HomeMy WebLinkAboutFP50 Removal BondTOWER / STRUCTURE / EQUIPMENT
REMOVAL BOND
Location of tower/structure/equipment:
6380 Peterson Rd, Fort Pierce, FL
Site ID: FP50
FA # 10152803
Bond Number: 09100859
KNOW ALL MEN BY THESE PRESENTS:
THAT New Cingular Wireless PCS, LLC 5201 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
Services Dept, 2300 Virginia Ave, Ft. Pierce, FL 34982 as Obligee, the penal sum of Five Thousand
and NO/100 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 facility,
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 2nd day of October, 2012.
Principal:
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< . Surety:
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New Cingular Wireless PCS, LLC
By AT&T Mobility Corporation its manager
Art Kirehoffsr-
Assistal ii ' reasurer
Fide ity and Deposit Company of Maryland
ad( 0, \' ` c 6Jt i-,-)
Heidi A. Notheisen, Attorney -in -Fact
ACKNOWLEDGMENT BY SURETY
STATE
OF Missouri
County } SS.
of St. Charles
On tins 2nd
appeared
day of' October
Heidi A. Notheisen
Fidelity and Deposit Company of Maryland
, 2012 , before me personally
, known to me to be the Attorney-ui-Fact of
, the corporation
that executed die withui uistrument, and acknowledged to me that such corporation executed the same.
IN WITNESS NVHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid
County, the day and year ni this certificate first above written.
My Commission Expires: July 18, 2016
(Seal) NANCYL. JOH�N3y0Soun seal
Commis�efor St Charles Cow*
My Commisslon Expires: Ju 18, 2016
Commission Number: 12�69ngn
Nancy L. Johnson
Notary Public in the State of Missouri
County of St. Charles
S-0230/GEEF 2/98
Power of Attornev
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 FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate,
constitute and appoint Pamela A. BEELMAN, Cynthia L. CHOREN E nn 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' p s e s r° as its act and deed: any and all
bonds and undertakings, and the execut' s� or e uance of these presents, shall be as
binding upon said Company, as to a ses, as if they had been duly executed and
acknowledged by t el t y at its office in Baltimore, Md., in their own proper persons.
This power of attor es t of e ffi
aof Pamela A. BEELMAN, Cynthia L. HANAK, Heidi A. NOTHEISEN,
JoAnn R. FRANK, I ebra C. SCHNEIDER, Sandra L. HAM, dated December 12, 2007.
The said Assistant r 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:
'gyp 9EPOS
0 0
P im
State of Maryland I
ss:
City of Baltimore
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
a
Gerald F. Haley Assistant Secretan`
rGi/rfG4�C/
By:
Frank E. Martin Jr. 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 FRANK E. MARTIN JR., 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.
```j111�1I; 1!!ll,i
!'lgrlfu"�
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2015
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 2nd1 day of nctpber 2012
Assistant Secretary