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: