Loading...
03/01/1979 Agreement0001� AGREEMENT SOLID WASTE DISPOSAL SYSTEM DESIGN, FINANCE, CONSTRUCT AND OPERATE BETWEEN MONROE COUNTY, FLORIDA, acting as the MONROE COUNTY MUNICIPAL SERVICE DISTRICT AND WASTE MANAGEMENT, INC., a Delaware Corporation AGREEMENT SOLID WASTE DISPOSAL SYSTEM DESIGN, FINANCE, CONSTRUCT AND OPERATE BETWEEN MONROE COUNTY, FLORIDA, acting as the MONROE COUNTY MUNICIPAL SERVICE DISTRICT AND WASTE MANAGEMENT, INC., a Delaware Corporation A G R E E M E N T This Agreement, made and entered into in duplicate originals this day of 1979, by and between MONROE COUNTY, FLORIDA, (the "County "), a political subdivision of the State of Florida, acting as the MONROE COUNTY MUNCIPAL SERVICE DISTRICT; and WASTE MANAGEMENT, INC., a Delaware corporation, (the "Contractor "). W I T N E S S E T H That the parties hereto, for the consideration herein set forth mutually agree as follows: 1. Definitions (a) Solid Waste - "Solid Waste" shall mean all forms of garbage, garden trash, industrial waste, refuse, rubbish, waste, bulky waste, bundled garden trash, and containerized waste, tires and all other combustible forms of solid waste. The term shall not include junk automobiles nor shall the term include white goods or construction debris which is placed directly on the landfill. (b) FACILITIES - The "Facilities" shall mean all real and personal property, including scales, used in the processing of solid waste, including its final disposition. (c) Landfill - The term "Landfill" shall be included within the term facility where applicable. (d) Site- "Site" shall mean such real property as more particularly described in Exhibits A, B & C attached hereto and made a part hereof. a (e) Ton - "Ton" shall me-, a "short ton" of 2,000 pounds. (f) Resource Recovery - "Resource Recovery" shall mean the recovery of paper, cardboard, ferrous metals, aluminum, etc. from solid waste which may be recycled and /or the production of energy, waste heat fuel or potable water from the solid waste disposal process. (g) Potable Water - "Potable water" shall mean water that hag been tested and approved by health official for human consumption or that can be blended with other water so the end product is acceptable for human consumption. (h) Process - "Process" shall mean incineration. 2. Purpose The purpose of this agreement is to define the basis upon which the Contractor will design, finance, construct and operate solid waste disposal facilities and attendant sanitary land fills so as to insure proper disposal of all solid waste generated in Monroe County as solid waste is defined under SECTION 1, "Definitions," except that refuse from the City of Key West and U.S. Navy facilites will not be included within the purview of the Contractor's obligation. 3. Relationship of the Parties The relationship between the parties shall be limited to performance of this Agreement solely in accordance with its terms including additional undertakings agreed upon by written instruments signed by both parties. No party shall have any responsibility -2- i whatsoever with respect to services provided or contractual obligations assumed by the other party and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship. The Contractor's legal status shall be that of an independent contractor and lessee. 4. Cooperation The parties will take such action as may be necessary or appropriate to facilitate the sesign, financing, construction and operation of the facilities and the landfill s and in general to cooperate to the fullest extent possible to attain the purposes of this Agreement. 5. Term The term of this Agreement shall be 20 years from the date of acceptance by the Contractor of solid waste for processing on a regular basis. 6. Agreement Non - Assignable This Agreement is not assignable by the Contractor with whom the County has entered into this Agreement because of the expertise of the Contractor. Any assignment of this Agreement or any portion hereof by the Contractor without the express written consent of the County, shall be considered as a default by the Contractor. (See also Section 10 hereof.) 7. Finance The Contractor shall finance 100% of the cost of sesign and construction of the facilities which shall involve third party -3- . t ownership of the fac .lit ies which shall be leased and operated by the Contractor. At the end of the 20 year contract period,all leased f County lands shall be returned to the County. The County will not re- imburse the Contractor for any facilities and improvements left on the f sites at the end of the 20 -year contract. The Contractor has no residuals rights after the 20 year contract has expired. The County shall be granted title to all facilities including scales, in place on the three (3) leased sites after the 20 -year contract has expired. The County has contemporaneously herewith leased the three (3) sites, one located on Cudjoe Key, one on Long Key sn d one one Upper Key Largo to the Contractor for a rental of $1.00 per site per year for the term of this Agreement as more particularly set forth in Exhibit A, B and C. For the duration of this Agreement, the period of the lease of these facilities and thereafter, the County at all times will retain fee ownership of the sites, and at no time shall the fee title be sub- ordinated. The County will not provide additional acreage or sites for residue disposal should volume reduction be insufficient to meet site requirements. Should the Contractor require additional disposal site(s), they shall be provided at no additional cost to the County. 8. Design and Construction A construction bond in the amount of $250,000. for the purpose of insuring the construction of the facilities is attached hereto as Exhibit D. The parties agree that the Contractor shall design, finance and construct (including complete installation of all required pro- cessing equipment), test and place into operation the facility within ten (10) months from the date of the signing of this Agree- ment. Time is hereby declared to be of essense. -4- A PERT chart of bar graph for the facilities showing duration of each component of the construction program, the intended schedules for design, financing, approval of plans by the County and other agencies having jurisdiction, construction, testing, and commencement of operations is attached hereto as Exhibit E, and is incorporated herein by reference. The Contractor shall be solely re sponsible for obtaining and furnishing all funds necessary for the total construction of the facilities. The Contractor shall, at its sole cost and expense, obtain and hire all necessary personnel, and furnish all machinery and equipment required for the design, financing, construction, operation and housekeeping of the facilities. The Contractor shall, at its sole cost and expense, obtain all permits and licenses necessary for the construction and operation of the facilities. County building permit filing fees will be waived or paid by the County. The responsibility for all site improvements such as roads, landscaping and utilities are the sole responsibility of the Contractor. Access roads to the sites will be constructed and main -- tained by the County. The Contractor agrees to construct the facilities within the requirements of the Standard Building Code. The Contractor agrees that the facility will meet or exceed all Federal, State and County regulations concerning air and water pollution. -5- Construction plans and specifications for the facilities, site plans showing the Layout of the facility and all incidental improvements including off - street parking, driveways, walkways, exterior lighting, scales, fencing and landscaping shall be sub- mitted to and shall be subject to final approval by the County in advance of construction. The County shall have the right to inspect all of the facility and landfill at any reasonable time and the Contractor shall implement any reasonable directions of the County resulting from such inspections or otherwise Free entry to all parts of building(s) and site shall be provided to Florida Department of Environmental Regulations personnel at all tines. 9. Operation A renewable operations performance bond in the amount of $250,000 for the purpose of insuring continuous uninterrupted operation of the facility for the term of this Agreement is attached hereto as Exhibit F. Not less than 30 days prior to expiration of the renewable operations performance bond, the Contractor shall provide a Certification from the Surety to the County that the bond has been renewed or is replaced with an acceptable bond to the County. Non - renewal or cancellation of the operations performance bond will be considered a default of Contract. The amount of the performance bond shall be increased to $500,000 for the last five (5) years of this Agreement. . r The County retains the right to control the amount of refuse delivered to each of the facilities. The Contractor shall accept for disposal only materials delivered by County authorized in- dividuals or concerns. The maximum volume that will be delivered to each of the facilities initially is as follows: 60 Tons Cudjoe Key per day 60 Tons Long Key per day 60 Tons Upper Key Largo per day The Contractor shall from time to time conduct studies toward the end that increased demand for disposal of solid waste may be anticipated and facilities readied to accomodate disposal of same. The Contractor agrees that the facilities (3 sites) shall be open for accepting waste at least twelve hours per day six day per week (operating every day except Sunday and Christman Day) between the hours of 6 :00 A.M. to 8: P.M., each operating day throughout the term of this Agreement. The hours of accepting waste will be ad- justed to fit hauling schedules, but the time will not exceed twelve hours per day. The Contractor may, at its option, operate the facilities on any Sunday or Christmas Day. In addition, the County, upon reasonable notice, may require the Contractor to open the facilities for not more than eight consecutive hours on any Sunday or Christmas Day for the sole purpose of accepting deliveries of up to the following amounts of solid waste: -7- 60 Tons Cudjoe Key 60 Tons Long Key 60 Tons Upper Key Largo The Contractor shall operate the facilities to process un- foreseen quantities of solid waste due to hurricanes and other natural disasters and shall make charges in addition to the con- tracted price per ton only to the exten of actual premium labor costs as approved by the County. The Contractor shall provide suitable containers at each site to receive trash from private vehicles such as automobiles or pickup trucks that are authorized by the County to utilize the facilities. These containers will be weighed and accounted for the same as other solid waste brought to the site. Nothing contained herein shall be interpreted as guaran- teeing either the quality or the composition of the County's solid waste. Further, nothing contained herein shall prohibit the County from enacting such legislation as it deems in the public interest which may directly or indirectly affect the quality or composition of the County's solid waste. The residue from the solid waste disposal process shall be deposited on sanitary landfills to be constructed and operated by the Contractor. The landfills will be located on the County owned sites. The Contractor agrees to construct and operate the landfills in conformance with environmental Iff:M regulations. The Contractor agrees that the residue from the process will be kept to a minimal volume and contain no ingredients that could adversely affect the ground water supply. The County and the Contractor agree that noncombustible debris from the demolition of buildings, white goods and construction debris may be deposited directly onto the land- fill as they are received and shall not be considered residue from the process and Contractor shall not be entitled to payment for accepting such items. The Contractor shall have full rights for the use and occupancy of the said sites for the term of this Agreement, subject to the terms of this Agreement. Use of these County owned sites ;'or other than solid waste disposal and resource recovery will be prohibited. The Contractor shall keep the sites and all facilities thereon free of any and all liens and encumbrances during the period of construction and during the term of this Agree- ment. The sites will be that portion of land needed for the proposed facilities and landfill, and will be located on that certain land identified in Exhibits A, B and C, attached hereto and incorporated herein by reference. The subject property will be made available in its existing state. 10. Payment to Contractor On the date of acceptance of solid waste for processing on a regular basis and annually thereafter, the rate of compensation payable to the Contractor, for the first and subsequent years of this Agreement, shall be adjusted as provided in this section. The Consumer Price Index (CPI) (national average) published by the Bureau of Labor Statistics, U.S. Department of Labor, will be used as a measure of the cost of doing business. The price per ton shall be $10.45 for the cost of facilities plus $26.13 for operating costs at the 100 ton per day level and below and shall be $6.97 for the cost of facilities and $19.57 for operating costs at the 150 ton per day level and above plus proportional increase (or decrease) of the operating cost portion using a factor of 100% of the change in the CPI. The base CPI shall be the National Average CPI for the month within which this Agreement was executed by the County. For quantities between 100 and 150 tons totalled for the three sites per day averaged over each calendar month, the price per ton shall vary as a straight line. If at any time during the term of this contract the average daily tonnage exceeds 200 tons per day, for the preceding 12 months, the price per ton of all tons over 150 tons per day shall be adjusted to $5.97 for the cost of facilities plus $14.57 for operating cost. Thereafter, in the event the average daily tonnage for any month drops below 175 tons per day, the adjusted rate provided herein shall not be applicable until daily average tonnage for the proceeding 12 (twelve) months again exceeds an average of 200 tons a day. If at any time during the term of this contract the average daily tonnage exceeds 250 tons per day, for the preceding 12 (twelve) months, the price per ton of all tons over 200 tons per day shall be adjusted to $4.97 for the cost of facilities plus $12.57 for operating costs. Thereafter, -10- in the event the average daily tonnage for any month drops below 225 tons per day, the adjusted rate provided herein shall not be applicable until daily average tonnage for the proceeding 12 (twelve) months again exceeds an average 250 tons per day. The operating