HomeMy WebLinkAboutWaste Pro of Florida Performance Bond Annual Form 2007 03 01
The Hanover Insurance Company
440 Lincoln Street
Worcester, MA 01653
PERFORMANCE BOND
Annual Form
Bond No. 1806698
KNOW ALL BY THESE PRESENTS, That we Waste Pro of Florida. Inc., as
Principal, and The Hanover Insurance Company, of Worcester. MA, authorized to do
business in the State of Florida, as Surety, are held and firmly bound unto City of Winter
Springs. Florida, as Obligee, in the maximum penal sum of Five Hundred Thousand and
00/100 Dollars ($500.000.00), lawful money of the United States of America, for which
payment well and truly to be made we bind ourselves, our heirs, executors and assigns,
jointly and severally, firmly by this Surety Bond.
WHEREAS, the Principal has entered, or is about to enter, into a written agreement with
the Obligee to perform in accordance with the terms and conditions of the Solid Waste
Agreement, (hereafter referred to as the Contract), said Contract is hereby referred to and
made a part hereof,
NOW THEREFORE, the condition of this obligation is such that if the above named
Principal, its successors and assigns, shall well and truly perform its obligations as set
forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain
in full force and effect pursuant to its items.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the
following express conditions:
1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective
for the definite period of March 1. 2007 to March 1. 2008. The Bond may be
extended, at the sole option of the Surety, by continuation certificate for
additional periods from the expiry date hereof. However, neither: (a) the
Surety's decision not to issue a continuation certificate, nor (b) the failure or
inability of the Principal to file a replacement bond or other security in the event
the Surety exercises its right to not renew this Bond, shall itself constitute a loss to
the Obligee recoverable under this bond or any extension thereof.
2. The above referenced Contract has a term ending March 1. 2013. Regardless of
the number of years this Bond is in force or the number of continuation
certificates issued, this Bond shall not be extended beyond March 1. 2013, unless
earlier nonrenewed pursuant to paragraph 1 above.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had
or maintained against the Surety on this instrument unless such claim, action, suit
..
or proceeding is brought or instituted upon the Surety within one year from
termination or expiration of the bond term.
4. Regardless of the number of years this Bond is in force or the number of
continuation certificates issued, the liability of the Surety shall not be cumulative
in amounts from period to period and shall in no event exceed the amount set
forth above, or as amended by rider.
5. Any notice, demand, certification or request for payment, made under this Bond
shall be made in writing to the Surety at the address specified below. Any
demand or request for payment must be made prior to the expiry date of this
Bond.
Surety Address:
The Hanover Insurance Company
440 Lincoln Street
Worcester, MA 01653
Claim Department
6. If any conflict or inconsistency exists between the Surety's obligations or
undertakings as described in this Bond and as described in the underlying
Contract, then the terms of this Bond shall prevail.
SIGNED, SEALED AND DATED this 1st day of March, 2007.
Waste Pro of Florida, Inc.
The Hanover Insurance Com any
BY
...
Certified Copy Void Without Hanover Watermark
This Power of Attorne ma not be used to execute an bond with an ince tion date after Jul 1, 2008
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
Raymond J. Garruto, Debra S. Ritter, Ramona Fewell, Arthur Colley, Martin D. Pallaza and/or Brad W. Gibson
.
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of Charlotte, NC and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf,
and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Fifteen Million and No/100 ($15,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby
authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for
and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings
obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such
Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14,
1982 - Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant Vice President, this 15th day of June, 2006.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
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Paul F. Carieo. AIMIlInl VIce Preoldenl
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 15th day of June, 2006, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and
officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance
Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
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My commission expires on November 3, 2011
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said
Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,
granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall
be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such
signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 _
Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 1 st day of March , 2007.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS SAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
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Charles T Wells. Assistant Vice President
Certified Copy Void Without Hanover Watermark
A 9868