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HomeMy WebLinkAbout800642 A2P0090A Removal Bond 2008 10.29.13PERFORMANCE BOND Bond Number: 070007134 Premium:250 Site Number: A2Poo90A KNOW ALL BY THESE PRESENTS, That We T-MOBILE SOUTH LLC as Principal, hereinafter called Principal, and Liberty Mutual Insurance Company, 175 Berkeley Street, Boston, MA 02116, a Massachusetts corporation, as Surety, hereinafter called Surety, are held and firmly bound unto ST, LUCIE COUNTY, FL as Obligee, hereinafter called Obligee, in the amount of Five Thousand and 00/100 Dollars ($ 5.000.00 '" ) for the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Principal has entered into a Ordinance Section 7.1023lPQ) dated for the telecommunication facility located at: 16434 Okeechobee Road, West St. Lucie, FL 34945 , which Ordinance Section 7.10.23 (PQ) Is by reference made a part hereof, and WHEREAS, as a condition of said Ordinance Section7.10.23(PQ) requires Principal to provide a Bond guaranteeing the removal of an antenna, antenna array, or tower at said location. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if Principal shall guarantee the removal of an antenna, antenna array or tourer , In accordance with said Ordinance Section 7.10.23 (PQ) ,then this obligation is void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, That: 1. It shall be a condition precedent to any right of recovery hereunder, that in event of any default on the part of the Principal, a written statement of the particular facts of such default shall be forwarded to the Surety, within sixty (60) days of the occurrence of such default, delivered by registered mail to Surety at its Home Office in Plymouth Meeting, PA. 2. That no action, lawsuit or proceeding shall be had or maintained against the Surety on this Bond unless the same be filed and properly served upon the Surety within one year from the effective date of the cancellation of the Bond. 3. That no right of action shall accrue under this Bond to or for the use of a person or entity other than the Obligee, and its successors and assigns. A. This Bond shall become effective 8/78/2008 5. This Bond shall continue in full force and effect until canceled by the Surety by providing thirty (30) days written notice to the Obligee. 6. The liability of the Surety shall in no event exceed the aggregate penal sum of the Bond penalty. 7. If any conflict or inconsistency exists between the Surety's obligation or undertakings as described in the Bond and as described in the underlying document, then the terms of the Bond shall prevail. 8. This Bond shall not bind the Surety unless the Bond is accepted by the Obligee. The acknowledgment and acceptance of such Bond is demonstrated by signing where indicated below. If this obligation is not accepted by way of signature of the obligee below, this Bond shall be deemed null and void. IN WITNESS WHEREOF, The said Principal and Surety have signed and sealed this instrument on this lath day of August 200e T-MOBILE SOUTH LLC By: Name/Ttlle Liberty Mutual Insurance Company By: Marina Tapia Attorney -in -Fact The above terms and conditions of this bond have been reviewed and accepted by the Town of Acknowledged and Accepted by: By: (Title) Dated: Return to: Liberty Mutual Insurance Company One Front Street Suite 1925 San Francisco, CA 94111 Obligee