Bond - CR&R - 2008-07-20i
VIA EXPRESS MAIL
July 2, 2008
Mr. Thomas Fauth
Assistant Manager -
Costa Mesa Sanitary District
628 West 19t' Street
Costa Mesa, CA 92627 - -
RE: CR&R Incorporated
Performance Bond No. 6338684
Bond Term: 7/20/08-7/20/09
Dear Mr. Fauth,
In accordance with the Franchise Agreement between Costa Mesa Sanitary District and CR&R Incorporated,
enclosed is Performance Bond No. 6338684, in the amount of $50,000.00, for curb side trash collection within
District's boundaries.
Please feel free to contact me if you have any questions.
Regards,
r ager Bell, ARM
Risk Manager
/rb
Enclosure
CR&R INCORPORATED
11292 WESTERN AVE.
P.O. BOX 125
STANTON, CA 90680
800.826.9677
714.826,9049
714.890.6347 Fax
WWW.CRRINC.NET
GREAT AMERICAN INSURANCE COMPANY
Renewable Performance Bond
Bond No. 6338684
KNOW ALL MEN BY THESE PRESENTS: That CR&R Incorporated
(hereinafter called the Principal), and GREAT AMERICAN
INSURANCE COMPANY, 580 Walnut Street, Cincinnati, Ohio 45202 (hereinafter called the Surety), are held and
firmly bound unto Costa Mesa Sanitary District (hereinafter called the Obligee), in the full
and just penal sum of Fifty Thousand and no/100s ************** ($ 50, 000.00 )
dollars to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and
each of their heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned Obligee
for franchise agreement curb side trash collection within the Dist. boundaries
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein
with annual renewal at Surety's discretion: and
NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the above bounden
Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said
contract set forth and specified to be by the said Principal kept, done and performed, at the time and in the manner in
said contract specified to be by the said Principal kept, done and performed, at the time and in the manner in said
contract specified during the term of this bond, and shall pay over, and make good and reimburse to the above named
Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of Principal,
then this obligation shall be void otherwise to be and remain in full force and effect.
PROVIDED, however, that this bond is subject to the following conditions and provisions:
1. This bond is for the tern beginning July 20, 2008 and ending July 20, 2009
2. In the event of a default by the Principal in the performance of the contract during the term of this bond, the Surety
shall be liable only for the loss to the Obligee due to actual excess costs of the contract up to the termination of
this bond. The Surety, after investigation, shall with reasonable promptness determine the amount for which it
may be liable to the Owner as soon as practicable after the amount is determined, tender payment therefore to the
Owner, or find an acceptable principal to complete the contract. This bond does not provide coverage to any
indirect loss or costs incurred by the Obligee including, but not limited to legal fees, court costs, expert fees or
interest.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety
on this instrument unless same be brought or instituted and process served upon the Surety within six months after
the expiration of the stated term of this bond.
4. Neither non -renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall
constitute loss to the Obligee recoverable under this bond, not withstanding any language in the contract to the
contrary.
5. The bond may be extended for an additional year at the option of the Surety, by Continuation Certificate executed
by the Surety.
6. This bond shall not be cumulative. Under no circumstances shall the Surety's liability exceed the penal sum stated
herein.
7. No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the
Obligee named herein and this bond cannot be assigned to any other party without the written consent of the
Surety.
Signed and sealed this 18th day of June � 20 08
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of LOS ANGELES
On JUN 18 2008
Date
before me, DONNA MAC LELLAN, NOTARY PUBLIC
Here Insert Name and Title of the Officer
personally appeared MARGARETA T. THORSEN
Names) of Signer(s)
• DONNA MAC LELLAN
Commission # 1529221 Z
z Notary Public — California A
Los Angeles County
' My Comm. Expires Dec 21, 2008
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature f �
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): El Partner Partner — ❑ Limited ❑ General
& Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
Top .
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
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GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 680 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-6000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than TWO No. 0 14123
POWER OF ATTORNEY
KNOW ALL MEN BY TBESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful
attorneyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and ail bonds, undertakings and contracts of
suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of
suretyship executed under this authority shall not exceed the lirrit stated below.
Name Address Limit of Power
JOHN P. BROOKS BOTH OF BOTH
MARGARETA T. THORSEN PASADENA, $75,000,000.00
CALIFORNIA
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s}in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 2"d day of, AUGUST , 2006.
Attest
STATE OF OMO, COUNTY OF HANUTON - ss:
GREAT AMERICAN INSURANCE COMPANY
DAVID C. KITCHIN (513-69-3811)
On this 2nd day of AUGUST , 2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn,
deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by
like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is
authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and
contracts of suretyship, 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 at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be a fixed by facsimile to any power of attorney or certificate of either given for the execution of any bong undertaking, contract or suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch
officer 4cer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed
CERTIFICATION
I, RONALD C. HAYRS, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed Ns
S 1029T (11/01)
day of, J U N 18 2008 ,
State of California ) CALIFORNIA ALL-PURPOSE
County of CERTIFICATE OF ACKNOWLEDGMENT
_
On d 1 .` tzC before me, 16 wi (,�. ivt �1 to Ir °p(Jul-
(h'ere Wsert Yame and title of the offic r)
personally appeared 3
who proved to me on the basis of satisfactory evidence to be the person(Q whose name(s)I(�)are subscribed to
the within instrument and acknowledged to me that/may executed the same in(!*2�Oher/their
authorized capacity4Lc s, nd that by is hAri.�.t�;T-signature(&)-on the instrument the person(s), or the entity
upon behalf of which the person(ts cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
F
Signature
J
OPTIONAL INFORMATION
,... KIM U. NGUYEN
COMM. # 1695859 z
Z ' KOTARYPUBUC - Ot:.LIFORNIA�
aRn couINI-Y
?.9y O, mm. %6 2010
(Seal)
Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of aedf 1t*('CCtc) , U,b 0
— 11 k IC J_A 310 glotrivCtlaco Vn!A -#--- 62 ? SC &q
containing �_ pages, and dated 18
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
Corporate Officer(s)
Title(s)
❑ Guardian/Conservator
❑ Partner -Limited/General
❑ Trustee(s)
❑ Other:
representing: C q y_o r'( � e
Name(s) of Person(s) or E tity(ies) Signer is R presenting
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
Lo form(s) of identification Q credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s)
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