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06-0112_WHISPERING HILLS , LLC_Performance Bond SU5019296 (West Canyon - Monumentation)• dp° nd No. SU5019296 Premium: $ 100.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Whisverine Hills, I.M. a Delaware Limited Liability Gonpamr 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 . Four Thousand and 00/104 _ (54 , 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): Whispering Hills West Canyon - Tract 16634 Monumentation 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 spewed, 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_ 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 modtfications of the contract documents or of work to be performed thereunder. Executed this _ 27th day of January 2000 at Irvine _ Cafifomia. PRINCIPAL whispering Hills, LLC, a . Delamaer- Limited Liability Company APPROVED AS TO FORM (NOTARIZATION AND SEAL) JO R. SHAW, CITY ATTORNEY Insurance Company TION AND SEAL) 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California — County of ss. On \ before me, Axyvw Dat 1, Name and Title of 0ffic (e.g.,'Jana Doe, Notary Public') personally appeared D. HARVEY # 1 Commission # 1516985 Z . _ig Notary Public - California 5 . ' orange County eMy Comm. Expires Oct 1, 2008 �yersonally known to me 7 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. WI y hand and ofli ' seal. Place Notary Seal Above Signature f N7 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: I-1 Individual -11111111111111 Top of thumb here r Corporate Officer — Title(s): L Partner — L Limited r General L Attorney in Fact Trustee 1-1 Guardian or Conservator L Other: Signer Is Representing: 01999 National Notary Association • 9350 De Salo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • w ra0onalnotary org Prod N. 5907 Revel Call TollFree1 800 676E 27 CALIFORNIA ALL-PURPOSEWKNOWLEDGMENT • State of California County of Orange On JAN 2 7 2i70fi before me, Paris Shahabi, Notary Public Name and Title of Of6eer (e g., "Jane foe. Notary PuNic") personally appeared Janina Monroe Names) of &gneys) x❑ personally known to me – OR – ❑ proved to 1, fr y 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 my hand and officiI seal. Signature of Notary PWlic 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 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: ! of thumb Hare 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: Signer Is Representing: • POWER OF ATTORNEY • 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 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 i of 2 Printed in U.S.A. In Testimony Whereof, the Company t caused this instrument to be signed an corporate seal to be affixed by their authorized officers, this 21 st day of Marun, 2003. Arch Insurance Company Attested and Certified Josi . Labell, Corporate Secretary STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS m:Rrauri � '�:?�C ?ru fur, Thomas P. Luckstone, Vice President rlsssM 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 /%'Zp�'OcL A�g ®/.L noza- Melissa B. Grlfgan, Notary Pub i My cammisalon expires 2-26-05 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 hereunt syb � bed my name and affixed the corporate seal of the Arch Insurance Company on this day of JAN ` 20_ !- Josao 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 _ ^;'•• MO OOML0013 00 03 03 SUA mr Page 2 of 2 k- Printed in U.S.A. iLc.;rd 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. E • ARCH INSURANCE COMPANY ENDORSEMENT Bond Number: SU 5018275 To be attached to and form a part of Tract 16634 Whispering Hills - East Canyon - Street related appurtenances (in tract) Bond, issued by the undersigned company, as Surety on behalf of Rancho San Juan Develop ent 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: Princilgal 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 Managing Member By: Woodbridge Communities 11, LLC, a Delaware limited lYability, pany Its Manager By: To unningham, Its Manager ARCH INSURANCE COMPANY (Surety) Monroe, Attomey-in Fact DIRECT CORRESPONDENCE TO: ARCH CONTRACTORS 8 DEVELOPERS GROUP, 135 N. LOS ROBLES AVE., #825, PASADENA, CA 91101 PHONE (626) 639-5200 • FAX (626) 639-5210 CALIFORNIA••ACKNOWLEDGMENT v - STATE OF CALIFORNIA County of Orange J On APR 0 7 2009 before me, Michelle Haase Notary Public ❑ate Here Insert Name end Title of the Officer personally appeared Janina Monroe Names) of Signer(s) MICHELLE IIAA9� ConuNaalon • 1810198 Notary Pubtk - cdNonlia orange County emycomm-=Wul- 2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arasubscribed to the within instrument and acknowledged to me that—he/she/they executed the same in *ris/her/tkeir authorized capacity(ies; , and that by-146/her/t4ok: signature* on the instrument the person(e} or the entity upon behalf of which the person(s)- 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 se/al.. Q� Signature / yL/�( (9 1�/ lD) Jyy Place Notary Seal Above Signaturfirlof 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 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Number of Signer's Name: Signer's Nan El Individual El Individual El Corporate Officer—Title(s): ❑ Corporate ElPartner— El Limited El General El Partner ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Cor ❑ Other: Officer — Title(s):— — ❑ Limited El General ElAttornev in Fact ® 200] NeBonal Notary Association -9350 De Soto Ave.. PO. Box 2402 • Chatsworh, CA 913132402 • ww.v.NabonalNotaryorg Item #5907 Reorder: Cell Toll -Free 1-800.8]8$82] 9 0 STATE OF CALIFORNIA COUNTY OF YQ,r P. On -0(I'( 0-7, 9009 before me, katycn i -N-r6'nn a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/ere 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/pef/tOeitsignature(e}on the instrument the person(s}, or the entity upon behalf of which the person(&) 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. EQ =NOTARA rn75 N " TY Signature '_�Z1�piYl�//J1�7��� (Seal) Capacity Claimed by Signer ❑ Individual ❑ 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 Zwickei of Los Angeles, CA (EACH) its true and lawful Aftomey(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 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 has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of May 2008 . Arch Insurance Company Attested and Certified once C MRMUTE o3�O a SELL G 41 ,911 �i glSStltlfl r Martin J. Nil Secretary J. Mi haei ete, ice i siden STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 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 �Mb10NKBAl.THOF PEOffinVANIA NCr['ARIALSEAL �13nanC.K!hnNotary�PublicBrian C. Kuhn, Notary Public City of Philadelphie,Phih>delphiaCounty My commission expires 12-06-2011 CERTIFICATION My comminionexpir«December06,2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company; do hereby certify that the attached Power of Attorney dated 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 I 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 have hereunto subscribed my name and aft ed the corpo s I of the Arch Insurance Company on this day of APR 0 7 9nng,20_ Martin J. Nil 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 WWRATF� sw OOML0013 00 03 03 � ghttltld Page 2 of 2 Printed In U.S.A. w � • Bond No. .505018275 Premium: $19,020.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Whispering Bills. 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 one Million wine Hundred Two 'thousand and 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: * ($1,902,000.00) WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): Tract 16634 whispering Hills - East Canyon - Street related appurtenances (in tract) 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 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 modrk:ation 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 206 at Irvine , California. APPROVED AS TO FORM Ak= — JOT R. SHAW, CITY ATTORNEY PRINCIPAL Whispering Hills, LLC, a Delavaep Limited Liability Company (NO RATION AND SEAL) Arch Insurance Company Monroe r HLL TION 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 some 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 Comm isslon N 1516985 ..� Notary PubBc - Colifomla _ orange Count [ (seal) Signature of of y 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 Tifle or Type of Document: Document Date: Signer(s) Other Than Named Above: Capocity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑Corporate Officer ❑Tifle(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-PURPOSE*KNOWLEDGMENT • State of California County of Orange On JAN 12 2006 personally appeared before me, Paris Shahabi, Notary Public Name aul Title of Officer (e.g., 'Jane Doe. Notary Public x❑ personally known to me – OR – ❑ proved to Names) of Signer(s) me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware 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 my hand and official seal. OPTIONAL SlgMWM of Notary PWfic Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent 6audulent 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 9/97 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: RIGHT THUMBPR I NT OF SIGNER