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06-0112_WHISPERING HILLS , LLC_Performance Bond SU5019293 (East Canyon - Major Access Street)r Bond No. SU5019293 Premium: #. 6,210.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Whispering Hills, LLC, a Delaware Limited Liability Company. 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 Six Hundred Twenty one Thousand and 00/100 ($621,000.00) 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 - Major Access street and related Appurtenanc6s (including in -street sewer and water.) 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 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. 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 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 27th day of January 20 06, at Irvine , California_ APPROVED AS TO FORM C)A41 I ( JO R. SHAW, CITY ATTORNEY PRINCIPAL Whispering Hills, LLC, a Delnvaer- Limited Liability Company (NOTARIZATION AND SEAL) Insurance Company Monroe " ATION AND SEAL) 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Dame. ss. On Dale personally appeared D. HARVEY emyCommission # 1576985Notary Publlc - CaliforniaOrange County comm. Explies Oct 1, 2008 Place Notary Seal Above rsonally known to me F 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m hand and offi '61 seal. Signature Nota 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(ies) Claimed by Signer Signer's Name: ,J Individual ' Top of thumb here IJ Corporate Officer—Title(s): L1 Partner — D Limited F1 General 1- Attorney in Fact _1 Trustee 1J Guardian or Conservator LJ Other: Signer Is Representing: 01999 National Notary Association • 9350 De Soto Ave., P O. Box 2402 • Cbatsworlh, CA 91313-2602 • insist .nationalnotary org Prod. No. 5907 Rai Call Toll Free 1.600-6]6E6£] CALIFORNIA ALL-PURPOSESKNOWLEDGMENT 10 State of California County of Orange On JAN2 720M before me, Paris Shahabi, Notary Public Name and Title of Officer (e.g., 'Jane Doe. Notary Pub1iC) personally appeared Janina Monroe Names of Signer(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 capac ty(ies), and that by IYllrl 91MM his/her/their signature(s) on the instrument the person(s), CannMYon01672M or the entity upon behalf of which the person(s) acted, Nday Rbk - CCOMMo executed the instrument. ormpa Carta tiNCarrxr4E>�yYN �4' 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 retying 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 9/97 RIGHT THUMBPRINT OF SIGNER 0 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: