BOND NO. 800043002
PREMIUM 1 Labor and Pateral Bond
GUARANTEE AND WARRANTY BOND
WHEREAS, Huntington Gateway Industrial II, LLC _ as
a Principal, and Atlantic Specialty Insurance Company _ a corporation organized under the laws of the State of _ New York and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the penal sum of_Four Hundred Twenty-Six Thousand Six Hundred Sixty and NO/100, representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally.
WHEREAS, the said Principal entered into a contract with said Obligee, dated 12/21/2021 for work described as follows: Tract No. 2019-153
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one-year period.
WHEREAS, said work has been completed, and accepted by Obligee on NOW, THEREFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship, which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on November 10 _ 20_23
Huntington Gateway Industrial II, LLC, as Principal
By
Atlantic Specialty Insurance Company, as Surety
By
Eith caribery goney in Fad
1 Signature Block
Bond no. 800043002
Guarantee and Warranty 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: TUTHORIZED A
APPROVED AS TO FORM
By:
MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
80808080880808088808808088838083888888888888888888888888888888888888181888898088888588588808880838080808080808080808088888898898828988838 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.
State of California
County of Orange
on November 20, 2023 before me, Alexis Abad, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Patrick Russell
Name(s) of Signers)
who 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.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
ALEXIS ABAD paragraph is true and correct.
Notary Public - California
Orange County WITNESS my hand and official seal.
Commission # 2427441
My Comm. Expires Nov 20, 2026
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing: _
1888081898880808888888888888888888088889888989808880838080838080808 30808088868080808 ©2019 National Notary Association
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
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.
State of California
County of Orange
11/10/2023 KASSANDRA DE LEON, NOTARY PUBLIC,
On 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(e) whose name(e) is/axesubscribed to the within instrument and acknowledged to me that e/she/s executed the same in xxx/her/xxxx authorized capacitysisd, and that by big/her/took signature/g) on the instrument the person (e), or the entity upon behalf of which the person (g) 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
Notary Public • California NR01
WITNESS my hand and official seal. Orange County
My Comm. Expires July 15, 2026 P
Signature
(Seal)
KASSANDRA/DE LEON, NOTARY PUBLIC
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Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification Proved to me on the basis of satisfaciory evidence:
titled/for the purpose of
• formis) of identification © credible witnesses)
Notarial event is detailed in notary jearnal on:
containing pages, and dated Page # Entry #
The signer(s) capacity or authority is/are as: Notary contact:
• Individual(s) Other
X Attorney-in-Fact [ Additional Signers) Signer(s) Thumbprints) • Corporate Officers)
hitletsi
Guardian/Conservator
Partner Limited/General
Trustee(s)
] Other:
representing:
Mamets) of Personts) or Faaltylies) Signer is Representing • Copyricht 2007-2021 Notary Rotary, PO Box 4'400, Des Moines, IA 50311-0507 All Rights Reserved. Rem Kumber 101772 Please contact your Authonzed Reseller to purchase copics of this form intact
INSURANCE Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Edith Garibay, Eugene T. Zondlo, Kassandra De Leon, Kim E. Heredia, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, ecognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact sha e as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidav required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, indertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company is the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.
CORPORATE
SEAL
1986 By
STATE OF MINNESOTA NEW YORK Sarah A. Kolar, Vice President and General Counsel
HENNEPIN COUNTY
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ALISON DWAN NASH-TROUT
NOTARY PUBLIC - MINNESOTA
Notary Public
are and has net, secreake, an Aire SPOnSe TrY INSUR AN O COMPANY, a Nev York Corporation, do hereby centity that the foregoing power of atormey is in ful Signed and sealed. Dated 10th _2023
Kantaw
This overal 31, mey expires Kara L.B. Barrow, Secretary Please direct bond verifications to [email protected]