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Bond - CR&R - 2006-07-20VIA EXPRESS MAIL August 29, 2006 Mr. Thomas Fauth Assistant Manager Costa Mesa Sanitary District 628 West 19th Street Costa Mesa, CA 92627 RE: CR &R Incorporated Performance Bond No. 6338684 Bond Term: 7/20/06 - 7/20/07 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, /�ogerBell Insurance Coordinator /Claims Administrator /rb Enclosure CR &R INCORPORATED 11292 WESTERN AVE. P.O. BOX 125 STANTON, CA 90680 800, 826.967 7 714.826.9049 714.890.6347 Fax WWW.0 FIR INC. NET °s V, 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 andjust penal sum of - F ' ifty Thousand and no /100s * * * * * * * * * * * * * * ** ($50,000.00 ) dollars to the payment o 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 District 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 term beginning July 20, 2 0 0 6 and ending July 20, 2 0 0 7 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 tern 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 24th day of August , 20 06 JURAT` State /Commonwealth of Vaa ss. County of 54L Subscribed and sworn to (or affirmed) before me this day of A Vf�" _, 9, 10 -'Q , by Date Month Year Name of Signer #1 / l2) GHANSITYAM V. PATEL Name of Signer #2 Commission # 1374932 Z i w Notary Public - California D Orange County � -,n : � 2 f 0,' V, I My Comm. EXpUesSep 15, M Signature of Notary Public � Place Notary Seal and /or Any Stamp Above Other Required Information (Printed Name of Notary, Residence, etc.) OPTIONAL Though the information in this section 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 TO of thumb here TO of thumb here another document. Description of Attached Document Title or Type of Document: Y, A_� Li aj"A� �Je_S�rer �.ti•c�e Document Date: �Ll — —Number of Pages: Signer(s) Other Than Named Above: 0 2002 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Item #5914 Reorder: Call Toll -Free 1 -800 US NOTARY (1 -800- 876 -6827) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES AUG 2 4 2008 On Date personally appeared ss. before me, DONNA MAC LELLAN, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public ") MARGARETA T. THORSEN Name(s) of Signer(s) LXpersonally known to me ❑ proved to me on the basis of satisfactory evidence DONNA MAC LELLAN Commission # 1529221 Z Z Lei Notary Public California Los Angeles County My Comm. Expires Dec 21, 2008 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. WITNESS my hand and official seal. 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 9 Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 - vrww.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827 • • • GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • 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 THESE 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 attomeyin -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all 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 limit 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 2nd day of, AUGUST , 2006. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513 -369 -3811) On this 2"d day of AUGUST , 2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, 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 ofsuretyship, 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 affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, 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 of such officer 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. HAYES, 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 this 24th S 1029T (11/01) day of, August 12006 KAREN L. GROSHEIM NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES 02 -20 -11 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 ofsuretyship, 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 affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, 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 of such officer 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. HAYES, 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 this 24th S 1029T (11/01) day of, August 12006