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Insurance - CR&R - 2011-07-14 GREAT AMERICAN INSURANCE COMPANY Renewable Performance Bond Bond No. 633868, 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 (550.000 00 ) dollars tr the payment if which sum,well and truly to be made the said Principal and Surety b nd themselves and each of their het administrators executors,and assigns jointly and severally firmly by these presents. WI IEREAS.the aho, bounden Principal has entered into a certain vritten contract 'nth the above mentioned Obligee for franchise agreement curb side trash collection within the Dist boundaries vhich contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at Ienath herein nth annual renewal at Surety's discretion: and NOW TI IEREFORE THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH,that it the above b tonden Principal shall ell and truly keep.do and perform,each and ee cry all and singular,the matters and things it rid 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 a he by the said Pri icrpal kept.di ne 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 m the part of Principal. then this obligation shall b void other vrs to be and remain in full force and effect. PROVIDED,however.that this bond is subject to the following conditions and provisions I This bond is for the term beginning July 20 r l and ending July 20 012 2 In the event of a default by the Principal in the performance of the contract during the term of this bond,the Surer shall be liable only for the loss to the Obligee due to actual excess costs of the contract up ti the termination of this bond The Surety after investigation,shall with reasonable promptness determine the amount for vhieh it may be liable to the Owner as oon as practicable after the amount is determined,tender payment therefore to the Owner,or find an acceptable principal to complete the contract.Thi bond does not provide coverage to any indirect los or sts incurred by the Ohlieee including,but not limited tc legal fees curt cc sts expert fees o interest 3 Ni claim,action,suit or proceeding,except as hereinafter set forth,shall be had or maintained against the Sr rety on this instrument unless 'arse be bra fight or instituted and process served upon the Surety vithm 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 reco crable under this bond,not withstanding any language in the contract It the contrary The bond mt be extended for an additional year at the option of the Surety be 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 am person,entity or rporation tithe than the Obligee named herein and this bond cannot be assigned to any other party without the ii•iticn consent of the Surety Sid,ned and scaled this 14th day of July 20 11 CR&R Incorporated GREAT AMERICAN INSURANCE CO P ip, � BY• /l/ --- Name and Title Atton.—'n-Fact Margareta T Thoi-en -- CAL5PORMA ALL-PURPOSE A©KNOWLED MENT State of California County of Los Angeles On 7/1 4/1 1 before me, Donna Mac Lellan, Notary Public Date He In art Name and Title of the Oftic personally appeared Margareta T Thorsen Name(s)of Signer(s) 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 DONNA MAC LELLAN he/she/they executed the same in his/her/their authorized • '. Commission # 1824271 capacity(ies), and that by his/her/their signature(s) on the 41_ f-j) Notary Public California z instrument the person(s), or the entity upon behalf of gip, Los Angeles County ' which the person(s) acted, executed the instrument. My Comm.Expires Dec 21,2012 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 �'" �n144<3) Pie Notary Seal Abe y� p� -ignatu at Notary Publi 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): U Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—0 Limited ❑ General IsraT 14 _ant l Attorney in Fact `f"• iC =� ❑ Attorney in Fact $i'-�° � ^ ' iz El Top of thumb h ❑Trustee Top of thumb h ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing: Signer Is Representing: ?rnois al No ry f sin ti`;n,.Sr FM Bo', 02• J ate TO 91 emne Na alNote It 45907 Pe rde Call Tot-Fr 1-300-876-6827 • • • GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET• CINCINNATI,OHIO 45202 • 513-369-5000• FAX 513-723-2740 The,number of pers n, uthorized by th power of attorney is not more than TWO No.0 14123 POWER OF ATTORNEY KNOW ALL MIEN BY THESE PRESENTS That the GREAT AMERICAN INSURANCE COMPANY a corporation gan zed and existing under and by virtue of the la of the State of Ohio,does hereby nominate,constitute and appoint the person or per ins named below its true and lawful itti eyi -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, ud Compam on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the Unit stated bolo Name Addr ss Limn of Power JOHN P BROOKS BOTH OF BOTH MARGARETA T THORSEN PASADENA, $75,000,000.00 CALIFORNIA Thi Power of Attar let revokes all previous pc tern issued in behalf of tht attorneqs)-In-fact named above IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be sic'ed and attested by its appropriate ovet and its corporate seal he nto affixed this 2'a day of AUGUST 2006 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO COUNTY OF HAMILTON ss' DAVID C KITCHIN (513-369-3611) On this day of AUGUST 2006, before me personally appeared DAVID C KI1'CI IIN,to me knot being duly s4 rn, dep ses and ys that he resides in Cincinnati,Ohio,that he is the Divisional Senior Vice President of the Bond Dit of Great Am can Insurance Company,the Company described in and which executed the above instrument,that he knows th seal of the said Company that the eat affixed to the said Install lent is such corporate seal,that it was so affixed by authority of his off ei,under the By-Laws if said Col tpany and that he signed his name thireto by like authority This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Dr ctnrs ofGreat Ar tencan Insurance Company by unanimous written consent dated March I, 1993 RESOL VEL That the Di President,the several Dim ton Vice P ide its and As stall V Pt de its or try one of th be and hereby is ash _ed,frot 0 to tune to appo it one or tore Attar evs -Fact to eaccutc behalf of th Co many, etv,any and all bonds, ndertakings nd contracts of suretyship, or othe iirater ohli ations th m th of to p cu the th resp co dunes and th espective It its of their authority,and to revoke. iv such appot in it at at ti RESOLVED FURTHER:That th Cc mpa ry d d th tgnan if iy of th afo id officer and any Secretary or As start Secretary of th Company fay be-I d by fa de to Typo ofattor rtf ate of ith given forth execunot of any bond, ndertakr 'tract etyshtp, or oih we obligati the natu th of such sign ata and seal then so used being hereby adopted by th Cot tpanv the mast sal igr atu of s ch — -- office rd the original al of the Cornea iv, to be valid nd hiding tpo the Cot warm mth the force and effect- th ash illy affi eel- CERFIFICATION I,RONALD C HAYES,Assistant Secretary of G eat American Insurance Ci npany do hereby certify that the ft rep ing Power of Attorney and the Resolutions of the Board of Directors of Ma ch 1, 1993 hat not been oked and ar low in full force and effect. � I Sig ledandsealed du 14th day -if July 2011 S 1029T(11/01) State of California ) CALIFORNIA ALL-PURPOSE County of ) CERTIFICATE OF ACKNOWLEDGMENT On 07 I ` 2011 before me, kam a (,t 111A E`a,_1 A `^r Yu p\) 1(her �s rt I 1 d title of the affic personally appeared C(j �rd Roper-i- Roo tnel c(`Je V 0 who proved to me on the basis of satisfactory evidence to be the persons whose name ®i_ -- subscribed to the within instrument and acknowledged to me that T�sltthrey et:ecuted the same ii i1 _- it authorized capacity(igs), and that by4ilk - - ignature4s4-on the instrument the person( or the entity upon behalf of which the persort{s}acted,et:ecuted the instrument I certify under PENALTY OF PERJURY under the laws of the oin paragraph is true and correct. KIM U.NGUYEN State of California that the foregoing g �,�■ Commission at+ 1904761 ti t'- ! Notary Public California z WITNESS my hand and off cial seal. `;?44., Orange County M Comm. to Se 26 2014+ Signature _ •_ ♦ A �•V •51._ (Seal) OPTIONAL INFORMATION Although the information in this section is rot required by aw, it could pr tent fraudulent removal and reattachment of this =knowledgment to an unauthorized documt nt and may prove useful to )ersons relyrna on the attached document. Description of Attached Document ,adaLeion.`1 aora_ 33 � y �_ The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Qeyui.ble PQ(maice_ Proved to me on the basis of-ansfactory evidence 1-0 formrs of'dentin' all Q edible vrtness(cs) GVI"t,ft (16%(66S Notarial vent is detailed in notary journal on containing pages and dated 07J IQI_�pt) Page# Entry# The signer(s) capacity or autl drity is/are as Notary contact ❑ Individual(s) Other III 17 Attorney-in-Fact ❑ Addln al Ign r(s) ❑ Si I(s)Thumbpr nt(s) -orporate Officer(s) (-Inetl r yr Q(� T';le(s) ❑ ❑ Guardian/Conservator ❑ Partner Limited/General ❑ Trustee(s) ❑ Other representing Na eis)of Pe n(s) En /0 s)'rg1 Rept 19 A Copy mill 2007 No ry Rc Is 925 29th St De tic IA 5031 11; Fo ACk03 10NI To he all jII-L -877-349- rt the In hup//• ryr ryc