06-0112_WHISPERING HILLS , LLC_Labor & Material Bond SU5018274 (West Canyon - Street Appurtenances•Bond No. SU5018274
Premium: Included in cost
of performance.
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange
County, California, hereinafter called `City', has permitted'the construction of certain
improvements to yn!i !pering Hills, LLC, a Delaware Limited Liability
company , hereinafter called "Contractor"; and,
WHEREAS, said improvements are more particularly described as follows:
Tract 16634 West Canyon Whispering Hills - Street and Related Appurtenances
and,
WHEREAS,_.the Contractor is required to furnish a laborand material bond pursuant
to the statutory requirements of the 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, or for 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 firmly bound unto the City of San Juan
Capistrano, a municipal comoration, in. the penal sum of Four Hundred seventy Six Thousand
and 00/100 DOLLARS ($_ 476, 000.00 ), lawful money of.the
United States of America, for payment of which sum well and truly to be made we bind
ourselves, ocirheirs, executors, administrators and successors, jointlyand 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, orsub-contractors, shall failto pay
foranymaterlals; 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 specked in this bond and also in 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.
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.
=Rg>k
6985
ifomlaor
Nt 1, 2008
(seal)
Public
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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 Cal i fornia
County of
On
JAN 12 2006
before me, Paris shahabir Notary Public
Name and TRIe of Officer (e.g., '.Jane Doe. Notary PuMk-)
personally appeared Janina Monroe
Names) of signer(s)
xQ 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
R4bS SIY4WI his/her/their signature(s) on the instrument the person(s),
CdnrWYon / 16M109 or the entity upon behalf of which the person(s) acted,
Nakiry him - Cti cmb executed the instrument.
OWVG COW*
MVCarrlrtl r ' Aw 4,1009
WITNESS my hand and official seal.
signature of Notary PLti is
OPTIONAL
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fraudulent removal and reattachment of this toren to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(es) 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:
Top of thumb here
• 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.
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, the Company' caused this instrument to be signed an( corporate seal to be affix9d by their
authorized officers, this 21st day of Maim, 2003.
Arch Insurance Company
Attested and Certified
velw
.los . Labell, Corporate Secretary f1T)
Thomas P. Luckstone, Vice 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
/7�& ®lL%)
Melissa B. Gilfigan, Notary Pubfie
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 2N , 20
Jos 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 ► srM
Page 2 of 2 F Printed in U.S.A.
kiisard
0
ARCH Insurance Company
11
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.
0
0
ARCH INSURANCE COMPANY
ENDORSEMENT
Bond Number : SU 5018V3—
To be attached to and form a part of Tract 16634 West Canyon Whispering Hills - Storm Drain 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 company
Its Manager VW///By:
Tod unningham, Its Manager
ARCH INSURANCE COMPANY
(Surety)
DIRECT CORRESPONDENCE TO:
ARCH CONTRACTORS & DEVELOPERS GROUP, 135 N. LOS ROBLES AVE., #825, PASADENA, CA 91101
PHONE (626) 639-5200 • FAX (626) 639-5210
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u
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
Cou KNrf1R6?79M9
40
On before me, Michelle Haase- Notary Public
Date Here Insert ante and Title of the Officer
personalty appeared Janina Monroe
Names) of Signer(s)
MICHELLE HMBE
Commission et 1810188
Notary Public - CW*rnie
Cringe County
My Comm. Egret Avg 22. 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 kis/her/their authorized capacity(ies?,
and that byiais/her/tkeiF signature(* on the instrument the
persona , or the entity upon behalf of which the persor4&)-
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 .ln,/Lo.t"alO,Qe
Place Notary Seal Above Signatur f Notary Pudic
OPTIONAL
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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 El General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of
Signer's Name:
❑ Individual
❑ Corporate officer —Title(s)_
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
m 2007 National NotaryAssociation - 9350 De Soto Ave., P.O. Bax 2402 - ChatsworN, CA 91313.2402 • www.NatlonalNotaryorg Item #5907 Reorder: Cell Toll -Free 1-800.8]8-882]
POWER OF ATTORNEO
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 attorneys -in -fad,
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.
OOML0013 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 affored by their
authorized officers, this 1 st day of May 2008 .
Attested and Certified
MRMMTF�j�"�LO
��3.e
R SELL t
`_ IBrorrl
Martin J. Nil #, Secretary
6t1t-i]111-99il &Vtw_LIF�.IW
COUNTY OF PHILADELPHIA SS
Arch Insurance Company
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
COb1MONWPALIH OF PWN9VLVAI�AA
NOTARIAL SEAL
Brian C. Kuhn, Notary Public Brian C. Kuhn; Notary Pubic
CiryofPhiladelphie,PhiladelphiaCowry My commission expires 12-06-2011
CERTIFICATION M commissionexpiraDecembn06,2011
1, 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 aff ed the corpo s I of the Arch Insurance
Company on this day ofAPR Il 7 iflnq , 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
OOML0013 00 03 03
Page 2 of 2
Printed in U.S.A.
r '
Bond No. SU5018273
Premium: $.3,560.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Whisperine 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 Three Hundred Fifty six
Thousand and 00/100 ($356, 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 west Canyon
Whispering Hills - Storm Drain
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, thereshall 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
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 12th day of January
Irvine , California.
APPROVED AS TO FORM
QAk=
JO R. SHAW, CITY ATTORNEY
201 06 , at
PRINCIPAL Whispering Hills, LLC, a
Delamirp Limited Liability Company
(NO ION AND SEAL)
Arcb Insurance Company
Monroe
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
Commisslon * 1516985 z
SNotary Public - California 5
YeMy
Orange County
Comm. Explres Oct 1. 200
(seal)
Signatui = o otary 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(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:
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-PURPOSEWKNOWLEDGMENT •
State of California
County of orange
On JAN 12 2066 before me, Paris Shahabi, Notary Public
Nemo "Title of MR= (e.g., _Ane Doe. Notary PuWm")
personally appeared Janina Monroe
Nemee) of Signer(a)
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
FMRD 9HAK40 his/her/their signature(s) on the instrument the person(s),
CotntnYYo l# 187240 or the entity upon behalf of which the person(s) acted,
Moloy Rb10 - Cawamb executed the instrument.
VSEV ma -Cantu1
21
WITNESS my hand and official seal-
sigraM of Nosy pubk
OPTIONAL
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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: Top of thumb here
Signer Is Representing:
BD -1133 9197
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:
Top of thumb here