HomeMy WebLinkAboutBond Cover (EFILED 6-10-19)DISTRICT COURT, EAGLE COUNTY, COLORADO Court Address: Eagle County Justice Center 885 Chambers Avenue Eagle, CO 81631 No.: (970) 328-6373 PETITIONER: IN RE THE MATTER OF TOWER CENTER METROPOLITAN DISTRICT Attorneys for Petitioner: Alan D. Pogue Anna C. Wool ICENOGLE SEAVER POGUE, P.C. 4725 S. Monaco St., Suite 360 Denver, Colorado 80237 Phone Number: (303) 292-9100 FAX Number: (303) 292-9101 E-mail: APogue(@isp-law.com AWool(@jM-law.com Atty. Reg. #: 30156 (Pogue) 46237 (Wool) ■ COURT USE ONLY ■ Case Number: 2008 CV 316 Div.: 3C CERTIFICATE OF BOND FOR TOWER CENTER METROPOLITAN DISTRICT 1. Pursuant to Section 32-1-901(2), C.R.S., Tower Center Metropolitan District (the "District") is required to file with this Court, within thirty days after a director is elected or appointed to fill a vacancy on the Board of Directors for the District, an individual, schedule, or blanket surety bond, in an amount of not less than one thousand dollars each, conditioned upon the faithful performance of his or her duties as director. 2. On May 28, 2019, pursuant to Resolution No. 20 (Series 2019), the Town Council of the Town of Gypsum, appointed Kenneth J. Marchetti, Kathy Lewensten, and Debra J. Braucht to the Board of Directors for the District. 3. In satisfaction of the requirements of Section 32-1-901(2), C.R.S., the District hereby files evidence of a certain certificate of insurance, attached hereto as Exhibit A and incorporated herein by reference, obtained to cover said directors in the faithful performance of their duties as directors on the Board of Directors of the District. Respectfully submitted this 10th day of June , 2019. A duly signed copy ofthe document is on file at the office of kenogle Seaver Pogue, P.C. A, ^"w ls/ Anna C. Wool Alan D. Pogue, #30156 Anna C. Wood, # 46237 ICENOGLE SEAVER POGUE, P.C. ATTORNEYS FOR THE PETITIONER TCMD\DIRECTORS\SLP 1206061019 1328.0011(b) RL' ® RLI Insurance Company P.O. Box 3967 Peoria IL 61612-3967 Phone: (309)692-1000 Fax: (309)683-1610 Item 1. Name of Insured: Tower Center Metropolitan District EXHIBIT A PUBLIC OFFICIAL POSITION SCHEDULE BOND Bond No. LSM1252492 (the "Insured") Principal Address: c/o Icenogle Seaver Pogue 4725 South Monaco Street, Suite 360 Denver, CO 80237 Item 2. Bond Period June 5. 2019 to Continuous Until Cancelled . Item 3. Limit of liability does not exceed the sum specified in the Schedule of named Positions or written acceptances by the Company as to each Position there listed. I. INSURING AGREEMENT The RLI Insurance Company, an Illinois corporation (the "Company"), in consideration of an agreed premium is held and firmly bound unto Tower Center MgtrQpolitan District of Denver Obligee, for the faithful discharge of the duties of any Public Official or Employee while occupying any position named in the schedule attached, or added thereto by written acceptance of the Company as to said position after the 5th day of .lung 1 2019_ II. CONDITIONS A. Coverage. Automatic coverage is granted for the first thirty days service of any Public Official or Employee: (1) Occupying a newly created position identical with one listed in the schedule of positions, in an equal amount. Provided, however, that the automatic coverage herein granted shall be void and of no effect from the beginning, unless during the said thirty day period the Obligee has requested in writing that the position be added to the schedule, and the Company by written acceptance has consented thereto. Coverage on any position may be increased or decreased upon written request of the Obligee, if agreed to in writing by the Company. B. Cancellation. Cancellation hereunder is effective, and all liability under this bond shall cease as to future acts or omissions as to any Public Official or Employee on the date specified in written notice given by the Obligee to the Company as to any or all positions or Public Officials or Employees, or after thirty days' written notice given by the Company to the Obligee of its intent to cancel this bond in its