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HomeMy WebLinkAboutExhibit 10PAYMENT BOND Bond # 5023976 Know all persons by these presents, That we Waste Services of Florida, Inc. of 5002 T-Rex Avenue, Suite 200, Boca Raton, FL 33431, hereinafter referred to as the Principal, and Bond Safeguard Insurance Company, of 631 Shute Lane, Old Hickory, TN 37138, as Surety, are held and firmly bound unto The City of. Miami of 444 Southwest 2nd Avenue, 61h Floor, Miami, FL 33130, hereinafter referred to as the Obligee, in the sum of One Million, Eight Hundred Thousand and no/100ths Dollars ($1,800,000.00), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. Whereas, Principal has entered into a contract with Obligee dated day of , 20_ for Commercial Solid Waste Collection Franchise, copy of which contract is by reference made a part hereof. Now, Therefore, if Principal shall, in accordance with applicable Statues, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced there under {A) After the expiration of one (1) year following the date on which Principal ceased work on said contract is being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (B) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project or any party thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Signed, Sealed and Dated this 26th day of February, 2007. WASTE SERVICES OF F ORIDA INC. BY: BOND SAFEGUARD INSURANCE COMPANY id G. Jen en/%ttorney-in-Fact POWER OF ATTORNEY AO 4 2 5 8 2 • • Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: David G. Jensen, Maryann Carafello, Brandy L. ******************************************************************************************************* its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute Through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -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. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be, revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 71h day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, dic depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation desorlbed in and whicf- executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-law: of said corporation. "OFFICIAL SEAL" MICHELE KOLLER Notary Public, State of illinols My Commission Expires 08128107 CERTIFICATE /,/%21 40 t, Michele Koller Notary Public I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBI CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not beer revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 05GC Day , 20 d 7 Donald D. Buchanan Secretary