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16-1128_WHISPERING HILLS, LLC_Bond Release SU502219632400 PASEO ADEIANiO SAN JUAN CAPISTRANO. CA 92675 (949) 4931171 (949) 4931053 FAX umm.sonJuancaplstrano.019 November 28. 2016 MEMBERS OFTIE CRYCOUNCIL SAM ALLEVATO KERRY K. FERGUSON PAM PATTERSON, ESO. JOHN M. PERRY DEREK REEVE Arch Contractors & Developers Group 135 N. Los Robles Ave., Suite 825 Pasadena, CA 91101 Re: Release of Bond — Whispering Hills/Rancho San Juan Development LLC — Grading Bond East Canvon Tract 16634 Dear Sir or Madam: This letter is to inform you that the following bond issued to Whispering Hills/Rancho San Juan Development, LLC — Grading Bond East Canyon Tract 16634 — Permit B09-0080 is officially released as of November 2, 2016: BOND NO. SU5022196 PURPOSE Performance Bond ORIGINAL AMOUNT $ 1,330,000.00 REDUCED AMOUNT $ 655,000.00 The City of San Juan Capistrano hereby fully and forever releases and discharges the Arch Insurance Company from any and all liability under the abovementioned bond number. Enclosed please find the release original bond and copy of endorsement. If you have any questions, please do not hesitate to call me at (949) 443-6310. Sincerely,' jhrlsty Jakl, CMC Assistant City Clerk Enclosures as noted cc: Steve May, Public Works and Utilities Director Eric Bauman, Assistant Utilities Director George Alvarez, City Engineer Hossein Ajideh, Senior Civil Engineer Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future u L) ORIGINAL Bond No. SU5022196 Premium: $13,300.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that whispering Hills, LLC as principal (hereinafter called "contractor", and Arch Insurance Company , as Surety (hereinafter called 'Surety"), are held and firmly bound unto the City of San Juan Capistrano, as oblige (hereinafter called "city"), in the amount of Dollars .($ 1,330,000.00 ) 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): Whisoerina Hills - East Canyon Tcact 16639 - Gradin Bond which contact is, by reference, made a part hereof. NOW, THEREFORE, the'condition of this obligation Is such that, if contractor shall promptly and faithfully perform said agreement then this obligation shall be null and vold; 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 Contractor In the event of default. 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 the City In successfully enforcing such' obligation, all to be taxed as costs and Included in any judgment rendered. 2. Said Surety, for valve received, hereby stipulates and agrees that no change, or extension of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligation or this bond, and. it does hereby waive the notice of any such change, extension of time, alteration or modification of the contract documents or of work the be performed thereunder. Date: Node, ay •' �, Signature: City Clerk City of SanJuan apis M D ^PIGINAL Executed this 7th dayof December 20 06, At Irvine .California. ape np Hills, LLC, a Delaware limited Liability Company By: Concorde Development, L.P., a California limited partnership BlgtFI 9At&tla, LL a Ga orma corpora ion, enera P 01GENA D. GENTRY Cammirbn Y 1692242 z NalarY Nbaa - Cditmio q orargs county M/Camm.F yao211,201 By: jne 4NOTAR17A71ON AN15 SEAL) Arch Insurance Company S RETY (NOTARIAZATION AND SEAL) Janina Monroe, Attorney—in—Fact APPROVED AS TO FORM: John Shaw, City Attorney CALI1FORN1A ALL-PURM CKNOWLEDGMENT State of real i i a County of orange V ORIGINA L On OEC 0 ^ 20118 before me, Paris Shahabi, Notary Public , ue,rw ue Tw m ory I..a.. -.ane ooe. xdw wdaT personally appeared Janina Monroe , numl or &onMA ><❑ 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 pM15 SHAMABI same in his/her/their authorized capacity(ies), and that by - ccmnusslon # 1572409 his/her/their signature(s) on the instrument the person(s), 33 Notory pvWlc camomla Orange County or the entity upon behalf of which the person(s) acted, IdYCmrvn F, , 2q, 2009 exec Wed the instrument. WRNES hand and offici awe.. mems wee OPTIONAL Though the intormafion below is not required bylaw, it may prove minable to persons relying on the document end couldprevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Capacity(es) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ TBIe(s): ❑ Partner - O Limited ❑ General IM Attomey-in-Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Too or thumb 1" Signer is Representing: BD -rim ele7 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Top or thumb here Signer is Representing: L) ORIGINAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �M State of California County of /ILFticq!:r=2 ss. On ZZ //. J'DOG before me,�e96-JJcan.wmmeau mr (ry , Pupae) personally appeared ls�i , rLm2 Nema(e1 o1519negs) s F�: Mu242 4y pqo - Cf O -W County z Plw himary Sm Pfove Arpersonally known to me ❑ 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. S" Wre el NMryPud'v OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent Ireudulent removal and reattachment of this form to another document. Description of Attached Dogyment Title or Type of Document:, Document Date: Signer(s) Other Than Named Above: Cepacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Cl Corporate Officer—Title(s): ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — u Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r ztW p OLd NeWrel Nolery Aaxc4Ym•933J ne eolo Are.. P.O. Box2902•ChmSxoM, CA 9131384M Ilam Na. 6BT RaoNer'. CM TM-0rea LSWA]66537 � POWER OF ATTORNEY � L) ORIGINAL, Know All Men By These Presents_ That the Arch Insurance Company, a corporation organized and existing under the taws 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) Chrisftne Marotta of Chicago, iL its true and lawful Attorney(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 authadiy 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 revoker 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 Chyl-HA R4i wov+ :.,-%Vff., A":41%6 r y'&+R nW -*;rsnW4' 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 sheli 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, seated 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. OOMI-0013 00 03 03 Page 1 of 2 Printed in U.S.A. in Testimc� gg ^rpany���::: ti:� fib, :^:e.^.t to ba signed and —'))orate seal to be affixed by thrsir rized�tt; autho day or April . 2006 _ Arch Insurance Company Attested and Certified cibumm PAL tffuotd �r Martin J. Nilse ecretary Edward M. T- --Clce. President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and 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 asthe free voluntary act said corporation and as their own free and voluntary acts for the pus J CALirpos Esamin set forth. Notary Public, State of Now Ybrkc No. 02CA61c9336 r J. Nota ublic 01-Aiffed in New York County Pe Commission Expires May 3, 2008 My commlsslo expires 5-03-2008 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated 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 Edward M. Titus, 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 :^THEREOF, I have hwauntto suti=cxibed „; name and a the corpora se 1 of the Arch Insurance Company on this day of Re 6, 20 Martin J. NIVI. 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. ✓ ARCH INSURANCE COMPANY Bond Number: SU 5022196 ENDORSEMENT To be attached to and form a part of Tract 16634 - Whispering Hills-EastDanvomGrirdineBopd, issued by the undersigned company, as Surety on behalf of Rancho Sen Juan Devclooment LLC. a Delaware limited liability company as Principal, in favor of City of San Juan Capistrano as Obligee, Effective 4/0712009 the Principal and the Surety hereby agree to amend the attached bond as follows: Principal Name Change: From: Whispering Rills. 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 very, alter or extend any of the provisions, conditions, or otter terms of this bond except as above stated. SIGNED, SEALED, DATED: 4/072009 RANCHO SAN JUAN DEVELOPMENT LLC, a Delaware limited liability wmpsny (Principal) By. Woodbridge Builders, LLC, a Delaware limited liability wmpwy Its Manager Member By. Woodbridge Communitiesl[,LLC, a Delnwata It hod liablll ompsny Its Manager By: Todd' ing onager ARCH INSURANCE COMPANY (Surety) Date:Le Signature: City Clerk A City of San )u n apistr o, DDtECT CORRESPONDENCE TO: ARCH CONTRACTORS & DEVELOPERS GROUP,135 N. LOS ROBLES AVE., #826, PASADENA, CA 97101 PHONE (828)8305200. FAX (928) 83&6210 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Countyot Oran e APR 0 7 200 On before me, Michelle Haase Notary Public oau em n:en urnow eanm ommr personally appeared Janina Monroe Narcis)ol Sisnerts) MICHELLE HAASE Commission # 1810138 Notary public - California Orange Cgulrty M Comm. Emilia Au 22 2012 Pkw Nolen/ Saul Abovo who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are-subscribed to the within Instrumenit and acknowledged to me that-Wshel executed the same In kismarllheaaulhadzi capaci , and that byJde/herAheka signatureEs}on the Instrument the person(a)s or the entity upon behallf,of which the person(a)- acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the Stets of California that the foregoing paragraph Is two and craned. Witness my hand and official sea. Signature ulgwr 0NClery PUNk 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 Document D Signer(s) Other Than Capacity(les) Claimed by Slgner(s) Signer's Name: ❑ Individual ❑ CorporateOfficer—Title(s): ❑ Partner —❑Limited❑General ❑ Attorney In Fad - • - 0 Trustee ❑ Guardianor Conservator Top of thumb here ❑ Other: Signer Is Representing: Number of Pages: Signers Name: ❑ Individual ❑ Corporate OOlcar—Title(s): ❑ Partner— ❑ Limited O General ❑ Attorney in Fad = • ❑ Trustee eIEIII ❑ Guardian or Conservator Top of thumb here O Other: Signer Is Representing: •p . »rn,,;✓ e'ryYN<'rrr'rvra m;4�rN �Y [ o<'_ 'N '2M9rJ'+A. <:xe" STATE OF CALIFORNIA COUNTY OP On 14001 07, a0o9 before me, _ �.Qu,ren t' i [{�'r� , a Notary Public, personalty appeared who proved to me on the basis of satisfactory evidence to be the person(e) whose nameW Is/ere subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/tHefr authorized capacityk&), and that by his/hw/their-slgnature*on the Instrument the person(r+, or the entity upon behalf of which the person(e) 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 COM9-my NNOTARYUBUC•„GALWORN1A COUN. Ev. Ja.13, 2019 C _ Capacity Claimed by Signer © Individual 0 Corporate Officer Tice O Partner(s) O Attorney -In -Fact Cl Trustee(s) O Guardian/Conservator 13 Other: OPTIONAL INFORMATION Description of Attached Document Title or Type of Document Date of Document Number of Pages 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 Paul Boucher, Susan Thurston. Janina Monroe, Timothy J. Noonan, Leonard G. Fodemski and Mark Zwlckel of Los Angeles, CA (EACH) its true and lawfulfWmey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on Its behalf as surdty, 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 some 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 Companymay revoke this appolAtment at anytime. The execution of such bonds and undertakings in pursuance of these,•present&thali be as binding upon the said Company asf Ay and amply to all Intents and purposes, as If the'samhad' e beoin duly executed and acknowledged by its regularly elected officers at its principal office In Kansas City, Missolid. This Power of Attorney is executed by authority of resQluVons adopted by unanimous consent of the Board of Directors of that Company.on March 3, 2003, true and accurala copies of which are hereinafter set forth and are'hereby oeMed 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 Ned 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 Attomey 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 fled with the Secretary, and the signature of the Secretary, the seal of the Company, and certificatlons 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, 200% and any such power so ekocuted. sealed and oerlifled 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 9 of 2 Printed In U.S.A.