06-0112_WHISPERING HILLS , LLC_Performance Bond SU5018269 (East Canyon - Sewer)• • Bond No. SU5018269 F
Premium: #.5,960.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Whispering Hills, LLC�a Delaware Limited Liability Cmwanv_
as Principal, hereinafter called CONTRACTOR, and Arch insurance Company,
as Surety, hereinafter called SURETY, are hell and firmly bound unto the City of San Juan
Capistrano, as Obligee, hereinafter called CITY, in the amount of Five Hundred Ninety Six
Thopsand and 00/100 ($596,000.00) 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): Tract 16634 East Canyon
Whispering Hills - Sanitary Sewer
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:
I . 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 attorney's 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_ 12th day of January 20 06 at
Irvine . California_
PRINCIPAL Whispering Hills, LLC, a
Delawatp Limited Liability Company
APPROVED AS TO FORM (NOTARIZATION AND SEAL)
JO R. SHAW, CITY ATTORNEY
Insurance Company
Janinp MPnroe , ALL
TART ON 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
Commissbn # 1516985 $
S Notary Public - Calilornla S
Orange County (( Signature
My Comm. Expires Oct 1, 200P
(seal)
Public
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(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(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-PURPOSE&KNOWLEDGMENT •
State of California
County of Orange
On
JAN 12 1006
before me, Paris Shahabi , Notary Public
Name a Till. of Officer (e.9.,'Jane Ooe. Notary Public")
personally appeared Janina Monroe
Names) of S ilw(s)
Q 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
PNa� his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
rrYrlon / 167209 b P P ( )
rAA=:S7N=,,,,V pubic - CONOM executed the instrument.
2009 WITNESS my hand and officiaF seal.
Si9wNre of Notary PWlic
OPTIONAL
Though the information below is not requited bylaw, 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
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
OP 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: