Backup Documents 01/23/2018 Item #16A10 16A10
MEMORANDUM
DATE: April 12, 2018
TO: Trish Morgan, Supervisor, Clerk to the Board
FROM: Alicia Humphries, Senior Site Plans Reviewer
Growth Management, Development Review
RE: Mobilitie (MI90XSEZZA/9FLB003702) Right of Way Permit
PRROW2017083382101
Performance Agreement and Performance Bond No. 1063925
Attached please find the Right of Way Performance Agreement and Performance Bond No.
1063925 for the above referenced project for your safekeeping.
If you have any questions, please call me at 252-2326.
Attachment
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WIRELESS FACILITIES ON WIRELESS SUPPORT STRUCTURES IN COUNTY RIGHT OF WAY
PERFORMANCE AGREEMENT
THIS WIRELESS FACILITIES ON WIRELESS SUPPORT STUCTURES IN COUNTY
RIGHT OF WAY PERFORMANCE AGREEMENT entered into this ZII_ day of March,
2018, between Mobilitie, LLC hereinafter referred to as "Provider," and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
WHEREAS,Provider has applied to locate Wireless Facilities on Wireless Support Structures
in accordance with the Collier County Code of Laws and Ordinances, including but not limited to
Ordinance 2017-27 and the Construction Standards Handbook for Work within the Public Right-
of- Way Collier County, Florida (collectively, the "Right-of-Way Use Regulations");and
WHEREAS, Ordinance 2017-27 requires Provider to post appropriate performance
guarantees to ensure compliance with the Right-of-Way Use Regulations,to protect against any
damage or abandonment of facilities that may take place within rights-of-way and easements
and compliance with the terms of Right-of-Way Permit No. PRROW2017083382101.
NOW, THEREFORE, in consideration of the foregoing promises and mutual covenants
hereinafter set forth, Provider and the Board do hereby covenant and agree as follows:
1. Provider agrees to comply with the Right-of-Way Use Regulations.
2. Provider herewith tenders its right-of-way use performance security (attached
hereto as Exhibit "A" and by reference made a part hereof) in the amount of
$ 15,000.00.
3. In the event of default by the Provider or failure of Provider to comply with the
Right-of-Way Use Regulations and torestore Right-of-Way upon abandonment of
the facilities or termination of useofthe facilities within the time required by the Right-
of-Way Use Regulations, Collier County, may call upon the right-of-way
performance security to ensure satisfactory removal and restoration of the Right-
of-Way.
4. The Right-of-Way restoration shall not be considered complete until Provider
notifies the County that the Right-of-Way restoration is complete and the Right-of-
Way is inspected and approved by the County Manager or designee for
compliance with the Right-of-Way Use Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Provider in writing that the Right-of-Way restoration is complete,
either: a) notify Provider in writing of his approval of the Right-of-Way restoration;
or b)notify Provider in writing of his refusal to approve the Right-of-Way restoration,
therewith specifying those conditions which Provider must fulfill in order to obtain
the County Manager's approval of the Right-of-Wayrestoration.
6. In the event Provider shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the Right-of-Way Use performance security to secure satisfactory
restoration, repair and maintenance of the Right-of-Way. The Board shall have the
right to remove abandoned facilities or facilities deemed unsafe, pursuant to the
Page 1 of 2
6Ai0
terms set forth in Ordinance No. 2017-27 and restore the right-of-way or cause
to be restored, pursuant to public advertisement and receipt and acceptance of
bids. The Provider, as principal under the right-of-way use performance security,
shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages, either direct
or consequential,which the Board may sustain on account of the failure of Provider
to fulfill all of the provisions of this Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Provider and the respective successors and assigns of Provider.
IN WITNESS WHEREOF, the Board and Provider have caused this Agreement to
be executed by their duly authorized representatives this V1 day of March, 2018.
SI NED IN THE 'R SENCE OF: MOBILITIE, LLC
cAO 1( By:
• Printed Name
S a, Le jes Printed Name/Title
DADA 6
Printed Name„...,
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF COLLIER COUNTY, FLORIDA /. /[Z
DWIGHT E. BROCK, CLERK 144-1/Ala "
By: 916rIV.----
As designee of the
By: County Manager
Deputy Clerk Pursuant to Resolution
Approved as to form and legality: No. 2017-110
cr-
Scott A. Stone
Assistant County Attorney
Page 2 of 2
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Site ID: MI9OXSEZZA/9FLB003702 Bond No. 1063925
EXHIBIT "A"
PERFORMANCE BOND FOR WIRELESS FACILITIES ON COUNTY OWNED UTILITY POLES
KNOW ALL PERSONS BY THESE PRESENTS: that
Mobilitie, LLC- 660 Newport Center Drive, Suite 200, Newport Beach, CA 92660
(NAME OF PROVIDER)
(ADDRESS OF PROVIDER)
(hereinafter referred to as "Provider") and
The Hanover Insurance Company - 440 Lincoln Street,Worcester, MA 01653-(602) 732-6204
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Fifteen Thousand Dollars
($ 15,000.00 ) in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular
or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has received
approval to locate wireless facilities on County owned Utility Poles and that approval includes
specific improvements which are required by Collier County Ordinances and Resolutions, and
Right-of-Way Permit No. PRROW2017083382101(hereinafter "Right-of-Way Use Regulations").
This obligation of the Surety shall commence on the date this Bond is executed and shall continue
until Provider has removed all facilities from the County Right-of-Way and restored the County
Right-of-Way to its prior condition in accordance with the requirements of Ordinance No. 2017-
27 and the date of satisfactory final inspection by the County of the Right-of-Way
described in the Right-of-Way Permit pursuant to the Right-of-Way Use Regulations (hereinafter
the "Guaranty Period") or until replaced by a new bond in the event of a change in Ownership.
NOW, THEREFORE, if the Provider shall well, truly and faithfully perform its obligations
and duties in accordance with the Right-of-Way Use Regulations during the guaranty period
established by the County, and the Provider shall satisfy all claims and demands incurred and
shall fully indemnify and save harmless the County from and against all costs and damages which
it may suffer by reason of Provider's failure to do so, and shall reimburse and repay the County
all outlay and expense which the County may incur in making good any default, then this obligation
shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and
agrees that no change, extension of time, alteration, addition or deletion to the proposed specific
improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice
of any such change, extension of time, alteration, addition or deletion to the proposed specific
Right-of-Way Use.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed
amended automatically and immediately, without formal and separate amendments hereto, so as
16A10
EXHIBIT"A"
to bind the Provider and the Surety to the full and faithful performance in accordance with the
Right-of-Way Use Regulations. The term"Amendment,"wherever used in this Bond, and whether
referring to this Bond, or other documents shall include any alteration, addition or modification of
any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this 22nd day of March , 20 18
WITNESSES: (Provider Name and Title if Corporation)
Mobilitie, LLC
By:
Printed Name �ShG; Printed Name/Title C've j Lo C n 1\;1-;('4rttvr l lit
Ft-c e
(Provide Proper Evidence of Authority)
Pr' ed Name j IIA 0-1
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF
COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED _ AS
IDENTIFICATION.
Notary Public- State of
(SEAL)
Printed Name
WITNESSES: (Surety Name and Title if Corporation)
The Han) r Insurance Company
By:
Printed Name Susan Pugh Printed Name/Tit aniel Huckabay, Attorney-in-Fact
(Provide Prop Evidence of Authority)
Printed Nan'le Adrian Benkert-Langrell
ACKNOWLEDGEMENT
16A10
EXHIBIT "A"
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF 20 BY(NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public - State of
(SEAL)
Printed Name
16A10
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On March 22, 2018 before me, Adrian Benkert-Langrell, Notary Public
(insert name and title of the officer)
personally appeared Daniel Huckabay
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. ADRIAN BENKERT-LANGRELL
COMM.#2214263 N
Vii':' - Notary Public-California r
.4o ORANGE COUNTY u.
