HomeMy WebLinkAboutGreenwaste Recovery, Inc. Performance BondApri126, 2010
Carl Cahill, City Manager
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Dear Mr. Cahill:
Enclosed is the Performance Bond as required by Article 14 of the Franchise Agreement
between the Town of Los Altos Hills and GreenWaste Recovery, Inc. for Collection of
Garbage, Recyclable and Compostable Materials. The bond is for the period 06/01/10 to
06/01/11.
If you have any questions about this letter or the enclosure please don't hesitate to contact
me at (408) 938-4901 or e-mail dond ,greenwaste.com.
Yours very truly,
Donald J. Dean
Chief Financial Officer
Enclosure
GreenWaste Recovery, Inc., 1500 Berger Drive, San Jose, CA 95112 Main: 408.283.4804 Fax: 408.287.3108 www.greenwaste.com
Printed on recycled paper.
Bond No, CS8784530-02
Premium: $3,750.00
GREAT AMERICAN INSURANCE COMPANY
Renewable Performance and Payment Bond
KNOW ALL MEN BY THESE PRESENTS: That Greenwaste Recovery, Inc.
1500 Berger Dr., San Jose, CA 95112
(hereinafter called the Principal), and GREAT AMERICAN INSURANCE COMPANY, 580 Walnut Street, Cincinnati, Ohio 45202
(hereinafter called the Surety), are held and firmly bound unto Town of Los Altos Hills
26379 Fremont Rd., Los Altos Hills, CA 94022
(hereinafter called the Obligee), in the full and just penal sum of
Three Hundred Thousand Dollars and 00/100
($ 300,000.00 ) dollars for 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,, successors 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 for the Collection and
Disposal of Garbage Recyclables and Plant Trimmings. (the "Contract") which Contract is hereby referred to and made a part hereof
as frilly and to the same extent as if copied at length herein with annual renewal at Surety's discretion: and
NOW, THEREFORE, THE CONDITION 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 during the term of this bond,
and pay all persons who have furnished labor or material for use in and shall indemnify, 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 grid 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 terns beginning June 1, 2010 and ending June 1, 2011
2. In the event of a default by the Principal in the performance of the Contract during the terms 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 does not provide coverage to any indirect loss or costs 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 terms 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 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 13th day of April 2010
Greenwaste Recovery, Inc. GREAT AMERICAN INSURANCE COMPANY
Principal
BY: --• —,_(t �!) LY
Catherine A. Pinney
Name and Title Attorney -in -Fact
Surety Phone No. 707-773-1873
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Sonoma
On April 13, 2010 before me, Cheryl A.Ripley, Notary Public ,
Date Here Insert Name and Title of the Officer
Catherine A. Pinney ******
personally appeared Y
Name(s) of Signer(s)
CHERYL A. RIPLEY
."' COMM. #1858023 z
Notary Public _ California o
Z `ted F Sonoma County 0
o• •. My Comm. Expires Jul. 16, 2013
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. A
Witness my
Signature
A. Ripley, Nbta y Pu
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(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):_
❑ Partner — ❑ Limited ❑ General
Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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:
aY , e➢' e7 �- aq-
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 SEVEN
No.0 18914
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,
CATHERINE A. PINNEY
CORINNE SULLIVAN
CHERYL A. RIPLEY
NANCY L. WALLIS
Name
STACY M. DAVIS
K. DIXON WRIGHT
DONNALYN REVIS
Address
ALL OF
PETALUMA, CALIFORNIA
Limit of Power
ALL
$10,000,000.
This Power of Attorney revokes all previous powers issued on behalf of the attorneys) -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 10TH day of SEPTEMBER 1 2009
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (613.412.4602)
On this 10TH day of SEPTEMBER 2009 before me personally appeared DAVID C. KITCHIN, tome known, being
duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a 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 June 9, 2008.
RESOLVED:,That the Divisional President, the several Divisional Senior Viae Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
n
Presidents, or any one of the, lie and hereby is out-horiz.,?d, fron+ time to time, to cppoi-a one. or.more Aitorneys.-4 , Fact: to execs te. on beha4f of the. Caq.pany,
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 tine.
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 faarinnile to any power of attorney or certificate of either given for the execution of ally bond, undertaking, contract of 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, 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 June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 13th day of April, f 2010
81029Y (10108)