06-0112_WHISPERING HILLS , LLC_Performance Bond SU5020790 (East Canyon - Landscape & Irrigation)i
0
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
Bond No. SU5020790
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 Whispering Hills, LLC, a Delaware Limited Liability
Company . hereinafter called 'Contractor"; and,
WHEREAS, said improvements are more particularly described as follows:
Tract 16634 Whispering Hills East Capon Landscape & Irrioation
and,
WHEREAS,.Jhe 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
Caoistrano. a municipal corporation, inthe penal sum of One Million Three Hundred
Forty Three* _ DOLLARS ($_ -1-,1343-, 000.00___), lawful money of.the
United States of America, for payment of which sum well and truly to be made we bind
ourselves, odrhelm, executors, administrators and successors, jointly and severally, firmly
by these presents. *Thousand Dollars and 00/100
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, orteams, orothersupplies orequipment 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, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor as required by the provisions of Title 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 specked in this bond and also incase suit is brought
upon the bond, a reasonable attorney's fee to be fixed by the court. This- bond shall inure
to the benefit of any and all persons, companies and corporations entitled 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.
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0
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 attorneys 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 duiv executed by
the Contractor and surety herein named on the 21st . day of. June
2006 . The name and corporate seal of each corporate paity being hereto affixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
Whispering 11111s, U.C. a Delaware
Limited Liability Company
CONTRACTOR
Arch Insurance Company
SURETY
Thomas G. McCall Attorney -in -Fact
APPROVED AS TO FORM
CITY ATTORNEY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On June 21, 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.
WITNFCC my hnnH nnH nffininl canl
OmyD. HARVEY
Commlasbn #r 1516985 Notary Public - California
Orange County
(seal) Comm. Expires Oct t, 2008
Signature of Notary Public
Though the information below is not required by law, if 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: 6-21-06
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: _Dennis Gage
❑ 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:
CALIFORNIA ALL-PURPOSESKNOWLEDGMENT
State of Cal i fornia
County of Orange
On JUN 2 1 ZM6 before me, Paris Shahabi, blot y Public
Name"rNe of OF (e.g..'Je Doe. Notary Publk�)
personally appeared Thomas G. McCall
Names) of SigaMs)
x❑ 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
PARA his/her/their signature(s) on the instrument the person(s),
CorrYradon! 1572409
N*ff Ablo - 0050Mor the entity upon behalf of which the person(s) acted,
ohanpe comb executed the instrument.
ME
cGr"M YM 124, 2009
WITNESS my hand and official re
Sigrutve of NW ry P k
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(es) 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
Top of thumb
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
❑ Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing:
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)
Christine Marotta of Chicago, IL
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 thesame had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas Ci ,,,N)jsysSa -
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
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.
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In Testimony Whereof, hhe C.-r,pcny ,.as caused he signed and iw corporate seal to be affixed by their
authorized officers, this 4th day of _April , 20 06
Arch Insurance Company
Attested and Certified
yy �
Ikio/d
Martin J. Nilse ecretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Edward M. Titus C
ce President
I Peter J. Callao, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and 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 aKvoluntary act �A � - said corporation and as
their own free and voluntary acts for the uses and ppurposes therein set forth.
PETER J. CALLEO, ESO.
Notary Public, State of New York
No. 02CA610B338
Or•:lified in New York County Pe r J. q Nota ublic
Commission Expires May 3. 2008 My commiss expires 5-03-2008
CERTIFICATION
1, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
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
Edward M. Titus, 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 %NHEREOF, I have r !�r scribed ^, name and affi d the corpora s I of the Arch Insurance
Company on this day of J 1 , 20 t
Martin J. Nil s01, 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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10 -
ARCH INSURANCE COMPANY
ENDORSEMENT
Bond Number: SU 5018276
To be attached to and form a part of Tract 16634 Whispering Hills - East Canyon - Water Improvements
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 liabilmpany
Its Manager
By:
To Cunningham, Its Manager
ARCH INSURANCE COMPANY
(Surety)
DIRECT CORRESPONDENCE TO:
ARCH CONTRACTORS R DEVELOPERS GROUP, 135 N. LOS ROBLES AVE., #625, PASADENA, CA 91101
PHONE (626) 639-5200 • FAX (626) 6395210
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA +
County of Orange fl
APR 0 7 2009
On before me, Michelle Haase, Notary Public
Data Here Insert ame end Title of the Officer
personalty appeared Janina Monroe
Name(s) of Signer(s)
MICHELLE HAASE
ComnNaion / 1810478 16
Notary Pubft • Cakforala
Of"" County
LIT Comm. Ex im 1W 22,2012t
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/Shay
executed the same in #his/her/tgeir authorized capacity(iesj,
and that by-his/her/theil: signaturekas on the instrument the
person(e} or the entity upon behalf of which the person(&)_
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
Signature
Place Notary Seal Above Signatur i 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 Date:
Signer(s) Other Than Named
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
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s)_
❑ Partner — ❑Limited❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
O 2007 Natonal NotaryAssodatlon • 9350 De Sdo Ave., P.O. Box 2402 • Chaisrvorth, CA 81313-2402 • w .NatonalNotaryorg Item #5907 Reorder: Call Tdl-Free 1-80-6768827
STATE OF CALIFORNIA
COUNTY OF C)rana P.
On 1410 /'f o7.9009 before me, katycr, i'.i -j�rdrn a Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(ej is/ere
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/AwAheir authorized capacity(aes•), and that by his/1w/t#teirsignature(ston the instrument the
person(&} 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 hand and official seal. YW?=40TARYA
TREIM16475 toALIFORNIA NUNTYN. 13, 2011 "
Signature ���l�d GLOw�,.� (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
or Type of Document
Date of Document
Number of Pages
• POWER OF ATTORNEO
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 attomeys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seat 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
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.
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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 1st day of May 2008
Arch Insurance Company
Attested and Certified
vtance �,
I,� mR10MT( �'O
S SELL e
61 M
Biuoad
AMartin J. Nil j, Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
WIN
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
Wh4dOWWFALIH OP PMSYLVANIA
NOTAI;IALSEAL Brian C. Kuhn; Nota Public
Brian C. Kuhn, Notary Pubfic ry
City of Ph iladelphia,PhiladelphiaCoWAY My commission expires 12-06-2011
CERTIFICATION M commisaionexp'va0eamber06,2011
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 hAjpqhqffta,subscribed my name and aff ed the corpo seal of the Arch Insurance
Company on this day of LLUUUU�� 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
4 �///,y//rr^���a
if�11
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