Bakersfield City Council
October 21, 2026

January 21, 2026
Jackie Lancaster
Provost & Pritchard Consulting
Via Email to: [email protected]
Re: Austin Creek Annexation Project, Kern County
To Whom It May Concern:

As requested, a search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed based on information submitted for the above referenced project. The results were negative. Be aware that tribes do not always record their sacred sites in the SLF, nor are they required to do so. As such, an SLF search is not a substitute for consultation with all tribes that are traditionally and culturally affiliated with a project’s geographic area.

Attached is a list of Native American tribes that are traditionally and culturally affiliated with the project’s geographic area. Please contact all of the listed tribes as they may have information about sacred sites within the project area that is not listed with the NAHC.

If within two weeks of notification, a response has not been received, the Commission requests that you follow up with a telephone call or email to ensure that the project information was received.

If you receive notification of a change of address or phone number from a tribe, please inform the NAHC so that we can assure that our lists contain current information.

In addition to engaging in tribal consultation, you should consult the appropriate regional California Historical Research Information System (CHRIS) information center to determine whether it has information regarding the presence of recorded archaeological sites within the project area.

If you have any questions or need additional information, please contact me at [email protected].

Sincerely,
Mathew Lin, MPP
Cultural Resources Analyst
Attachment

CHAIRPERSON
Reginald Pagaling
Chumash

VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki

SECRETARY
Isaac Bojorquez
Ohlone-Costanoan

PARLIAMENTARIAN
Wayne Nelson
Luiseño

COMMISSIONER
Sara Dutschke
Miwok

COMMISSIONER
Stanley Rodriguez
Kumeyaay

COMMISSIONER
Bennae Calac
Pauma-Yuima Band of
Luiseño Indians

COMMISSIONER
Vacant

COMMISSIONER
Vacant

EXECUTIVE SECRETARY
Andrew Alejandre
Paskenta Band of
Nomlaki Indians

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
County Tribe Name Fed (F)
Non-Fed (N)
Contact Person Contact Address Phone # Fax # Email Address Cultural Affiliation Kitanemuk & Yowlumne Tejon Indians N Delia Dominguez, Chairperson 115 Radio Street Bakersfield, CA, 93305
(626) 339-6785 [email protected] Kitanemuk
Southern Valley Yokut
Northern Chumash Tribal Council N Violet Walker, Chairperson P.O. Box 6533 Los Osos, CA, 93412
(760) 549-3532 [email protected] Chumash
Santa Rosa Rancheria Tachi Yokut Tribe F Nichole Escalon, Cultural Specialist l
P.O. Box 8 Lemoore, CA, 93245
(559) 924-1278 [email protected] Southern Valley Yokut Santa Rosa Rancheria Tachi Yokut Tribe F Samantha McCarty, Cultural Specialist ll
P.O. Box 8 Lemoore, CA, 93245
(559) 633-3440 [email protected] Southern Valley Yokut Santa Rosa Rancheria Tachi Yokut Tribe F Shana Powers, THPO P.O. Box 8 Lemoore, CA, 93245
(559) 423-3900 Southern Valley Yokut
Table Mountain Rancheria F Bob Pennell, Cultural Resource Director
P.O. Box 410 Friant, CA, 93626
(559) 325-0351 (559) 325-0394 [email protected] Yokut
Table Mountain Rancheria F Michelle Heredia-Cordova,
Chairperson
P.O. Box 410 Friant, CA, 93626
(559) 822-2587 (559) 822-2693 [email protected] Yokut
Tejon Indian Tribe F Curtis Alcantar, Cultural and
Natural Resource Manager
4941 David Road Bakersfield, CA, 93307
(661) 699-5138 calcantar@tejonindiantribensn.gov Kitanemuk Tejon Indian Tribe F Candice Garza, CRM Scheduler 4941 David Road Bakersfield, CA, 93307
(661) 345-0632 [email protected] Kitanemuk Tule River Indian Tribe F Kerri Vera, Environmental
Department
340 North Reservation Road Porterville, CA, 93257
(559) 781-4271 [email protected] Yokut
Tule River Indian Tribe F Felix Christman, THPO 340 North Reservation Road Porterville, CA, 93257
(559) 719-0420 felix.christman@tulerivertribensn.gov Yokut Native American Heritage Commission
Native American Contact List
Kern County
1/21/2026
Counties Last Updated
Kern Fresno,Kern,Kings,Los
Angeles,Madera,Monterey,San Benito,San Luis Obispo,TulareKern,Los Angeles,San Luis Obispo,Santa Barbara,Ventura 6/5/2023
Fresno,Kern,Kings,Merced,Monterey,San Benito,San Luis Obispo,Tulare 10/3/2023
Fresno,Kern,Kings,Merced,Monterey,San Benito,San Luis Obispo,Tulare 10/3/2023
Fresno,Kern,Kings,Merced,Monterey,San Benito,San Luis Obispo,Tulare 10/3/2023
Fresno,Kern,Kings,Madera,Monterey,San Benito,San Luis Obispo,TulareFresno,Kern,Kings,Madera,Monterey,San Benito,San Luis Obispo,Tulare 12/21/2023
Kern 3/4/2025Kern 3/4/2025Alameda,Amador,Calaveras,Contra Costa,Fresno,Inyo,Kern,Kings,Madera,Mariposa,Merced,Monterey,Sacramento,San 8/12/2025
Alameda,Amador,Calaveras,Contra Costa,Fresno,Inyo,Kern,Kings,Madera,Mariposa,Merced,Monterey,Sacramento,San 8/12/2025
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Austin Creek Annexation Project, Kern County.

Record: PROJ-2026-000276
Report Type: List of Tribes
Counties: Kern
NAHC Group: All
01/21/2026 01:31 PM
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JF S:\15_Zone Change\01_Active\2024\PP-ZC-24-0004_Austin Creek Park Prezone\01_Hearing Documents & Noticing Documents\PC\Zone Change 24-0004-escribe.docx

CITY OF BAKERSFIELD

PLANNING COMMISSION

STAFF REPORT
MEETING DATE: September 17, 2026 AGENDA CATEGORY: 5.d
TO: Chair and Members of the Planning Commission
FROM: Jennie Eng, Assistant Planning Director J. Eng
DATE: September 11, 2026
FILE: Zone Change No. 24-0004
STAFF PLANNER: Jose Fernandez, Associate Planner
REQUEST: A request to change the prezone classification from OS (Open Space) and A (Agriculture) to RE (Recreation) or a more restrictive district on 9.3 acres (Ward 4).

APPLICANT: Provost and Pritchard OWNER: North of the River (NOR) 1518 Mill Rock Way, Ste 100 3825 Riverlakes Drive
Bakersfield, CA 93311 Bakersfield, CA 93312
LOCATION: Northeast corner of Jenkins Road APN: 529-012-10 and -011 and Austin Creek Avenue.

PROJECT SIZE: 9.3 acres CEQA: Mitigated Negative Declaration EXISTING GENERAL PLAN DESIGNATION: OS-P (Parks and Recreation) EXISTING PREZONE CLASSIFICATION: OS (Open Space) and A (Agriculture) STAFF RECOMMENDATION:

Staff recommends approval of the Zone Change, its Mitigated Negative Declaration, and recommends the same to City Council.

SITE CHARATERISTICS: The project site is undeveloped land. Surrounding properties are primarily developed as: north – undeveloped residentially zoned land and undeveloped industrial land; east -a school district transportation facility zoned agriculture; south – developed residentially zoned land; westundeveloped residential zoned land.

File No. ZC 24-0004 Page 2
BACKGROUND AND TIMELINE:
• January 28, 1998 – City Council approved an amendment to the city zoning map by prezoning property located in the metropolitan Bakersfield area within the City’s sphere of influence boundary, which includes a portion of the project area (Ordinance No. 3819) • September 13, 2000 – City Council approved Zone Change No. 99-0872 to change the zoning to OS (Open Space) for various City and North of the River Recreation and Parks District (NOR) parks on portion of the project area (Ordinance No 3979).

PROJECT ANALYSIS:

Zone Change (“ZC”). The applicant is requesting a zone change classification from prezone OS (Open Space) and A (Agriculture) to RE (Recreation), or a more restrictive zoning district, for approximately 9.3 acres. The proposed zone change would establish a zoning designation appropriate for the future development and use of the property as a community park.

The project area is currently located outside the incorporated limits of the City of Bakersfield. Therefore, the proposed zone change constitutes prezoning in anticipation of future annexation into the City. If the property is subsequently annexed, the property would be assigned the RE (Recreation) zoning designation, as proposed, unless otherwise amended through a subsequent City action.

Prezoning. Prezoning establishes the City's intended zoning designation for unincorporated territory that is anticipated to be annexed into the City. State law generally requires a city to prezone territory proposed for annexation or provide evidence satisfactory to the Local Agency Formation Commission (LAFCo) that existing development entitlements are vested, at buildout, and consistent with the City's General Plan.

Prezoning provides several benefits. First, it establishes the City's intended zoning regulations that would become applicable upon annexation, providing property owners and surrounding residents with advance notice of the land use regulations that would govern the property following annexation. Second, prezoning communicates the City's intended future land use and development pattern to LAFCo as part of the annexation process.

Following annexation, the City is generally restricted for a period of two years from the effective date of annexation from amending the General Plan designation or zoning of the annexed territory in a manner that departs from the approved prezoning. This restriction may be waived if the City determines, following a public hearing, that a substantial change in circumstances has occurred that necessitates a departure from the prezoning.

The proposed prezoning is consistent with the property's OS-P (Parks and Recreation) General Plan land use designation, which provides for parks and recreational facilities. The proposed RE (Recreation) zoning designation would establish a zoning framework that is compatible with the property's planned use as a community park. Staff has also reviewed the identified parcels and notes that none are located within an identified physical constraint or hazard area that would preclude sustainable development of the property.

File No. ZC 24-0004 Page 3
Future Project Proposal. The proposed zone change would facilitate the future development of approximately 9.3 acres as a community park. The conceptual proposal includes two multipurpose athletic fields, two adult softball fields, two basketball courts, children's play structures, and a restroom facility.

The proposed improvements would provide opportunities for organized sports, active recreation, and neighborhood-serving recreational activities for children, youth, and adults.

A conceptual site plan has been provided for informational purposes; however, formal site development plans have not been submitted for City review. Accordingly, approval of the proposed zone change and prezoning would not constitute approval of the conceptual site plan or authorize construction of the proposed park improvements. Following annexation, any future development would be subject to the City's applicable development review process and all required permits and approvals.

Local Agency Formation Commission. The Local Agency Formation Commission (LAFCo) is responsible for overseeing changes in local governmental organization and jurisdictional boundaries within each county.

LAFCo has the authority to approve, disapprove, or conditionally approve proposals involving the formation of cities, annexation or detachment of territory, and other changes to the organization or jurisdiction of local government agencies. For this proposal, LAFCo's role would occur in connection with any future annexation of the property into the City of Bakersfield. The proposed prezoning establishes the City's intended zoning designation for the property in advance of annexation and provides LAFCo with notice of the City's intended future use of the territory.

Compatibility with Land Use Element. Staff has reviewed the proposal for compatibility with the applicable goals and policies contained within the Metropolitan Bakersfield General Plan Land Use Element and finds the following:
• Goal 2: Accommodate new development which provides a full mix of uses to support its population.

The proposed prezoning is consistent with Goal 2 because the project would facilitate the future development of approximately 9.3 acres as a community park providing recreational opportunities for the surrounding community. The proposed park would complement existing and future residential and other urban land uses by providing active recreational facilities, including multipurpose athletic fields, adult softball fields, basketball courts, and children's play areas. The project would therefore contribute to a broader mix of community-serving uses that support the needs of the local population. • Goal 3: Accommodate new development which is compatible with and complements existing land uses.

The proposed prezoning is consistent with Goal 3 because the proposed RE (Recreation) zoning designation is compatible with the property's existing OS-P (Parks and Recreation) General Plan land use designation. The proposed community park would provide a public recreational use that complements surrounding development by introducing neighborhood-serving recreational facilities and open space.

The proposed use is also consistent with the intent of the OS-P designation, which provides for parks and recreational facilities.
• Goal 4: Accommodate new development which channels land uses in a phased, orderly manner and is coordinated with the provision of infrastructure and public improvements.

File No. ZC 24-0004 Page 4
The proposed prezoning is consistent with Goal 4 because it establishes an appropriate City zoning designation in anticipation of future annexation and potential development of the property as a community park. The proposed prezoning would allow the City to establish the regulatory framework for the property before annexation, while future development would remain subject to applicable City development standards and review requirements. Any required infrastructure and public improvements would be evaluated as part of the future development review process. • Goal 6: Accommodate new development that is sensitive to the natural environment, and accounts for environmental hazards.

The proposed prezoning is consistent with Goal 6 because the proposed RE zoning designation is intended to facilitate a recreational use consistent with the property's OS-P General Plan designation. While the current request does not authorize physical development, any future development of the property would be subject to applicable environmental review, development standards, and regulations addressing sitespecific environmental conditions and hazards. These requirements would be evaluated through the City's development review process prior to construction.
• Policy 50: Coordinate with the appropriate agencies so that adequate land and facilities are set aside for schools, parks, police/fire, libraries, cultural facilities, recreational facilities and other service uses to serve the community.

The proposed project is directly consistent with Policy 50 because it would establish a zoning framework that facilitates the future development of approximately 9.3 acres for park and recreational purposes. The proposed community park would provide additional recreational land and facilities, including athletic fields, basketball courts, children's play structures, and associated facilities, thereby contributing to the provision of recreational opportunities to serve the community. • Policy 52: Locate new development where infrastructure is available or can be expanded to serve the proposed development.

The proposed prezoning is consistent with Policy 52. Although the current application does not authorize physical development, any future development of the property as a community park would be required to demonstrate that adequate infrastructure and public services are available or can be extended to serve the proposed improvements. Applicable infrastructure requirements, including water, sanitary sewer, access, drainage, and fire protection, would be evaluated during the future development review process. • Policy 53: Ensure that land use and infrastructure development are coordinated.

The proposed prezoning is consistent with Policy 53 because it establishes the City's intended zoning designation in advance of annexation and future development, allowing future improvements to be coordinated with the provision of necessary infrastructure and public services. Any future construction of the proposed park facilities would be required to comply with applicable City standards and infrastructure requirements through the City's development review and permitting processes. • Policy 75: Provide adequate land area for the expansion of existing uses and development of new uses consistent with the policies of the general plan.

File No. ZC 24-0004 Page 5
The proposed prezoning is consistent with Policy 75 because it establishes an appropriate zoning designation for approximately 9.3 acres that are designated OS-P (Parks and Recreation) by the General Plan. The proposed RE zoning would facilitate the development of a new community park and associated recreational facilities consistent with the property's planned land use designation. The proposed action therefore provides an appropriate regulatory framework for the future development of recreational facilities identified for the property.

ENVIRONMENTAL REVIEW AND DETERMINATION:

In accordance with the California Environmental Quality Act (“CEQA”), Staff prepared an initial study to review the potential environmental impacts of the project. The Initial Study was based on project-specific analysis and technical studies such as a Biological Review and Cultural Review.

The Initial Study determined that compliance with recommended mitigation measures, local ordinances, state laws, and construction to the standards of the Uniform Building Codes will reduce impacts to a lessthan- significant level. Incorporation of mitigation measures for biological, cultural and paleontological resources reduce impacts to less than significant levels. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with CEQA. The MND was circulated for a 30-day public and agency review period from July 10, 2026, to August 10, 2026 (SCH No. 2026070151).

Comments Received. As of this writing, no written public comments have been received.

PUBLIC NOTIFICATION:

Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian and posted on the bulletin board in the City of Bakersfield City Hall North, 1600 Truxtun Avenue, Bakersfield, California. All property owners within 300 feet of the project site were notified by United States Postal Service mail regarding this public hearing in accordance with city ordinance and state law. Signs are required as part of the public notification process and must be posted between 20 to 60 days before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division.

Comments Received. As of this writing, no written public comments have been received.

CONCLUSIONS:

Consistency with General Plan and Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan, which encourages continuity of existing development and allows incremental expansion of infrastructure. Additionally, the project would encourage infill of a vacant expansion area. As noted above, any future development will comply with all applicable regulations and design standards as identified in the Zoning Ordinance.

Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the existing land use designation and land uses in the surrounding area. Based on information in the record, Staff recommends your Commission: (1) Approve Resolution ADOPTING a Mitigated Negative Declaration pursuant to Section 15074 of the California Environmental Quality Act; and (2) adopt Resolution APPROVING the prezone change from OS (Open Space) and A (Agriculture) to RE (Recreation) or a more restrictive district and recommend same to City Council.

File No. ZC 24-0004 Page 6
ATTACHMENTS:

Attachment A: Map Set
• Aerial
• Zone Classification
• General Plan Designation
Attachment B: Mitigated Negative Declaration
• Biological Resources Review
• Cultural Resources Review
Attachment C: Planning Commission Draft Resolutions

ADMINISTRATIVE REPORT
MEETING DATE: October 21, 2026 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Brent Stratton, Chief of Police
DATE: October 5, 2026
SUBJECT: Resolution to Accept Funds from the Office of Traffic Safety (OTS) Mini Grant Program.

Office of Traffic Safety (OTS) Mini Grant Program:

1. Resolution authorizing acceptance of $30,000 in grant funding from the California Department of Alcoholic Beverage Control.

2. Appropriate $30,000 to the Police Operating Budget within the General Fund for the OTS Mini Grant Program
.

RECOMMENDATION:

Staff recommends adoption of the resolution and approval of the appropriation.

BACKGROUND: The City of Bakersfield has been awarded a grant in the amount of $30,000 from the California Department of Alcoholic Beverage Control (ABC) under the OTS Mini Grant Program. The grant funds will be used to implement an Alcohol Enforcement Team.

The program objectives are to reduce alcohol-related offenses through enforcement, education, and public awareness. The Alcohol Enforcement Team will accomplish these objectives by conducting ABC's Minor Decoy and Shoulder Tap programs, as well as Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) inspections. The goal of the program is to increase compliance with alcoholic beverage laws and regulations.

The California Department of Alcoholic Beverage Control requires a City Council resolution authorizing acceptance of the grant funding and execution of the grant agreement.

The requested appropriation of $30,000 will support eligible program expenditures within the Police Operating Budget.

FISCAL IMPACT: The $30,000 appropriation will be funded through the OTS Mini Grant Program, resulting in no net cost to the General Fund.

COUNCIL GOAL:

Safety and Resilience
ATTACHMENTS:

1. Grant Agreement and Exhibits

2. Resolution
-Page 1 of 3 Pages -
RESOLUTION NO. _____________

A RESOLUTION AUTHORIZING THE BAKERSFIELD POLICE

DEPARTMENT TO ACCEPT FUNDING IN THE AMOUNT OF
$30,000 MADE AVAILABLE THROUGH THE ALCOHOL

POLICING PARTNERSHIP PROGRAM OF THE CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL.

WHEREAS, the Bakersfield Police Department (hereafter “BPD”) desires to undertake a certain project designated as the Alcohol Enforcement Team to be funded in part from funds made available through the Office of Traffic Safety (hereafter “OTS”) Mini Grant Program grant administered by the Department of Alcoholic Beverage Control (hereafter “ABC”).

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:

1. The above recitals are true and correct and are incorporated herein by reference.

2. The Chief of Police is authorized to execute on behalf of the Bakersfield City Council the necessary contract documents for receipt of OTS grant funds from ABC, as reflected in the agreement attached hereto, including any extensions or amendments thereof and any supplemental contract with the State in relation thereto.

3. Any liability arising out of the performance of the grant agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency, to the extent required by and as set forth in the applicable grant terms. The State of California and ABC disclaim responsibility for any such liability.

4. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

5. The funds from this grant award are not subject to local hiring freezes and will be used in accordance with the grant terms.
---------o0o--------
-Page 2 of 3 Pages -
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _ , by the following vote:

AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER

JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and EX OFFICIO CLERK of the Council of
the City of Bakersfield
APPROVED: _________________
By

KAREN GOH
Mayor
APPROVED AS TO FORM:

VIRGINIA GENNARO
City Attorney
By___________________________
ASHLEY E. ZAMBRANO
Deputy City Attorney
Attachment(s): OTS/ABC Grant Agreement
-Page
3 of 3 Pages -
Agreement Number: 27-OTS101
City of Bakersfield through the Bakersfield Police Department

EXHIBIT A

SCOPE OF WORK
Purpose and Description of Services
Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed:
• Minor Decoy operations – designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both “On-Sale” and “OffSale” licensed establishments within the operations period of the grant. • Shoulder Tap operations – used to detect and deter adult furnishers outside of a licensed business and shall be performed at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses who are purchasing alcohol for minors outside of the stores within the operation period of the grant. • Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections – primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of noncompliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.
• Holiday Enforcement – This program consists of working general undercover and highprofile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations.

Holidays shall be defined as:
o Halloween – Friday, October 30 to Sunday, November 1, 2026 o Thanksgiving – Wednesday, November 25 to Sunday, November 29, 2026 o New Year’s Eve – Thursday, December 31, 2026
o St. Patrick’s Day – Friday, March 12 to Wednesday, March 17, 2027 o Cinco de Mayo – Friday, April to Wednesday, May 5, 2027 o Memorial Day Weekend – Friday, May 28 to Monday, May 31, 2027 o 4th of July – Friday, July 2 to Sunday, July 4, 2027
The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement.

In addition, contractor agrees to the following goals:
• Raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

Agreement Number: 27-OTS101
City of Bakersfield through the Bakersfield Police Department

• Establish and implement a coordinated effort between contactor and ABC, and acknowledges no operations will be conducted until after the contractor’s representative has completed training conducted by ABC. • Issue press releases as follows:
o To announce the start of the program
o At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy).
o At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). o At the conclusion of each IMPACT operation held.
• Email each press release to the Department’s Public Information Office, [email protected] as soon as it is released.
• In all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.” • Complete and submit monthly reports, in a format designed by ABC due no later than the 15th of the following month:
• Submit an Executive Summary as part of the final report due on or before September 15, 2027. The summary shall contain the following:
o An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project.
o Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. o Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project. o Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency’s continuing activities relating to alcohol problem prevention and enforcement.

Where possible, describe estimated savings resulting from implementing project results.
o Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.” o Documentation – Attach any relevant documents developed. Examples are new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc.

Agreement Number: 27-OTS101
City of Bakersfield through the Bakersfield Police Department

Contract Term
The operation period of the grant is October 1, 2026 through August 31, 2027 Project Representatives
The project representatives during the term of this agreement will be:

Bakersfield Police Department Alcoholic Beverage Control Paul Bender, Sergeant Jennifer Khan, Grant Coordinator
1601 Truxtun Ave. 3927 Lennane Drive, Suite 100
Bakersfield, CA 93301 Sacramento, CA 95834
(661) 326-3705 [email protected]
[email protected]
Bakersfield Police Department Alcoholic Beverage Control Lawrence Diego Kristine Okino, Grant Fiscal Analyst
1601 Truxtun Ave. 3927 Lennane Drive, Suite 100
Bakersfield, CA 93301 Sacramento, CA 95834
(661) 852-7144 [email protected]
[email protected]
Agreement Number: 27-OTS101
City of Bakersfield through the Bakersfield Police Department

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

INVOICING AND PAYMENT
• For services satisfactorily rendered, and upon receipt and approval of services, Alcoholic Beverage Control agrees to compensate for approved reimbursable costs of personnel overtime and benefits (actual cost) and travel.
• Invoices shall clearly reference the agreement number 27-OTS101 and must not exceed the total authorized contract amount of $30,000. Invoices shall be submitted on a bi-monthly basis, on the prescribed form designed by ABC.
• This grant is only for overtime compensation on approved operations and travel for training held on October 8, 2026 only.
• In accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 8, 2026. • Contractor understands in order to eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2026 and on or before the project termination date, August 31, 2027.
• Contractor understands any other costs incurred by contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of contractor. • OTS grant funded activities must be separate from other grant funded program activities and maintained under separate accounting tracking codes (example: the same DUI checkpoint may not be funded by both the CHP Cannabis Tax Fund and the OTS).

BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to contractor or to furnish any other considerations under this agreement and contractor shall not be obligated to perform any provisions of this agreement.
• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to contractor to reflect the reduced amount.

PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

Agreement Number: 27-OTS101
City of Bakersfield through the Bakersfield Police Department

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

Agreement Number: 27-OTS101
City of Bakersfield through the Bakersfield Police Department

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

Agreement Number: 27-OTS101
City of Bakersfield through the Bakersfield Police Department

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec.15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter ,the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to over charges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a)the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and Agreement Number: 27-OTS101
City of Bakersfield through the Bakersfield Police Department

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
Agreement Number: 27-OTS101
City of Bakersfield through the Bakersfield Police Department

b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI. c. Notification shall be provided to the State designee identified in this Contract. d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State. e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.
f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.

Agreement Number: 27-OTS101
City of Bakersfield through the Bakersfield Police Department

EXHIBIT D

SPECIAL TERMS AND CONDITIONS
Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

Contractor Certifications: By signing this agreement, contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/Standard-Contract-Language If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity.

OTS101 2100
SCO ID:

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control

CONTRACTOR NAME
City of Bakersfield through the Bakersfield Police Department

2. The term of this Agreement is:

START DATE
October 1, 2026

THROUGH END DATE
August 31, 2027

3. The maximum amount of this Agreement is:
$30,000.00 Thirty thousand dollars and no cents

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 1
Exhibit C * General Terms and Conditions (GTC 02/2025) 5 +
-
Exhibit D Special Terms and Conditions 1
Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Bakersfield through the Bakersfield Police Department

CONTRACTOR BUSINESS ADDRESS
1601 Truxtun Avenue
CITY
Bakersfield
STATE
CA
ZIP
93301

PRINTED NAME OF PERSON SIGNING
Brent Stratton
TITLE
Chief

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control

CONTRACTING AGENCY ADDRESS
3927 Lennane Drive, Suite 100
CITY
Sacramento
STATE
CA
ZIP
95834

PRINTED NAME OF PERSON SIGNING
Pattye Baker
TITLE
Chief, Business Management Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) Form Print Form

ADMINISTRATIVE REPORT
MEETING DATE: October 21, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: October 7, 2026
SUBJECT: CDBG Agreement with Community Action Partnership of Kern (CAPK) (not to exceed $645,344)
to provide Community Development Block Grant (CDBG) funds for the Friendship House Community Conference and Classroom Modular Building Installation (Ward 1) RECOMMENDATION:

Staff recommends approval of the agreement.

BACKGROUND:

The Friendship House Community Center, operated by Community Action Partnership of Kern (CAPK), is located at 2424 South Dr. Martin Luther King Jr. Boulevard, formerly Cottonwood Road, in Southeast Bakersfield. The Community Center primarily serves low- and moderate-income individuals and families by providing educational, recreational, youth, family support, workforce development, and other community-based services.

The Friendship House Community Conference and Classroom Modular Building Installation Project (Project) will provide additional space to expand services at the Community Center. The Project includes the purchase and installation of an approximately 960-square-foot modular building with classroom and conference space, restrooms, accessibility features, heating and cooling, electrical and data services, and associated site and utility improvements. The additional space will allow CAPK to expand programming and provide greater flexibility for evening and weekend services.

CAPK applied for $645,344 in City of Bakersfield Community Development Block Grant (CDBG) funds through the Fiscal Year 2026-27 Notice of Funding Availability (NOFA) to fund the Project. The proposed CDBG funding will support eligible costs associated with the design, permitting, site preparation, utility connections, construction, and installation of the modular building.

Following the withdrawal of the Catholic Charities Food Bank Expansion Project, previously allocated Fiscal Year 2025-26 CDBG funds became available for reallocation. The City subsequently amended its FY 2025-26 HUD Action Plan to reallocate $645,344 of the available CDBG funds to CAPK for the Friendship House Community Conference and Classroom Modular Building Installation Project.

FISCAL IMPACT:

There is no impact to the City’s General Fund. The project will be funded with $645,344 in federal Community Development Block Grant (CDBG) funds previously allocated in the FY 2025-26 HUD Action Plan and reallocated to the Friendship House Community Conference and Classroom Modular Building Installation Project.

COUNCIL GOAL:

Safety and Resilience
Community Character & Quality of Life
ATTACHMENT:

Agreement
CAPK Community Development Block Grant Modular Building Installation Page - 1 AGREEMENT NO. ___________________

FRIENDSHIP HOUSE COMMUNITY CONFERENCE AND

CLASSROOM MODULAR BUILDING INSTALLATION

COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (“CITY”), and COMMUNITY ACTION PARTNERSHIP OF KERN (CAPK), a non-profit, public-benefit corporation authorized to do business in California (“CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as “Parties” herein.

R E C I T A L S
WHEREAS, CITY is a recipient of funds from the United States Department of Housing and Urban Development (referred to herein as “HUD”) under Title I of the Housing and Community Development Act of 1974, and amendments thereto (“Act”), as administrator of the Community Development Block Grant (“CDBG”) having the Catalog of Federal Domestic Assistance number 14.218; and WHEREAS, as part of CITY’s approved Fiscal Year (“FY”) 2025-26 HUD Action Plan, CDBG funds were awarded to the Catholic Charities for their food bank expansion project; and
WHEREAS, Catholic Charities was unable to proceed with the food bank expansion project, resulting in the previously awarded CDBG funds becoming available for reallocation to another eligible CDBG activity; and WHEREAS, on November 3, 2025, CITY issued a Notice of Funding Availability requesting applications for eligible CDBG Programs for the FY 2026-27 Action Plan; and
WHEREAS, CONTRACTOR submitted an application requesting the reallocated CDBG funds for the Friendship House Community Conference and Classroom Modular Project (“Project”), consisting of the installation of a modular building at the Friendship House Community Center located at 2424 Cottonwood Road within CITY; and
WHEREAS, CITY desires to provide CONTRACTOR with Six Hundred Forty-Five Thousand Three Hundred Forty-Four Dollars ($645,344) in CDBG grant funding (“GRANT”) to assist CONTRACTOR with costs associated with the Project; and WHEREAS, California Government Code Section 53703 authorizes cities to participate in federally funded health, welfare, public works, and communityimprovement programs, and empowers cities to contract with public and private agencies; and
Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant Modular Building Installation Page - 2 WHEREAS, CONTRACTOR is an experienced operator of a community center with programs and activities that serve low- and moderate-income individuals and families within CITY; and
WHEREAS, CITY shall not be obligated to disburse, or pay to, CONTRACTOR or any third party, any funds until and after CITY receives GRANT funds from HUD.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

1. OBJECTIVE. CONTRACTOR certifies that the activities carried out with funds provided under this Agreement will meet the objective to principally benefit low/moderate income persons as defined in 24 CFR Part 570.208(a)(2)(A).

2. DEFINITIONS. Except as modified by an agreement, to be entered into by CITY, CONTRACTOR, and HUD, any term defined in Title I of the Act, or the HUD Grant Fund Regulations at 24 CFR 570, shall have the same meaning in this Agreement.

2.1 "Program" means CITY's Community Development Program, and its administration.

2.2 "Fiscal Year" means a twelve-month period between July 1 and June 30 to coincide with CITY’s budget year.

2.3 “Project” means the installation of a modular building at the Friendship House Community Center located at 2424 Cottonwood Road.

3. SCOPE OF WORK. In exchange for the Compensation (defined below) CONTRACTOR shall be responsible for performing Project in a manner satisfactory to CITY and consistent with any standards required as set forth in Exhibit "A," attached hereto and incorporated by reference herein.

4. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, and Exhibit “B,” attached hereto and incorporated by reference herein, CITY will provide milestone payments, as shown in Exhibit “A” to CONTRACTOR as follows for performing the Scope of Work
(“Compensation”):
(1) A total not to exceed SIX HUNDRED FORTY-FIVE THOUSAND THREE HUNDRED FORTY-FOUR DOLLARS ($645,344) after the Scope of Work is completed to CITY’s satisfaction.

CITY will reimburse CONTRACTOR within thirty (30) days after CONTRACTOR submits itemized invoice(s) for the portions of the Scope of Work (attached hereto in Exhibit A) and that invoice is approved by CITY. The Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant Modular Building Installation Page - 3 Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-ofpocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $645,344 for performing the Scope of Work.

5. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2027.

6. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.

7. CONDITIONS OF PROGRAM.

7.1 CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with the requirements set forth in 24 CFR 570, 24, Subpart J; CFR 570.60, 24 Subpart K, 24 CFR Part 84; OMB Circular A-122; and OMB Circular A133.

7.2 CONTRACTOR is required to have errors and omissions insurance, which will protect CITY in the event of professional errors or omissions by CONTRACTOR.

7.3 CONTRACTOR is aware that information may come into
CONTRACTOR’s possession which may impact CITY’s legal position in the event such information was released to outside parties.

7.4 CONTRACTOR shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the expiration of the future use restriction period under this Agreement.

Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.

7.5 CONTRACTOR shall maintain client data demonstrating client eligibility for services provided. Such information should include, but not be limited to, client name, address, income level, or other basis for determining eligibility, and description of service provided.

CONTRACTOR shall also collect and maintain data regarding race, ethnicity, female head of household, and disability status of clients.

Such information shall be submitted to CITY or its designees for review Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant Modular Building Installation Page - 4 on a quarterly basis using the activity beneficiary report or alternative form approved by CITY attached hereto as Exhibit “E” and incorporated by reference herein.

7.6 Miscellaneous. CONTRACTOR shall execute Exhibit “C” and Exhibit “D” attached hereto and incorporated by reference herein, demonstrating compliance with certain regulation provisions.

8. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of five (5) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.

9. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.

10. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.

11. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all municipal ordinances and state and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.

12. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant Modular Building Installation Page - 5

13. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

14. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.

15. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.

16. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

17. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

18. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

19. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.

20. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.

21. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.

Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant Modular Building Installation Page - 6

22. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.

CONTRACTOR is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.

23. INSURANCE.

23.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").

23.1.1 Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

23.1.2 Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.

The policy must:

23.1.2.1 Provide contractual liability coverage for the terms of this Agreement;

23.1.2.2 Provide products and completed operations
coverage;

23.1.2.3 Provide premises, operations, and mobile
equipment coverage; and

23.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.

