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O-593-MCITY OF CLERMONT ORDINANCE NO. 593-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A GARBAGE COLLECTION FRANCHISE TO TVM, INC., PROVIDING FOR THE TERM OF THE FRANCHISE AND FOR OTHER PURPOSES CONNECTED WITH A FRANCHISE FOR THE COLLECTION OF GARBAGE WITHIN THE CITY OF CLERMONT. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1. The City, acting by and through its City Council, hereby grants unto TVM, Inc., its successors and assigns, anon-exclusive right and privilege to operate a refuse collection system in, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City, for the purpose of collecting commercial refuse, subject to certain limitations hereinafter set forth. SECTION 2. The rights granted herein shall specifically not include: A. the collection and disposal all residential refuse; B. the collection and disposal of all commercial refuse generated by establishments which: (i) utilize 12 or less refuse cans per pick up each with a capacity not exceeding 30 gallons and/or (ii) require service two or less times per week. SECTION 3. The City hereby grants anon-exclusive franchise to TVM, Inc. and TVM, Inc. will agree to collect and dispose of commercial refuse other than that described in Section 2 of this ordinance under the conditions set forth in this ordinance and in the Franchise Agreement attached hereto and incorporated herein as Exhibit "A". SECTION 4. TVM, Inc. shall be an independent contractor and shall enter into a contract with City that provides, among other things, that TVM, Inc. shall covenant to hold harmless and indemnify the City for any and all damages, including attorney fees, arising out of directly or indirectly and/or by virtue of any claim, whether actual or threatened, of whatsoever nature resulting from the activities of TVM, Inc., its agents, servants or employees, within or without the city limits. TVM, Inc. will, within five (5) days from the adoption of this ordinance, cause to be written a CITY OF CLERMONT ORDINANCE N0.593-M policy of general liability insurance, insuring it and the City against all claims made by any person or persons for personal injuries or property damage incurred in connection with the performance by TVM, Inc. its servants, agents, and employees, of the services required under this ordinance and the franchise hereby granted, which said policy shall be written within limits of $1,000,000 per person and $3,000,000 per occurrence, and for not less than $100,000 for damages to property per occurrence. SECTION 5. TVM, Inc. shall post with the City a good and sufficient cash or surety bond in the amount of $100,000 guaranteeing the faithful performance by it of all of its obligations and covenants under said contract. SECTION 6. This franchise and the contract between the City and TVM, Inc. shall be in full force and effect until June 10, 2009 commencing immediately; and this franchise and contract shall thereafter be automatically renewed from year to year unless terminated by either party upon not less than sixty (60) days written notice. SECTION 7. TVM, Inc. shall pay monthly to the City a franchise fee established by separate resolution of the City of Clermont. SECTION 8. This ordinance and the franchise granted thereby are applicable to all lands lying within the corporate limits of the City and shall be applicable with equal force to any additional lands hereinafter included within the corporate limits of the City, and no such addition of lands or to be excluded from the corporate limits as the same presently exist, shall invalidate this ordinance or the franchise granted hereunder, or constitute a basis for any adjustment to or claim under any contract which maybe executed under the authority of this ordinance. SECTION 9. All ordinances and/or parts of ordinances which are in conflict with this ordinance are hereby repealed and same shall be of no further force and effect. 2 CITY OF CLERMONT ORDINANCE N0.593-M SECTION 10. This ordinance shall be published as provided by law, and it shall become law and take effect upon its second reading and Final passage. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ON THIS 10th DAY OF JUNE, 2008. arold S. Turville, Jr., Mayor ATTEST~f~ i ; ~ ~/~ ~_~ Tracy Ackro d, City Clerk 3 CITY OF CLERMONT NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WASTE CONTAINER COLLECTION AND DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this 10th day of June, 2008 by and between the CITY OF CLERMONT, FLORIDA ("City"), and TVM, Inc., whose address is 7222 Redwing Rd., Groveland, FL 34736 ("Grantee"). RECITALS: WHEREAS, City as a municipal corporation of the State of Florida has the authority and right to regulate the use of public right-of--way and related facilities in conjunction with the commercial activity of the collection and disposal of commercial waste; and WHEREAS, Grantee has requested the City grant to it anon-exclusive franchise right to operate within the incorporated municipal limits of the City of Clermont; and NOW THEREFORE THE PARTIES DO HEREBY AGREE AS FOLLOWS: SECTION 1 DEFINITION. Definitions of terms used in this Ordinance: (a) "Refuse" includes all garbage and other trash generated by citizens of the City and businesses within the City. (b) "Residential Refuse" is that refuse generated by residents of the City. (c) "Commercial Refire" is that refuse generated by commercial and industrial establishments presently operating in the City and any such establishment which may begin operative during the term of the contract contemplated herein. Multi-family residential may be considered commercial use. SECTION 2 GRANT OF FRANCHISE. Pursuant to City of Clermont Ordinance No. 593-M the City hereby grants to Grantee, and the Grantee hereby accepts, anon-exclusive right and privilege to operate a refuse collection system in, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City, for the purpose of collecting commercial refuse, subject to certain limitations hereinafter set forth. 1 SECTION 3 INCORPORATION OF THE ORDINANCE. The Franchise granted hereunder is issued pursuant to and subject to the provisions of the Ordinance No. 593-M as passed on ,hereinafter "the Ordinance". Grantee agrees to comply with all provisions of the Ordinance, as amended from time to time by the City in the lawful exercise of its Police Powers. SECTION 4 COMPLIANCE WITH OTHER FEDERAL, STATE, AND LOCAL REQUIREMENTS. The Grantee agrees to comply with all applicable federal and state laws, rules and regulations. Failure on the part of the Grantee to comply with material requirements of this Agreement, the Ordinance or/and any other local, state or federal law, ordinance, or rule or regulation relating to the collection and disposal of solid waste will result in the cancellation of this Franchise. SECTION 5 INSURANCE, INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND. (a) Grantee shall, within five (5) days from the adoption of this ordinance, cause to be written a policy of general liability insurance, insuring it and the City against all claims made by any person or persons for personal injuries or property damage incurred in connection with the performance by Grantee, its servants, agents, and employees, of the services required under this ordinance and the franchise hereby granted, which said policy shall be written within limits of $1,000,000 per person and $3,000,000 per occurrence, and for not less than $100,000 for damages to property per occurrence. In the event that said policy is ever canceled or terminated, Grantee shall notify City immediately with the name and proof of the replacement insurance carrier and policy. (b) Grantee does hereby agree to indemnify, hold harmless and defend City from any and all causes of actions or claims of ary kind for damages of any kind, including attorney fees, whether actual or threatened, and related in any matter, directly or indirectly to the Grantee's exercise of any rights granted hereunder, either within or without the City limits. (c) Nothing herein shall be construed or act as a waiver of any sovereign immunity the City may enjoy in accordance with applicable law, the protection of which the City expressly reserves. SECTION 6 LIMITATION OF GRANT OF FRANCHISE. The non-exclusive franchise right granted herein is limited by the Ordinance and shall specifically not include the following to the following: 2 (a) the collection and disposal of all residential refuse; (b) the collection and disposal of all commercial refuse generated by establishments which: (i) utilize twelve (12) or less refuse cans per pick up each, with a capacity not exceeding thirty (30) gallons and/or (ii) require service two or less times per week SECTION 7 SERVICE REQUIREMENTS. Any and all services to be provided hereunder by Grantee shall be performed in accordance with applicable professional standards, this Agreement, the Ordinance, and all Local, State and Federal Laws. In addition thereto, Grantee shall act as follows: (a) All commercial waste to be picked up by Grantee will be stored in standard manufactured, mechanically serviced containers approved by the City. Grantee will supply such containers as needed by customers. Location of containers is subject to City approval. (b) Size of containers and frequency of service will be agreed upon by Grantee and each customer. Minimum container size shall be two cubic feet. Containers will be disinfected a minimum of once per week to remove all noxious and/or obnoxious odors. (c) The rates for each individual customer are to be negotiated between Grantee and each customer it serves. The City and each customer shall be notified of any proposed rate change at least sixty (60) days prior to the effective date of the rate change. (d) Grantee, its agents, servants or employees shall collect refuse collected hereunder in enclosed, standard, packer-type vehicles approved by the City, and shall perform their obligations hereunder in a courteous, workmanlike manner so as not to create a nuisance for any of the residents of the City. All such commercial refuse collected hereunder shall be disposed in a lawful manner. (e) Grantee shall have the sole responsibility for the billing and collection of charges provided hereunder. Billings shall be monthly and payable on or before the 15`h day of the succeeding month. In the event bills are not paid within this time, Grantee shall have the right to discontinue service for non-payment. Nothing herein shall be construed or act as an acknowledgement or guarantee by City of any fees or billings owed to Grantee. (f} Collection shall be made during hours as set forth in a schedule approved by the City. All collection will be made as quietly as possible. 3 SECTION 9 PAYMENT OF FRANCHISE FEE. Grantee shall pay monthly to the City a franchise fee established by separate resolution of the City of Clermont. Grantee shall provide an annual audit report to the City showing gross annual billings and receipts, if requested by the City. Fees to be assessed commencing with the first billing of any customer. In the event services have been provided prior to this agreement, all past due fees calculated from the first billing shall be paid within thirty (30) days of this Agreement. SECTION 10 POSTING OF PERFORMANCE BOND. Within thirty (30) days of the execution of this Agreement, Grantee shall provide to the City, and at all times thereafter shall maintain in full force and effect for the term of this Franchise or any renewal thereof, at Grantee's sole expense, a performance bond with a company and in a form approved by the City, in the amount of one hundred thousand dollars ($100,000), consistent with the requirements of the Ordinance and this Agreement. SECTION 11 TERM, TERMINATION AND ASSIGNMENT. This franchise and this Agreement shall be in full force and effect until commencing immediately; and this franchise and contract shall thereafter by automatically renewed from year to year unless terminated by either party upon not less than sixty (60) days written notice sent via U.S. registered or certified mail, return receipt requested, to the other party. This franchise and the contract between the City and Grantee maybe assignable to an affiliated company by Grantee after it has first obtained the consent of the City for such assignment. In the event of default of any of the terms of the Ordinance of this Agreement, City may terminate this agreement after providing to Grantee thirty (30) days written notice and an opportunity to cure. SECTION 12 NOTICE, PROPER FORM. Any notices required or allowed to be delivered hereunder or under the Ordinance shall be in writing and be deemed to be delivered when (1) hand delivered to the official hereinafter designated or (2) upon mailing of such notice when deposited in United States Mail, postage prepaid, certified mail, return receipt requested, Federal Express or courier, addressed