BOND NO. 1001047762
PREMIUM $59,151.00
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Huntington Beach, State of California, and Huntington Industrial Gateway !!I, LLC
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and compete designated public improvements, which said agreement, dated - and identified as project PM 2022-107. is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefor, we, the principal and_ U.S. Specialty Insurance Company as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the penal sum offour Million Seven Hundred Thirty-Two One Hundred dollars ($4,732,100.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmiy by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, 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.
FAITHFULL PERFORMANCE BOND FM..doc
The surety hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on March 07 _ 2023
Huntington Industrial Gateway I!!, LLC, as Principal
By (See attached Signature Block)
By.
U.S. Specialty Insurance Company - as Surety
BEnith Garibay, Attorey in-Fact
By.
APPROVED AS TO FORM
By:_
MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
FAITHFULL PERFORMANCE BOND FM doc
Signature Block
Bond no. 1001047762
Faithful Performance Bond
Huntington Gateway Industrial III, LLC, a
Delaware limited liability company
By: SRG Huntington Gateway III, L.P., a
Delaware limited partnership
Its: Managing Member
By: SRG Investors, LLC, a
Delaware limited liability company
Its: General Partner
uPonu
Name: Lavin konst
Its: _
STATE OF CALIFORNIA
) SS
COUNTY OF ORANGE )
oN March 13, 2023 BEFORE ME. _ Alexis Abad _ A
NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Larry Lukanish _. PROVED TO ME ON THE BASIS
OF SATISFACTORY EVIDENCE TO BE THE PERSONS 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.
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 abail
ALEXIS ABAD
SEAL Notary Public - Callfornia
Oranse County
Commission # 2427441
му omm. Expires Nov 20, 2026
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE
ON _ BEFORE ME, _ A
NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED _. PROVED TO ME ON THE BASIS
OF SATISFACTORY EVIDENCE TO BE THE PERSONS 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.
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
SEAL
FAITHFULL PERFORMANCE BOND FM..doc
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of he individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange )
03-07-2023 before me, KASSANDRA DE LEON, NOTARY PUBLIC ,. (here insert name and title of the officer)
personally appeared EDITH GARIBAY ---
who proved to me on the basis of satisfactory evidence to be the persong) whose name(e) is/axy subscribed to the within instrument and acknowledged to me that xx/she/xx executed the same in xxx/her/xxxx authorized capacityles), and that by kis/her/six signatures) on the instrument the persong), or the entity upon behalf of which the person(x) 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.
KASSANDRA DE LEON
COM. #2408438
WITNESS my hand and official seal. Notary Public - California NRO1 Orange County
My Comm. Expires July 15, 2026?
Signature
(Seal)
KASSANDRA DE LEON, NOTARY PUBLIC
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The preceding Certificate of Acknowiedgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence:
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Notarial event is detailed in notary journal on:
containing pages, and dated Page # Entry #
The signer(s) capacity or authority is/are as: Notary contact:
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representing:
Name(s) of Personts) or Entitylies) Signer is Representing D Copyright 2007-2021 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Mease contact your Authorized Reseller te purchase coples of this form.