06-0112_WHISPERING HILLS , LLC_Performance Bond SU5018268 (East Canyon - Offsite Water)Bond $o. SU5018268
ftPremium: $ 14,730.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Ahisverine Hills LLC a Delaware Limited Liability company
as Principal, hereinafter called CONTRACTOR, and Arch lasurance company
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan
Capistrano, as Obfigee, hereinafter called CITY, in the amount of One Million Four Hundred
Sexr nf�ThrPa Thnusand anA nn/i nQ* Dollars for payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors, and assigns,
jointly and .severally, fairly by these presents:
*($1,473,000.00)
WHEREAS, Contractor has by written agreement dated
entered into a (describe agreement):
Whispering Hills - East Canyon Tract 16634 - Offsite Water Improvements
which contract is by reference made a part hereof,
NOW THEREFORE, the condition of this obligation is such that, if Principal shall
promptly and faithfully perform said agreement, then this obligation shall be null and void;
otherwise it shall remain in full force and effect Surety waives whatever legal right it may
have to require that a demand be made first against the principal in the event of default
BE IT FURTHER RESOLVED, that
As a part of the obligation secured hereby, and in addition to the face amount
specified, there shall be included costs and reasonable expenses and fees; including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to
be taxed as costs and included in any judgment rendered_
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2. Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or modification of the contract documents or of the work to be
performed thereunder, shall in any way affect its obligations or this bond, and it does hereby
waive notice of any such change, extension of time, alterations, or modifications of the
contract documents or of work to be performed thereunder.
Executed this_ 12th_Jday of January 2006, at
Irvine Califomia.
APPROVED AS TO FORM
CJA
JOT R. SHAW, CITY ATTORNEY
PRINCIPAL Whispering Hills, LLC. a
Delamapp Limited Liability Company
(NOTARIZATION AND SEAL)
Insurance Company
AND SEAL)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of UuAej
On ` before me, �` V� 1
Date _ Name antl Ttle of ORicer (e.g, 'Jane Doe, Notary Public"t
personally appeared
D. HARVEY
iar�
Commission # 1516985
Notary Public - California
Orange County
My Comm. Expires Oct 11 2008/
rsonally known to me
D 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.
WITNE,9S and and officials I.
Place Notary Seal Above Signature of No( Pu tic
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:
Signers) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
Number of Pages:
Individual
Top of thumb here
I I Corporate Officer—Title(s):
L�
Partner—L Limited L General
LI Attorney in Fact
Trustee
L Guardian or Conservator
L l Other:
Signer Is Representing:
®1999 National Notary Association - 9350 De Soto Ave_ P.O. Box 2402 • ChatSWetlb, CA91313 2402 • wwwnatlmaJaoxai Prad. No_590i Renrtler CaLL TOIIFrae 1-300876 6621
a:
CALIFORNIA ALL-PURPOSESKNOWLEDGMENT •
State of Cal ifornia
County of
On
JAN 12 1005
before me, Paris Shahabi, Notary Public
Name and Title of Officer (e.g.. 'Jane Doe. Notary Public*)
personally appeared Janina Monroe
Names al sgner(s)
0 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
IMS >rYliY111 his/her/their signature(s) on the instrument the person(s),
Cww*W l ♦ 15724W or the entity upon behalf of which the person(s) acted,
NO" RM - cdNon>to executed the instrument.
OKWW cwnty
AC24.2j WITNESS my hand and official seal.
Signature al 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:
❑ Individual
❑ Corporate Officer
❑ Title(s):
❑ Partner — ❑ Limited ❑ General
® Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
BD -1133 9/97
RIGHT THUMBPRINT
OF SIGNER
0
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: