2004 Bond-Existing.pdfBond Number: 09078825
Facilities Lease Performance Bond
KNOW ALL MEN BY THESE PRESENTS, That we New Cingular Wireless PCS, LLC 16621 NE 72"-
Way RTC3, Redmond, WA 98012 as Principal, and Fidelity and Deposit Company of Maryland
incorporated under the laws of the State of Ma[yland with its Home Office in Schaumburg, IL as Surety,
are held and firmly bound unto the City of Edmonds, 121 5th Avenue North, Edmonds, WA 98020, as
Obligee, in penal sum of Fifty Nine Thousand Five Hundred Ninety -Three and 20/100 Dollars
($59,593.2m lawful money of the United States, for which payment, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, Principal has entered into a Facilities Lease for the construction and maintenance of
a telecommunication facility located at: 8505 Bowdoin Way, Edmonds, AT&T Site No. STTIWASN64,
which Facilities Lease is by reference made a part hereof; and
WHEREAS, said Facilities Lease requires Principal to provide a Performance Bond equal to at
least 100% of the estimated cost of removing the Principal's telecommunications equipment and
facilities and restoring the City -owned property to its pre -construction condition.
WHEREAS, said Performance Bond must be maintained by Principal until such
telecommunications equipment and facilities are removed.
WHERAS, the purpose of this Performance Bond is to guarantee removal of partially -completed
and/or non -conforming telecommunications facilities and to fully restore the City -owned property to its
pre -construction condition.
NOW, THEREFORE, the undersigned Principal and Surety, a corporation authorized to transact
surety business in the State of Washington, hereinafter referred to as "the Surety", agree and bind
themselves, their heirs, executors, administrators and assigns, unto the City in the sum of $59,593.20,
lawful money of the United States, according to the following terms and conditions:
1) The Principal and Surety warrant all work, installation, improvements, construction, repair,
relocation or maintenance authorized by the Facilities Lease for a period of I year after
removal.
2) This Performance Bond guarantees removal of partially -completed and/or non -conforming
telecommunications facilities and to fully restore the City -owned property to its pre -
construction condition.
3) This Performance Bond shall remain in effect until I year after such telecommunications
equipment and facilities are removed.
4) If the Principal does not complete all work described above then the Surety shall, upon the
demand of the City, remit to the City within.th,ir-ty days of receipt of said demand the
amount of this bond orsuch lesseramount as may be specified in the demand.
Bond Number: 09078825
5) In the event the Principal fails to perform as described above the City, its employees and
agents shall have the right at their sole election to enter onto said property described above
for the purpose of completing the improvements. This provision shall not be construed as
creating an obligation on the part of the City or its representatives to complete such
improvements.
6) In the event any lawsuit is instituted by the City of Edmonds, the Principal or the Surety to
enforce the terms of this Performance Bond or to determine the rights of any party
hereunder, the prevailing party in such litigation shall be entitled to recover from the losing
party its costs, including reasonable attorneys' fees, incurred as a result of such lawsuit.
Signed, Sealed and Dated this 17th day of April, 2012.
New Cingular Wireless PCS, LLC
By AT&T Mobility Corporation its manager
Fidelity and Deposit Compiny of Maryland
a umva�'Ao
Heidi A. Notheisen, Attorney-! n-Fact
ACKNOWLEDGMENT BY SURETY
S'FA7f E
OF Missouri
City of St. Louis ss.
Oil this 17th
day of April j 2012
appear
, ed Heidi A. Notheisen
'Fidelity and Deposit Company of Maryland
, before me personally
, known to me to be die Attonicy-iii-Fact of'
, die corporation
diat executed die widlill iiisti-umciit,;iii(l;tckiiowledgc(I to me diat such corporation execute(] die same.
IN WrrNESS WHEREOF, I have hereunto set my hatid wid drixed my official. scal, at my office in die aforcsaiid
County, die day alid year in this certificate first above written.
My Commission Expires: 01/18/2013
(Seal)
SANDRA L. HAM
Not' Public -Notary Seal
SME OF MISSOURI
St. Louis Coun
IN C(nmission ExOres onlan. 18,2013
Commssion #09450177
S.uldra L. Ham
Noutry Public in die State of Missouri
County of St. Louis
S-0230/GEEF 2/98
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d ereby norninate,
constitute and appoint Pamela A. BEELMAN, Cynthia L. CHOREN nn R. FRANK, Karen
L. ROIDER, Debra C. SCHNEIDER and Sandra L. HA Is c and lawful agent
and Attorney -in -Fact, to make, execute, sea] and del as its act and deed: any and all
bonds and undertakings, and the exec ti s 0 e ance of these presents, shall be as
bindin 'g upon said Company, as 0 1 0 s s, as if they had been duly executed and
acknowledged by t"t[kl t o c y at its office in Baltimore, Md., in their own proper persons.
es
This power of attorxW es t of Pamela A. BEELMAN, Cynthia L. HANAK, Heidi A. NOTHEISEN,
JoAnn R. FRANK, I ebra C. SCHNEIDER, Sandra L. HAM, dated December 12,2007.
The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Sea] of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December,
A.D. 2009.
ATTEST:
State of Maryland ss:
City of Baltimore I
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'14 �a '-� A4jv
Gerald F. Haley Assistant Secretary
By. ------ P-10
Frank E. Mai -tin Jr. Vice President
On this 3rd day of December, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the some, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
N
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2015
POA-F 079-0626
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgagres,—and to affix the seal of the Company thereto."
CERTIFICATE
1, the undersigned, Assistant Secretary of 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
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
0 C,
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the R6th 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 of any power of attorney issued by the Company, shall be valid and
C.
binding upon the Company with the same force and effect as though manually affixed."
a
IN TBSTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 17th day of April . 2012
9, C _ X), / �rl �
Assistant Secreta)y