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06-0112_WHISPERING HILLS , LLC_Performance Bond SU5018276 (East Canyon - Water Improvements)• •Bond No. SU5018276 Premium: $ 5,630.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Ahisnerine Hills. LLC, a Delaware Limited Liability Company_ 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 Five Hundred Sixty Three Thousand-.and 00/100 ( $563.000.001 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 - Trart 1666 - Water Improvements 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. As a part of the obligation secured hereby, and in addition to the face amount specified, there shag 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_ 0 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 obrigations 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_ APPROVED AS TO FORM QIsk.= — JO R. SHAW, CITY ATTORNEY PRINCIPAL Whispering Hill, LLC, a DeImearnp Limited Liability Company (NOTARIZATION AND SEAL) 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 Commbsbn M 1516985 %1MV Notary Public • Colifomla orange County Signature of Nof blic Comm. ExpBes 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: Signers) 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(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-PURPOSFFF&KNOWLEDGMENT • State of California County of orange On JAN 12 2006 personally appeared before me, Paris Shahabi, Notary Public Name and Title of oBlar (e.g.. 'Jane Doe. Notary Public') Names) of Signa(s) 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 IpA{ ANIYIII his/her/their signature(s) on the instrument the person(s), Currnrb�I t6TN0► or the entity upon behalf of which the person(s) acted, N*w PAft - COMM" executed the instrument. Caw Cera* WITNESS my hand and official seal. Signature of 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: 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 ❑ Other: Signer Is Representing: BD -1133 9197 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 ❑ Other: Signer Is Representing: