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06-0112_WHISPERING HILLS , LLC_Performance Bond SU5018277 (West Canyon - Water Improvements)• Bond No. SU5018277 Premium: $2,010.00 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 Two Hundred one Thousand and_ 00/100 ($201,000.00) 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 Ttact 16634 - Water Improverlents 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 effecL Surety waives whatever legal right if may have to require that a demand be made first against the principal in the event of default- BE efault BE IT FURTHER RESOLVED, that 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. C� L 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 2006 , at Irvine _ California. PRINCIPAL Whispering Hills, LLC, a Delavaxf Limited Liability Company APPROVED AS TO FORM (NOTARIZATION AND SEAL) QAk. =. -- JO R. SHAW, CITY ATTORNEY Company Monroe Att 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 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. ConmMnbn a 1816983 8 L'Jv'W" V Notary Pubic • Caploift Signature of Orange County r Cantu. EXPIPM Oct 1. 20081 (seal) Though the information below is not required by low, 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 OAttorney-in-Fact OTrustee [7 Guardian or Conservator 00ther: Signer is Representing: Number of Pages Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑Corporate Officer ❑Title(s): ❑Partner-- Ellimited—❑ General ❑Attorney -in -Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer is Representing: CALIFORNIA ALL-PURPOSEWKNOWLEDGMENT • State of California County On JAN 12 2006 before me, Paris Shahabia Notary Public Name antl Title of Officer (e.g..'Jane Oce. Notary Pudic') personally appeared Janina Monroe Names) of Signets) 0 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 PAMS SW" his/her/their signature(s) on the instrument the person(s), C nyrj m# 1572409 or the entity upon behalf of which the person(s) acted, N0kXV Pubo - Callasrb executed the instrument. WCarnMn" 2009 WITNESS my hand and official seal. Sigmm of Notary PWhc 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: 0 0 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 duiv executed by the Contractor and surety herein named on the 12th day of _ January 200 5. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body_ APPROVED AS TO FORM CITY ATTORNEY Whispering Hill c, LLC, a Delavare Limited Liability Company CONTRACTOR 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. L,nNfV[1 Commission N 1516988 z Notary Public • California5 Orange County 61My Comm. Expires Oct 1, 20081 (seal) Signature of 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 -- El 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 -- El Limited --❑ General ❑Attorney -in -Fact ❑Trustee ❑Guardian or Conservator []Other: Signer is Representing: CALIFORNIA ALL-PURPOSEOKNOWLEDGMENT • State of California County of On JAN 12 1005 before me, Paris Shahabit Notary Public Neme and Title of Offiosr (e.g., 'Jane Doe. Notary Public' 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 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 official seal. Signature of Notary PW'. 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: • 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 Attorneys) -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. 00101-00 13 00 03 03 Page I of 2 Printed in U.S.A. In Testimony Whereof, the Company' caused this instrument to be signed an 3 corporate seal to be affixed by. their authorized officers, this 21st day of Me ,.n, 2003. Arch Insurance Company Attested and Certified Jost/. Labell, Corporate Secretary ur 1c7 7}tomys P. L— uckSt eFVce President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS 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 Melissa B. Gilligan, Notary Pub 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 .IAN 12 1006 , 20 f � ,los �, 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 OOML0013 00 03 03 Page 2 of 2 MO �uou„ 3.q xeK F Printed in U.S.A. \Clssaati _ ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM 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. \� 10� �V-N ARCH INSURANCE COMPANY ENDORSEMENT V . I . Bond Number: SU 5019296 To be attached to and form a part of Whispering Hills West Canyon - Tract 16634 Monumentation 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 By: Woodbridge Communities II, LLC, a Delaware limited liability tpany Its Manager By: Toddnninghana is Manager ,Vo ARCH INSURANCE COMPANY (Surety) DIRECT CORRESPONDENCE TO: ARCH CONTRACTORS & DEVELOPERS GROUP, 135 N. LOS ROBLES AVE., #625, PASADENA, CA 91101 PHONE (626) 639-5200 • FAX (626) 639-5210 0 CALIFORNIAALL-PURPOSE STATE OF CALIFORNIA County of Orange 0 APP T 2009 On before me, Michelle Haase,Notary Public Date Here Insert ame and Title of the Officer personalty appeared Janina Monroe Names) of Signer(s) MICHELLE HMSE Camyplon N 1510135 00ury public • CatSfomu o Cou" p'pt M p oflan Au 22 a 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 thathe/sheAhw executed the same in 44i6/her/their authorized capacity0es)r, and that bybie/her/t#ais signature* on the instrument the person(@)7 or the entity upon behalf of which the persort(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 seal. Signature ) &'a Place Notary Seal Above 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 Signer(s) Other Than Named Above: Capacity(iss) Claimed by Signer(s) Si El Attorney in El Trustee El Guardian c Sig Number of Name: Signer's Name: Individual ❑ Individual Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General 0 2007 National Notary Assoclat on • 9360 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • w NatlonalNotaryorg Item #5901 Reorder: Cell TWI-Free 1.800-8]66829 0 0 STATE OF CALIFORNIA COUNTY OF ( ✓Lt Y1Q D. On —14061 0-71 9009 before me, kaufgA �" i -N-r6,rn a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person* whose name( is/are subscribed to the within instrument and acknowledged to me that he/941e/they executed the same in his1*w/#teir authorized capacity(ies&), and that by his/per/tai signature(oon the instrument the person(4,, 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 seal. LAUREN EITTREIM CoMM.# 1716475 ,,^^ NOTARY PUBLIC -CALIFORNIA Y! ORANGE COUNTY MY COMM. EXP, JAN, 13, 2011 Signature(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 ATTORNEI• 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)4n-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, 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 C r Martin J. Nil #, Secretary J. 14 hael Peti, Vice PrIbsidefif 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 rNOT COAAIONWBALTHOFPMOSYLVAMA _ BrCX Knhn Notary Pubfic Brian C. Kuhn; Notary Public City of Philadelphia, PhilsddphiaCounly My commission expires 12-06-2011 CERTIFICATION M eommisaionaxpiraDeumtar06,2011 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 corporaft a 1 of the Arch Insurance Company on this day oAPR 0 7 2009 , 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 ce cmc �w� OOMLOO13 00 03 03 Ifstead Page 2 of 2 Printed in U.S.A.