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HomeMy WebLinkAbout20130436 Ver 1_Monitoring Bond_20140311PERFORMANCE BOND FOR MONITORING Bond No. 22BSBGR5723 The Hartford, Bond, T -4 One Hartford Plaza, Hartford, Connecticut 06155 KNOW ALL MEN BY THESE PRESENTS, that we, Greene Environmental Services, Snow Hill NC, as Principal, and Hartford Fire Insurance Company, licensed to do business in the State of, CT as Surety, are held and firmly bound unto North Carolina Department of Environment and Natural Resources — Division of Water Quality (Obligee), in the penal sum of One Hundred Thousand Dollars & no /100------- - - - - -- ($100,000.00), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. The amount of this bond shall decrement 20% from the original face value for each of the first four years on the anniversary date of the original issue. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Contract (Evans /Ballahack Mitigation Bank in Edgecombe Co. — located within the Tar - Pamlico River Basin in the State of North Carolina, United States Geological Survey (USGS) Lower Tar Watershed (HUC 03020103) with the above named Obligee, effective the 11th day of April, 2013. This bond commences with initiation of the monitoring obligations contained in the above - styled Contract and terminates on the 31st day of October, 2018 (Date monitoring ends). Such monitoring is more fully described in Tasks 4 through 9 of said Contract, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the monitoring, according to Task 4 through 9 stated therein, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee. Notwithstanding the provisions of the Contract, the term of this bond shall apply from October 31. 2013 until October 31. 2014 , and may be extended by the Surety by Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond or any continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 4th day of March, 2014. Witness Green Environmental Services incipal bat f r- -- .Hartfor . Fire Insurance Com an Witness Phoebe Honeycutt, A torney -iqL act I_ � Agreed and acknowledged this day of ck '201 �. y By: Obligee S -5025 (08 -99) Direct Inquiries /Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T -4 One Hartford Plaza Hartford, Connecticut 06155 call: 888 - 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 22- 270197 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies') do hereby make, constitute and appoint, up to the amount of unlimited: Laura Krosky, Sandra B. Byrum, Southgate Jones ill, Angela B. Britt, James P. Carter//, Phoebe Honeycutt, Kenneth J. Peeples, Kitara A. Smith, Heather K. Burroughs, Neil B. Biller, Bobbi D. Pendleton of Durham, NC their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 'INS • -� ! r �Mf ..� -: •w ' v1�e.c.nt'+!� ��olliM► +,•s.. X979 F_ ;° 1979 •� ,'�- ;979 • * �p._'.� �•bt�sN jiA '� Z•P�� � >4'a„''turuK 'imp' ''�:.��`> 0 w. /1 1) - -0-F7 3- Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On this 3`d day of November, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. " Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 4, 2014 . Signed and sealed at the City of Hartford. �yrrry�, �n�vrr �t Y�l7trs � K«� s 10 ?' . r �44 °off e"ro • �` �touo�+ r,�� � ' !�':` 2e•r.ht °!e; ��atM� •,.b 197 p� i _ i° Sy 7 0 .,'_ I949 P • �ks:»:� 'bewsi° ►N'.1 �8 ► ,'ex i� ��5� rn�u�' �y'�rSjs�N. r {r ` V -_ Gary W. Stumper, Assistant Vice President