06-0112_WHISPERING HILLS , LLC_Labor & Material Bond SU5020790 (East Canyon - Landscape & Irrigation)•
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
l6and No. SU5020790
Premium: $.13,430.00
That Whispering Hills. LLC. a Delaware Limited Liability Cowany.
as Principal, hereinafter called CONTRACTOR, and Arch insurance Company,
as Surety, hereinafter called SURETY, are held and firing bound unto the City of San Juan
Capistrano, as Obligee, hereinafter called CITY, in the amount of,One Million Three Hundred
Forty Three Thousand and 00/100* Dollars for payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors, and assigns,
jointly and severally, fairly by these presents; *($1,343,000-00)
WHEREAS, Contractor has by written agreement dated
entered into a (describe agreement): Tract 16634 whispering Hills
East Canyon Landscape & Irrigation.
.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 attorneys fees, incurred by City in successfully enforcing such obligation, all to
be taxed as costs and included in any judgment rendered_
2_ Said Surety. for value received. hereby stipulates and agrees that no change,
extension of time, alteration, or nx6fiCation 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 21st day of June 20 0 -6 -,at
Irvine Cal"rfomia.
APPROVED AS TO FORM
JO R. SHAW, CITY ATTORNEY
PRINCIPAL Whispering Hula, LLC, a
Delavapg Limited Liability Company
(NOTARIZATION AND SEAL)
SURETY Arch Insurance Company
Thomas McCall Attorney -in -Fact
(NOTARIZATION AND SEAL)
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.
WITNIF" my hnnri nnri nffir-W cant
D. HARVEY
Commission B 1516985
Q01
Notary Public - CaBtomia
Orange County
y Comm. Expires Oot 1, 2008
(seal)
ignature of Nota Pu is
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: _6-2
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(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:
CALIFORNIA ALL-PURPOSE`KNOWLEDGMENT
State of California
County of Orange
On JUN 2 1 2w8 before me, Paris Shahabi, Notary Public
Name and TNe of Offv (e.g., -Jane Doe. Notary Publk')
personally appeared Thomas G. McCall
Names) of Signers)
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
PARIS SHAHABI his/her/their signature(s) on the instrument the person(s),
CtxruTJs SOS # 1572409 or the entity upon behalf of which the person(s) acted,
Hokuy pim - cCaMdNa s executed the instrument.
on
WITNESS my hand and official
Signa e of Notary Pubk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying 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 "7
RIGHT THUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
❑ Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
LJ Other: Top of thumb here
Signer Is Representing: