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06-0112_WHISPERING HILLS , LLC_Labor & Material Bond SU5018270 (East Canyon- Storm Drain)i n u LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal County, California, hereinafter called "City'. has Dermitted'the improvements to Whispering hills, LLC, a Delaware Limit Company hereinafter called "Contractor"; and, Bond No. SU5018270 Premium: Included in cost of performance. corporation of Orange construction of certain ed Liability WHEREAS, said improvements are more particularly described as follows: Tract 16634 East Canyon Whisoerino Hills - Storm Drain and, WHEREAS,,the Contractor is required to fumish a laborand material bond pursuant to the statutory requirements ofthe San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon,. for or about the performance of the work to be done, orfor any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we, the Contractor, and Arch insurance Company as surety, are held finely bound unto the City of San Juan Capistrano, a municipal corooration, in. the penal sum of One Million Four Hundred Ninety Two Thousand 00/100 DOLLARS ($L,492,000.00 lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, otirheirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay forany materials; provisions, provender, orteams, orothersupplies orequipment used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also incase suit is brought upon the bond, a reasonable attorneys fee to be fixed by the court. This - bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured thereby, and in addition to the face amount specified therefor, 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. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been dulv executed by the Contractor and surety herein named on the _ 12th day of . January 200 6 . The name and corporate seal of each corporate paity being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Whispering Hills, LLC, a Delaware Limited Liability Company CONTRACTOR Arch SURE APPROVED AS TO FORM , CITY ATTORNEY , Attorney -in -Fact 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. Commission # 1516985 Notary Public - California Orange County Signature @MV Comm. Expires Oct 1, 2008E (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: Capacify(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 Shahabit Notary Public Name arb Title & Officer (e.g..'Jane Doe. Notary PuGlicl personally appeared Janina Monroe Names( of Signers( x❑ personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the persons) 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 IIM his/her/their signature(s) on the instrument the person(s), Oom�eilQ9A� or the entity upon behalf of which the person(s) acted, "M Mft - Cdam executed the instrument. 61MVIOMMSOUAPF24, 2009 WITNESS my hand and official sI. �Signat,.se of Notary Puplic 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 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: • POWER OF ATTORNEY • Know Ah Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal.office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company' caused this instrument to be signed an s corporate seal to be affixed by their authorized officers, this 21st day of Maruh, 2003. Attested and Certified I �T 4� mRroun Jost, . Labell, Corporate Secretary STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD S5 Arch Insurance Company Thomas P. Luckstone, Vice President I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. CERTIFICATION lrxr,�/crr; Melissa B. Gilligan, Notary Putr i My commission expires 2-28-05 I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 21, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of JAN 12 2006 , 20_ \ f .tosati . Labell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas ra.. MO fis �'Ca OOMLOO13 00 03 03 Trot Page 2 of 2 vin%cPrinted in U.S.A. Huard 11 ARCH Insurance Company NOTICE — DISCLOSURE OF TERRORISM PREMIUM ARCH Surety In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. ARCH INSURANCE COMPANY ENDORSEMENT Bond Number: SU 5018269 To be attached to and form a part of Tract 16634 East Canyon Whispering Hills - Sanitary Sewer Bond, issued by the undersigned company, as Surety on behalf of Rancho San Juan Development LLC, a Delaware limited liability company as Principal, in favor of City of San Juan Capistrano as Obligee, Effective 4/07/2009, the Principal and the Surety hereby agree to amend the attached bond as follows: Principal Name Change: From: Whispering Hills, LLC To: Rancho San Juan Development LLC All else remains the same. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the attached Bond, and in no event shall be cumulative. Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. SIGNED, SEALED, DATED: 4/07/2009 RANCHO SAN JUAN DEVELOPMENT LLC, a Delaware limited liability company (Principal) By: Woodbridge Builders, LLC, a Delaware limited liability company Its Manager Member ARCH INSURANCE COMPANY (Surety) By: Woodbridge Communities II, LLC, a Delaware limited liability company Its Manager ��� By: Todd 16unningham, Its Manager 4Jannroe, Attomey-in-Fact DIRECT CORRESPONDENCE TO: ARCH CONTRACTORS & DEVELOPERS GROUP, 135 N. LOS ROBLES AVE., #825, PASADENA, CA 91101 PHONE (626) 639-5200 • FAX (626) 639-5210 t 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On APR 0 7 2009 before me, Michelle Haase Notary Public , Date Here Insert ame antl Title of the Officer personally appeared Janina Monroe Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ara•subscribed to the within instrument and acknowledged to me that Jae/sheAhey executed the same in-Ws/her/their authorized capacity(ies�, +.r+� MICHELLEHAASE MICHELLE HAASE [ and that by-his/her/thei; signature* on the instrument the Co 8 [ 1810438lifornia scionPubli person(e) or the entity upon behalf of which the person(s)- Notain • 9 acted, executed the instrument. Orange coumy I certify under PENALTY OF PERJURY under the laws of My Comm. Ex irea Ag 22, 2012 the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signaturk 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: Number of Pages: 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 Fad ❑ Trustee ❑ Guardian or Conservator C Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Q20()7 National Notary Association • 8350 De Soto Ave., P.O, Dox 2402 • Chatsworth, CA 813132402 • w NationalNotaryorg Item #580] Reorder- Cell Toll -Free 1-800-8]6-582] 0 0 STATE OF CALIFORNIA COUNTY OF 1-C1,Y P. On l7fT I 0% 9009 before me, kau-rU1 9 i jtr&'rq a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(e) whose name( is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/*w/Weir authorized capacity(tes), and that by his/hef/t#teirsignature(e}on the instrument the person(o, or the entity upon behalf of which the personE* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LAUREN EITTREIM rn COMM. # 1716475 rn ^ a' NOTARY PUBLIC -CALIFORNIA VA ORANGE COUNTY My COMM Ezn. JAN. 13, 2011 " Signature 4� (Seal) Capacity Claimed by Signer ❑ Corporate Officer Title ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator 0 Other: OPTIONAL INFORMATION Description of Attached Document Title or Type of Document Date of Document Number of Pages • POWER OF ATTORNEII• Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint Paul Boucher, Susan Thurston, Janina Monroe, Timothy J. Noonan, Leonard G. Fodemski and Mark Zwickel of Los Angeles, CA (EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these. presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, reoognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it Is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1 st day of May 2008 Attested and Certified Ce � :fu � Bistoud Martin J. Nil #, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company _, V "Prl IN � I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set OMMON WEALTH OF PMNNBYLVAN(A Bri C. Kuhn NorazyPublic �BnanC.uhn; Notary�Pubrlc Lot yofPhiladelphie, Philadelphiacounry My commission expires 12-06-2011 CERTIFICATION commissionezpiraDecember06,2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attomeydated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I havg he[eInto subscribed my name and aff ed the corpo s 1 of the Arch Insurance Company on this day of AYR 0 '/ ZOO9 , 20_ Martin J. Nil V. Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOMLOO13 00 03 03 Page 2 of 2 Printed In U.S.A.