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HomeMy WebLinkAboutBondTOWER/STRUCTURE/EQUIPMENT REMOVALBOND Location of tower/structure/equipment: 2626 SW Crane Creek Ave, Palm City, FL Site ID: FP01 FA # 10070078 Bond Number: 09046910 :INN➢A/G1��1r11��� 'r1.Ix.Y��:Ix.Y�►� THAT New Cingular Wireless PCS, LLC 5201 S. Congress Ave, Boca Raton, FL 33487 as Principal, and Fidelity and Deposit Company of Maryland, a corporation duly organized under the laws of the State of Maryland as Surety, are held and firmly bound unto St. Lucie County, Planning and Development Services, 2300 Virginia Ave, Fort Pierce, FL 34982 as Obligee, the penal sum of Five Thousand and N01100 Dollars ($5,000.00) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the surety being limited to the penal sum of this bond regardless of the number of years the bond is in effect. WHEREAS, the Principal has entered into a written agreement with the property owner for the placement of a tower, structure or equipment furnishing telephone, television or other electronic media service, which agreement sets forth the terms and conditions which govern the use of such towers, structures or equipment and which agreement is hereby specifically referred to and made part hereof, and WHEREAS, the St. Lucie County ordinance and/or the property owner, requires the submission of a bond guaranteeing the maintenance, replacement, removal or relocation of said tower, NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal shall perform in accordance with the aforesaid ordinance and/or agreement, and indemnify the Obligee against all loss caused by Principal's breach of any ordinance or agreement relating to the maintenance, replacement, removal or relocation of a tower, structure or equipment, then this obligation shall be void, otherwise to remain in full force and effect unless cancelled as set forth below. THIS BOND may be cancelled by Surety by giving thirty (30) days written notice to the Obligee by certified mail. Such cancellation shall not affect any liability the surety has incurred under this bond prior to the effective date of the termination. PROVIDED that no action, suit or proceeding shall be maintained against the Surety on this bond unless the action is brought within twelve (12) months of the cancellation date of this bond. SIGNED this 22nd day of June, 2011. New Cingular Wireless PCS, LLC Principal: By T&T Mobility Corporation, its manager By: Art Kirchoffer 10" �r gasurer 1)LPO��y Fidelity and Deposit Co pany of Maryland Lt6 • C.� � �' k= ` Heidi A. Notheisen, Attorney -in -Fact FL Lic #13040504 ACKNOWLEDGMENT BY SURETY STATE OP Missouri City of St. Louis On this 22nd appeared day of June Heidi A. Notheisen Fidelity and Deposit Company of Maryland 2011 , before me personally known to me to be the Auorucy-in-Fact of' , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my band and affixed my official wail, at my office in the aforesaid Couuty, die day and year in this certificate first above written. My Commission Expires: 01/18/2013 (Seal) SANDRAL.HAM Notaty Public•Nota Seal STATE OF MISSO�RI St. Louis Countlyyl1 My CoComm sion#09450177 2013 O Saudra L. Ham m Notary Public in the State of Missouri County of St Louis S-0230/GEEF 2/98 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of saidPEJ�� y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the da ereby nominate, constitute and appoint Pamela A. BEELMAN, Cynthia L. CHOREN no R. FRANK, Karen L. ROIDER, Debra C. SCHNEIDER and Sandra L. HA is ue and lawful agent and Attorney -in -Fact, to make, execute, seal and del s s & as its act and deed: any and all bonds and undertakings, and the exec s� or e ante of these presents, shall be as binding upon said Company, as o a ses, as if they had been duly executed and acknowledged by i el t of " e y at its office in Baltimore, Md., in their own proper persons. This power of attor es t of Pamela A. BEELMAN, Cynthia L. HANAK, Heidi A. NOTHEISEN, JoAnn R. FRANK, � R I ebra C. SCHNEIDER, Sandra L. HAM, dated December 12, 2007. The said Assistant r y does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December, A.D.2009. ATTEST: State of Maryland l ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND d � 4E By: Gerald F. Haley Assistant Secretary I William J. Mills Vice President On this 3rd day of December, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. i Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 079-0626 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 22nd day of June 2011 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to w authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto, CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and, facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 22nd clay of June 2011 /)' Assistant Secretary