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HomeMy WebLinkAboutREMOVAL BONDTOWER / STRUCTURE / EQUIPMENT REMOVAL BOND l�I%- ©L{� Location of tower/structure/equipment: SCANNED 3301 Orange Ave, Fort Pierce, FL BY Site ID: FP12 St. Lucie County FA# 10070076 Bond Number: 09109225 KNOW ALL MEN BY THESE PRESENTS THAT New Cingular Wireless PCS, 5201 S. 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, 2300 Virginia Ave, Fort 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 10th day of January, 2013. New Cingular Wireless PCS, LLC Principal: By AT&T Mobility Corporation its manager / By: Surety: Fidelity �and ,(Deposit Compa y of Maryland Heidi A. Notheisen, Attorney -in -Fact FL Lic #P040504 ACKNOWLEDGMENT BY SURETY STATE OF Missouri } City of St. Louis ss. On this 10th day of January , 9011 , before me personally appeared Heidi A Nothei cen , lahowu, to me to he die Attorney-i i-Fact of Fidelity and Deposit Company of Maryland , the corporation that executed die within instrument, and acknowledged to me that such corporation executed the same. IN WrFNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year uh this certificate first above written. My Comnussion Expires: July 18, 2016 (Seal) XM-CYL.•JOHMON Notary Public - Notary Seal State of fdissoud Ca:rm,ssloned far St Cbades County ^Viy Ca^mission Expires: duly 18, 2016 Commission Number: 12383080 5-02301GEEF Me I.�iAffi! ���� Nancy L. Johnson Notary Public nh the State of Missouri Cowhty of St. Charles ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the Slate of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the Stare of Maryland (herein collectively called the "Companies"). by GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V. Section 8. of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate. constitute, and appoint Pamela A. BEELMAN, Cynthia L. CHOREN, Heidi A. NOTHEISEN, JoAnn R. FRANK, Karen L. ROIDER, Debra C. SCHNEIDER and Sandra L. HAM, all of SL Louis, Missouri, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety. and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes• as if they had been duly executed and acknowledged by the regularlyelected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL 'AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. Maryland.. in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. W WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seats of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16111 day of October. A.D. 2012. ATTEST: BY: Assistant Secretory Gregory E. Murray ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0—i- µi(ke.".),9j, ' U: 1iBel �i Vire President Geoffrey De(isio i State of Maryland City of Baltimore On this 16th day of October. A.D. 2012, before die subscriber. a Notary Public of the State of Maryland. duly commissioned and qualified, GEOFFREY DELISIO, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of sane. and being by me duly sworn, deposelh and saith. that he/she is the said officer of the Company aforesaid, and that the scans affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer wem duly affixed and subscribed to the said insuuntem by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year fiat above written. 'o n.... .�. Maria D. Adamski. Notary Public My Commission Expires: July 8. 2015 POA-F 079-0626B EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 8, Attomevs-in-Fact The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies. recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any time.•• CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and 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 Article V. Section 8, of the By -Laws of the Companies is still in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the•auesting signature of a Secretary'oran Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May. 1994. and 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 10th 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 or 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 seals of the said Companies. this 10t1aay of _January .20 11. v visor. Mr�4�''; Thomas 0. McClellan, Vice President