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HomeMy WebLinkAboutAPPROVED, BondBond No. K09342722 Tower Removal Bond KNOW ALL MEN BY THESE PRESENTS: That Cellco Partnership d/b/a Verizon Wireless. One Verizon Way, Mail stop 4AW100, Basking Ridge, NJ 07920 (hereinafter called the Principal), and Westchester. Fire Insurance Company (hereinafter called the Surety), a corporation duly organized under the laws of the State of Pennsylvania are held and firmly bound unto the St. Lucie County FL, 2300 Virginia Avenue, Fort Pierce, FL 34982 (hereinafter called the Obligee), in the full and just sum of Five Thousand and 00/100 Dollars (5 000.00), the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Obligee has granted or is about to grant a permit related to Telecommunications Facility and as a requirement of such permit the Principal is obligated to remove the Telecommunications equipment and facilities from property identified as Site Name: Sands on the Beach/68770 located at 3100 North State Road, AM Ft. Pierce, FL 34949• Location code- 280707 upon discontinuance of service. WHEREAS, the Obligee has agreed to accept this bond as security for performance of Principal's obligations under said agreement or permit during the time period this bond remains in effect. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall perform its obligations under said agreement or permit as stipulated above, then this obligation shall be void, otherwise to remain in full force and effect, unless otherwise cancelled as hereinafter provided. PROVIDED HOWEVER, that this bond is executed subject to the following express provisions and conditions: 1. In the event of default by the Principal, Obligee shall deliver to Surety a written statement of the details of such default within 30 days after the Obligee shall learn of the same, such notice to be delivered by certified mail to address of said Surety as stated herein. 2. This bond may be terminated or canceled by surety by giving not less than sixty (60) days written notice to the Obligee, stating therein the effective date of such termination or cancellation. Such notice shall not limit or terminate any obligations resulting from default by the Principal that may have accrued under this bond as a result of default by Principal prior to the effective date of such termination. 3. Neither cancellation nor termination of this bond by Surety, nor inability of Principal to file a replacement bond or replacement security for its obligations, shall constitute a loss to the Obligee recoverable under this bond. Bond No. K09342722 4. No claim, action, suit or proceeding shall be instituted against this bond unless same be brought or instituted and process served within one year after termination or cancellation of this bond. 5. No right of action shall accrue on this bond for the use of any person, corporation or entity other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 6. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number of years this bond remains in force or the amount or number of claims brought against this bond. If any conflict or inconsistency exists between the Surety's obligations as described in this bond and as may be described in any underlying agreement, permit, document or contract to which this bond is related, then the terms of this bond shall prevail in all respects. 8. It is expressly understood and agreed that this bond does not cover or guarantee rent or lease payments of any kind. 9. This bond shall not bind the Surety unless the bond is accepted by the Obligee. If the Obligee objects to any language contained herein, within 30 days of the date this bond is signed and sealed by the Surety, Obligee shall return this bond, certified mail or express currier, to the Surety at its address at: Westchester Fire Insurance Company 436 Walnut Street, Philadelphia, PA 19106 215.640.1000 Failure to return the bond as described above shall constitute Obligee's acceptance of the terms and conditions herein. IN WITNESS WHEREOF, the above bounded Principal and Surety have hereunto signed and sealed this bond effective this 17th day of Fe_ b�, 2016 Cellco Partnership d/b/a Verizon Wireless By: Fran/ - Field Engineer Westc ter Fire Insurance Company By Menuel jones,A -in-Fact Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsyl, ania pursuant to the following Resolution, adopted by the Board of Directors of the said Company on December 1 I, 2006, to v, it "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company of bonds, undertelu, gs, roeognhzarims, contracts and other written commnm. Its of the Company entered into the ordinary course of business (each a "Written Commitment") (1) Each of the Chairman, the President and the Vim Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or .,th:rwhse (2) Each duly appointed attorney-m-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the" of the Company or otherwise, to the extent that such action is authorized by the giant of powers provided for in such persons wnttm appointment as such atiomey-m Act (3) Each of the Chapman, the President and the Vice Presidents of the Company is hereby authonmxd, for and on behalf of the Company, to appoint in writing any person the attomey-m-fact of the Company with full power and authonty, to execute, for and on behalfof the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification maybe by general type or class of Wntim Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and Vice Residents of the Company in hereby authorized, for and on behalf of the Company, to delegate in writing any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as am specified in such written delegation, which specifican„ r: may t - by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment •:,r delegation pursuant to this Resolution, and the seal of the Company may be affh ed by faesimdc on such Written Commitment or wnnen appointment or delegation FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of nncem employees and other persons to act for and on behalf of the Company and such Resolution shall not limn or otherwise affect the exercise of any such power or authority otherwise validly granted or vested Does hereby nominate, constitute and appoint Christine Hesston, Elvia E Foil, Menuel Jones, Sanford S Hoffman, all of the City of WASHINGTON, District Of Columbia, each individually if there be more than one named, its true and lawful allomey-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding Five million dollars & zero cents ($5,000,000 00) and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF, the said Stephen M Haney, Vice -President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 28 day of August 2015 WESTCHESTER FIRE INSURANCE COMPANY ih - Slephon M. Haney. Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss On this 28 day of August, AD 2015 before me, a Notary Publw of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M lianey ,Vice -President of the WESTCHESTER FIRE INSURANCE COMPANY tome personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company, that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written y^ w �wy�yr Ai ;F ? c4:t � IIYtsItfr Alfa `r.� boa;• � 4► x ( +U .: 2- KABaI�.lRAIgF,� PWs Vnuiry Putdle I, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy. is in full force and effect Al In witness whereof, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this' day of THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER August 28, 2017 ��4 gaNEITIVe �/� b OocuGard #04546 contains a security pantograph, blue background, heat -sensitive Ink, coin -reactive watermark, and microtext printing on border. %"N NEAT QP