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HomeMy WebLinkAboutPERFORMANCE BOND 3-13-14PERFORMANCE BOND Bond Number: 106070420 Site Number: A2P0322M KNOW ALL BY THESE PRESENTS, That we MetroPCS Florida LLC, 1300 Concord Terrace, Ste. 200, Sunrise, FL 33323, as Principal, hereinafter called Principal, and Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 06183, a(n) Connecticut corporation, as Surety, hereinafter called Surety, are held and firmly bound unto St. Lucie County Planning & Development Services, Building Division 2300 Virginia Ave. Fort Pierce FL 34982, as Obligee, hereinafter called Obligee, in the amount of Five Thousand and No/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 obtained or is desirous of obtaining a License or Permit from St. Lucie County, FL for the telecommunications facility located at 10410 S. Ocean Drive, Jensne Beach, FL 34957, and WHEREAS, as a condition of said License or Permit Principal is required to provide a Bond guaranteeing the removal of antenna, antenna array, or tower that has been determined to be abandoned at said location. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if Principal shall remove antenna antenna arraV, or tower that has been determined to be abandoned in accordance with said License or Permit, then this obligation is void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, That: 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 located at: One Tower Square, Hartford, CT 06183. 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. 4. This Bond shall become effective March 13, 2014. 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. IN WITNESS WHEREOF, The said Principal and Surety have signed and sealed this instrument on this 13th day of March, 2014. MetroPCS Florida LLC Princip Pamela J. Coo Director, Technology Property Management Travelers Casualty and Surety Company of America By: �A N V \, V55 wV V 1ww1 Laura M. Buhrmester, Attorney -in -Fact F �] AM POWER OF ATTORNEY TRAVELERS] I Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227707 Certificate No. 005817692 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Patrick T. Pribyl, Debra J. Scarborough, Christy M. McCart, Mary T. Flanigan, Ronald J. Lockton, Claudia Maintain, Jeffrey C. Carey, Kathy L. Fagan, Charles R. Teter III, Laura M. Buhrmeste4 Charissa D. Lecuyer, Evan D. Sizemore, David M. Lockton, Rebecca S. Gross, Larissa Smith, and Wendy A. Casey of the City of Kansas City , State of Missouri , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizaaces, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 28th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pI.64.AA PE6 �A,N IXSG J'J INSUA �i9 ANOP WA IY P n MateteRXaa G' �itonvonn>e;rfgPvoaarf n! 9 i y.�m Tn 19at o y977 el iz: xNnnrN. avmaanp, b E 4 g; t9rJ1 ,at, �''SBRL'31 cglN. $ ��Ca1X�7 N 1898 AIM State of Connecticut City of Hartford as. By: A" Rohen L. Raney, Vai., Vice President On this the 28th day of February 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET In Witness Whereof, I hereunto set my hand and official seal. " �' W wA 0 . My Commission expires the 30th day of June, 2016. AiJBLIG $ Made C. Tearaull, Notay Public 58440-8-12 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by aSecretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Pact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine hrsurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. MAR 1 3 2014 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of - , 20 Kevin Hughe�istan� tary ...... "p$it��' 6 �x9 IMSG .I�NS4q\ tY N/yt. ��gj' ?(ypyOgll�,Mm, (-., 9 P ��...e yy41Y�N9 4 V'.(1}R Y MC9Aa1MLFagOPOo.PAIf,[�ialAO v tsez o 1977 [m,mmwrn, b�19$1 n °n.SEALJ�o a\. SALa3 ;,O $' �t' R u: 1896a o1 .nt Ts o'ue"PJ ;"Rt ls.. Awl rs... ,....^a $ �Y+ Y Y. �Ap NI To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelenbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. OF ATTORNEY IS INVALID WITHOUT THE RED BORDER