My Comm.Expires Sep 15,2021
Signature / (Seal)
Adrian Benkert-Langrell
16A10
Bond No. 1063925
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in
the manner and to the extent herein stated.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations
organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a
corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company")does
hereby constitute and appoint,
Daniel Huckabay,Arturo Ayala, Dwight Reilly, Drew Ebright,Andrew Waterbury, Michael Castaneda and/or Shaunna
Rozelle Ostrom
Of Commercial Surety Bond&Insurance Agency Inc.,of Orange,CA each individually, if there be more than one named,as its true
and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place
within the United States,any and all surety bonds, recognizances,undertakings,or other surety obligations.The execution of such surety
bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if
they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided
however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the
manner stated and to the extent of any limitation stated below:
Any such obligations in the United States, not to exceed Twenty Five Million and No/100($25,000,000) in any single
instance
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said
Company, and said Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and
empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety,
any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to
attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they
had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted
and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the
same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.
(Adopted October 7, 1981 —The Hanover Insurance Company;Adopted April 14, 1982—Massachusetts Bay Insurance Company;Adopted
September 7,2001 —Citizens Insurance Company of America)
IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by
two Vice Presidents, this 30th day of November, 2016.
THE HANOVER INSURANCE COMPANY
7 �,.kj MASSACHUSETTS BAY INSURANCE COMPANY
::: M: i
OF AMERICA
THE HANOVER INSURANCE COMPANY
MASA HUSETT BAY' R CE COMPANY
CIT EN 1 SU-. CE OF AMERICA
THE COMMONWEALTH OF MASSACHUSETTS ) :r,
COUNTY OF WORCESTER )SS. J �h=SI-ate.Vice-es
On this 30th day of November, 2016 before me came the above named Vice Presidents •f The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and
officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover
Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the
said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of
said Corporations.
OIAME J. MARINO qJ
Naw PmE DI,' i M.,1-11) U
n
.
LI! W C�oeamion Eons ohne J _u,.Nelnly Public
YI}Cunvnlsaun Expire,A1unh S.2022
I,the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued
by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 22nd day of March ,2018
CERTIFIED COPY
Theodore V Martinez,Vice President,
16A10
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
. the individual who signed the document to which this certificate is attached,and not 1
the truthfulness,accuracy,or validity of that document.
State of California )
County of . Dry _ - )
On J/al L before me, N-a-etbiz—te- 6__ez
n (here nsert narre a i r., r
personally appeared ! '5-1S7-1
•
who proved to me on the basis of satisfactory evidence to be the persons)whose names is/axe subscribed to
the within instrument and acknowledged to me that he/.sine' ey executed the same in his/herftheils
authorized capacity(ies), and that by his/-Prertth-eir signature(') on the instrument the person(s), or the entity
upon behalf of which the person(t)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct. • MACKENLIE GEE
#2151 196 z
•
:�>��,c COMM.
o a;:`=-� Notary Public California o
WITNESS myhand and official seal. Orange County
Z '. r.29,2020
I,a,, . My Comm.Expires AP.
Signature //i�/% ��j�
(Seal)
•
Optional Information
Although the information in this section is not required by law, t could prevent fraudulent removal and reattachment of this acknowledgme-it to an
unauthorized document and may prove useful to persons reiytng on the attached document.
Description of Attached Document
Additional Information
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of Proved to me on the basis of satisfactory evidence:
form(s)of!dentfi(ation crecible v✓:tnesses)
Notarial event is detailed in notary journal on:
containing pages, and dated Page# Entry k
The signer(s) capacity or authority is/are as: Notary contact:
Individual(s) Other
Attorney-in-fact 1 Add.tiona!,ignerrs) ; ;gner(s)Thumbprir.t(s)
Corporate Officer(s)
Ttlen .
Guardian/Conservator
Partner Limited/General
Trustee(s)
Other:
representing:
P.dt'e L o'Pe- n(s) i 'rtyws:',saner:s PepresPnnn.7
,r,yn 1' 20; LOIS'dSF3r; .,ca'y Inr PC Pr X140:,Lie :loires.A.5031• 0507 All R;gnt,Rr,N'.-•;1 Itr:.i l4urn,, •1',:"-. you•A:'h>r.z,.'o Revel e't nur-ha e ropa. ,hr;•,,•tr