§ 27-15. Performance bond.

(a)

At the time of registration under this chapter, the registrant shall be required to obtain, pay for, and file with the county a performance bond. The performance bond shall serve to guarantee proper performance under the requirements of any permits, timeliness and quality of the construction and restoration of the county's public rights-of-way after the initial build and after any routine or emergency maintenance, proper maintenance of the communications facility, and all requirements, duties and obligations imposed upon the registrant by the provisions of this chapter, including but not limited to guaranteeing the actions required upon the abandonment of communication facilities. The performance bond must name the county as obligee and be in the face amount of $250,000.00 conditioned upon the full and faithful compliance by the registrant with all requirements, duties, and obligations imposed by the provisions of this chapter during and through completion of the placement or maintenance project. The performance bond shall be in a form acceptable to the county attorney and must be issued by a surety having an A.M. Best A-VII rating or better and duly authorized to do business in the State of Florida.

(b)

The performance bond shall be maintained until the later of (1) the effective date of transfer, sale or assignment by the communications services provider, communications facility provider, or pass-through provider of all its communications facilities in the public rights-of-way; (2) twelve months after the removal or abandonment by the communications services provider, communications facility provider, or pass-through provider of all of its communications facilities in the public rights-of-way; or (3) six months after the termination of registration, including any appeals undertaken, pursuant to section 27-11.

(c)

The county's requirement of a performance bond is not in lieu of any additional bonds that may be required under this chapter or through the permitting process. The county's right to recover under the performance bond shall be in addition to all other rights of the county, whether reserved in this chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the performance bond will affect or preclude any other right the county may have. Any proceeds recovered under the performance bond may be used to reimburse the county for such additional expenses as may be incurred by the county as a result of the failure of the registrant to comply with the responsibilities imposed by this chapter, including, but not limited to, attorney's fees and costs of any action or proceeding, and the cost of removal or abandonment of any property.

(Ord. No. 17-51, § 3, 12-12-17)