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HomeMy WebLinkAboutLETTER-POWER OF ATTORNEYµ, Bond No. CMS268639 RLI Insurance Company Tower Removal Bond KNOW ALL MEN BY THESE PRESENTS: That Verizon Wireless Personal Communications LP d/b/a Verizon Wireless 14055 Riveredge Drive Suite 600 Tampa FL 33637 (hereinafter called the Principal), and RLI Insurance Company (hereinafter called the Surety), a corporation duly organized under the laws of the State of IL are held and firmly bound unto Saint Lucie Countv Planning & Development Services 2300 Vii:Vinia 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 issued the Principal a special use permit related to 62006 ATC Strazulla Cell Site and as a requirement of such permit the Principal is obligated to remove the telecommunication equipment from property located at 13698 Indrio Road, Fort Pierce, FL; PermitCUP 1208-0349 upon discontinuance of service. WHEREAS, the Obligee has agreed to accept this bond as security for performance of Principal's obligations under said 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 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 not termination of this bond by Surety, not 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. 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. 7. 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. 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: RLI Insurance Company Attn: Jim Flavion 101 Bradford Road, Ste 200 Wexford, PA 15090 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 25th day of October 2012. Verizon Wireless Persg44 RLI Insurance Company Verizon P' By: � By: Hans I u enegger Area Vice President Network STATE OF NORTH CAROLINA) M11 COUNTY OF MECKLENBURG) i The foregoing instrument was acknowledged before me this � rl day of �ir1u`QmUk ' , 2012, by Hans F. Leutenegger, Area Vice President Network, of VERIZON WIRELESS PERSONAL COMMUNICATIONS LP, a Delaware limited partnership d/b/a VERIZON WIRELESS, on behalf of said limited partnership. He is ersonally known 'e or has produced Notary Public, North Carolina County of Mecklenburg LYNNE CARLISLE MY Commission_ Expires 1\4arch 20, 2016 as identification. Public of Notary Printed: My commission expires: (NOTARY SEAL) I CORPORATE FORM OF ACKNOWLEDGEMENT District of Columbia: ss On the 25"' day of October, 20 12, , before me came Menuel Jones to me known, who being by me duly sworn, did depose and say that (s)he resides at 1401 H Street NW, Ste 750 Washington, D.C.; that (s)he is the Attorney -in- Fact of RLI Insurance Company, the corporation described in and who executed the above (attached) instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; and that it was so affixed by order of the Board of Directors of said corporation and that (s)he signed his/her name thereto by like order. o: mod, ..... ®g o k.•4��,p p..®MY .l C = � COR9MISSION - ' EXPIRES ; w J 5/14/2016 �fC :.........•®�A OF C 111110'* Notary: Elvia E. Foil My Commission expires: May 14, 2016 0 ,r ro RLI Surety RLI P.O. Box 3967 1 Peoria, IL 61612-3967 Phone: (800)645-2402 1 Fax: (309)689-2036 wo,w.rlicorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Erin M. Mareelis Menuel Jones Myrna L. Smith Elvin E. Foil Jeffrey Tyler Christine Hession jointly or severally in the City of Washington , State of District of Columbia its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 4th day of June , 2012 OOWPOggTF SEAL State of Illinois SS County of Peoria On this 4th day of June 2012 , before me, a Notary Public, personally appeared Roy C. Die , who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RM Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Jacque ' e M. Bockler Notary Public a.t3i "OFFICIAL SEAL" mwr JACOUELINE M.90CKLER erAnE COMM6$ION FXPIFES 03/01/14 0842055020212 RLI Insurance Company By, Roy C. Di Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RI.I Insurance Company thisSSMdayof 0C11Z0A%2—, 'LAI' RLI Insurance Company By: Roy C. Di Vice President ) - A0058707