06-0112_WHISPERING HILLS , LLC_Labor & Material Bond SU5018268 (East Canyon- Offsite Water)•
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
*Bond No. 505018268
Premium: Included in cost
of performance.
WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange
County, California, hereinafter called 'City', has Dermitted'the construction of certain
improvements to yWhispering Hills. LLC. a Delaware Limited Liability
company hereinafter called 'Contractor"; and,
WHEREAS, said improvements are more particularly described as follows:
Whispering Hills - East Canyon Tract 16634 - Offsite Water Improvements
and,
W HEREAS,:the Contractor is required to furnish a labor and material bond pursuant
to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee that
if said Contractor, or any of his or its sub -contractors, shall fail to pay for any materials,
provisions, provender or other supplies or teams used in, upon,. for or about the
performance of the work to be done, or for any work or labor done thereon of any kind, the
surety or this bond will pay the same.
NOW, THEREFORE, we, the Contractor, and Arch Insurance Company*
as surety, are held firmly bound unto the City of San Juan
th
Capistrano, a municipal corporation, in.e penal sum of _ one Million Four Hundred Seventy
Three Thousand 00/100 DOLLARS ($A,473,000--00 ),lawfulmoneyof.the
United States of America, for payment of which sum well and truly to be made we bind
ourselves, odrheirs, executors, administrators and successors. iointlyand severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its
heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay
for any materials; provisions, provender, or teams, or other supplies or equipment used in,
Upon, for or about the performance of the worts to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor as required by the provisions of Tdle 1, Division 5, Chapter
3 of the Government Code of California as amended, that the surety will pay for the same
in an amount not exceeding the sum specified in this bond and also incase suit is brought
upon the bond, a reasonable attorneys fee to be fixed by the court. This bond shall inure
to the benefit of any and all persons, companies and corporations entified to file claims
under said act, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
As a part of the obligation secured thereby, and in addition to the face amount
specified therefor, there shall be included costs and- reasonable expenses and fees,
including reasonable attomey s fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered_
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed by
the Contractor and surety herein named on the 12th day of January
200 6 The name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
APPROVED AS TO FORM
, CITY ATTORNEY
Whispering Hills, LLC, a Delaware
Limited Liability Company
CONTRACTOR
P
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
—
County of ss.
On ` , before me, -�
Dale I Name and Title of ORIC (e.g., "Jane Doe, Notary Public")
personally appeared
D. HARVEY
Commission # 1516985
Notary Public - Calitornla
Orange County
rQMy Comm. Expires Oct 1, 2008`
Place Notary Seal Above
J
rsonally known to me
proved to me on the basis of satisfactory
evidence
to be the persons) 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 offici al.
Signature in
blic
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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
Signer's Name:
Number of Pages:
L7 Individual 0 -
Top of thumb here
C Corporate Officer — Title(s):
J Partner —�j Limited C General
Ll Attorney in Fact
CTrustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
91999 National Notary Associeaon•9350 De Solo Ave, PO Box 2402-Chatracnh, CA913132402- www.nahonalnotary.org Fund No. 5907 Reorder'. Call TollFree1800-676-6027
CALIFORNIA ALL-PURPOSEOKNOWLEDGMENT •
State of California
County of
On
JAN 12 2005
before me, Paris Shahabi, Notary Public
Name and Title of Officer (e.g., 'Jane Doe. Notary PUWk')
personally appeared Janina Monroe
Names) d Signer(s)
personally known to me — OR — ❑ 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
a his/her/their signature(s) on the instrument the person(s),
� N1yy it or the entity upon behalf of which the person(s) acted,
CamriNI f 1472}09 executed the instrument.
McYry 1•tb k . cPMartti9
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ytMrrr�n.�E>¢YONAPf 24.2009
WITNESS my hand and officia} seal.
signature of Notary PUEIic
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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:
❑ Individual
❑ Corporate Officer
❑ Title(s):
❑ Partner — ❑ Limited ❑ General
® Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
O Individual
❑ Corporate Officer
❑ Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
O Other:
• POWER OF ATTORNEY •
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint
Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH)
its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal.offce in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution
adapted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
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In Testimony Whereof, the Company caused this instrument to be signed ar, s corporate seal to be pffixed by their
authorized officers, this 21st day of Ma ,;h, 2003.
Arch Insurance Company
Attested and Certified
�T 4fl
Jos . Labell, Co orale
� � Secreta °T'
ry' � � Thomas P. Luckstone, Vice President
rl�srtttl
STATE OF CONNECTICUT SS `
COUNTY OF FAIRFIELD SS
I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly
authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of saic
corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
14� C
IL,i22 x! gyl ®%C CZ2
Mefissa B. Gilfigan, Notary Pub i
My commission expires 2-26-05
CERTIFICATION
I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated March 21, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same
has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do
further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date
of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance
Company on this day of IAN 1 2 2006 20_
.lasso . Labell, Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
Home Office: Kansas "^ MO
",CID Qd
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rlatord
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ARCH Insurance Company
•
NOTICE — DISCLOSURE OF TERRORISM PREMIUM
ARCH Surety
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Arch Insurance Company is the surety.
DISCLOSURE OF PREMIUM
The portion of the premium attributable to coverage for terrorist acts certified under the
Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable insurer deductible.
r
�y-N
•
•
ARCH INSURANCE COMPANY
ENDORSEMENT
Bond Number: SU 5019295
To be attached to and form a part of Tract 16634 - Whispering Hills - East Canyon - Monumentation
Bond, issued by the undersigned company, as Surety on behalf of Rancho San Juan Development LLC, a
Delaware limited liability company as Principal, in favor of City of San Juan Capistrano as Obligee,
Effective 4/07/2009, the Principal and the Surety hereby agree to amend the attached bond as follows:
Principal Name Change:
From: Whispering Hills, LLC
To: Rancho San Juan Development LLC
All else remains the same.
Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the
attached Bond, and in no event shall be cumulative.
Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this
bond except as above stated.
SIGNED, SEALED, DATED: 4/07/2009
RANCHO SAN JUAN DEVELOPMENT LLC,
a Delaware limited liability company
(Principal)
By: Woodbridge Builders, LLC,
a Delaware limited liability company
Its Manager Member
By: Woodbridge Communities II, LLC,
a Delaware limited liF
mpany
Its Manager
By: �.
Tod nningManager
ARCH INSURANCE COMPANY
(Surety)
By:
Monroe, Attorney-in-Faci
DIRECT CORRESPONDENCE TO:
ARCH CONTRACTORS & DEVELOPERS GROUP, 135 N. LOS ROBLES AVE., #825, PASADENA, CA 91101
PHONE (626) 639-5200 • FAX (626) 639-5210
0
CALIFORNIA•.ACKNOWLEDGMENT
STATE OF CALIFORNIA
0
County of Orange J
On APR 0 7 2009 before me, Michelle Haase Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Janina Monroe
Name(s) of Signer(s)
MICHELLE HAASE
COMMaakn/1310438
Notary Publk - California
Orange County
Comm. E Irea A 22, 2012
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/arasubscribed to the
within instrument and acknowledged to me that-be/sheAhw
executed the same in-Ns/her/their authorized capacity(ies�,
and that by-hi6/her/t4e4 signatures} on the instrument the
person(e)-, 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 handl and official seal.
Signature ~i'%V�L�IQ.CX?J
Signaturelof Notary Public
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document
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
L
Signer Is Representing:
020G7 Natlonal Notary Association • 9350 De Soto Ave., P.O. em 2402 • Chahmorlh, CA 91313-2402 • w NatlonalNotaryorg Item 45907 Reorder Call Tol-Free 1-B 8765327
0
STATE OF CALIFORNIA
0
COUNTY OF _0 r'LLf ! e -
On On i�d� r; l o7I..
�aoo9 before me, Aarw i' j -#r a'rn -,a Notary Public,
personally a
who proved to me on the basis of satisfactory evidence to be the person(ej whose name(sj is/are
subscribed to the within instrument and acknowledged to me that he/she/otey executed the same in
his/4iw/#ieir authorized capacity(jes-), and that by his/4eF/t0*irsignature(s}on the instrument the
person(&}, or the entity upon behalf of which the personks) 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. =OTARY
TIT
16475 /^ALIFORNIA NUNTY ""N. 13, 1011 'd
Signature i�,LfilO,.�L_d/>Q rilpiA-„L � (Seal}
Capacity Claimed by Signer
❑ Individual
❑ Corporate Officer
Title
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Guardian/Conservator
0 Other:
OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document
Date of Document
Number of Pages
• POWER OF ATTORNENO
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the 'Company") does hereby appoint
Paul Boucher, Susan Thurston, Janina Monroe, Timothy J. Noonan, Leonard G. Fodemski and Mark Zwickel of Los
Angeles, CA (EACH)
its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these. presents 'shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys4n-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, reoognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it Is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
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In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 1 st day of May 2008 .
Attested and Certified
once C
coxrowe e�4
scu
`- Yltroud
Martin J. Nil Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
Arch Insurance Company
I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be
the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as
their own free and voluntary acts for the uses and purposes therein set f db.,
COhIldON WF.IL1'H OP PEIN9YLV
NOTARUIL SEAL Brian C. Knbn, Notary Pubfic Brian C. Kuhn; Notary Public
City of Philadelphia,PhihulelphiaCounry My commission expires l2-0ti-2011
CERTIFICATION M eomminionexia,Xhiece pbia ,2011
I, Martin J. Nilsen, Secretary of the Arch Insurance Company; do hereby certify that the attached Power of Attorney dated
May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in
full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further
certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution
of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I hxx h reyrnto subscribed my name and aff ed the corpo seal of the Arch Insurance
Company on this day ofXY / 2009 , 20_
Martin J. Nil Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors & Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
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