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06-0112_WHISPERING HILLS , LLC_Performance Bond SU5020792 (East Canyon - Offsite Sewer)• *Bond Ho. SU5020792 Premum: $ 7,950.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Whispering Hills LLC a Delaware Limited Liability Ca"aIIy 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 Seven Hundred Ninety Five Thousand 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; ($795,000.00) WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): Tract 16634 Whispering Hills - East Canyon Offsite Sewer Impact Mitigation/Upsizing 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 attomeys 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 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 _21st day of June 20 �O6 at Irvine . California_ APPROVED AS TO FORM JOT R, SHAW, CITY ATTORNEY PRINCIPAL Whispering Hills, LLC, a Delamarp Limited Liability Company (NOTARIZATION AND SEAL) SURETY Arch Insurance Company Thomas G. 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. WITNESS my hand and official seal D. NARVEy Cammbsbn M 1516985 z _ Notary p� _ CoW mia Orange County MY Canm. Expires Oct 1, 2008 (seal) 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: _6-21-06 Number of Pages 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: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑Corporate Officer ❑Title(s): ❑Partner-- ❑Limited --❑ General ❑ Attorney -i n -Fact ❑Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE 4WKNOWLEDGMENT . State of California County of Orange JUN 2 1 2006 before me, Paris Shahabi, Notary Public Name"TNe of Og (e.g.. 'Jam Doe. N wy Public') On personally appeared Thomas G. McCall Nemec) of Sign.*) 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 FAM SHAHAN his/her/their signature(s) on the instrument the person(s), Carrr9Won / tb72409 or the entity upon behalf of which the person(s) acted, NttJlc ' CO�O�O I executed the instrument, ofanpa CCU* MVCwm.6 "aApr24, 2009 WITNESS my hand and offi ' I ea Signakn of Notary PW OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and couid 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(jes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner -0 Limited ❑ General M Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 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: Top of thumb bero Signer Is Representing: