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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 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 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 amoge equntif OM ytMrrr�n.�E>¢YONAPf 24.2009 WITNESS my hand and officia} seal. signature of Notary PUEIic 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: ❑ 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. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. 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 OOML0013 00 03 03 =ut NT Page 2 of 2 E Printed in U.S.A. rlatord 'J > ,A --V )k 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 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 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 Page 1 of 2 Printed in U.S.A. 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 OOML0013 00 03 03 Page 2 of 2 Printed In U.S.A.