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HomeMy WebLinkAboutPerformance Bond No. 48322 AInount: $300,000. Tenn: 10-1-95 to 10-1-96 RECEIVED Performance Bond MAR ~996 fur N: ~ The Board of County Commissioners of Monroe County Bond NUlllber: 48322 Know all men by these presents: That Bland Disposal Service, Inc. (hereinafter called the Principal), and New York Surety COlllpany a corporation organized and existing under the laws of New York, and duly authorized to conduct and cany on a general surety business in the State of Florida (hereinafter called the Surety), ~re held and firmly bound unto The Board of County COllllllissioners of Monroe County, a Political Subdivision of the State of Florida (hereinafter called the Obligee), in the full and just sum of Three Hundred Thousand Dollars and no/l00-----(**$300,000.OO**) to the payment of which sum, well and truly be made, the Principal and Surety bind themselves, and each of their heirs, administrators, executors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated entered into a contract with the owner for Solid Waste and Recycling Collection Franchise Agreelllent for a period of Five years which contract is hereby referred to and made a part of hereof. WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of one year. Now, therefore, the condition of the above obligation is such, that if the Principal shall well and truly perform each and every obligation in said contract at the time and in the manner specified during the term of this bond, and shall reimburse said Obligee all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void, otherwise to remain in full force an.d effect. PROVIDED, however, That this bond is subject to the following conditions: 1. Tllis bond is for the term beginning October 1, 1995 and ending October 1, 1996. 2. In the event of a default by the Principal in the performance of the contract during the term of this bond, the Surety shall be liable only for the loss to the Obligee due to actual excess costs of p(~rformance which' occurred during the effective period of the bond, up to the maximum penalty of this bond. 3. No claim, action, suit, or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or instituted upon the Surety within two years from termination or expiration of the bond term. 4. Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable under this bond. ~ 5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety. 6. No right of action shall aCCnIe on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed cllld sealed this 1st day of October, 1995. Bland Disposal Service, Inc. By: ~qu~ New York Suret!: Company (]\ By: \ ~ Albert Ella, III Attorney-in-Fact coun0igned: . By: [()~ William F. Comiskey, Jr Florida Resident Agent WlllJam F. Comiskey, Jr., CIC, President Next RIsk MaDagelDent Specialized Insurance, Bonds & Loss Controlfor the Waste Industry 1900 Glades Road. Suite 103 Boca Raton. Florida 33431-7333 Phone: 407-338-0488 Facstm1le: 407-394-7730 INDIVIDUAL ^(~I<NOWLl:DGI~MEN-r State of County of i I On this (Jay 01 ______. 19.___. boloro Ino Ilorsonally carne ______ ..__.__________ to mo known af1d krlown to mo to bo ttlO porson doscritJod in .and wl10 OXOClltod tho forogoing instrurnent. and 110 thereupon (July acl<nowlcdgod to Ino tI~at he CXOClJteeJ tho same. ..---.---- --- -..... --.. ---...- .---- -- ---. --.- -.--- -.. - -- -. -.. Notary r)ublic conF>orV'.fE ()rt FIFlM ACI<NOWI_EOGI::Ml:N"r State of _~ I County of __mdn rg e. On this J.fL day 01 I ( __.' 1 tjl-~, beloro mo personally appeared -tes.i/~ Ifla~________ to me known, who being duly sworn, did depose and say 1tlal 110 residod in tl10 ________ and tllat 110 is the ,or e J/ 01 __J3.1r!:_I1_.~_!2JS-lla2~J__i ('t:.~--'-~ :e__IiJ.!?_______, tho corporation described if1 and wl1icll executed tl10 forogoing instrumel1t; tl1at 110 knew tl1e seal of said corporatiof1: 111at \110 seal affixod \0 sai(J instrument was such corpOrtl\e seal; 1I1at it was affixed by oreJcr of \110 Board of Directors of said Corporation and tl1at 110 signod 11is namo 1110ro1o by like ardor. . cJJj----. ----..---. ---.-.---- Notary Pul)lic sunt:-IY ACI<NOWLEDGEMENT S tat Q 0 f J::lo.r.Ldu____. COli nty 01 Iii 11sborolJgh _.-------,.-.~---- On this ~~ (lay of October . 1U___?~, boloro me Ilorsollally apl)Oared _..___~._.__{\J~~f:1~1~__~!~T~~_..:I:~}_._____.____..,. Wll0 llcing LlY Ino duly sworn. did depose and say tflat he rosidod ifl tho ~__Ta~P!!11~Qf.ig~__.._____._._. and tllat h() is t IlO Attornoy-ill-I= ,let of New York Surety tho Suroty doscriboeJ ifl and Wllich OXOClJtod tllO foroooi.l{J i'lslrlllnont; tll<:lt he know the seal of tllO said Suroty: tflat tho soal allixo(J to said instrument was Isuch SlJrcty seal; tllat il was affixod by or(lar of tho Board of Directors of said Surety, that he signed his nalne ttlereto l)y like , . ~-"7litlill su 51," ~ d D ~ N" . !t~~~~l~ ~:G~EF~~da~ ___~-::L~_{,.,___---~~tl-_._-.- .--:- .--. My Comm. expires Feb. 26.1996 Sharon L. Daugherty N~ary I:) he No. CC183302 New York Surety Company Executive Offices 80 Cutter Mill Road Glreat Neck, NY 11021 All authority hereby conferred, unless revoked earlier, shall expire and terminate, without notice unless used before midnight of December 31, 1995. POWER OF ATTORNEY KNOW ALL MEIN BY THESE PRESENTS: Bond N~ 48322 That New York Surety Company does hereby appoint: Albert Elia, 1111 Margie L. Morris I Evelyn D. Rogers its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowle!dge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said (~ompany and as act and deed of said Company, not to exceed * Five Hundred Thousand >c:x/100 ($500,000.00) Dollars * any single instrument. IN WITNESS V~HEREOF, New York Surety Company has executed these presents this 1st -a Octo~ ~~ ~ --iIL- (' ~ David E. Flatow, President 19 95 STATE OF NEW YO,RK ) COUNTY OF NASSAU ) s.s.: On this ~. day of October ,19~ before me came the above named officer of New York Surety Company of New York, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instru- ment and affixed thl3 seal of said corporation thereto by authority of his office. ELIZABETH A. VASQUEZ NOTARY PUBLIC, State of New No. 41-4968590 Qualified in Nassau County Commission Expires July 2, 1996 THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER. .. CERTIFICATE Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company: March 31, 1987. RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the Presi- dent, or a Vice President of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obhgatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED that the signature and attestation of such officer affixed to any such Power of Attorney must be original in order that the! said Power of Attorney be valid and binding upon this company; the seal of the Company and any certification by the Company's secretary relating to such Power of Attorney may be affixed by facsimile. RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing Resolutions are still in effect and may insert in such certification the date of the certification but that date may not be later than the date of delivery of the certification by the Attorney-in-Fact. I, Diane E. SchriE~ber, Assistant Secretary of New York Surety Company, do hereby certify that the foregoing excerpts of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney issued pursuant thereto, are true. and correct and that both the Resolutions and Powers of Attorney are in full force and effect. IN WITNESS VVHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation this 1 st day of October , 1995. ~o 1 (t {/ ~~k~bg^-- Diane E. Schrieber, Assistant Secretary .. NEW YORK SURETY COMPANY 80 Cutter Mill Road Great Neck, New York 11021 Continuation Certifrate (with ?(ptice of ~ennination) PRINCIPAL: Bland Disposal Services, Inc. Fa Box 2431 Key West, FL 33040 BO\JD NUMBER: 48322 BO\JD AMOUNT: $300,000. OBLIGEE: Monroe County Division of Enviromental Management 5 1 0 0 College Rcaj Key West, FL 33040 THIS CONTINUATION roVERS: FROM: 1 0 - 1 - 9 6 10: 10-1-97 CO?('II?(U9l'II09(; The above-described Bond is hereby continued in force and effect for the period covered by this certificate, subject to the terms, covenants and conditions of such Bond. This continuation shall be deemed to be merely an extension of the time period for which coverage is afforded by the original Bond, and shall not constitute a new or cumulative obligation, regardless of the length of time the Bond (or any extension thereof) has Bond or will be in force or effect, and regardless of how many premiums shall have been paid for the Bond and/or any extensions or continuations thereof (unless specifically provided otherwise by applicable statute or ordinance); provided, nothing herein shall be deemed to increase the limit of liability of such Bond. Accordingly, the aggregate liability of New York Surety Company from the date of issuance of such Bond through the date of the expiration of this continuation certificate (and of any subsequent continuation certificate) shall not exceed the lesser of the limit of liability set forth in such Bond (or any duly executed amendment thereto) or the amount stated above for which liability is hereby continued. 9{aIIC'E 0,1' TE!l(MI9{!lLTI09{; Notice is hereby given pursuant to the terms of the above- described Bond that the period of liability covered thereunder shall terminate upon the expiration of the period covered by this continuation certificate, unless theretofore duly extended in writing. 19{ WIT9{.'ESS Wj{'E!l(W~ New York Surety Company has caused this instrument to be duly executed as of the date set forth below. Vated: SAptAmhAr 1? 1 996 NEW YORK SURElY cotv1PANY BY. (h Albert Elia, III Attorney-in-Fact INCREASE RIDER TO SURETY BOND PURPOSE: INCREASE To be attached to Bond Number Z-616807 issued by Century Surety Company, as Surety in the amount of Three Hundred Thousand and NOll 00 Dollars ($300,,000.00), effective the 1 st day of October, 1997, on behalf of Bland Disposal Services" Inc. in favor of the Monroe County Division of Environmental Management. In consideration of the premium charged for the attached bond, it is mutually understood and agreed by the Principal and the Surety that the bond shall be modified to read as follows: The above said bond amount shall be Four Hundred Thousand and 00/100 Dollars ($400.000,00). All other items, limitations and conditions of said bond except as herein expressly modified shall remain unchanged. Signed, sealed and dated this 7th day of June 1998. Operator: BLAND DISPOSAL SERVICES, INC. By: ~~ (Title) ,~~~'\~J~ (Corporate Seal) Surety: B q~~~~~~i.~:~~1=~<11'11 'riis insurance is issued pursuant to the Florida Surplus ~ncsld'NS. "Persons insured by Surplus lines Carriers do h.:;y's th~ protection of tho Florida Insurance Guaranty " " n1S QX~ent of ~U)y right o't recovery for the obligation of ;..a i H1~olvent unlicensed Insuror." File II: /71 i_ Quarn.r. ~j Q.,.."", "Jm: fJ ~ )l5U-=- Tax: E-,tBrh JJj- -'-,'-~~,Q~-'-~. CENTURY SURETY COMPANY COLUMBUS, OHIO POWER OF ATTORNEY PRINCIPAL Bland Disposal Services, Inc. CONTRACT AMOUNT 400 000. 00 -;'(";'(";'(";'(";'(";'(";'(";'(";'(";'(";'(";'(";'(";'(";'(";'(";'(";'( EFFECTIVE DATE 06/07 /98 AMOUNT OF BOND $ 400,000. 00 -;'n'd(,,;':4f~'(";'(";'n'n'n'(";'(";'(";'(";'( POWER NO. 6 1 7 1 8 7 KNOW ALL MEN BY THESE PRESENTS: That the Century Surety Company, a corporation in the State of Ohio does hereby nominate, constitute and appoint: Daniel J. Needham, Kathy 1. Goe, Jeffery L. Booth, James E. Feldner, Victor D. Thompson, Jill Calfee, Patricia A. Wall, Laurie A. Krokos, Julie K. Thornton, Kathleen P. Price, Travis P. Lattimore and Felicia P. Young its true and lawful Attorney(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the obligation of the Company under this Power of Attorney shall not exceed One Million Dollars ($1,000,000.00). This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 4th day of October, 1988: "RESOL VED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as Attorney(s)-in-fact of such persons, firms, or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certificate by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Century Surety Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized officers this 4th day of October, 1988. On this 4th day of October, 1988, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Roswell P. Ellis and Glenn D. Southwick of the Century Surety Company, to me personally known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set ~J-~.e.ft1xe4..my official seal a~ Columbus, Ohio, the day and year above written. ..~ ~ ~~..... ~~ . lQ ... f/~ r \... · Sue E. DuftIy \. .' . · J NotIry Public S.. ofObio \.~. .. ~/! MyCommissioaexpiraAllplt7, 1999 r~ I '" .. ~ . ",. ...:!..':,It CK.,.1 ..-,- ......f.._.... - I, the undersigned, Secretary of the Century Surety Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth herein above, is now in force. Signed and sealed in Cleveland, Ohio this Notary Public) State of Ohio) ~\\\""'II',IIII'l ,'~ .-,Ulf r" ~'~ # ~ ............ r'O ~ S ~ ....~'OIl4tf)..~.. ~ ::: ~ ...,0 cC'... -0 ~ :::~.,,_.- .7-- i \J ( Sf' "L ) ~ ~ :.. " . --- ~ \ ..~ ~ J ~ , ....pH 10" ~ ~ ........... ~ ~ ~ ~/~ ~\\'~ 1I1""'111"'\\~ SS: State of Ohio ) SS: 7th da~Qf June, ~\\\"""""I.1'1J ,,~ .-,URi: t)- ',~~ # ~ ........ C'o ~ ~ ~ ...~pOR;.... ~ ~ II ~ ..O~~ ,,'''.~ ~ !IiIiii ~ .,..... ~.. --v ~ :: ~ 1"'___ ~ T? -- i cr i Sf" ilL \ Z E = ~ . 1~: ::. \ :.... ~ J ;:: ~ .... ~ 'OHIO ..... ~.. ~ ......... * ~ ~ ~, I ~L .. ,,\..~ k;~COMPANY Roswell P. Ellis, PresideDt ~tY~/ -- Glenn D. Southwick, TreISUIer 1998 ~~~ Anne L. Meyers, Secretary Any reproduction or facsimile of this form is void and invalid PHONE:561 '338 '0488 FACSIMILE:561'394'7730 1 9 0 0 G LAD E S R 0 AD' SUI TE 355 BOCA RATON · FLORIDA · 33431-7333 RECEIVED DEe 8 1997 rm September 25, 1997 ATTN: Leslie & Lynda Bland Bland Disposal Service, Inc. P.O. Box 2431 Key West, FL 33040 Phone: 305-296-8297 Facsimile: 305-296-8175 BY: RE: Requested Bond for Board of County Commissioners of Monroe County Dear Leslie: I have attached the above captioned bond. Below I have summarized the primary components of the bond as a quick review: Effective Date: Expiration Date: Obligee: Bond Amount: Premium Rate: Annual Premium: 10/01/97 10/01/98 Board of County Commissioners of Monroe County $300,000 $25/$1,000 $ 7500 The attached bond must be signed by a company officer in the designated area, prior to forwarding it to the Obligee. A copy of each bond has been provided for your files. Your bonds are provided by Next Risk Management's Exclusive Bond Program, designed specifically for the unique needs of our customers. We look forward to providing you with the absolute best bonding arrangement available anywhere. Sincerely J' ..../1 ,. ( '"/~v~ir- Chrlstina N. Peeno =-==----=:J CENTURY SURETY COMPANY COLUMBUS, OHIO POWER OF ATTORNEY PRINCIPAL Bland Disposal Services, Inc. EFFECTIVE DATE Octobei" 1, 1997 AMOUNT OF BOND $ 300, 000 .J OO'l:-;'~'( POWER NO. 6 1 6 8 0 7 CONTRACT AMOUNT KNOW ALL MEN BY THESE PRESENTS: That the Century Surety Company, a corporation in the State of Ohio does hereby nominate, constitute and appoint: Daniel J. Needham, Kathy J. Goe, Patricia A. Wall, Debra A. Erickson, Kathleen P. Price, Jill Calfee, Jeffery