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Bond - CR&R - 2012-06-19Annual Performance Bond %. *.. a... Bond No K08759212 KNOW ALL MEN BY THESE PRESENTS, that we, CR &R Incorporated as Principal, (hereinafter called the "Principal "), and WESTCHESTER FIRE INSURANCE COMPANY , (hereinafter called the "Surety"), are held firmly bound unto Costa Mesa Sanitary District as Obligee, (hereinafter called the "Obligee "), in the maximum penal sum of Fifty Thousand and no /100s Dollars, ($ 50,000.00), good and lawful money of the United States of America, for the payment of which, Well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, assigns, jointly and severally, firmly by these presents. WHEREAS, the above bound Principal has entered into a certain written contract with the above mentioned Obligee described as: Franchise Agreement curb side trash collection within the District Boundaries , contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of only one year. NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall indemnify the Obligee for any and all loss that the Obligee may sustain by reason of the Principal's failure to comply with the terms and conditions of said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that: 1. The term of this bond is for the period commencing July 20, 2012 and expiring on July 20, 2013, unless released by the Obligee prior thereto. However, the terns of this bond may be renewed for an additional one -year period(s) by the issuance of a Continuation Certificate by the Surety. 2. Neither nonrenewal by the Surety nor failure of the Principal to provide the Obligee with a replacement bond shall constitute default under this bond. 3. In the event the Principal shall be declared by the Obligee to be in default under the Contract, the Obligee shall provide the Surety with a written statement setting forth the particular facts of said default no later than thirty (30) days from the date of said default, which notice shall be sent to the Surety by registered mail to the address in stated in Section 6 below. 4. The Surety will have the right and opportunity, at its option, and in its sole discretion, to: a.) cure the default; b.) assume the remainder of the Contract and to perform or sublet same; c.) or to tender to the Obligee funds sufficient to pay the cost of completion less the balance of the Contract price up to an amount not to exceed the penal sum of the bond. In no event shall Surety be liable for fines, penalties, liquidated damages or forfeitures assessed against the Principal. 5, The Obligee's acceptance of this bond and reliance upon it as security constitutes its acknowledgement and agreement as to the temis under which it is offered and issued by the Surety. 6. All notices, demands and correspondence with respect to this bond shall be in writing and addressed to: The Surety at: 9200 Oakdale Avenue, 8`h Floor, Chatsworth CA 91311 The Principal at: 11292 Western Ave., Stanton CA 90680 SIGNED, SEALED AND DATED this 19th day of June, 2012. Principal: C ,Incorporated By: i Title: G�giiih "li Surety: WESTCHE R FIRE 1pallkANCE CONIPA N :' B / orney -in -Fact rev.08 /06 Margareta T. Thorsen ; r . CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On (0 L 9 ( ( Z before me, Donna Mac Lellan, Notary Public Date Here Insert Name and Title of the Officer personally appeared Margareta T. Thorsen Name(s) of Signer(s) 00NNA VC LELLAN Commission # 1824271 Notary Public -California Los Angeles County my Comm. Expires Dec 21, 2012 CIVIL CODE § 1189 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: D.' !) Place Notary Seal Above 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: ❑ Corporate Officer — Title(s): ❑ Individual . ❑ Partner — ❑ Limited ❑ General Top of thumb here X] Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • National Notary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. 0 S- . , ACKNOWLEDGMENT State of California County of Oran On 06127 Z before me, Kim U. Nguyen, Notary Public (insert name and title of the officer) personally appeared Clifford R. Ronnenberg who proved to me on the basis of satisfactory evidence to be the person( whose name is subscribed to the within instrument and acknowledged to me that heA&heAh y executed the same in hisAhefigh -eir authorized capacityoes3 and that by his4lae-l:/I�signature(s�on the instrument the person(-,)-,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. KIM U. NGUYEN WITNESS my hand and officia eal. Commission # 1904761 i ; •d Notary Public - California zz Z Orange County My Comm. Expires Sep 26, 2014 Signature (Seal) CR&R VIA OVERNIGHT MAIL July 2, 2012 Mr. Thomas Fauth Assistant Manager Costa Mesa Sanitary District 628 West 19th Street Costa Mesa, CA 92627 RE: CR &R Incorporated Performance Bond No. K08759212 Bond Term: 7/20/12- 7/20/13 Dear Mr. Fauth, 1D JUL 0 3 2012 uuulN MLOA WOO DISINCI In accordance with the Franchise Agreement between Costa Mesa Sanitary District and CR &R Incorporated, enclosed is Performance Bond No. K08759212, 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, 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 W W W. CRRINC. NET