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Home My Public Portal About2015 Annual Performance Bond.tifAnnual Performance Bond Bond No. K09320490 KNOW ALL MEN BY THESE PRESENTS, that we, Southern Waste Systems, LLC , as Principal, (hereinafter called the "Principal"), and WESTCHESTER FIRE INSURANCE COMPANY. (hereinafter called the "Surety"), are held firmly bound unto Village of Key Biscayne as Obligee, (hereinafter called the "Obligee"), in the maximum penal sum of Six Hundred Ninety Nine Thousand Six Hundred Sixty and 00/100 and no/100 Dollars, ($ 699,660.00 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, assigns, jointly and severally, firmly by these presents. WHEREAS, the above bound Principal has entered into a certain written contract with the above mentioned Obligee described as: Collection, Transportation and Disposal of Solid Waste and Recycling Services for Residential dated October 1, 2015 , contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of only one year. NOW, THEREFORE, the condition adds obligation is such that, if the Principal shall indemnify the Obligee for any and all loss that the Obligee may sustain by reason of the Principal's failure to comply with the terms and conditions of said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that: 1. The term of this bond is for the period commencing October 1, 2015 and expiring on October 1, 2016 , unless released by the Obligee prior thereto. However, the tern of this bond may be renewed for an additional one-year period(s) by the issuance of a Continuation Certificate by the Surety. 2. Neither nonrenewal by the Surety nor failure of the Principal to provide the Obligee with a replacement bond shall constitute default under this bond. 3. In the event the Principal shall be declared by the Obligee to be in default under the Contract, the Obligee shall provide the Surety with a written statement setting forth the particular facts of said default no later than thirty (30) days from the date of said default, which notice shall be sent to the Surety by registered mail to the address in stated in Section 6 below. 4. The Surety will have the right and opportunity, at its option, and in its sole discretion, to: a.) cure the default b.) assume the remainder of the Contract and to perform or sublet same; c.) or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the Contract price up to an amount not to exceed the penal sum of the bond. In no event shall Surety be liable for fines, penalties, liquidated damages or forfeitures assessed against the Principal. 5. The Obligee's acceptance of this bond and reliance upon it as security constitutes its acknowledgement and agreement as to the terms under which it is offered and issued by the Surety. 6. All notices, demands and correspondence with respect to this bond shall be in writing and addressed to: The Surety at: 436 Walnut Street WA1OF, Philadelphia, PA 19106 The Principal at: 2380 College Ave., Davie, FL 33317 The Obligee at: 88 W McIntyre St., Suite 220, Key Biscayne, FL 33149 SIGNED, SEALED AND DATED this 23rd clay of September 20 15 Principal: Southern Waste Systems, LLC Byi Title: cep Si ety: WE ' ST E. Timothy Kenneally E COMPANY ey-In-Fact LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT STATE OF KLA121?j� COUNTY OF of* On this 230 day ofJ , 2015, before me perso a eared CHAELCS GUSM 4 n to me known to be a CEO L(M TE JY, Liability Company executing the foregoing instrument and acknowledged said instrument to be the free arid voluntary act and deed of said Limited Liability Company, for the users and purposes therein mentioned and on oath stated signed the instrument by authority of the Limited Liability Company's operating agreement. IN WITNESS WHEREOF, I have hereunto set my hand affixed my OFFICIAL SEAL, the day and year first written above, (SEAL) Public, residing at My Commission Expires 4Y'-'08 CANOIE M COLLINS ?o. 0 : Notary Public - State of Florida Commission M FF 210661 ,,,, My Comm. Expires Apr 3, 2019 tdyBonded through National Notary Assn. ACKNOWLEDGMENT BY SURETY STATE OF NEW YORK ) ) ss. County of NASSAU ) On this 93rd day of S pi ber 2015 before me personally appeared E. Timothy Kenneall y , known to me to be the Attorney -in -Fact of , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. Notary Public in the State of New York County of Nassau FRED NASIH ROE Notary Public, State of New York No. 01RO-4815494 Qualified in Nassau County Commission Expires July 1, 2019 Power of Attorney WESTCHESTER FIRE INSURANCE COMPANY Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution, adopted by the Board of Directors of the said Company on December 11, 2006, to wit: 'RESOLVED. Mat the following autlonntions 101310 to the execution. for and on behalf of the Company, of bonds. undertakings. re4agnizatices, 00010ds and other xnnen e.o.mna of the Company entered into the ordinary course of business (nch a 'W'nnen Commitment'): (1) Each of the Chairman. the President and the Vice Residents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company. under the seal of the Company or otherwise. (2) Each duty appointed atomey.in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of Company, under the seal of the Company or otherwise, to the eon, dui such action rs authorized by the gran of powers provided for in such persons written appointment as such ertomeyen-fn,. (r) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized for and on behalf of the Company, o appoint in writing any person dieanomey-imAct of the Company with full power and authority o execute, for and on behalf of the Company, under the seal of the Company or otherwise. such W nnen Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of W rinn Commitments or by specification done or more particular Written COMIII tmnta. (4) Each of the Chairman, the President and Vice Presidents of the Company in hereby authorized, for and on behalf of the Company. to delegate in wrong any other officer of the Company the3udwnyo execute, for and on behalf of the Company. under the Company's seal or otherwise, such Written Communion's of the Company as are specified in such written delege000. which specification may be by general type or class of Written Commitments ea by specification claw or more partialar Wnnen Commitment. (5) The signature of any omcar or dher person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and dm seal of the Company, may be affixed by facsimile on such Wnnn Commitment or written appointment or delegation. FURTHER RESOLVED, that des foregoing Resolution shall not be deemed to ben exclusive statement of the powers and authority of officers, employees and other persons o act for and on behalf of the Company, and such Resolution shall not limit or Otherwise affect the exercise of any such power or authority otherwise validly Wanted or vested. Does hereby nominate, constitute and appoint E. TIMOTHY KENNEALLY, EILEEN DUNHAM, PATRICIA: VON POSCH, RICHARD K KAINZ, all of the City of.:. LAKE SUCCESS, New York, each individually if there be more than one named, its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding Five million dollars & zero cents (55,000,000.00) and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, M WITNESS WHEREOF, the said Stephen M. Harley, Vice -President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 18 day of December 2014. WESTCHESTER FIRE INSURANCE COMPANY Stephen M. Haney, Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 18 day of December, AD. 2014 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M. Haney ,Vice -President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed tothe preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. teJ., Krh' F, *.• c4;t.Y6• COW0NWtA,Tm orpl,aaret AIW NOTARIAL SEAL KARENP8.RdaA�NeBITT. yaPuutbttk earellIAy Carolinian Eaaaa S4pt M, 2010 Vwerr Wink I, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this234gy or September, 2015 �deotn %' /01 A W'ihlvm L Kel:y. AsaiNanl 'x'amy THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER October 21, 2015. tae ae� DocuGard #04546 contains a stability pantograph, blue kackground, heat -sensitive 1110. coin -reactive watermark, and microtext printing on border WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT DECEMBER 31, 2014 ADMITTED ASSETS BONDS $1,978,280,686 SHORT-TERM INVESTMENTS 14,407,134 STOCKS 3,117 REAL ESTATE 0 CASH ON HAND AND IN BANK (209,597,077) PREMIUM IN COURSE OF COLLECTION' 77,396,247 INTEREST ACCRUED 19,326,013 OTHER ASSETS 132,043,591 TOTAL ASSETS $2,011,859,711 LIABILITIES RESERVE FOR UNEARNED PREMIUMS $185,962,253 RESERVE FOR LOSSES 904,379,052 RESERVE FOR TAXES 2,948,809 FUNDS HELD UNDER REINSURANCE TREATIES 5,973,257 OTHER LIABILITIES 6,538,206 TOTAL LIABILITIES 1,105,801,577 CAPITAL: 70,000 SHARES, $71.43 PAR VALUE 5,000,100 CAPITAL: PAID IN 298,429,489 AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 124,168,040 SURPLUS (UNASSIGNED) 478,460,505 SURPLUS TO POLICYHOLDERS 906,058,134 TOTAL (*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA $2,011,859,711 COUNTY OF PHILADELPHIA John Taylor, being duly sworn, says that he is Senior Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December, 2014. Swom before toe this April 9, 2015 Notary Public ey r Vice President (Le...0 ztia7 4. oO / 5" My corgunission expires WMMON' ef. t�flt OF PENNSYLVANIA Natalia!Seal Diane Wight, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Aug. 8, 2015 MEMBER, PENNSYLVANIA ASSOCSTTON OF NOTARIES