L. Booth, Laurie A. Krokos and Felicia P. Young its true and lawful Attorney(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the obligation of the Company under this Power of Attorney shall not exceed One Million Dollars ($1,000,000.00). This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 4th day of October, 1988: "RESOL VED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as Attomey(s)-in-fact of such persons, finns, or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certificate by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Century Surety Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized officers this 4th day of October, 1988. Notary Public) State of Ohio) SS: ~\\\\'UlIlIllllll ~~'\ ~\RE,~ I'/~ ~ e...v r" ~ '* - l '-;J ........... '-0 ~ ~ ~".. -. ~ ~ ::>~....O~t>>ORAi;.. % ~. :::... : (j .... ~:.......:; ~ziSEAL!z~ -. . ., . . -., __ ~ eo . ""(' -. :; c..>\. .. ~~ ~ -.. ... $i ~ .". OH'O.... ~ ~ .......... ~ ~ ~ ~I'l ~\'~ 111111'nlln\\\\~ ~~COMPANY Roswell P. Ellis, President ~~~ Glenn D. Southwick, Treasurer On this 4th day of October, 1988, before the subscriber, a NotaJy for the State of Ohio, duly commissioned and qualified, personally came Roswell P. Ellis and Glenn D. Southwick of the Century Surety Company, to me personally known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto ~st.mv.bi!P,~ and affixed my official seal at Columbus, Ohio, the day and year above written. ....~\AL.. ....... ~ ~~ ~~.... / If 4 .1 '1 l~ la ~'"'-' c u...c " I ~ \ Sue E. Duffy · ~ r ! NotaJy Public State of Ohio I" .' '. .. . · I My Commission expires August 7, 1999 \. ..,. ~ State of Ohio ) SS: \~~ r -It ~~-~ ,.. I, the undersigned, SecretaJy of the Cenrur; S'nrety ~iHrtcIiI;, a stock corporation of the State of Ohio, 00 HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthennore that the Resolution of the Board of Directors, set forth herein above, is now in force. Signed and sealed in Cleveland, Ohio this 1st dayof October 1997. ~\\\"IU""IJlll a ~--n, ~:~c:,\) RE 1",.. ;,0, #tAU /' ~ ~ ~.. ........... C ~~ Anne L. Meyers, ~ecretaJy (7 ~ <b I," ftII\R ..... q.. ~.. ~ ~!(,Oftr::.. ~~\ % ~; ::z: . .~~ = uJ: SEr X y !:2 ~-.. a (.) \ r1LI ! ""'(' E. ~~"j ~ ~ ~*~. ~\\~ 71111"'"nn\'\~ Any reproduction or facsimile of this fonn is void and invalid ...~..............................................................................................................~.......~ C~n.tu..:ry su...:r~ty CC)rnpa.n.y General Performance Bond Bond No: Z 616807 .............................................................................................................................. KNO'W .ALL MEN BY THESE PRESENTS, that we BLAND DISPOSAL SERVICES INC. P.O. BOX 2431, KEY WEST, FL 33040 the Principal, and Century Surety Company, an Ohio Corporation, the Surety, are held and firmly bound unto MONROE COUNTY DIVISION OF ENVIRONMENTAL MANAGEMENT 5100 COLLEGE ROAD, KEY WEST, FL 33040 the Obligee, in the penal sum of THREE HUNDRED THOUSAND AND 00/100 Dollars ($300,000.00) for the payment of which we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. 'WEi~~~s, the :Principal has entered into a certain written Contract with the Obligee, dated the , 19 covering SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT day of which Contract is hereby incorporated herein as if fully rewrittenz NOW r THEREFORE r the condition of the above obligation is such that if the Principal shall promptly and faithfully perform this Contract, then this obligation shall be null and void; subject, however, to the following conditionsl 1. If there is no breach or default on the part of the Obligee, then the Surety's performance obligation under the bond shall arise after: a. The OWner has notified the Principal and the Surety in writing at their respective addresses of the alleged