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
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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