_ ~ for the payment of which sum,well and truly to be.
made;_the•said.Principal and Surety-bind themselves., and their heirs, executors,
administrators, successors and assigns, jointly and severally, f'irrnly by these presents..
• • , . .. Planning Board -Decision. Hearing No.: PLN-2006-
VI/H.EREAS, Principal has entered into a 0051 .dated
for the telecommunication facility located at , .
Planning Board -Decision. Hearing No.: PLN- :;
76 Main Street, Northampton, MA 01103 , WI11Ch 2006-0051 IS`
by~reference made a "part hereof;. apd
-~, , , .. Planning Board -Decision. Hearing No.: PLN-
1NHEREAS, as a condition ofsard 2006-0051 .requires Principal
to provide a Bond guaranteelrig .the
removal of the facilities in the event that antennas cease to be used and the owner fails to remove
the facilities . _ - at Said IOCatIOn.
NOVV,'THER'EFORE, TH;E" CO'NDITfON :O'F THE ABOVE OBLIGATION IS SUCH:,:
That 'ifi PrincipaLshall guarantee the
c. removal of the-facilities-in-the-event that antennas c~easeao-ba used a d tl owner fails to-remove the facilities itl
TdrlTTmg"6IIdrCf-D'EGTSTQrI'-RC1c7TTrR;JT
. , 2006,005.1
accordance with said., ; thenfhis obligation is void,
otherwise to remain in full force and effect,
PROVIDED;. HOINEVE~R:, That:
1<. Jt shall be a conditio"n precedent to any righfi of recovery hereunder; that in;
event of any default:>an the part of the Principal, a written staten-rent of the
particular facts..of such default shall be forwarded to :the Surety, within'"sixty
(60) days, of.the occurrence of such default, delivered by registered mail to
Surefy at its Home Office in; Plymouth, Meeting, PA.
2. That no action, lawsuit or proceeding ~sfall be 'had or maintained against the
Surety on this Bond unless the:'same.be filed and properly served-upon the
Surety within o;ne year from the effective date of the cancellation of the Bond.
3. That no right of action shall accrue under this Bond to or for°the ase o'f a
person or entity other than the Ob igee, an:d' its successors and: assigns:
4. This °Bond shal'I become effective 6i26i2oos
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5. This Bond shall continue in full force a'rid effect unti canceled by'the SUretyby
providing thin "(30}days written notice to the Obligee,
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6. The liability:of"the Surety shall in no event exceed'fhe aggregate: penal sum of
the Band penalty...
7. If any conflict or Inconsistency eXsts between tfi,e Surety's obligation or
undertakings as describetl in the Bond and as described iii the underlying
document, then the:terms of the B"ond shall prevail.
8. This" Band "shall .not bind'the Surety unless the Bond is accepted: bythe
obligee; The acknowledgment and acceptance of such Bond is ~-.
demonst"rated. b<y signing where indicatedbelow: If this obligation is"n:ot:
accepted byway of signature of the: obligee below,:thi Bond shall be
deemed null :a;nd woel
IN 1NITN"ES:S WHEREQF, The said Principal acid Su"rety have signed and sealed
thls'instr"ume;nt on this; ~otn day of ~u~e 2ooa
OMNIPOINT COMMUNICATIONS INC.
By:
Namelritle
Liberty Mutual I;nsiirance Company.
By;
Edward c. spector Rttorney=in-Fact
The :abode .terms ;and c:ondito'ns of thisbond hake ;been reviewed and
accepted by the'To"wn of :;
Acknowledged and A'ccept'ed by _ , O:bIIgee
By;
(Title)
Date"d:
Return to: Liberty Mutual insurance Company
One Front. Street
Suite 1925;
San .Francisco;. CA 9411 ~1
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August 1, 2008
City of Northampton
210 Main Street
Northampton, MA 01060
RE: Replacement Surety Bond Site Number(s). 4SH0291 C
Dear Sir or Madam:
T-Mobile USA, Inc. has chosen to replace our current Surety Bond Carrier
(Travelers) with Safeco or Liberty Mutual Insurance Company.
Enclosed, please find the replacement bond.
Also enclosed please find an exoneration letter for Travelers Casualty and
Surety Company of America, our previous surety carrier. Please execute this
letter on your letterhead and have it signed by an authorized representative.
It is important to have the individual who signs the letter print his or her
name and title clearly on the letterhead. Please fax a copy of the letter to my
attention at 973-292-8691 and mail the letter in the enclosed, self-addressed
envelope.
If you have any questions, please call. Thank you for your consideration in
this matter.
Sincerely, ~.-,
_r ~ : ,/,
f '~ v ` /
Kellie Malone `~,\
Lease Specialist 3 ~~
973-292- 8953 ~~
T-Mobile USA, Inc.
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