Performance Bond-r%
This bond replaces Bond No. BDA0000740933 issued by AMCO Insurance Company on 10/30/2014
CITY OF SALINA, KANSAS
PERFORMANCE BOND FOR TELECONPi WINICATIONS FRAINCHISE
Bond No. 0202525
"PRINCIPAL" (Name and Address)
Zayo Group, LLC
1805 29th Street, Suite 2050
Boulder, CO 80301
"SURETY" (Name and Principal Address):
Berkley Insurance Company
475 STEAMBOAT ROAD
GREENWICH, CT 06830
KNOW ALL MEN BY THESE PRESENTS, that we, the above -referenced Principal and.
Surety, are held and firmly bound unto the City of Salina, Kansas ("City"), a Kansas municipal;
corporation, in the sum of One Hundred Thousand Dollars ($100,000.00), for the payment of
which sum, well and truly to be made, we hereby bind ourselves, our heirs, executors,;
administrators, successors and assigns, jointly and severally by these presents.
THE CONDITIONS OF THIS BOND ARE SUCH THAT:
The above bonded Principal has obtained from the City a contract franchise ordinance,
identified as Ordinance No. 14-10742 and passed by the City's Governing Body on August 18,
2014 (the "Franchise"), granting the Principal a non-exclusive contract franchise to construct,'
install, and operate certain telecommunications facilities in the City's public right-of-way,
subject to the terms and conditions of the Franchise and Article XIII, Chapter 35 of the Salina
Code governing the use and excavation of the public right-of-way by utility service providers
and their contractors (the '"ROW Ordinance").
A surety bond is required to guarantee the performance of the Principal's obligations
under the Franchise and the ROW Ordinance, including but not limited to the Principal's
obligations relating to maintenance, repair, and removal of facilities in the public right-of-way,
and the repair and restoration of damage to the right-of-way caused by the Principal or its
contractors.
NOW, THEREFORE, if the Principal shall in all respects promptly and faithfully
perform all obligations of the Franchise and the ROW Ordinance, then this obligation shall be
and become null and void; otherwise, it shall remain in full force and effect.
PROVIDED FURTHER, that the Surety, for value received, hereby stipulates and agrees
that no amendment, alteration or addition to the terms of the Franchise or the ROW Ordinance.
or the work authorized to be performed thereunder, shall in any way affect its obligation on this I
bond, and it does hereby waive notice of any such amendment, alteration or addition to the terms
of the Franchise or the ROW Ordinance, or to the work to be performed thereunder.
PROVIDED FURTHER, that whenever the Principal is declared by the City to be in
default under the Franchise or the ROW Ordinance, the Surety shall promptly remedy the default
by arranging for the performance of the required maintenance, repair, or removal of the facilities,
and/or the completion of the repair and restoration of the public right-of-way, in accordance with
the terms and conditions of the Franchise and the ROW Ordinance, and shall make available as
work progresses sufficient funds to pay the cost of completion and other costs and damages forj
which the Surety may be liable hereunder, which sum shall not exceed the amount set forth in the'
first paragraph hereof. No right of action shall accrue on this bond to or for the use of any;
person or entity other than the City.
IN TESTIMONY WHEREOF, the Principal has hereunto set its hand, and the Surety has i
caused this bond to be executed in its name, and its corporate seal to be hereunto affixed, by its
attorney-in-fact duly authorized to do so, as of this 3rd day of June, 2016.
PWNCIPAL SURETY
Zayo Group, LLC
By:�--
Signature
C'h.4-rlrs � S�-
Print Name
Title
Berkley Insurance Company
Surety's Name and Corporate Seal
By:
Si tur Power of Attorney)
Jessica Jean Rini
Print Name -
Title
Attorney -In -Fact
(A certified copy of the agent's Power of Attorney must be attached hereto.)
2
No. BI77957g
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted
and appointed, and does by these presents make, constitute and appoint: Janice Ruth Trojan (a/k/a J. R. Trojan); Jessica Jean
Rini, or Cheryl M. Husted of Willis of Colorado, Inc. of Denver, CO its true and lawful Attorney-in-Fact, to sign its name as
surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the
L exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars
(U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected
officers of the Company at its principal office in their own proper persons.
o This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
= without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
>
RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
> Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
oc to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
L o corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any, such
0 o attorney-in-fact and revoke any power of attorney previously granted; and further
a- RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
c manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; ,and
further
o to RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
Q'E power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
3 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
rperson or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
o = ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these�l presnts to be signed and attested by its appropriate officer's and its
ocorporate seal hereunto affixed thU?� day of �1' m �r� 1 , 2015.
Attest: Berkley Insurance Com any
L
P, i= (Seal) By / B �l
o D Ira S/Lederman J Vafter
o N Senior Vice President & Secretary S lc President I
' o
a WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
o a�
a = STATE OF CONNECTICUT)
0 0 ) ss:
L COUNTY OF FAIRFIELD )
0 �/ ,{
Y Sworn to before me, a Notary Public in the State of Connecticut, thisy't day, of.�=�, 2015, by ha S. Lederman and
_ Jeffrey M. Halter who are sworn to me to be the Senior Vice President and Secretary, a d the Senior Vice President, respectively, of
Berkley Insurance Company. MARIA C. RUNDBAKEN
NOTARY PUBLIC MAIML-
MY
o COMMISSION EXPIRES 146tary Public, State of Connecticut
.2 APRIL 30, 2019
Cs
Z CERTIFICATE
z 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a
true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded
3 and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to'which-�this Power of
Attorney is attached, is in full force and effect as of this date.
Given under my hand and seal of the Company, this 3r�day of 'l
(Seal)
Mich J. Hurley