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Bond - CR&R - 2010-07-12 _17a_ VIA EXPRESS MAIL July 15, 2010 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: 7/20/10-7/20/11 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, Roger Bell, R 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 dollar 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 refereed to and made a part hereof as fully and to the same extent is if copied at length herein vith annual enewal at Surety' discretion:and NOW THEREFORE THE CONDITIONS OFTHE ABOVE OBLIGATION IS SUCH,that if the above bounden Pro ipal 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 lc be by the said Principal kept.done and performed.at the time and in the manner u said cone act 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 reimbui se to the above named Obligee.all Ii ss and damage vhich 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 h and is subject to the following conditions and provisions I This bond is for the term beginning July °0, 2010 red ending July .40, 2011 2 In the event of a default by the Principal in thu performance of the contract during the term of this bond,the Surety shall he liable only for the loss to the Obligee due to actual excess costs of the contract up to the termination of this hi id The Surety after investigation,shall with reasonable promptness determine the amount for vhich it may he habit ti the Owner as non as practicable after the amount is determined,tender payment therefore ti the Owner,or find an acceptable principal to complete the contract.This bond does not provide coverage to any ndircct loss or costs incurred by the Obligee including,but not limited to legal fees mrt sts expert fees or interest. No claim,action,suitor pan-ceding.except hereinafter set forth,shall be had or maintained against the Surety on this instrument unles sane 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 m n-renewal by the Surety nor failure nor inability of the Principal to tilt reph cment bond shall constitute loss to the Obligee rec erable undo this bond.not withstanding any language in the contract to the contrary 5. Thu bond may be extended for an additional year at the option of thu Surety by Continuation Certificate executed by thu Surety 6 This ho id shall not be cumulative.Under no circumstances shall the Surety liability exceed the penal sum stated herein. 7 No right of action shall accrue on this bond tom for the use of any person.entity or corporation other than the Oblige named herein and this bond cannot bu assigned to any other party vithout th vritlen co sent of the Su eta Signed and waled this 12th day of July 20 10 CR&R rporat�ed GREAT AMERICAN INSURANCE CO CiPnn,ferree6t, -- Name and Title Attorne)°n-Fact Margareta T Thorsen ©AEA ronmL& ALL 'UFI O A©M©VJLEEMC E 1T State of California County of Los Angeles } On iUI- 1 2 2010 before me, Donna Mac Lellan, Notary Public , Date He Insert Name and Title of the Oflic personally appeared Margareta T Thorsen Name(s)of Sign gs) 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 DONNA MAC LELLAN capacity(ies), and that by his/her/their signature(s) on the Commission# 1824271 instrument the person(s), or the entity upon behalf of �� s Notary Public California Los Angeles County a 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 andof)ficial seal. �o,�0 Signature p""""^' a' 2� tett— — Pia Notary Seal Abe Signalur 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 Signers) Signet's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General [ R ❑ Partner—❑ Limited ❑ General a _ EU Attorney in Fact z P ❑Attorney in Fact Top of thumb here Top of throb her ❑ liustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing: Signer Is Representing' ©2007 Nato at No ery Ps stir 93500e eta At P.O Be 2402.Chats rth CA 913132402• ,Nato elNotaiy rg 9 #590 Re We:Call Toll-Fr 1-000-8766827 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. 014123 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,each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on 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 ARCADIA, $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 hereurto affixed this S" day of FEBRUARY 2010. Attest GREAT AMERICAN INSURANCE COMPANY -I t .l STATE OF OHIO,COUNTY OF HAMILTON ss. DAVID C.KITCHIN (513-012-0602) On this 5i° day of FEBRUARY 2010, 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 sail 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. t[ I GROSP.E I I VFUS!IC,Si-.iECF fl: 'U _ i. 1 D: IS.,lo l Exr r6(12 2th i- I 1 This Power of Attorney is granted by authority of the following resolutions adopted by the Boani of Directors of Great American Insurance Company by unanimous written consent dated March 1,1993. RESOLVED:That th Di Lynn President,the Division Senior V President,the sev ral Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them,be and hereby is authorized from at to time to appoint 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 write obligations in the natu thereof to prescribe the spectrve duties and the respective limits of thei authority, and to revoke any such appointment at any tie RESOLVED FURTHER:That the Company eal and the ignatu of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company lay be affixed byfacsi ite 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 vhe so used being hereby adopted by the Company as the original signature of such officer and the original eal of th Company,to be valid and binding upon the Company with the sat force and effect as though manually affixed CERTIFICATION I,STEPHEN C.BERAHA,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 Lune 9 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of JUL 1 2 2010 i S1029V(10/08) State of California ) CALIFORNIA ALL-PURPOSE County of ()ran CERTIFICATE OF ACKNOWLEDGMENT ■ On J yl\x/ I I{ `,LOT O before me, kJ Wt u\. A u, eY) \30 v-L, IPLW n (her fin e4 rid title of th, ofricler) personally appeared G,i�'1-otrcl RrherY konvtetnbetrc\___ a 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 came 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,e,ecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct KIM U. NGUYEN COMM.# 1695859 i • �m s%+.�- NOTARY PUBLIC CALIFORNIA WITNESS my hand and official seal. ? ". ' ORANGE COUNTY My Comm.Expires Sept 26,2010 • Y Yv Signature (cIlvid/rkMn (Seal) OPTIONAL INFORMATION 4lthough the information in this section is not required by law,it could prevent frauaulent 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 s_'ilaf 6; -;y riM ;..;mo )? The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification (� Proved tore m the basis of atisfactoryevidence: titled/for the purpose of nf•• j� eYiCq , S. ('061 — �1 ?Jo . � fc r(s)ofidennfi atio O 'edible aitnesges) RRheuxk \e Per ohmatice wr2 . C3; SCR LI Notarial event is detailed in notary journal on. • containing pages,and dated 07/14 /0 Page It erary# The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact C)natrvock l ❑ Addl al Sign r(s) ❑ ign r(s)Thu 76pi r(s) Corporate Officer(s) ntle(:) ❑ .1 ❑ Guardian/conservator ❑ Partner Llmrted/General ❑ Trustee(s) ❑ Other: - representing: Name's)of Pe n(s) En ty0 s)Sign Is Rep g ®lop)ngh 2007140 ry Ro In 92529th De Wok IA 50312 612 t rm ACK03 10/07. To de all oil-rr 1-917-3496588 the In t hap/A rye ty