Resolution 2019-218 RESOLUTION NO. 19- 21 g
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA ESTABLISHING A TEMPLATE
CONSTRUCTION BOND FOR THE
RESTORATION OF COUNTY RIGHTS-OF-WAY
ASSOCIATED WITH THE INSTALLATION OF
SMALL WIRELESS FACILITIES ON COUNTY
UTILITY POLES AND THE ANCILLARY USE
OF THE COUNTY RIGHT-OF-WAY, AND
REPEALING RESOLUTION 2017-110.
WHEREAS, Collier County Resolution No. 2017-110 established a template
Performance Bond Agreement and Performance Bond for the collocation of small
wireless facilities on County utility poles and the ancillary use of the County Right-of-
Way; and
WHEREAS, in 2019, the Florida Legislature enacted Senate Bill 1000, amending
Section 337.401, Florida Statues, and
WHEREAS, Section 337.401, Florida Statutes, no longer authorizes local
governments to require a performance bond for collocation of small wireless facilities on
utility poles in public rights-of-way. Instead, local governments are now authorized to
require a construction bond for right-of-way restoration; and
WHEREAS, the Board wishes to approve a Construction Bond template, as
depicted in"Exhibit A" attached hereto; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
1. This Resolution shall repeal Resolution 2017-110.
2. The Board hereby approves the template Construction Bond, as attached hereto as
"Exhibit A."
BE IT FURTHER RESOLVED that this Resolution is recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote favoring same,
this , _+" day of ;J , 2019.
DATE: NQ ' (5 i P( BOARD OF COUNTY COMMISSIONERS
ATTEST: ^. COLLIER CO4.,. ORIDA
CRYSTAL K, KINZEL CLERK
0,40 r, ILL- ...-r ► By. _. 00e) r�- �.
' st as t0-Chairman's De to y C1-rk Wi1F/m L. McDaniel, Jr., Chai an
signature g re only,
ApprovedPs to form and legality:
Sally a A ar
Assistant County Attorney
CONSTRUCTION BOND
KNOWN BY ALL PERSONS BY THESE PRESENTS that:
(NAME OF PRINCIPAL)
(ADDRESS/TELEPHONE NUMBER OF PRINCIPAL)
(hereinafter referred to as "Principal") and
(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
Dollars. ($ ) 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. Principal and Surety are used for singular or plural, as context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, as part of Right-of-Way
Permit No. , the Principal has received approval to locate wireless facilities on
County owned Utility Poles and that approval includes specifications and obligations which are
required by Collier County Ordinances and Resolutions and the Right-of-Way Permit. This
obligation of the Surety shall commence on the date this Bond is executed and shall continue until
18 months after the construction associated with Right-of-Way Permit No. is
completed.
NOW THEREFORE, the condition of this obligation is such that the Principal is obligated
to provide this Bond in order to secure restoration of the postconstruction County rights-of-way
and easements to preconstruction condition.
IN WITNESS WHEREOF, the parties hereto have caused this Construction Bond to be
executed this day of .
WITNESSES: (Principal Name and Title if Corporation)
By:
Printed Name
Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING CONSTRUCTION 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)
By:
Printed Name
Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGMENT
STATE OF
COUNTY OF
THE FOREGOING CONSTRUCTION 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