portion of the above cost shall be subject to the same CPI adjustment as set forth in the preceding paragraph. To determine the daily - average, the total number of tons delivered to the sites during the month (except for debris from the demolition of buildings and white goods that are deposited directly on the working face of the landfill) shall be divided by the number of days in the month, except that Christmas and Sundays the facilities are not in opera- tion shall not be counted. The above annual net changes resulting fronilhe CPI shall apply to that portion of the fee which is applicable to the operating cost only. That portion of the fee required for the cost of the facilities shall not be adjusted on an annual basis, but shall remain fixed during the period of this Agreement. The price per ton does not include any amount for ad valorem taxes and will therefore adjusted to reflect this cost if applicable. All tonnages referred to in this section shall be sum totals of all three (3) processing plants. -11- Each site that has a process plant shall be provided with suitable truck scales. The scales will be new with a reader card and automatic tape printout. The County will man the scales, and the Contractor shall maintain the scales and provide for current certifications. Scales shall be certified every six months. At the end of each month, the Contractor shall invoice the County for the tonnage received during that month. The County shall pay Contractor within fifteen (15) days of receipt of the invoice. It is expressly agreed by Contractor that it s'iall never have the right to require or compel the exercise of the ad valorem taxing power of the County for the payment of any of the obligations of the County under this Contract. None of the payment or proceeds held by the County and payable to the Contractor shall be subject to the claims of any creditor of the Contractor, nor shall the same be subject to garnishment, attachment, execution or other legal process, nor shall the Contractor have any right to alienate, anticipate, commute, pledge, encumber or assign any of the payments to which he is or may be entitled contingently or otherwise, under this Agreement. 11. General Obligations of the Contractor (a) Office The Contractor shall establish and maintain an office at no less than one site, which will be located at Lower Keys. -12- (b) Lower Keys Site The Contractor shall oi Lower Keys site as an Tncinerator (c) Middle Keys Site The Contractor shall operate the Middle Keys site as an Incinerator. -12A- (d) Upper Keys Site The Contractor shall operate the Upper Keys site as an Incinerator (e) Employment In connection with the carrying out o.'L':' this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employ- ment without regard to their race, creed, color or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay -off or termina- tion, rates of pay or other forms of compensation, and selection for training including apprenticeship. Any employee required to operate a motor vehicle, as a part of his employment, shall at all times carry a valid operator's license for the type of vehicle that he is driving. The Contractor shall provide restroom facilities which will be available for the use by the County and /or franchise collection vehicle crews. The Contractor shall give employment preference to any present County employee who may be displaced due to the transfer of solid waste disposal responsibility from the County to the Contractor providing said employee either -13- meets or can be trained to meet job skill qualifications. (f) Operation in Compliance with Laws The Contractor shall operate the facilities and maintain the sites, pursuant to this Agreement, in compliance with all applicable laws, including federal, state and municipal statutes, ordinances, rules or regulations relating to the disposal of solid waste; provided, however, that except for minimal additional costs of construction or operations, if the Contractor shall be required to make changes or alterations in the facilities or the Contractor's operating procedures as a result of the imposition of any new law or changes in existing law, including specifically, but without limitation, any require- ment to provide additional cover on the landfill, the price per ton set forth herein shall be adjusted to reflect the reasonable costs actually incurred by the Contractor in making such changes or alterations. The Contractor and the County agree for the purposes of defining what are "additional minimal cost" that the Con- tractor will be entitled to an adjustment in the price per ton only for those increased costs imposed which result from those events set forth in the proceeding paragraph which aggregate over twenty -five cents ($0.25) per ton. Any adjustment in the price per ton in accordance with the preceding paragraph will be added to the cost of the -14- facility and /or for the operating cost as set forth in paragraph 10 as appropriate. I any imposed adjustment, the capital cost of the facility will be! amortized over the useful life of the required improvement. The aggregated imposed costs required to activate an adjustment in the fee paid to the Contractor shall also escalate in accordance with the CPI to the extent such costs are applicable to operating costs rather than facilities costs. If the cost per ton for incineration is reduced as a result of the elimination or reduction of any State, Federal, and municipal statutes, ordinance, rules or regulations, including specifically, but not limited to the above mentioned landfill cover material, the price per ton (to the County) as set forth herein, or as adjusted in the preceeding paragraph, shall be ad- justed downward to reflect those changes. However, in order that such a reduction be required the regulation or restriction removed must result in a decrease in the cost per ton of 0.250 (as adjusted annually by the CPI)for disposal of same. -14A- 12. Indemnities and Insurance (a) Indemnification The Contractor shall provide anO maintain during the life of this Contract insurance that will indemnify and hold harmless the County and its agents and employees from and against all claims, costs, expenses, including attorney's fees and damages arising out ofcx resul- ting from the performance of the Contractor's activities and work at the landfill - incinerator sites leased herein. Said indemnity shall apply to any claim, damage, loss, injury, sickness, disease or death attributable or traceable to Contractor's activities under this Agreement, whether or not the injury, etc. is caused in part by an employee or ser- vant of the County. Said indemnity shall include the require- ment that the Contractor have the duty to defend the County from any such claim. (b) Contractor's Insurance The Contractor shall maintain, during the term of this Agreement, Public Liability and Property Damage Insurance, Automobile Coverage and Contractual Liability Insurance in the following amounts: Public Liability $300,000 per person and and Bodily Injury $1,000,000 per accident Public Liability $100,000/$200,000 and Property Damage -15- Automobile Bodily Injury Automobile Property Damage Contractual Liability Insurance (The County shall be named as additional insured) $300,000/$1,000,000 $100,000/$200,000 $1,000,000 This coverage shall protect the Contractor, its agents and its employees from claims for property damage and for damages for personal injury, including wrongful and acci- dental death, which may result from the Contractor's opera- tion, pursuant to this Agreement, of the Facility anc the Landfill. (c) Workmen's Compensation C overage. The Contractor shall carry, with an insurance company authorized to trans- act business in the State of Florida, a policy that fulfills all the requirements of the Workmen's Compensation Act of that State, including all legal requirements for occupa- tional diseases for all its employees. A certificate shall be filed with the County showing such insurance to be in full force and effect at all times. (d) Notice of Cancellat All insurance carried by the Contractor pursuant to this Agreement will contain a provision that the insurer will not cancel any such policy without first giving thirty (30) days notice, in writing, to the County. -16- 13. Force Majeure (a) Defined In fulfilling their obligations hereunder neither party shall be liable for delays or failure caused by acts beyond its control, including without limitations, strikes, riots, civil disorder, or acts of God, including fire, hurricane, wind damage, or water damage. Notice of force majeure by one party shall be promptly delivered to the other. Notice of the declaration of force majeure shall be deemed to continue until notice is provided by the declaring party that force majeure has terminated. (b) Operations during Force Majeure Period In the event the facility has not operated for more than forty -eight (48) hours by virtue of the declaration of an event of force majeure, the County may, at its option, upon twelve (12) hours written notice to the Contractor, and with its own personnel and at its own expense, operate the facilities and the landfill for the purpose of processing solid waste and delivering the residue to the landfill. In the event of such operation, the County shall be liable to the Contractor for any damage caused to the facilities other than normal wear and tear but shall not be obligated to pay for solid waste delivered to the facility during the County's operation of the facility. The Contractor will cooperate with the County in keeping the facility in opera- tion during extreme emergencies. -17- 14. Default (a) Default by the Contractor The occurrence of any one or more of the following events shall constitute default by the Contractor: 1. The Contractor shall become insolvent, shall take advantage or benefit from any present or future insol- vency statute, or in any Court pursuant to any statute of the United States or any state shall file Petition in Bankruptcy, Insolvency, forthereorganization or for the appointment of a receiver, or trustee for all or a substantial portion of the Contractor's property. 2. The Contractor shall make an assignment for, petition for, or enter into arrangement for the benefit of creditors or a Petition for Bankruptcy is filed against the Contractor which is not discharged within sixty (60) days after the filing thereof. 3. The Contractor shall fail to perform or observe any other obligation under this Agreement, or fail to comply with any other material provision of this Agree- ment, and the County shall have served written notice upon the Contractor setting forth the details of the alleged breach, and the Contractor shall not have cured such breach within thirty (30) days after such notice. If the breach is of such emergency nature as would warrant such lesser period than thirty (30) days for the cure thereof, the facts setting -18- forth the nature of the emergency shall be set forth in the notice by the County to the Contractor with such appropriate lesser time for cure as is warranted under the circumstances. (b) Remedies of County Upon Default In the event of default by the Contractor, the County may terminate the contract, direct the Contractor to leave the site, and operate the plant with County personnel. The Performance Bond, as provided for herein may, at the option of the County be applied towards any damages incurred by the County as a result of the default by the Contractor, however, Contractor's liability hereunder shall not be limited to the sums held under said bond. The rights granted the County hereunder in the event of a default by the Contractor shall be cumulative and in addition to any other remedies available to the County by law. The Contractor shall obtain in writing an agreement by the third party financing agent that said agent will notify the County of any default by the Contractor in its contract with said third party and in the event of such default by Contractor, said agreement shall allow for the County to make current all arreared payments due said third party and shall allow for 'she County to succeed to the contractual rights of the Contractor under the financing arrangement. -19- Toward this end, the Contractor shall - in its financing agreement hereunder with the third party financier - finance only its Monroe County operations required under the terms of this agreement. In the event that the County shall elect to take over the Contractor's obligation, then and in that event, the Contractor agrees that the County shall be entitled to do so and upon payment of all arreared sums due the third party financing agent, the County shall succeed to all rights under said financing agreement and to all of the Contractor's right, title and interest to the capital equipment financed under the agreement, and that such an election would in no way constitute a waiver of the right of the County to seek damages against the Contractor and /or seek reimbursement from the Performance Bond posted hereunder. (c) Default by the County. Except as otherwise stated in this Agreement, County will be deemed to be in default when, after thirty (30) days written notice of a breach of this Agreement, the breach has not been corrected. (d) Remedy Against County In the event of default by the County, the Contractor will be entitled to damages or, where applicable, specific performance. 15. Miscellaneous (a) Entire Agreement This Agreement constitutes the entire understanding and Agreement between the parties and supersedes any previous understandings or commitments, oral or written, relating to the subject "matter hereof. -20- (b) Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida,. and neither party shall be liable to account under the contract only in the Courts of this State. (c) Surety The surety shall be such company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida and shall be rated as "A" or better as to General Policyholders Rating and "Class X" or better as to Financial Category. (d) Amendments The obligations of the parties may be modified or additional undertakings may be agreed upon only by written instruments signed by the parties. (e) Books, Records and Audits The Contractor shall maintain complete and accurate books of account and shall maintain complete records of his operations. Such books and records shall be available for audit by the County. (f) Agreement Binding This Agreement shall be binding upon the successors and such assigns of the Contractor which the County has expressly consented to as provided herein. (g) Representatives The authorized representative of the County for purposes of this Agreement shall be Charles P. Aguero, Manager, Municipal Service District. The authorized representative of the Contractor for purposes of this Agreement shall be Harold Gershowitz, Senior Vice President, Waste Management, Inc., 900 Jorie -21- Blvd., Oak Brook, Illinois 60521. Either party may change its represen.ati.ve upon five (5) days written notice to the other party. (h) No tices . All notices and consents required or contemplated by this Agreement shall be in writing and shall be deemed given by a party when mailed, first class postage prepaid, addressed as follows: If to the County: Charles P. Aguero Manager, Municipal Service UiGtrict Wing III, Public Service. F3 , ildi ng Stock Island Key West, Florida 33040 If to the Contractor.: Harold Gershowitz Senior Vice President Waste Management, Inc. 900 Jorie Boulevard Oak Brook, Illinois 60521 With a copy to: Joe LaBounty Florida Disposal P.O. Box 1619 1.904 Flagler Avenoue• Key West, F lo.r i.&. 33040 Changes in the respective addresses to which such not i.cos may be directed may be made from time to time by either party. Notice of any such change in name or address shall be directed t� the other party by Certified Mail. 1.6. Resou Recove.rZ S ys tem Should resource recovery be deemed feasible by the Contractor the same will be built at the Contractor's sole expense and the Contractor before engaging in resource recovery shall negotiate the per tentage of the gross receipts from said resource recovery which shall be payable to the County. Failure of the parties to agree upon this figure shall preclude the Contractor from engaging in recource recovery. -22- IN WITNESS WHEREOF the said MONROE COUNTY, FLORIDA, has caused this Agreement to be executed in its name by the County Commissioners Chairman, attested by the Clerk of the Board of County Commissioners, and has caused the seal of said Board of County Commissioners to be hereto attached; and the said party of the second part has caused this Agreement to be executed in its name by its President, H. Wayne Huizenga , attested by its Secretary, Peter H. Huizenga , and has caused the seal of said corporation to be hereunto attached, all on the day and year first above written. ATTEST: MONROE COUNTY, FLORIDA By its BOARD OF COUNTY COMMISSIONERS acting as the MON E COUNTY MUNICIPAL SERVICE DIS IC By: - Clerk Chairman (SEAL) (PARTY OF THE FIRST PART) WASTE MANAGEMENT, INC. BY: /k tn - 6 H. A HU G Title: Pr sident (PARTY OF THE SECOND PART) I V�q�Y 7�Y that this d�unent has t* ,, re v1ewed for Iegaf sufficiency and c % ;,tent and that the same me t���� a�rovaL `� — RIMAR9 G. PAY%1 Asst. Cw.Ay AttJ nt�ii (Corporate Seal) STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) BEFORE me, a Notary Public duly commissioned, qualified and acting, personally appeared PETER H. HUIZENGA and H. WAYNE HUIZENGA, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same with full power and authority from Waste Management, Inc., a Delaware corporation, to do so. WITNESS my hand and official seal in the County and State aforesaid this IA-f day of March, A.D. 1979. Notary Public - StatVtTt Illinois A- c• K ct�cd� cj( re GPs -24- CUDJOE KEY SITE EXHIBIT A <EASE. COMMON FORM RAMCO FORM 2e Th Its IVII fasf� Made this 77 day o J f February , A. D. tg 79 B y and Between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, herein called the lessor , and WASTE MANAGEMENT, INC., a Delaware corporation authorized to do business in the State of Florida, herein called the lessee _ Ult nesSA,That in consideration of the covenants hercir► contained, oil the part of the said lessee to he kept and perfor►ned, the said lessor du es hereby lease to the said lessee the following described property: See Legal Description attached hereto as page 2 of EXHIBIT A. To Haut and To -old the same for the tern► of twenty years (20) ten months from the SIX day of FebN++a MdA"— , :1. D. l97 9 , the said lessee paying thereforthe yearly rent of $1.00 Dollars. And the said lessee covenants with the said trssor to pay the said rent in annua l payments of $ 1.00 each on the 1st clay of each and every year for the said term, the first payment to be made oil the 10th day of March, 1979 to make no unlaupfill, in►pr•uper or offensive nse of the prer►uscs: not to assiyr► this lease or to sub- let any port uj said Prrn►isrs milhout the nvillcn ror►scol of the lessor 'lot to rise said Premises for any other purpose thee► as ern incinerator /sanitary fandf ill.ru ►d to r/rril rand dcliv(•r up said Prcmiscs at the ("Id of said term in (IS yood condition o,, /lrrr/ rr►•r now (ordinory u a11d decay and damage by the ('lcn►cr►ls only e.rcr/drd)..Irrd Ilrc said icsscc hcr•cbrl r•ovr11(1►rt and agree s that if defrinll shall be r►►ade iu //I,- Payu"'nl of the event r►.c aforesaid, or if the said lessee shall violate (11111 of the covenants of this lc,rse, ll►en said lcssce shall becon►c Ice► (111t (it s►t ljerance, hereby waiviny all right of r►olice. a;ul the lessor Shull be enlilb'd in►n►ediole111 to re -enter and re -take Possession of the den►iSrc.' Prcmi.ws. - wiffitness our• har►ds and seals this .Z7-& day of February A D. 19 7 Signed, Se ed and D • ivcred i ► 1' . lire of: MONROE CO Y, O IDA At �y C e to the Board Ch rman f the Board Attest: ' WASTE MANAGEMENT, INC., a Les BMW Delawa Corporation STATN OF FLORIDA Secretary BY: lag 1 C=Fm V i c r (LS) COUNTY OF MONR 19— } P esi ent Lessee I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared DON S. SCHLOESSER, land RALPH W. WHITE, to me known to be the person described in and who executed the foregoing instrument and th acknowledged before me that theyexecuted the same. with full power and authority to so. WITtiESS my hand and official seal in the County and State last aforesaid this � day of February A. D. 19 79. --f .. . . . . .. ...... ............... Z ..... otary Public – State of Florida At Large I'l Insirunir / pnparrd ly: NOTARY PUBLIC STATE OF FLORIDA AT L4e� Ilr[/lr,-SS THIS DOCUMENT, PREPARED BY: J� MY COMMISSION EXPIRES APRIL 21 1980 ATTORNEY AT LAW RICHARD G. PAYNE BOND THRU GENERAL INS. UNDERWRITERS P. O. BOX 550. KEY WEST. FLOr "A 1 J PAGE 2 ol EX.:JBIT A DESCRIPTIM CF PROPERTY: puroc" of land lying and being in the County (�?'.!d '��'tmte of Florida, more parti of lawl in a part, of Government I.-it u, - !on 1.9; (46,s. , Hi 28 o1i I'lorida and I)oixig mox. part.j c:Ljjjj.t-j t L - -nd bound� i1 .`3 Ly mei-( -� t. i I ilt 1-he SoIjUwast Coy. I. of Govel I mi; 11'. :.;a t.d Corner al�;o to be known zi. f-lic Voilli- J11'.1111111) of the tract of land herei -Inaftcr �cr ',ed, bear West alovig the South Lixte of Gowrl— rj',- Lut 8, 415 fect; thence bear North 1050 fvi.-t, 0 Or luoz;, to the shoreline; thence mean -Aer th- -- C , - m aii Rasterly direc " ion, 41.5 fc t, 1(" tc la point which is bearing Vlorth from tier. - ' Of therice bear t3outh 1050 1 ect, 1 lx or le3j back to the Point of Beginning, con - t.-tining 10 acrnr, wore or less. LONG KEY SITE EXHIBIT B LEASE. COMMON FORM RAMCO FORM 20 Made this 2 7 ' — k day of February , A. D. 19 79 Mhe and Between MONROE COUNTY, FLORIDA, a political subdivision State of Florida, herein called the lessor , and WASTE MANAGEMENT, INC., a Delaware Corporation authorized to do business in the State of Florida, herein called the lessee 10R USSA, That in consideration of ll.1r covenants herein contained, ore the part of the said lesser to be kept and performed, the said lrssor do es hereby lease to the said lessee the following described property: See Legal Description attached hereto as page 2 of EXHIBIT B. To have and To Mold the same for the trrrr.1 of Twenty years (20) ten months from the I 'U= day of IM#,Ac& peb*tja , A- D. 1979 , the said lesser paying there f or the yearly rent of $ 1.00 Dollars. And the said lessee covenants n the said lrssor to pay the said rent in annua 1 payments of $ 1.00 each oil ill( lst for the said turn, the first payment to be made on the day of rich and every year 10th (1(111 of March, 1979 to make no unlawful, improper or offensive use of the pr•r•nrises; not to assirpr this lease or to sub - lrt any part of said prentises without lhr urritlrn ru,r.ce►}I of the lessor not to use said prrn.1isrs for any ulhe - purpose lhan as rm incinerator (landfill site curd to rl.1ril and deliver 111) said premises at the 1".1d of said tune in its Toad condition its they urr now (ordinary and decay and danraye by l/rr rlen.1rnLs only r.re(Ipled). And the said lesser hrrrhrl eonrnrrntg turd agree s that if defcu.1ll shall be made in the prt of the rent rrs aforesaid, or if the svrid lessee .hull violate arr.11 of the covenants of this less(, Ihrrr swirl lrss,•r shall beeorr.1,• tenant crt suljerance, hereby uvaiviny all eight of notice, and tl.1e lrssor shall hr rnlitlyd inunrdiolrly to re -enter and re -lake possession of llrr drn.1isrr: p►•errri.srs. Witness unr hands and scats this day of February A. 1). 1979 Signed Se Attes 54DqE OF - F COUNTY OF i•d a► , livered in P: nc•r' ,f : erk to the Board ofCcer duly authorized MONROE C TY, RIDA, BY: Chairman of the Board,L r WASTE MA AGEMENT, INC. IV r BY (LS) ec etary to residen Lessee E Corporation I HEREBY CERTIFY that on this day, before me, an the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared DON SCHLOESSER, RALPH W. WHITE, to me known to be the person S described in and who executed the foregoing instrument and they acknowledged before me that they executed the same, with full power to do so. C WITNESS my hand and official seal in the County and State last aforesaid this O� � day of February A. D. 1979. ....... tary Public - State of Florida Al Lar 1 lil Irr+trn,nc'ni prrparcd ly: 'ir(,PV PUBLIC STATE CSF FLORIDA AT LAR01 MY COMMISSION EXPIRES APRIL 21 1989 1,lrlr, THIS DOCUMENT PREPARED BY:Lt+ BONDED THRU GENERAL INS. UNDERWRITERS XTTORNEY AT LAW RICHARD G, PA•iflf P. O. BOX 550. KEY WEST, FLORIDA PAGE 2 of EXHIBIT B A t_a,t of l*an;: in 3 part of Government Lot 2, .iectior. R. , and a part of ^Zovernment Lo L 3, :;ec a e - •'_•:•�. , n .. 7 9 Z. , being on Lan,. Key, Monroe County , baing r.:re pa_*•Licalarly described by meteo b:. _.e.,3 as :c 3: tie in.ter.iectfer: of the Wevt Line cf Sec :ion ..._.1 '�!e� ,3:-'Vherly rid hL -of -way line of U. iii.,r.. Line of Se ^tic:: �, :•�.�_ 3 F •.!:e cf 1,:::. ..n._f ..r �(;J.r e,:, c A,Ild" OF 15EGY1.I::I., r ba in. - 11.J ♦`'C' ., _ . -.. ^.� an,-i to r- cuter"' i-e U. U.a. I.' • !:- . - -- min'.:e ".as;, an para.I?el hich t. =w : - -eL to a 10int Of ",u:rve, said c :r•:a ►::i•:ir :11•. _: ;r1e or 1•t - -. e•.j and 49 min-iteo 3n. .. f eet ; thence .:l,:ri, .9a1 : cur- oor. ^c :tr:c h: :i: of I'. ' :r _ f r:c:. 1 and 100 f e t' t `'. c tcaring ��or .,s:;tc r � U ;;j ':C r ir— , _ ..� l :ir..: uc.t1E.' tl 0 t: ::outhwccter ?,; ^crner of t Je ___ _e?�•._;:•4�:i ^c: ran•: r ^,erL a :_.ioribc in C.f= 4 1 Lher:c•e bed_ !:crt:. I ' ^1 :1•1'.03 and 17 3ecGn10 West, 310.. ^ .i ce C .i: W t Li..': of , Bell rr oper , 100 feet , th',V.CE Lear. :ior t ©1r:wtG3 a: id 4� :�F:.Jnd:: .. ? _. :e of the tharn Be.il Proper' ;C :_�L; '••c_ ,... .. i ;l de, rt en, 27 minute3 and i7 seeo::' r, Line " *,h� ioutherr Bell R r , :0 ; _`e•� ;. :c d poi .t on a curve, said joint be•irr the r... Corner cf the Uo —Vern Bell Property a ^A et radially from the cer.t.erline of ?it',:t— �;, 1; -.hence '.tear Northeasterly alor.,6: eaid curve, Lir.p tc she right ur.i concentric with the conterli ::e 6 3.21 fee;, to a Poin: of _ar:- =. ^.t ,� -"= ort, , ^O 'degrees and 15 minuLe:i �ayt, parallel are ,CO f from the centerline of U..;. Highway No. 1, .ee: :o t::e �;oathwest. Corner of •: : �•. :io:: i'.. FLr . Y aj monumen ted and occ -lie : er.ce car _:or :n 3 le an.' 45 minutes DES;., r1.lons sail ^c••errment Radar Station an"I bey o ,,,. ► 59 W : , or leis, to the 3::o re_ine of the Day of : c. cc. w� •: -cr tie .shoreline of the Say o:' Flo: iia - f r a 'cu W-e3ter 1y liradtion 2500 feet, more or leis, tc where oaid the geclt Line:' of 'i4cc'.L : bee Oo - :, fil.-n,: the ►a` ?'. lin of :C. :3'' feet, back tc the J i Cr 3xalti.NlNr,, 30.''2 aores , acre or leas . 7 �KEY LARGO SITE LCASE; COMMON FORM T 0 1 his lease Made this � day of EXHIBIT C RAMCO FORM Y! February , A. D. 1979 By and Ntwteft MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, herein called the lessor , and WASTE MANAGEMENT, INC., a Delaware Corporation authorized to do business in the State of Florida, herein called the lessee. , b ftneSSeth,That in consideration of the covenants herein contained, on the part of the said lessee to be kept and performed, the said lessor does hereby lease to the said lessee , the following described property: Situated in the County of Monroe, State of Florida, and known as: A part of the Southeast Quarter (SEA) of the Northwest Quarter (NW4) of-Section Ten (10), Township Sixty (60) South, Range Forty (40) East, described as: COMMENCING at the Northeast corner of said Southeast Quarter (SE 4 1 of the Northwest Quarter (NWh) of Section Ten (10); thence running at right angles westerly fifteen (15) chains; thence at right angleE South ten (10) chains; thence at right angles East fifteen (15) chains; thence at right angles North ten (10) chains to the place of beginning, containing fifteen (15) acres. To �iaue and To hold llte same f or the term of twenty years (20) ten months front the I f aL day of j%&r-&k raeblverry , A. D. 1979 , the said lessee paying fhereforthe y early rent of $1.00 Dollars. And the said Iessee covenant with the said lessor to pay the said rent in annual payments of $1.00 each oil the lst day of each and every year for the said term, the first payment to be made on the 10th (lay of March, 1979 I,) make no unlaupf ill, imp►•oper or offensive use of llte premises: not to assign this lease or to sub- let any pail of said premises without the written consent of the lessor : not to trsc said premises fur any other purpose tltun as an incinerator f landfill site , and to quit and deliver up said premises at the end of said tern► in as flood condition as they fire nour (ordinary we(rr and decay and damage by the elentcr►ts only excepted). And the sirid Icssci hereby covenant s and agrees that if default shall be made in /he paymrnl of the rent - as aforesaid, or if the said lessee shall violate (Ill of the covenants of this terse, them said lessee shall become tenant at sufferance, hereby waiving all right of notice, and the lessor sh(rll be entitled immediately to re- ',tter and re -take possession of the deinisec; premises. ' W "J ltneSS our hands and seals this ,Z7!Z day of February , A. D. 1f) 79 Signed, Sc e ud De . lered in M- Inc of: Att - -- --- - - - - -- - - -- - -- - -- C1 to the Board Atte - - '- - j'`V Sec e" to the STATE OF FLORIDA, COUNTY OF MONROE Or ation MONROE CO Y, /'�ID�A BY: _ - c�E Chairm n of the Board,L' or WASTE AGEMEn, -- INC. - - -- -- - tY: J! /vi�t.G�.F /" -t'C-1 , .-4 (L ) P�sident, /�,dsisee I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared DON SCHLOESSER, RALPH W. WHITE, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. With full power and authority tg_. o so. WITNESS my hand and official seal in the County and State last aforesaid this day of February A. D. 19 79. q__L&_C - -- . N ary Publ c - State of Florida At Large los Instrument prepared by: NOTARY PUBLIC STATE OF FLORIDA AT Leor"# 3W DOCUMENT, PREPARED By 4mfij MY COMMISSION EXPIRES APRIL 21 1980 1(TT.ORNRY AT LAW RICHARD 4, RAYNF: BONDED THRU GENERAL INS. UNDERWRITERS. P. O. BOX 580. KEY WEST. FLORIDA • CONST PERFORMANCE BOND STATE OF FLORIDA) )SS COUNTY OF MONROE) BOND NO. 2882371 KNOW ALL MEN BY THESE PRESENTS THAT WASTE MANAGRqNT, INC. 900 Jorie Boulevard, Oak Brook, Illinois 60521 as Principal, and SAFECO INSURANCE COMPANY OF AMERICA 29 North Wacker Drive, Chicago, Illinois 60606 a corporation organized under the Laws of the State of Washington with its home office in the city of Seattle as Surety, (said Principal and said Surety hereinafter collectively being referred to as Obli- gor), are held and firmly bound unto Monroe County, Florida acting by and through t BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, and their successors in office, hereinafter called the Obligee, in the sum of $250,000.00 lawful money of the United States of America, for the payment whereof to the Obligee, the Principal and Surety respectively bind themselves, their successors, heirs, and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 12th day of January 19 79. WHEREAS the Principal and Obligee have entered into a written contract, for the design, financing, construction and operation of Solid Waste Disposal System .W Monroe County, Florida as evidenced by contract and plans and specifications made a part thereof, en- T tered into between the Principal and the Obligee on the of d^e&_ 19 " 77 , a copy of which contract may be attached hereto and is hereby referred to and made a part thereof. CPB -1 802- 042.00 Construction Performance Bond NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall in all respects comply with any of the terms of the con- tract, then this obligation shall be void; otherwise it shall remain in full I force. THIS BOND shall also be security for the performance by the Principal and Surety of the following additional covenants and obligations, and the recitals and references herein contained shall constitute a part of this Bond and obli- gation: 1. Said Principal; (contractor) shall well and truly perform, carry out and abide by all the terms, conditions and provisions of said contract and de- sign and build complete the structures therein specified in accordance with the terms thereof, and shall-repay to and reimburse to the said Monroe County, Florida, promptly upon demand, all sums of money, each and every, reasonably paid out or expended by the said Obligee on account of the failure and /or re- fusal of said contractor to carry out, do, perform, and /or comply with any of the terms and provisions of said contract at the time and in the manner there- in provided. 2. The Principal will make payments to all persons supplying the Prin- cipal labor, material, and supplies used directly or indirectly by the Prin- cipal or any subcontractor or subcontractors of the Principal in the Prosecu- tion of the work provided for in said contract. 3. Each and every person, natural and artificial, for whose benefit this bond has been executed as disclosed by the text of this bond, and of said contract, specifications, drawings and all papers, and of said agreement and instruments attached and made a part of said contract, and each and every per- son, natural and artificial, supplying labor, material, or supplies in further- ance of said contract, shall have the same several rights of suit or action CPB -2 802 - 042.60 Construction Performance Bond upon this bond as if he or thev were the Obligee or Obligees herein specifically mentioned, and the obligations hereof shall be several as to the rights of said persons or said Obligees hereof. 4. In each and every suit brought against the Obligor upon this bond in which the plaintiff shall be successful, there shall be assessed therein against the Obligor herein in favor of the plaintiff therein, reasonable counsel fees, which the Obligor hereby expressly agrees to pay as Dart of the cost and expressly agrees to pay as part of the cost and expense of such suit. PROVIDED, HOWEVER, the aggregate liability of the Surety hereunder for any and all claims and /or claimants hereunder shall be limited in total to the sum of $250 ,000.00. IN WITNESS UHEREOF, the said Principal and said Surety hereto have caused these presents to be executed this 12th_ - day of - January �la 79 ' WITEN THE PRIN_CI_ IS AIM IN Signed, sealed and delivered in the presence of- - -- _ -- -- (t•litness) (Signature of Individual) (Printed Name of Individual) WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES TINDER A TRADE N AME Signed, sealed and delivered in the presence of: (Witness) - - - - - -- _ vid ( SEAL) (Witness) — — (Signature of Indival) CPR -3 802 - 042.00 Construction Performance Bond Signed, sealed and delivered in the presence of: (Name of Firm) A Partnership By Partner WHEN THE PRINCIPAL IS A CORPORATION: (Correct Name of Corporation) By 6'__ H. W , Htuzenga P sident (Corporate Seal) SAFECO INSURANCE COMPANY OF AMERICA COUNTERSICNED BY: (Name of Surety) 29 N. Wacker Drive Chicago, Illinois 60606 D. W. Matson, Jr. Miami, Florida (Address of Surety) BY �", /V-1 0 '7N - -� t: t' , w Jil M. Versell, Attorney —in —fac NOTE: If both principal and surety are corporations, the respective cor- porate seals should be affixed and attached. CPB -4 802= 042.00 Secretary Construction Performance Bond CERTIFICATES AS TO CORPORATE PRINCIPAL I, Peter H. Huizenga , certify that I am the secretary of the corporation named as principal in the within bond; that H. Wayne Huizeng , who signed the said bond on behalf of the principal, was then President of said corporation; that I know his signature, and his signature thereto is genuine- and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. ILLINOIS. STATE OF ) DU PAGE) SS COUNTY OF $ ) Before me, a Notary Public duly commissioned, qualified and acting, per- sonally appeared; Jane M. Versell to me well known, who being by me first duly sworn upon oath says that he is the attorney -in -fact for the SAFDCO INSURANCE COMPANY OF AMERICA and that he has been authorized by SAFECO INSURANCE COMPANY OF AMERICA to execute the foregoing bond on behalf of the Contractor named therein in favor of Monroe County, Florida. Subscribed and sworn to before me this 12th day of January , A.D. 19 79. Notary Public, State of F rida at Large My Commission expires / CPB -S 802 - 042.00 • POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA �J SEATTLE, WASHINGTON 98185 SAFECO No. KNOW ALL MEN BY THESE PRESENTS: 4563 That Safeco Insurance Company of America, a Washington corporation, does hereby appoint DONALD. S. HAUFE; NANCY B. COONS; JANE M. VERSELL, Oak Brook, Illinois its true and lawful attorney(s) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its buiness, and to bind Safeco Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office, in amounts or penalties not exceeding the sum of: TWO HUNDRED FIFTY THOUSAND DOLLARS AND N01100 DOLLARS($ 250,000.00 ) IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and attested these presents this 23rd day of _Septpmbpr , 19_16 W. D. HAM. ERSLA,SECRETARY GORDON H.SWEANY, PRESIDENT CERTIFICATE Extract from the By -Laws of Safeco Insurance Company of America: "Article VI, Section 12. — FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of Safeco Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 12 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, W. D. Hammersla, Secretary of Safeco Insurance Company of America, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation Comp, this 12 th day o Janus ' 19 - 19 — . ZS G �RPORg l � 0,�. H SEAL c� W. D.HAMMERSLA, SEG RETARY �l9lF F WAS S -1302 R1 10/75 PRINTED IN U.S.A. W Cpl r_ G € V V .e. LL 00 r� 1. .