breach, and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Contract; and has made available during the notice period all books, records, and accounts relevant to the Contract which may be requested by the Principal or Surety. If the Obligee, Principal and Surety agree, the Principal shall be allowed a reasonable time to perform the Contract; but such an agreement shall not waive the Obligee's right, if any subsequently to declare a Principal default; b. The Owner has declared the Principal in default and formally terminated the Principal's right to complete the Con- tract, provided, however, that such default shall not be declared earlier than twenty (20) days after the Principal and the Surety have received the notice as provided in "a- above; and c. The Obligee has agreed to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract or to the such contractor as may be tendered by the Surety to the Obligee. 2. The Obligee shall notify the Surety immediately of any change orders approved by the Obligee, any changes to the scope of work or to the duration of the Contract, or any increases to the Contract price. 3. Any suit under this bond by or for the benefit of the Obligee must be instituted before the expiration of two (2) years from the date on which the Principal ceased work on the Contract. 4. In no event shall the liability of the Surety hereunder exceed the penal sum hereof. Signed, sealed and executed this 8th day of September, 1997 BLAND DISPOSAL SERVICES INC. Principal By: CSU-103 (9/92) StH';:)~U$ ;{~a,bn.._\)c'~/{<t I );8Z: Agenis Adc!ress: Carrnno Rea' #212 Lie. #: 299-54-9258-002 Prod. Agt.: Same City: Boca Raton, FL 33433 This insurance is issued pursuant to the Florida Surpfue lines Laws. "Persons insured by Surpius Lines Carrtsrf1 de not have the protection of the Ftoridc fnsurance Guarant; Act to the extent of any right cf (6COvary for the obligation of an insolvent unlicensed insurer," \ "S 'I Quarter: Y\ ci <i.j. UO ~ Ii 0 ^^-~ t Premium: ~ 7, ~()b · . Tax: V'~1 YVF ~~:rslgnatum~~~~ File It: (". INCREASE RIDER TO SURETY BOND .. RECEIVED JUL 2 2 1998 /l/}J BY: (j{;;:t.:, .......-- PURPOSE: INCREASE To be attached to Bond Number Z-616807 issued by Century Surety ComDanv, as Surety in the amount of Three Hundred Thousand and NOlI 00 Dollars ($300,,000.00), effective the I st day of October, 1997, on behalf of Bland Disposal Services" Inc. in favor of the Monroe County Division of Environmental Management. In consideration of the premium charged for the attached bond, it is mutually understood and agreed by the Principal and the Surety that the bond shall be modified to read as follows: The above said bond amount shall be Four Hundred Thousand and 00/100 Dollars ($400,,000,,00). All other items, limitations and conditions of said bond except as herein expressly modified shall remain unchanged. Signed, sealed and dated this 7th day of June 1998. Operator: BLAND DISPOSAL SERVICES, INC. By: ~~ (Title) .~ ~~'\~J~ (Corporate Seal) Surety: B gurpfus Unes Agent Katen t.cContl.DraI~ "~~"i-:~g~~~ J\gcnts Address. 7300 Camino D_nI4Jl).f" "":'~~i:-~-'._-' f ic n. 299-54 9258-1V\f'1 nvGI..... .;..?:~:~=:::~~~ ,- . . - ~~ ... .... .,' .:;~~-:~: )rod. Agt: Same .t';;~' ..t~. . '-: ;'::-::'~'-:~'.~:'~:r; ~:t": BocD Raton Fl334ft8 - .:..i;' .' . . '-'::?(-.:r.::?~~~;:;;ir= 'I ,~. "44.. ............'- '-;'19 ins~r~~fo is Iss':Jed pursuant to the Fforfd8 SurpJufJ '~"cs _La,'I~. Person? Insured by Surplus Lines Carriers do .1.. t h.. vs the protection of tho Florida Insurance Guaranty . . :t. ~(l ihs oxtent of any right of recovery for the obIgation of i..n H1sotvent unUcensed 1nsuntr.1I File II: I '1'1 f Quartar: ~ o''')m''!m: tJ;)" S1fu- Tax: ~erhtJj- . " ".'., -Jf{ .. .I fl- .4. . .~ ~ .. "'~--'''' /}~~~ ~.. (~;- (I ',..J CENTURY SURETY COMPANY COLUMBUS,OmO POWER OF ATIORNEY PRINCIPAL Bland Disposal Services. Inc. CONTRACT AMOUNT 400 000.00 ~rldrlrldrlrlrl,~~Hrl,~~~~~ EFFECTIVE DATE 06/07 /98 AMOUNT OF BOND S 400,000.00 POWER NO. 6 1 7 1 8 7 -'-'-' ,~" II' · '~-'-J. ~, ^ ~, .~ ^ ~, ~, ~, ~, .., ~, ~, ~, ~, ~, KNOW ALL MEN BY TIlESE PRESENTS: That the Century Surety Company, a corporation in the State of Ohio does hereby nominate, constitute and appoint: Daniel J. Needham, Kathy J. Goe, Jeffery l. Booth, James E. Feldner, Victor D. Thompson, Jill Calfee, Patricia A. Wall, Laurie A. Krokos, Julie K..Thornton, Kathleen P. Price, Travis P. Lattimore and Felicia P. Young its true and lawful Attorney(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereot: PROVIDED, however, that the obligation of the Company under this Power of Attorney shall not exceed One Million Dollars (SI,ooo,ooo.oo). This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 4th day of October, 1988: "RESOl VED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as Attorney(s)-in-fact of such persons, firms, or corporations as may be selected from time to time. FURTIlER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certificate by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Century Surety Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized officers this 4th day of October, 1988. Notary Public) State of Ohio) ~\\\\,""I"'III. ;~ ~U'E1)- '~~ ~ ~ .......... ~O ~ sa ~T .. Anll ;... ~ ~ ~ ~ ..0. ~Y'...,"'-fi.. ~ ..~ :I ~ ".I."! ,...;.0 ~ ~ :!f · '-' -- - ...-- 1i3{ SEAL j~~' ~ \.,.. V ;: ~ ~H'O ~ "- - ~ -9& ~ """IA ~\~ """"11",,\\1 SS: C:;COMPANY RaIweIl P. EIIII, PIeIideIIt ~~".~~ - GI.- D. Soudnrick, T..... On this 4th day of October, 1988, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Roswell P. Ellis and Glenn D. Southwick of the Century Surety Company, to me personally known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set m~~xe4. my official seal at Columbus, Ohio, the day and year above written. 8:~ ~~\ ?xu-C. ~ it- 1 s. E. Duft'1 .... '-, *J Noe.y....Ics.tofOldo - ~ '~'i My eoa.iDioD apiNI AIIpIt 7, 1999 "~~ rr/ State of Ohio ) SS: ......~Ir ~ .'/ .........~....r:.. I, the undersigned, Secretary of the Century Surety Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthennore that the Resolution of the Board of Directors, set forth herein above, is now in force. ' Signed and sealed in Cleveland, Ohio this 7 th day, rf' June, 1998 ~\\\\"I II'''",/~ ___--/ ;~ ~U'Ii'" ~~'~ O--c:::;r. ~-- # ~ ............ 0 ~ ., ;:j .~.~'Oll~ -.. ~ ~ Anne L. Meyers, Secretary II ; ...<.:,0 ~... .... . ~ : ::: i ~.- \ ~ ~ Any reproduction or facsimile of this form is void and invalid = I SEA L J ~ ~ :; \ .... S I. S iiII! ..... ~ .... "'HIO.. ~ ~~......... ~ ~ ~ ~'I.- .~~,~ Century Surety Company CONTINUATION CERTIFICATE The Century Surety Company as surety on bond no. Z-616807 , issued on the 1st day of October 19 97 , in the amount of ~'~'~ H.NEED 1Hl1SAND IXJI.lARS'~'( Dollars ($400,000.00"':-;': ), on behalf of Bland Disposal Services, Inc. (Principal) in favor of Monroe County Division of Environmental Management (Obligee) Solid Waste and Recycling Collection Franchise Agreement (Description) hereby continues said bond in the amount of .,'~',FOUR flUNDRED THOUSAND DOLlARS~'n': Dollars ($400,000. OO~":i'!-t.~ ) , for the period beginning the ~day of October 19 98 and ending on the 30th day of September 19~, subject to all covenants and conditions as set forth and expressed in said bond. This Continuation Certificate is executed upon the express condition that the Company's liability under the said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the S~~ of the said bond in force at the time of default. Dated at Cleveland this ~day of October 19 -2B- Bland Disposal Services, Inc. (Principal) By 10055 Sweet Valley Drive, Valley View, Ohio 44125 (216) 447-9222 Fax (216) 447-9137 (800) 325-9112