BOND NO.1001047762
PREMIUM Included in Performance Bond.
LABOR AND MATERIAL 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 complete 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, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Twe Million Three Hundred Sixty-Six Thousand Fifty dollars ($2,366,050.00 -, for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitied to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 1 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
In witness whereof, this instrument has been fully executed by the principal and surety above named, on March 07 2023
Huntington Industrial Gateway III, LLC , as Principal
By _ (See attached Signature Block)
By
U.S. Specialty Insurance Company _, as Surety
APPROVED AS TO FORM
BY: MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
2 Signature Block
Bond no. 1001047762
Labor and Material 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
By:
Name:_
Its:
STATE OF CALIFORNIA
) S$
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 aus abael
ALEXIS ABAD
SEAL Notary Public - Callfornia
Orange County
Commission # 2427441
My Comm, Expires How 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 verifes 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
on 03-07-2023 KASSANDRA DE LEON, NOTARY PUBLIC ,
before me,
(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 person) whose name(x) is/xxx subscribed to the within instrument and acknowledged to me that xx/she/xxx executed the same in xxx/her/*xxx authorized capacityliss), and that by big/her/xix signature!) 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
COMM. #2408438
WITNESS my hand and official seal. Notary Public • California NRO1 Orange County
My Comm. Expires July 15, 2026/
Signature
KASSANDRA DE LEON, NOTARY PUBLIC (Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification Proved to me on the basis of satisfactory evidence:
titled/for the purpose of
O form(s) of identification O credible witnesses)
Notarial event is detailed in notary journal on:
containing pages, and dated Page # Entry #
The signers) capacity or authority is/are as: Notary contact:
• Individual(s) Other
X] Attorney-in-Fact
I Additional Signer(s) • Signer(s) Thumbprint(s)
• Corporate Officers)
Title(s)
• Guardian/Conservator
• Partner - Limited/General
• Trustee(s)
• Other:
representing:
Namc(s) of Person(s) or Entity(ies) Signer is Representing D Copyright 2007-2021 Notary Rotary, PO Box 41400, Des Moines. IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
TOKIO MARINE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute Eugene T. Zondlo, Kim E. Heredia or Edith Garibay of Irvine, California its true and lawful Attorneys)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed
(***5,000,000.00***). This Power of Attorney shall expire without further action on January 31st, 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of September, 2021.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY State of California
County of Los Angeles By:
Daniel P. Aguilar, Vice President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
D. LITTLEFIELD
WITNESS my hand and official seal. Notary Public - Callfornia Los Angeles County
Commission # 2320307
My Comm. Expires Jan 31, 2024
Signature (seal)
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 7th day of March 2023
Corporate Seals1 001047762 (AEB SURED
Bond No.
* solo
Agency No. 2256 Kio Lo, Assistant Secretary
HCCSMANPOA09/2021