to a party at the address set forth opposite of the party's name below, or such other address as the party shall specify by written notice to the other party delivered in accordance herewith: City: City of Clermont Attention: City Clerk 685 W. Montrose Street Clermont, FL 34711 4 Grantee: TVM, Inc. 7222 Redwing Road Groveland, FL 34736 SECTION 13 DISCLAIMER OF THIRD PARTY BENEFICIARIES. This agreement is solely for the benefit of and shall be binding upon the parties hereto and their respective successors in interest. No right or cause of action shall accrue upon, or by reason hereof, to or for the benefit of any person not a party to this Agreement or a successor in interest. SECTION 14 5EVERABILITY. This Agreement is declared by the parties to be severable. SECTION 15 APPLICABLE LAW AND VENUE. This Agreement shall be construed, controlled, and interpreted according to the laws of the State of Florida. Venue for any cause of action hereunder shall be exclusively in Lake County, Florida. SECTION 16 ENTIRE AGREEMENT: MODIFICATION. This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, understandings and agreements. Modifications to and waivers of the provisions herein maybe only by the parties hereto and only in writing. IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement on the date and year first above written. ATTEST: ~ 7 Tracy Ac oyd, City C1 ATTEST: t ~~~ Title: ~~~,~-~D~s~~ CITY OF CL ONT, FLORIDA B. ayor Harold S. Tu ille, Jr. GRANTEE: fV /~ ~``~ t~, By: ~~~h L- Title: 5 ~/15/z00RR 11.91 AM FROM: Pas TO: 13`23992373 FACE: 091 OF 002 ACORDM CERTIFICATE OF LIABILITY INSURANCE o~/i5izo a PRODUCER (813)752-4155 FAX (813)752-7681 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Po el 1 Insurance hh I IOLDCR. TI II ; CCRTIrICATC DOC.^, NOT AMCND, CXTCND OR 503 W. Martin Luther King Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Drawer QQ Plant City, FL 33563-5217 INSURERS AFFORDING COVERAGE NAIC# INSURED TVM , Inc . INSURER A. AmeY'l Cdl'1 Cc'iSU2i~ Ly COI11~aYly 204270 7222 Redwing Road INSVREPB Transportation Ins Company 204940 Grovel and, FL 34736 w_uREPC Continential Casualty Co. 204430 INSURER D. INSURER E I.VVCRNbCJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR DD'L NS TypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MMIDD LIMITS GENERAL LIABILITY 81077088066 07/31/2008 07/31/2009 EACH OCCURRENCE $ 1 QQQ QQQ X COMMERCIAL GENERAL UAEILITV DAMAGE TO RENTED c $ 100 QQQ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5 ~ QQQ A PERSOI~IAL & ADV INJURY $ 1 ~ QQQ ~ QQ GENERAL AGGREGATE $ 1 000 ~ QQQ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS -COMP/OP AGG $ 1 ~ QQQ , QQ POLICY jE7 LOC AUT OMOBILE LIABILITY 81077088083 07/31/2008 07/31/2009 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accdent) 300,000 ALL OWNED AUTOS BODILY INJURY $ SCHED! LED AUTOS (Per person) B X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS [Per accident) i PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ 1NC267218753 03/01/2008 03/01/2009 T T OT WORKERS COMPENSATION AND ORY M ITS R EMPLOYERS'LIABILITY E.L. EACH ACCIDENT $ ZOO,OO ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ ZOO, OOO If yes describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY OMIT $ 500, 000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED 8Y ENDORSEMENT I SPECIAL PROVISIONS ~ nro f^A N(`FI 1 ATIAN l~Cf~ I IrlliM 1 C nvw~~~ - ---- 4LIr1lJLC~ 111.IV ~lC TYC AO~?VG bCCI`RIO CO D~_lLl!`ICC OG CA~I/`CLLCb ~Cr-lIPC T41C EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL lO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, c; t y of Clermont At t n : Denise Noak BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO BOX 120219 OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. Clermont , FL 34712-0219 AUTHORIZED REPRESENTATIVE ~~ Ronald Gaine /PATTY ACORD 25 (2001108) FAX: (352)394-2379 ©ACORD CORPORATION 1988 07/15/2008 TUE 11:59 JOB N0. 5124) ~ 001 Jul, 1~. 2QOE- 1 2~FM F'opp.,il Insu~an.,. In~~, IMPORTANT If the certificate holder is en ADDITIONAL INSURED, the poliay(ies) must be endorsed. A et®tement on this certificate does not confer rights to the cartfflcate holder in lieu of such endorsement(s), if SUBROGATION IS WAIVED, subject to the terms and condltlons of the policy, certain policies may require an endorsement, A statement on thla Cerdflcate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the roverae side otthls form ones not constitute a oontract between the issuing insurer(s), authorized rspre8entatlve o~ producer, and the certificate holder, nor does R affirmatively or negatively amend, extend or alter the covera0e afforded t:y the policies listed thereon. ACORD 25 (2001!08) Nc. 47~~-F, 07/15/2008 TUE 13:33 (JOB N0. 5129 ~I002 CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 3H-779 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article II[, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint Dan R. Walden, M. S. Poppell, Ronald E. Gainey, Colleen J. Bennett, Martha L. Wilkerson, Charles M. Wells or Nieta S. Fike of Plant City, Florida its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TWO MILLION FIVE HUNDRED THOUSAND ($2,500,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 7th day of July, 2005. N Uq ~`~~SEAL~= s SEAL a ~ p s '~ ' ; >~ >........~ W ,N ~ a~ a~- ~~LIO Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 7th day of July, 2005 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says, that he is [he officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. ~ppuM~lly ..dr`+,~~lll l f~~~ yn reair Notary Public in and for County of Butler, State of Ohio My Commission expires August 6, 2007. This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article III, Section 9. Annointment of Attom~s-in-Fact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Companies and the above resolution of their Boards of Directors are true and correct co ies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 3RD day of ~ EPTEMBER ~ Z ~~ H ~~tt f1).III ~P4PH \NSUR„HCn ~t < ; ~'.SEAL'~3 ~ SEAL = a ~ /J~/,/- `/ J/ /~ ~,Mw11IlM My+'~~ \NDIAl~B" /i ~~'7 F ~~ 5-4300 3/99 Assistant Secretary Bond# 3-708-334 CITY OF CLERMONT FRANCHISE PERFORMANCE BOND NON-EXCLUSIVE COMMERCIAL ROLL-OFF SOLID WASTE CONTAINER COLLECTION AND DISPOSAI, FRANCHISE TVM, Inc. of Groveland, Florida, as Principal, and The Ohio Casualty Insurance Company, a corporation created and existing under the laws of Ohio, and duly authorized and licensed to transact business in the State of Florida, as Surety, (hereinafter called "Surety") are bound to the City of Clermont, Florida in the sum of One Hundred Thousand and no/100ths Dollars ($100 000 and for which payment to be made, the Principal and Surety by this bond binds themselves their successors and assigns. THE CONDITION OF THIS BOND IS: WHEREAS, the Principal has entered into a franchise agreement with the City of Clermont dated June 10, 2008 pursuant to City of Clermont Ordinance No. 593-M, said franchise agreement being incorporated herein and becoming part hereof, and, WHEREAS, said franchise agreement requires the holder of the franchise to firrnish a bond with sufficient surety, as approved by the City, conditioned upon the performance of said agreement, and WHEREAS, if for any reason, the Surety Bond is not to be renewed upon its expiration, or it is to be cancelled mid- term, the Surety shall, at least 30 days prior to the expiration date of the Surety Bond, provide written notification by means of certified mail, return receipt requested, to the City Clerk of the City of Clermont, 685 W. Montrose Street, Clermont, FL 34711, that the Surety Bond will not be renewed or that the Surety Bond will be cancelled, and WHEREAS, failure to renew, or cancellation of the Surety Bond shall not, in and of itself, be deemed sufficient reason for the City to perpetrate a claim against the Surety Bond, and WHEREAS, this bond shall become effective on the date executed by the Principal, and shall continue from year to year unless the obligations of the Principal under this bond are expressly released by the Commission in writing or cancelled or not renewed per the terms described herein. Regardless of the number of times this bond is renewed, under no circumstances shall the liability of the Surety under this bond exceed the penal sum shown above. NOW THEREFORE, the Principal and Surety consent to the conditions of this Bond and agree to be bound by them This the 2"d day of September, 2008. TVM, Inc. c~) By: Tire Vandermeer, President The Ohio ual Insu ice Com an • (Surety) By: Ronald E. Ga ey, Attorney- - ct