06-0112_WHISPERING HILLS , LLC_Performance Bond SU5018271 (East Canyon - Water Improvements)�_ •Ho. SU5018271
t trid emlun: $1,000.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Hbispering Hills. LLC, a Delaware Limited Liability Company_
as Principal, hereinafter called CONTRACTOR, and Arch Insurance Company
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan
Capistrano, as Obligee, hereinafter called CITY, in the amount of one ra„n,j,-P(l Thnnsana
and OPJ100 ($100,000.00) Dollars for payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors, and assigns,
jointly and severally, fairly by these presents:
WHEREAS, Contractor has by written agreement dated
entered into a (describe agreement):
[ ✓)
Whispering Hills - East Canyon Tract 16634 --Water Improvements (Vista Montana)
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 -
1
hat
1. As a part of the obligation secured hereby, and in addition to the face amount
specified, thereshall 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 modfication 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 _ day of January-- 20-06 at
Irvine California.
PRINCIPAL Whispering Hills, LLC, a
—Delaxmrp Limited Liability Company
APPROVED AS TO FORM (NOTARIZATION AND SEAL)
Qlsp== —
JO R. SHAW, CITY ATTORNEY
Arch Insurance Company
Monroe
AND SEAL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On January 27, 2006, before me, D Harvey, a Notary Public in and for said State, personally
appeared Dennis Gage, personally known to me to be the person whose name is
subcribed to the within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
D. HARVEY
_ Commission N 1516985
y Notary Public • COBtomlo _
Orange County
My Comm. Expires Oct 1, 2008
(seal)
IVA"
Signatur of otary Public
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
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:
tALIPORNIA ALL-PURPOSE •KNOWLEDGMENT •
State of cal ; forma
County of orange
On
JAN 12 1006
before me, Paris Shahabi, Notary Public
Name arM Title of Officer (e.g.. 'Jane Doe. Notary Public')
personally appeared Janina Monroe
Names) of 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
PAN ow" his/her/their signature(s) on the instrument the person(s),
IraCatrn*lan# 1572M or the entity upon behalf of which the person(s) acted,
NalaY w�flc COMM executed the instrument.
nMn C Wr
Garro :l,
WITNESS my hand and official seal.
signature of Notary PuEhc
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 e
❑ Other: Top of thumb here
Signer Is Representing:
BD -1133 9/97
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:
RIGHT THUMBPRINT
OF SIGNER