Performance & Payment BondWaste Management Inc. of Florida
500 Cypress Creek Road, West
Suite 300
Fort Lauderdale, Florida 33309
305/771 -9850
VIA FEDERAL EXPRESS
August 28, 1990
Mr. Danny Kolhaje
Monroe County Clerk of Court
500 Whitehead Street
Key West, FL 33040
IN REPLY REFER TNO0828A
RE: Monroe County Transfer Station - Performance & Payment
Bond
Dear Mr. Kolhaje:
Per the instructions of Donna Perez, enclosed for your files is
the original Performance and Payment Bond for the Monroe County
Transfer Station.
Please let me know if you require any additional information.
Very truly yours,
T. Michael O'Bri n
Region Vice President
and General Counsel
TMO /kg
Enclosure
cc: L. Benson (w /o enclosure)
M. Cordesman (w /o enclosure)
R. Wolfe
NATIONAL GUARANTY INSURANCE COMPANY
199 MAIN STREET, 5TH FLOOR, COURTHOUSE PLAZA - BURLINGTON, V T - 05401 - 1- 800 - 876 -6442
PERFORMANCE AND PAYMENT BOND
(ALA 311)
KNOW ALL MEN BY THESE PRESENTS: Bond Number: PP90 -0024
That WM INC. OF FLORIDA, as Principal, and NATIONAL GUARANTY INSURANCE COMPANY, as
Surety, are held and firmly bound unto MONROE COUNTY, FLORIDA, as Obligee, in the sum of
$2,500,000.00, (Two Million Five Hundred Thousand and 00 /100), for the payment of which sum, well and truly
to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into written contract dated 07/20/1990 with the Obligee for renovation
and conversion of existing incinerator facility to a transfer station which contract is by reference made a part
hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall faithfully
perform said contract according to its terms, covenants, and conditions and shall promptly pay all persons
supplying labor or material to the Principal for use in the prosecutions of the work under said contract, then this
obligation shall be void; otherwise it will remain in full force and effect.
Subject to the named Obligee's priority, all persons who have supplied labor or material directly to the Principal
for use in the prosecution of the work under said contract shall have a direct right of action under this bond. The
Surety's aggregate liability hereunder shall in no event exceed the amount set forth above.
No claim, suit, or action shall be brought hereunder after the expiration of one (1) year following the date on
which Principal ceased work on said contact. If this limitation is made void by any law controlling the construction
hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by
such law.
NOTWITHSTANDING anything contained in the contract to the contrary, the liability of the Principal and Surety
under this bond is limited to the original term of the contract from 08/21 /1990 to 04/18/1991. Any extensions
or renewals of the referenced contract shall be covered under this bond only when consented to in writing by the
Surety.
Signed, Sealed and Dated 08/15/1990.
Witness Roberta A. Krenek
WM IN,(E/OF F "I*, (Pri
ry
NATIONAL GUARANTY INSPRANCE COMPANY,
(Surety)
By: ibr1
ar n Liebel, Attorney- n -Fact
WMI Bond 9190
F, 4'
POWER OF ATTORNEY
Know all Men by These Presents that the National Guaranty
Insurance Company, 199 Main Street, Burlington, a Vermont
Corporation (the "Corporation "), has constituted and appointed and
does hereby constitute and appoint Malcolm butts- Watson, Julie
Boucher, Karen Liebel and Lisa Paradis of Burlington, Vermont each
its true and lawful Attorney -in -Fact to execute under such
designation in its name and to affix its corporate seal to deliver
for and on its behalf as surety thereon or otherwise, bonds of any
of the following classes, to -wit:
1. Surety bonds to the United States of America or any
agency thereof, including lease and miscellaneous
surety bonds required or permitted under the laws,
ordinances or regulations of any State, City, Town,
Village, Board or any other body or organization,
public or private.
2. Bonds on behalf of contractors in connection with
bids, proposals or contracts.
The foregoing powers granted by the Corporation shall be
subject to and conditional upon the written direction of any
officer (or any designee of any such officer) to execute and
deliver any such bonds.
IN WITNESS WHEREOF, the Corporation has caused these presents
to be signed by its Vice President /Underwriting and its Assistant
Secretary, and its corporate seal to be hereto affixed this
15th day of May 19 90
Witness: National Guaranty Insurance Company
Vice President /Und rwriting