entirety, or as to any Public Official or Employee or position. C. Liability. The Company's liability under this bond shall not be cumulative, and in no event shall the Company be called upon to pay as a loss hereunder in an amount greater than the largest single amount for which the position occupied by any Public Official or Employee causing such loss is or has been covered in the schedule, whether said loss occurred during any one or more years. The liability of the Company for any Public Official or Employee occupying more than one position at one time, or at different times, shall not exceed the largest amount of coverage specified for any single position occupied by said Public Official or Employee. The liability of the Company shall never exceed the amount in effect for the position when the act OFF 0102 (2/93) Page 1 of 3 Pages 00002304-30.30 of the Public Official or Employee causing the loss shall have occurred. In the event there are more Public Officials or Employees occupying the position covered in the schedule than are listed therein, the Company shall be liable for such proportion of the amount of coverage as the number of Public Officials or Employees listed bears to the number of Public Officials or Employees actually occupying the position when the loss occurred. The Liability of the Company hereunder is subject to the terms and conditions of the following Riders, attached thereto: None of the specifications of this Bond shall be altered or waived, except in writing by the Company executed by its President, Vice President, Secretary, Assistant Secretary or Treasurer. Dated this 5th day of June 2019 RLI Insurance Company By j. i' L- Barton W. Davis Vice President OFF 0102 (2/93) Page 2 of 3 Pages 00002304-30.30 Bond No. LSM1252492 SCHEDULE OF POSITIONS - EFFECTIVE THE 5th DAY OF 2019 . (If there is more than one position of like classification, list by number, thus: Cashier No. 1, Cashier No. 2) Schedule Number Position Name No. Position Location Bond Amount 1 Treasurer 1 $ 5,000.00 2 Board Member 1 $ 1,000.00 3 Board Member 1 $ 1,000.00 4 Board Member 1 $ 1,000.00 5 Board Member 1 $ 1,000.00 6 Board Member 1 $ 1,000.00 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 OFF 0102 (2/93) Page 3 of 3 Pages 00002304-30,30 POWER OF ATTORNEY RLI Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: Bond No. I SM1252492 That the RLI Insurance Company 'a corporation organized and existing under the laws of the State of Illinois and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Barton W. Davis in the City of !, Peoria ,, State of Illinois as it's true and lawful Agent and Vice President, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Five Hundred Thousand and 00/100 Dollars ( $ 500.000.00 1 for any single obligation, and specifically for the following described bond. Principal: Tower Center MelMpolitan District Obligee: Same as Principal Type Bond: Public Official Position Schedule Bond Bond Amount: S 10.000.00 Effective Date: June 5, 2019 The „ RLI Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company , and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the B141 111surance Company has caused these presents to be executed by its with its corporate seal affixed this 5th day of June , 2019 ,,k"�y "6 r,, • 4p't` � Cp RLI Insurance Company . -_ �• !�- ST By: ' Barton W. Davis Vice President � IuH State of Illinois } SS County of Peoria CERTIFICATE On this 5th day of June 1 701d before me, a Notary Public, personally appeared Barton W. Pavis. , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid ofricer of the RLI Insurance Cotnnunv and acknowledged said instrument to be the voluntary act and deed of said corporation. By: 11 ►Ilt�1_ d �_ Gretchen L. Johnigk Notary Public ►YA►rx'lxxl'aTCT r- GRETCHENLJOHNIGK 9fB "OFFICIAL SEAL" f k� p My Commission Expires May 26, 2020 mmm I, the undersigned officer of RLI Insurance Cpmnsnv do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Comuanv this 2h day of RLI Insurance Company By: 004L. Jean M. St h nson Corporate Secretary A0006817