� LIJ ^� . l T" YI ~ � `� `5 W � U I •� a � k L G pq@ •.�• �� f] LO a o f r1 f.i t � `! O _ I H cq � t— N a v a a: oa �° c±' �. �® Q a d3w� z t. z o �� z w w w a �� p� aitil� co Q w co� cJ o caw 0.q: a va' a.Y `� z� a �� Y t Y, `rte w I J Ra li Q Q Q] �_ lots J C�1 0. Y J H J to LL Q J Q • N m !./? _� J a _, � tt. � W . 0. t yk;b i + F OPERATIONAL PERFORMANCE BOND BCND NO. 2882371 KNOW ALL MEN BY THESE PRESENTS, That `GSM MA QA( , INC. 900 Jo Boulevard Oak Brook, Illinois 60521 as principal, and S UIM INSURANCY, CCMP -NW CF ACA 29 N. Wacker Drive, Chicago, Illinois 60606 a corporation organized under the Laws of the State of W ashington with its home office in the City of Seattle , as Surety, are held and firmly bound unto Monroe County, Florida, acting by and through the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, and their suc- cessors in office, in the sum of ($250,000.00) lawful money of the United States of America, for which payment well and truly to be made, the Principal and Surety respectively bind themselves, their successors, heirs and assigns, ' jointly and severally, firmly by these presents. Signed, sealed and dated this 12 th day of January 19 WHEREAS the Principal and Monroe County have entered into a written con- tract for the design, financing, construction and operation of Solid Waste Disposa Sys Monroe C F lorida as evidenced by Contract, Plans and Specifications made a part thereof, en- 5t- tered into between the Principal and Monroe County on the day of 19_2!1_, including the posting of a Construction Performance Bond. The areas and nature of the work covered by the Operational Performance Bond shall be as described in detail in these Contract Documents. �4 OPB -1 802- 042.00 Operational Performance Bond NOW, THEREFORE, the conditions of the obligations are such, that if the Principal shall in all respects comply with the operational terms and condi- tions of these Contract Documents, for the period of time therein specified, and shall in every respect fulfill his obligations thereunder, this obliga- tions shall be void; otherwise, the same shall remain in full force and vi- rtue. The Principal and the Surety jointly and severally agree that said County shall have the right to operate, or pursuant to public advertisement and receipt and acceptance of bids, cause the facility to be operated in case the Principal should fail, default or refuse so to do in accordance with the operational terms of said Contract, and in the event that said County should exercise and give effect to such rights, the Principal and the Surety shall be jointly and severally liable hereunder to pay to, and indemnify the County the final total cost to the County thereof, including, but. not limited to, en- gineering, legal and contingent costs and expenses, together with any damages, either direct or consequential, which the County may sustain on account of the failure of the Principal to carry out and execute all the operational provi- sions of said Contract. In the event suit is instituted against the Principal and Surety upon this bond in which the Plaintiff shall be successful., there shall be assessed therein against the Principal and Surety herein, in favor_ of the Plaintiff therein, reasonable Counsel fees which the Principal and Surety hereby ex- pressly agree to pay as part of the cost and expense of such suit. OPB -2 802- 04.00 t Operational Performance Bond IN WITNESS WHEREOF the said Principal and said Surety hereto have caused these presents to be executed this 12th day of January , 19 79 . WHEN THE PRINCIPAL IS AN INDIVIDUAL Signed, sealed and delivered in the presence of: (SEAL) (Signature of Individual) (Witness) (Witness) (Printed Name of Individual) - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRAD NAME Signed, sealed and delivered in the presence of: (Witness) . (Name of Firm) (Witness) (SEAL) (Signature of Individual) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEN THE PRINCIPAL IS A PARTNERSHIP Signed, sealed and delivered in the presence of: (Witness) (Name of Firm) A Partnership BY: (Witness) (Partner) OPB -3 802 - 042.00 ` t WHEN Operational Performance Bond R Rn r' e+W6 5 V y . er . uiz star Secre COUNTERSIGNED BY: (Correct ame of Corporation) BY: Wa a izenga Pr s ent (Corporate Seal) D. W. Matson, Jr. Miami, Florida SAFECO INSURANCE O CHPANY OF AMERICA (Name of Surety) 29 N. Wacker Drive Chicago, Illinois 606 (Address of Surety) BY: U a ne M. Versell, Attorney —in —fact NOTE: If both principal and surety are.corporations, the respective corporate seals should be affixed and attached. OPB -4 802- 042.00 ' Operational Performance Bond r' CERTIFICATE AS TO CORPORATE PRINCIPAL I, Peter H. Huizema , certify that I am the secretary of the corporation named as principal in the within bond; that H. Wayne Huizenga , who signed the said bond on behalf of the principal, was then President of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. ILLINOIS STATE OF ERSYMM ) DU PAGE) SS COUNTY OF WWW ) Before me, a Notary Public, duly commissioned, qualified and acting, per- sonally appeared: Jan M. Versell to me well known, who being by me first duly sworn upon oath says that he is the attorney -in -fact for the SAFECO INSURANCE COMPANY OF AMERICA and that he has been authorized by SAFEC O INSURANCE COMPANY OF AMERI to execute the foregoing bond on behalf of the Contractor named therein in favor of Monroe County, Florida. Subscribed and sworn to before me this 12th day of January A.D. 19 79 N otary Public, State o at Large Illinois My Commission expires G��.c,c1�;r0 OPB -5 802 - 042.00 SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 4563 KNOW ALL MEN BY THESE PRESENTS: That Safeco Insurance Company of America, a Washington corporation, does hereby appoint DONALD S. HAUFE; NANCY B. COONS; JANE M. VERSELL, Oak Brook, Illinois - - -- its true and lawful attorney(s) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its buiness, and to bind Safeco Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office, in amounts or penalties not exceeding the sum of: TWO HUNDRED FIFTY THOUSAND DOLLARS AND N01100 DOLLARS($ 250,000 00 ) IN WITNESS WHEREOF, Safeco Insurance Company of America has executed and attested these presents this 23rd day of September 19_76 W. D. HAMMERSLA, SECRETARY GORDON H. LN1ENT CERTIFICATE Extract from the By -Laws of Safeco Insurance Company of America: "Article VI, Section 12. — FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile..On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of Safeco Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 12 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, W. D. Hammersla, Secretary of Safeco Insurance Company of America, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SCE co PORgT�rp this 12th day of January ' 1979 . SEAL N � sT 19 W.D HAMMERSLA, SECRETARY 9lF OF WASH \N S -1302 R1 10/75 PRINTED IN U.S.A.