23.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:

I am aware of the provisions of Section 3700 of the
Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant Modular Building Installation Page - 7 Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.

By executing this Agreement, CONTRACTOR is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.

23.2 General Provisions Applying to All Insurance Types.

23.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.

23.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
contribute with it.

23.2.3 The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.

23.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant Modular Building Installation Page - 8 notwithstanding any recovery on any policy.

23.2.5 Full compensation for all premiums which CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional
allowance will be made therefor or for additional premiums which may be required by extensions of the policies of
insurance.

23.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.

23.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.

24. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.

25. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved CONTRACTOR shall not change such personnel without the approval of CITY.

26. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.

27. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

28. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party’s right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.

Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant Modular Building Installation Page - 9

29. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).

30. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CITY OF BAKERSFIELD
Community Development Division
1600 Truxtun Avenue, Third Floor
Bakersfield, California 93301
CONTRACTOR: COMMUNITY ACTION PARTNERSHIP OF KERN
1300 18th Street, Suite 200
Bakersfield, California 93301

31. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the receipt of GRANT from the federal government and appropriation and allocation of resources by the City Council.

32. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

33. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.

34. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.

Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant Modular Building Installation Page - 10

35. TAX NUMBERS.

CONTRACTOR’s Federal Tax ID Number 86-1249865
CONTRACTOR is a corporation? Yes X No
(Please check one.)

36. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third-party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.

37. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
“CITY” “CONTRACTOR”

CITY OF BAKERSFIELD COMMUNITY ACTION PARTNERSHIP

OF KERN (CAPK)
By: ________________________________ By: ________________________________

KAREN GOH JEREMY TOBIAS
Mayor Chief Executive Officer
APPROVED AS TO CONTENT:

DEVELOPMENT SERVICES DEPARTMENT
By: ________________________________

PHILLIP BURNS
Director
APPROVED AS TO FORM: COUNTERSIGNED:

City Attorney: _____________________________ Finance Director: _____________________________

VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
Attachments: Exhibit A Exhibit C Exhibit E
Exhibit B Exhibit D
Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
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EXHIBIT "A"
Modular Building Installation
Community Action Partnership of Kern
Purpose
Community Action Partnership of Kern (CAPK) is a nonprofit organization that operates the Friendship House Community Center at 2424 South Dr. Martin Luther King Jr. Boulevard in Southeast Bakersfield. The Center provides educational, recreational, and supportive services to low- and moderate-income individuals and families. The Friendship House Community Conference and Classroom Modular Project will install an approximately 960-square-foot modular building to provide additional classroom and conference space, restrooms, accessibility features, and necessary utility improvements. The additional space will allow CAPK to expand youth, family, workforce development, and other community programs, including evening and weekend services.

Description
CAPK will receive up to $645,344 in FY 2025-26 Community Development Block Grant (CDBG) funds for reimbursement of costs associated with the Friendship House Community Conference and Classroom Modular Project. The CDBGeligible costs include the purchase and installation of an approximately 960- square-foot modular building, including site preparation, foundation, utility connections, accessibility improvements, and associated design, permitting, and construction costs.

Disbursement of Funds
CITY agrees to pay “claims for payment” directly to CAPK within thirty (30) days after CITY receives a satisfactory “Corporation Payment Request.” The Schedule of Payment shall be: 20% ($129,068.80) upon execution of this Agreement and City Council approval; 40% ($258,137.60) upon entering into a contract with a contractor for the construction and installation of the Friendship House Community Conference and Classroom Modular Project; 30% ($193,603.20) upon completion of 50% of construction; and 10% ($64,534.40) upon completion of the Project and project closeout.

Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
A - 2
Construction Time Frame
Milestone Due Date
Milestone 1:

Agreement executed
between City of Bakersfield
and CAPK October 7, 2026
Milestone 2: Design and Permitting November 1, 2026
Milestone 3:

Contract between CAPK and
Contractor January 31, 2027
Milestone 4: 50% Project Completion July 31, 2027
Milestone 5: Completion and Closeout December 30, 2027
Reporting
CAPK will report annually to the City of Bakersfield using Exhibit E – Activity Beneficiary Report. City staff may ask for data regarding persons served at any time during the agreement term and within the 5-year record retention period.

Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
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EXHIBIT “B”

INVOICING AND BUDGET DETAIL

1. INVOICE PACKAGES.

1.1 All invoice packages shall be submitted to City’s Community Development Department not to exceed one invoice package per month, with at least one submittal quarterly, and in the minimum amount of $500.00 except for the final funding draw invoice. The address for submittal is:

City of Bakersfield
Community Development Division
1600 Truxtun Ave, Third Floor
Bakersfield, CA 93301

1.2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice and associated performance report.

Invoices received by City that are not consistent with a format approved by the CITY will be cause for an invoice to be disputed. In the event of an invoice dispute, City will notify the CONTRACTOR by initiating an “Invoice Dispute Notification” form. Payment will not be made until the dispute is resolved and a corrected invoice submitted.

Failure to use the address exactly as provided above may result in return of the invoice to the CONTRACTOR. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by City.

1.3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations.

1.4 CONTRACTOR shall provide CITY with sufficient documentation demonstrating completion of the applicable project milestone prior to submitting a request for payment under this Grant. Such documentation may include, as applicable, executed contracts, invoices, progress reports, photographs, inspection records, or other documentation reasonably requested by CITY. If CONTRACTOR is unable to demonstrate satisfactory completion of the applicable milestone, CITY, at its discretion, may withhold payment until sufficient documentation is provided.

1.5 The invoice shall contain the following information:

1.5.1 The word “INVOICE” and a sequential invoice number should Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
B - 2
appear in a prominent location at the top of the page(s); and,

1.5.2 Printed name of the service provider or contractor, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number; and,

1.5.3 Printed name of the CONTRACTOR, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number; and,

1.5.4 The date of the invoice along with the number of the Agreement upon which the invoice is based; and,

1.5.5 All subcontractor invoices must be listed on the invoice; a copy of the subcontractor invoice should be attached to the service provider/contractor’s invoice; and,

1.5.6 A brief description of the work performed, including dates of performance and the name or initials of the person performing the work; and,

1.5.7 The method of computing the amount due. Invoices must be itemized based on the tasks specified in the Agreement; and,

1.5.8 The total amount due; this should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the CONTRACTOR under the terms of this
Agreement; and,

1.5.9 The invoice shall include a calculation of CDBG-eligible programs and activities as a percentage of all programs and activities provided at the CAPK Friendship House. Only the CDBG-eligible share of costs is qualified for reimbursement under this agreement.

1.6 The following items will not be allowed:

1.6.1 Late fees, Gambling Debts, Debts of Board Members, Invoices for which no dollar amount due on payments shows on the invoice, submissions of payment requests which do not
balance, donations, and expenses related to raffles and any other game of chance; and,

1.6.2 Proof of payment must be provided with invoice and CONTRACTOR payment request. Proof of payment may be a
copy of an issued or cancelled check or copy of credit card payment; and,

1.6.3 Identifying information about CONTRACTOR employees or volunteers other than employee or volunteer names.

Information such as Social Security numbers and addresses of Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
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employees or volunteers should not be included.

1.7 Original signature and date (in ink) of CONTRACTOR or its authorized representative on the CONTRACTOR Payment Request.

1.8 Final invoice shall be clearly marked ‘FINAL INVOICE’ and be submitted along with supporting documentation within the time as designated within the terms of the agreement.

2. BUDGET CLAUSE.

The amount will not exceed the amount as stated in Section 4 of the Agreement.

If funding for any fiscal year is reduced or deleted by the HUD for purposes of the program, CITY shall have the option to either cancel this Agreement with no liability occurring to CITY, or offer an Agreement amendment to CONTRACTOR to reflect the reduced amount. Updated budget information shall be provided at the request of CITY.

3. PAYMENT OF COSTS.

CONTRACTOR agrees that it will provide for payment of its operating costs and that all costs connected with the facility will be paid by the CONTRACTOR on a timely basis.

4. AUDIT DISALLOWANCES.

CONTRACTOR agrees it shall return any audit disallowances funding to CITY.

Read and Agreed By: ______________________________________ Chief Executive Officer
CONTRACTOR Name: Community Action Partnership of Kern
Date: _________________________________
Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
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Community Action Partnership of Kern
Invoice
Grant Funding: FY25-26 Grant type CDBG
Grant Agreement No.

Purchase Order No. Payment No.

To: City of Bakersfield
Attn: Community Development
Address: 1600 Truxtun Ave, Third Floor
Bakersfield, CA 93301
From: CONTRACTOR _________________________
_________________________
Mailing Address: _________________________
Grant Agreement Award Amount: $645,344

Reimbursement Requested $____________________________
Program Income from CDBG $________________________
I have reviewed and certify the allowable costs associated with this payment request reimbursement submittal were paid for with available funding and any match requirements have been met. In addition, I certify that all financial obligations are met and services are being provided to intended clients. ________________________________ _________________________ CONTRACTOR Representative Date
___________________________________
CONTRACTOR Representative Name (Printed)
Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
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CONTRACTOR PAYMENT REQUEST

DISPUTE NOTIFICATION FORM
Name of CONTRACTOR:
_____________________________________________
Address of CONTRACTOR:
_____________________________________________
_____________________________________________
_____________________________________________
Date Payment Request Received: __________________________________ Date Payment Request Declined: ___________________________________ Reason for Decline/Dispute:
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Reviewed By:_______________________________________________________ Title:______________________________________________________________ Dated:_____________________________________________________________ Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
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EXHIBIT “C”

CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontractors, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
________________________________________________ _____________________ Chief Executive Officer,
Community Action Partnership of Kern Date
Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
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EXHIBIT “D”

DRUG FREE WORKPLACE CERTIFICATION
The undersigned certifies, to the best of his or her knowledge and belief, that: CONTRACTOR, representing the facility known as __________________________ located at _________________________________ will continue to provide a drug-free workplace by meeting all standards and requirements of the Code of Federal Regulations, Part 24, Subpart F as follows:

1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

2. Establishing an ongoing drug-free awareness program to inform employees about;
(a) The dangers of drug abuse in the workplace;
(b) The grantee’s policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and,
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1;

4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will – (a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;

5. Notifying the agency in writing within ten calendar days after receiving notice under subparagraph 4 (b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;

6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
D - 2
Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5, and 6.

8. This certification meets the objectives and requirements of the United States Department of Housing and Urban Development (HUD).
________________________________________________ _____________________ Chief Executive Officer,
Community Action Partnership of Kern Date
Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B CAPK Community Development Block Grant
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EXHIBIT “E”

ACTIVITY BENEFICIARY REPORT
Facility Name: ____________________________________________ Service Provider Agency: ____________________________________________ Reporting Period: __________________________________________________ Number of Persons Assisted Who Are:

Total
Number
Assisted
1 Extremely
Low
Income
(30% of
Median)
2 Very Low
Income
(50% of
Median)
3 Low
Income
(80% of
Median)
Persons
with
Disability
Female
Head-ofHousehold
Limited
English
Proficiency
Total
Number of
Individuals

RACE/ETHNICITY
Total Number
Assisted
(unduplicated)
Hispanic or
Latino
(duplicated)
Total Number
Assisted
(unduplicated)
Hispanic or
Latino
(duplicated)
White
American
Indian or
Alaskan Native
AND White
Black or African
American
Asian AND
White
Asian
Black or African
American AND
White
American
Indian or
Alaskan Native
American
Indian or
Alaskan Native
AND Black or
African
American
Native
Hawaiian or
Other Pacific
Islander
Balance of
individuals
reporting more
than one race
Comments:
________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ _______________________________________________________________________________________________________.

Docusign Envelope ID: B6BEC67F-44DD-816F-818E-C356F5D28F4B

ADMINISTRATIVE REPORT
MEETING DATE: October 21, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: August 21, 2026
SUBJECT: Agreement with Kern Community Foundation for administration of the Bakersfield Youth Jobs Program ($1,283,950.85)

1. Approve Agreement with Kern Community Foundation ($1,283,950.85) for the administration of the Bakersfield Youth Jobs Program; and

2. Appropriate $1,856,988 of California Volunteers grant funds into City Manager’s Office operating budget.

3. Appropriate $106,715 of California Volunteers grant funds into Development Services Department – Community Development Division operating budget.

RECOMMENDATION:

Staff recommends approval of the agreement and appropriation of funds.

BACKGROUND:

The City has received $8,491,334.26 in grant funds across five (5) program years from the Governor’s Office of Service and Community Engagement/California Volunteers for the Bakersfield Youth Jobs Program (BYJP). California Volunteers, in partnership with California cities, works to bring together youth from across the state to address urgent challenges in their communities, learn key skills, and create career pathways to public and community service. As of June 2026, there have been 713 participants, with nearly 150,000 hours served.

On April 1, 2026, the City entered into Standard Agreement No. JP1008-Y2526 with Governor’s Office of Service and Community Engagement/California Volunteers to receive an additional $1,963,703 in grant funds to continue the BYJP until December 31, 2027. Kern Community Foundation (KCF) has successfully administered the program since 2022 with its extensive network and experience with community projects and recruitment efforts that attract youth from disadvantaged communities, pairing them with meaningful projects at the city and local non-profits to create a lasting impact on the community.

Staff recommend approving the agreement with KCF to add the fifth year of funding ($1,533,950.85 subtracting $250,000 previously advanced to equal a total of $1,283,950.85) and to appropriate $1,856,988 into the City Manager’s Office operating budget as the administration of the program is being transferred to the City Manager’s Office. A portion of the grant funds will be appropriated to Development Services until the transition of grant-funded staff is complete.

FISCAL IMPACT:

This program is fully funded by the California Volunteers grant; therefore, there is no impact on the City General Fund.

COUNCIL GOAL:

Economic Opportunity for All
ATTACHMENT:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: October 21, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Gary Hallen, Assistant City Manager
DATE: October 7, 2026
SUBJECT: Agreement with Buena Vista 6577 LLC ($371,000) for the purchase of real property located east of Buena Vista Road and North of McCutchen Road for a domestic water well.
(Ward 5)
RECOMMENDATION:

Staff recommends approval of this agreement.

BACKGROUND:

The City of Bakersfield is acquiring land for the future construction of a domestic water well site to provide drinking water for City customers. The property being acquired is located east of Buena Vista Road and north of McCutchen Road. The purchase price of $371,000 represents the fair market value based on an appraisal obtained by an independent local appraiser.

FISCAL IMPACT:

Funding for the purchase is budgeted from the Water Departments Domestic Enterprise Fund. There is no General Fund impact because of this transaction.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

Agreement

ADMINISTRATIVE REPORT
MEETING DATE: October 21, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: September 22, 2026
SUBJECT: Final Map, Improvement Agreement, and Landscape Agreement with Frontier Land Partners, LLC for Tract 7338 Phase 1.

Developer is requesting to enter into agreements so the final map for Tract 7338 Phase 1 located southeast corner of Renfro Road and Noriega Road, can be approved and recorded (Ward 4).

RECOMMENDATION:

Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement.

BACKGROUND:

Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 7338 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Frontier Land Partners, LLC, wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded.

The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer’s responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval.

The Landscape Improvement Agreement requires the Developer to complete the required landscape and irrigation improvements within the time frame and in the manner outlined in the agreement’s terms. A landscape agreement is required whenever the Developer desires to record their final map before the landscaping improvements are in.

FISCAL IMPACT:

There will be no financial impact to the City. Proposed street improvements are being bonded for and included within the proposed improvement agreement.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Tract 7338-1 – Final Map

2. Tract 7338-1 – Improvement Agreement

3. Tract 7338-1 – Landscape Agreement

4. Tract 7338-1 – Vicinity Map

5. Tract 7338-1 – Covenants

IMPROVEMENT AGREEMENT NO.

FOR
Tract 7338 Phase 1
This IMPROVEMENT AGREEMENT (“Agreement") is entered into on and effective asof(the“Effective Date”), by and between
the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “City") and Frontier Land Partners, LLC, a California Limited Liability Company authorized to do business in California (referred to herein as "Developer").

RECITALS
WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 7338 Phase 1 (the “Project”), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) (“Map Act"), and the Subdivision Ordinance of City (Title 16 of the Bakersfield Municipal Code (“BMC")) (“Ordinance”); and
WHEREAS, City’s Planning Commission approved Developer’s tentative map subject to certain approved exceptions and conditions; and WHEREAS, Developer has submitted its final map to City for approval in accordance with the Map Act and the Ordinance; and
WHEREAS, Developer desires to file a final map for the Project before installing the street, sewer, storm drain, water, and wall (the "Public Improvements") required as a condition of City’s approval of the Project; and WHEREAS, Developer desires to enter into this Agreement with City to complete the required Public Improvements work in the Project within the time and in the manner provided herein; and
WHEREAS, City requires Developer to execute this Agreement as a prerequisite for approving Developer’s final map.

NOW THEREFORE, incorporating herein the above recitals, City and Developer agree as follows:

IMPROVEMENT AGREEMENT - 2 Party
G:\GROUPDAT\AGREEMENTS\2026 PW AGREEMENTSXTract 7338-1 IMP AGR.docx Updated - June 13, 2023

1. IMPROVEMENTS TO BE CONSTRUCTED. Developer will construct in the Project, at its sole cost and expense, those facilities and improvements (herein collectively referred to as “Improvements") required by BMC Sections 16.32.060 or Section 16.32.080, whichever is applicable, required in the resolution adopted by the City Planning Commission on August 16, 2018, and/or required in a resolution extending the expiration of the tentative map, if applicable. The Planning Commission's resolution and the resolution extending the expiration of fhe tentative map, if applicable, are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein.

2. MANNER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following:

2.1. Title 16 of the Bakersfield Municipal Code;

2.2. California Subdivision Map Act (California Government Code Section 66410, et seq.);

2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer" also refers to City Engineer's designee);

2.4. Adopted City standards; and

2.5. Good engineering practices and workmanlike manner.

3. TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the time for completion.

4. RECORDING OF NOTICE OF COMPLETION; ISSUANCE OF CERTIFICATES OF OCCUPANCY; FINAL INSPECTIONS.

4.1. When Developer notifies City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements.

4.2. When Developer corrects the deficiencies, if any, in the Improvements to City Engineer’s satisfaction, City Engineer will accept the Improvements.

IMPROVEMENT AGREEMENT - 2 Party
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4.3. After the Improvements are accepted by City Engineer, City will record a notice of completion (the "NOC") once Developer provides City Engineer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and incorporated herein by this reference.

4.4. City Building Director will not conduct a final inspection or issue any certificates of occupancy to Developer for any lot within the phase covered by this Agreement (the “Covered Phase") until City records the NOC.
1 5. GUARANTEE AGAINST DEFECTS. Developer hereby guarantees all features of the Improvements against defective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NOC. Upon City’s demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period on private improvements will begin when the NOC is recorded.

6. IMPROVEMENT SECURITY.

6.1. Required Security. Based upon an Engineer’s Estimate, attached hereto and incorporated by reference as Exhibit B, Developer must provide security as described herein and detailed in Exhibit C, that establishes the following obligations:

6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements (herein “Performance Security");

6.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040 (herein "Labor and Materials/Payment Security”); and

6.1.3. Warranty/Maintenance against any defective work or labor performed on or defective materials furnished for the
Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above (herein “Warrant/Maintenance Security").
1 For tracts that have no phases, the term “Covered Phase" refers to the Project.

IMPROVEMENT AGREEMENT - 2 Party
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6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of security is acceptable:

6.2.1. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute;

6.2.2. Cash deposited with City; or

6.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City.

6.3 Developer’s Obligation to Maintain Security. It is Developer’s sole responsibility to maintain the security as follows;

6.3.1 Developer must provide City with the original security documentation as outlined in Exhibit C. The original security documents satisfying this requirement are attached herein as Exhibit D.

6.3.2 Developer must ensure that all security is current and that there is no gap in security coverage. At least sixty days before any security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the
security current or provide new security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever security is available for
completion of all Developer obligations under this Agreement.

6.3.3 Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person associated with each form of security and identify the local representative and corporate headquarters of the company providing the
security (“Contact Information”). It is Developer's responsibility to ensure that City is provided with updates to any of the Contact Information.

6.4 Release of Security. The security will be released as described in IMPROVEMENT AGREEMENT-2 Party
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Exhibit C.

7. DEFAULT; REMEDIES.

7.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist:

7.1.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein;

7.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement;

7.1.3. Developer has abandoned any of the work on the
Improvements;

7.1.4. Developer, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared;

7.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt;

7.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or

7.1.7. Developer or owner of the Project transfers ownership of the Project.

7.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity:

7.2.1. Demand that any available surety pay for the completion of the Improvements;

7.2.2. Demand that any available surety assume Developer’s IMPROVEMENT AGREEMENT - 2 Party
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obligations under this Agreement, in lieu of payment of the secured funds;

7.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other
expenditures incurred by City in the course thereof;

7.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces and/or other entities;

7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Covered Phase;

7.2.6. Withhold the issuance of building permits in subsequent phases until all Improvements in the Covered Phase are completed and approved by City Engineer; and

7.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in the Project to act as such party’s agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion.

Right of Entry. If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety’s designated representatives for the purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement.

It is the responsibility of City, the surety, or the City’s or surety’s designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Developer not own or have rights to the IMPROVEMENT AGREEMENT - 2 Party
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Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City’s right-of-way.

8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement.

9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer’s failure to comply with any of the terms and conditions of this Agreement.

10. INDEMNITY.

10.1 Developer will indemnify, defend, and hold harmless City and its Council, officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, or any of them, before administrative orjudicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct.

10.2 Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability, suit, claim, or demand that Developer has agreed to indemnify them against herein, and must satisfy any resulting judgment that may be rendered against any of them.

10.3 Developer’s surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the IMPROVEMENT AGREEMENT - 2 Party
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Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety.

11. INSURANCE.

11.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").

11.1.1. Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

11.1.2. Commercial general liability insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:

11.1.2.1. Provide contractual liability coverage for the terms of this Agreement;

11.1.2.2. Provide unlimited products and completed
operations coverage;

11.1.2.3. Provide premises, operations, and mobile
equipment coverage; and

11.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents,
employees, and designated volunteers.

11.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will IMPROVEMENT AGREEMENT -2 Party
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be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Developer must submit to City the following certification before
beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation
or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with
such provisions before commencing the
performance of the work of this contract.

By executing this Agreement, Developer is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers.

11.2. General Provisions Applying to All Insurance Types.

11.2.1. All policies required of Developer must be written on a firstdollar coverage basis, or contain a deductible provision.

Subject to City’s advance approval, Developer may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy
conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured.

11.2.2. All policies required of Developer must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
Developer's insurance and must not contribute with it.

11.2.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured
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retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by City in writing.

11.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by City's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.

11.2.5. Full compensation for all premiums which the Developer is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the scope of Work, and no additional
allowance will be made therefor or for additional premiums which may be required by extensions of the policies of
insurance.

11.2.6. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement.

11.2.7. Unless otherwise approved by City, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if City has approved lesser insurance requirements for
Developer, and all subcontractors must agree in writing to be bound by the provisions of this section.

12. MISCELLANEOUS.

12.1. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance.

Any litigation arising in any way from this Agreement must be brought in Kern County, California.

12.2. Notices. All notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by notice:

IMPROVEMENT AGREEMENT - 2 Party
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City: CITY OF BAKERSFIELD
Development Services Department
Attention: Land Development
1600 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3724
Developer: Frontier Land Partners, LLC
PO Box 20247
Bakersfield, CA 93390
Telephone: (661) 808-3932
Email: [email protected]
Surety: Harco National Insurance Company
Attn: Kelsey Menefee
4200 Six Forks Road, Suite 1400
Raleigh, NC 27609
Telephone: (925) 658-9263
Email: [email protected]

12.3. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning, or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and will be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.

12.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns.

12.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their IMPROVEMENT AGREEMENT-2 Party
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agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

12.6. Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

12.7. Independent Contractor. This Agreement calls for the performance of Developer’s services as an independent contractor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees.

This Agreement must not be construed as forming a partnership or any other association with Developer other than that of an independent contractor.

12.8. Agreement Mutually Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship.

California Civil Code Section 1654 does not apply to the interpretation of this Agreement.

12.9. Exhibits. If there is a conflict between the terms, conditions, or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

12.10. Tax Numbers.

Developer's Federal Tax Identification No. 37-1893665.

Developer is a corporation? Yes 0 No 0
(Please check one.)

12.11. Non-Interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090).

12.12. Further Assurances. Each party will execute and deliver such papers, IMPROVEMENT AGREEMENT - 2 Party
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documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above.

CITY

CITY OF BAKERSFIELD
By:

KAREN GOH
Mayor

DEVELOPER
Frontier Land Partners, LLC
Print Name: Justin Batey
Title: Manager
[Signatures on Following Page]
IMPROVEMENT AGREEMENT - 2 Party
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CALIFORNIA ALL PURPOSE 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.
.Notary
personally appeared
STATE OF CALIFORNIA }
COUNTY OF. to ,
On before me, f\-
Public, *
Date (here insert name and title ofthe officer)
JlASch'n tyl&A____
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 paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

A. SEYMOUR I
X Notary Public • California j
-I Kern County ?
7 Commission #2417507 r
My Comm. Expires Oct 16, 2026 y
(Seal)

OPTIONAL
Description of Attached Document
Title or Type of Document: Number of Pages:

DocumentDate:Other:
2015 Apostille Service, 707-992-5551 WWW.CaliforniaApostille.US Calilbrnia Mobile Notary Network www.CAMNN.com APPROVED as to content:

DEVELOPMENT SERVICES DEPARTMENT
By:

PHILLIP BURNS
Development Services Director
APPROVED as to form:

VIRGINIA GENNARO
City Attorney
By:

VIRIDIANA GALLARDO-KING
Deputy City Attorney
Insurance/Surety:

COUNTERSIGNED:

By:

RANDY MCKEEGAN
Finance Director
Attachments: Exhibit A - Checklist for Notice of Completion Exhibit B - Engineer's Estimate
Exhibit C - Required Security
Exhibit D - Security
Exhibit E - Insurance
IMPROVEMENT AGREEMENT-2 Party
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EXHIBIT A
Checklist for Notice of Completion

DEVELOPMENT SERVICES DEPARTMENT

CITY OF BAKERSFIELD

LAND DEVELOPMENT

CHECKLIST FOR NOTICE OF COMPLETION
ProjectNo. Phase No.

GENERAL INSTRUCTIONS
Submit a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your package. If an item is already on file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanation. Failure to submit this checklist or to address all items on the checklist will result in a delay in filing the Notice of Completion and/or in the release of any securities. Processing of a Notice of Completion cannot proceed until Land Development has received direct confirmation from the Construction Division that the punch list items are complete.

OK NA Checklist Item
City’s punch list, completed and signed off by Construction Inspector.

Utility composite plan, including street light electrical service points.

Street light conduit plan, including pull boxes, points of connection, conduit details, and street light information.

Record drawings of the required improvements, signed by the Engineer of Record, along with an electronic copy
“As-graded" plans, signed by the Engineer of Record, along with an electronic copy
Letter from engineer of record certifying that monuments have been set and that the engineer has been paid for setting the monuments.

Monument elevation map provided to the City.

Maintenance letter from Recreation and Parks
Geotechnical letter confirming sump construction per Grading Plan and/or Drainage Study (if required)
Maintenance letter from Recreation and Parks
Warranty security as required shall be posted
Other items required by tract conditions:

EXHIBIT A

EXHIBIT B
Engineer's Estimate

BOND ESTIMATE
for City of Bakersfield Tract 7338 Phase 1
Date:

Job No:

Prepared By:
6/11/2026
17-083.04
JAG
Item No. Item Description Qty Unit Unit $ Item $
Storm Drain Improvements

1. 18" Storm Drain (RGJ-RCP) 1042 If 125.00 130,250

2. 24" Storm Drain (RGJ-RCP) 1557 If 140.00 217,980

3. 30" Storm Drain (RGJ-RCP) 50 If 150.00 7,500

4. Type A Catch Basins 10 ea 6500.00 65,000

5. Manhole 13 ea 5200.00 67,600

6. Outlet Structure 1 ea 5200.00 5,200

7. Rip Rap 8 cy 165.00 1,320
Sub-Total 494,850
Sewer Improvements

8. 8" Sewer Line 2020 If 70.00 141,400

9. 12" Sewer Line 566 If 90.00 50,940

10. 4" Laterals 1104 If 40.00 44,160

11. Standard Manhole, 6' to 8' 13 ea 3400.00 44,200

12. Tie-in to Existing Sewer (incl. manhole) 1 ea 6500.00 6,500 Sub-Total 287,200
Street Improvements

13. A.C. Paving 1487 tns 100.00 148,700

14. Aggregate Base (Class 2) 1519 cy 120.00 182,280

15. Roadway Excavation/Subgrade Preparation 1899 cy 40.00 75,960

16. 6" Curb & Gutter 5039 if 40.00 201,560

17. Sidewalk (4" thick) 25412 sf 6.00 152,472

18. Driveways (6" thick) 4473 sf 9.00 40,257

19. Handicap Ramps (ADA/Title 24/CalTrans) 10 ea 3000.00 30,000

20. Street Name Signs 10 ea 300.00 3,000

21. Street Lights - COB Standard 10 ea 10000.00 100,000

22. Survey Monument & Encasement 12 ea 1005.00 12,060

23. Saw Cut 38 If 5.00 190
Sub-Total 946,479
Miscellaneous 0

24. 6' Block Wall Renfro & Sump 2005 If 130.00 260,650

25. 16' Opening Chainlink Gate - Sump 1 Pair 3600.00 3,600 Sub-Total 264,250
Offsite Street Improvements -Renfro Road

27. A.C. Paving 2675 tns 100.00 267,500

28. Aggregate Base (Class 2) 1519 cy 120.00 182,280

29. Roadway Excavation/Subgrade Preparation 4708 cy 120.00 564,960

30. 6" Curb & Gutter 1166 If 40.00 46,640

31. Handicap Ramps (ADA/Title 24/CalTrans) 2 ea 3000.00 6,000

32. Street Name Signs 2 ea 300.00 600

33. Traffic Control Signs 17 ea 300.00 5,100

34. Street Lights - COB Standard 4 ea 10000.00 40,000

35. Survey Monument & Encasement 1 ea 1005.00 1,005

36. Median Curb 2383 If 40.00 95,320

37. Striping (Detail 9 - White Skip Stripe) 2349 If 0.50 1,175

38. Striping (Detail 22 - Double Yellow) 283 If 1.00 283

39. Striping (Detail 27b - Edge Lines) 324 If 0.50 162

40. Striping (Detail 29 -Dbl/Dbl Yellow Median) 442 If 2.00 884

41. Striping (Detail 38A - Channelizing Line) 182 If 1.00 182

42. Striping (Detail 38 - Channelizing Line) 866 If 1.00 866

43. Striping (Detail 39 - Bike Lane) 1650 If 2.00 3,300

44. Striping (Green Bike Lane) 241 If 2.00 482

45. Striping (Pedestrian Crosswalk) 156 If 2.00 312

46. Saw Cut 1741 If 5.00 8,705
Sub-Total 1,225,756

EXHIBITS
1 BOND ESTIMATE Date: 6/11/2026
for City of Bakersfield Tract 7338 Phase 1 Job No: 17-083.04 Prepared By: JAG
Item No. Item Description Qty Unit Unit $ Item $
TOTAL IMPROVEMENTS: 3,218,535
20 % Contingency: 643,707
ENFORCEMENT COST 15,000
TOTAL IMPROVEMENT BOND: 3,877,242
50% LABOR BOND: 1,938,621
Surety for Faithful Performance $3,877,242
Surety for Labor and Material Bond (90 Day term from NOC) $1,938,621 Surety for Warranty Bond (365 Day term from NOC) $387,724

EXHIBIT B
1 EXHIBIT C
Required Security
Required Security

TYPE OF
SECURITY Performance
Labor & Materials/
Payment
Warranty/
Maintenance
WHEN

REQUIRED
When Developer submits executed Agreement
and final map to City for approval
When Developer
submits executed
Agreement and final
map to City for
approval
Before City records
the NOC of the
Improvements

AMOUNT OF

SECURITY
100% of the total estimated cost of the
Improvements as reflected in the Engineer’s
Estimate attached hereto as Exhibit B and
incorporated herein by reference ("Engineer’s
Estimate")
50% of the total
estimated cost of the
Improvements as
reflected in the
attached Engineer’s
Estimate
10% of the total
estimated cost of
the Improvements
as reflected in the
attached Engineer's
Estimate

DATE OF

RELEASE/

REDUCTION
Within 30 days after City records a NOC of the
Improvements; but, if City discovers that
Developer performed defective work or labor or
furnished defective materials in completing the
Improvements or Developer damages the
Improvements after City records the NOC, the
Security will be released only after Developer
has repaired or replaced the defective or
damaged Improvements to City’s satisfaction.

When submitted to City, the Performance
Security, on its face, must be effective for no
fewer than 18 months after the Effective Date of
this Agreement and subject to the requirements
of this section. City may, in its sole discretion,
authorize a reduction of the face value of the
Performance Security, if requested by
Developer, once the Improvements are
sufficiently completed to make them
operational and usable as a public
improvement. If the reduction is authorized, City
will use the Engineer’s Estimate to determine the
amount of the reduction based on the portion
of the Improvements completed; but, in no
case, will City authorize a reduction of the face
value of the Security below 50% of the originally
required amount.
90 days after City
records a NOC of the
Improvements unless
City receives written
notice that an action
or stop notice has
been filed related to
the construction of
the Improvements, in
which case the
Security, at
Developer's request,
may be reduced to
an amount not less
than the total of all
claims on which an
action or stop notice
has been filed
18 months after
recordation of the
NOC of the
Improvements

EXHIBIT C

EXHIBIT D
Security
City of Bakersfield

PERFORMANCE BOND
Bond No: 3013017
Premium: $70,721.00
The City of Bakersfield ("City") and Frontier Land Partners * ("Principal") have entered into an agreement dated, 20 ("Agreement"), whereby Principal has agreed to install and complete certain designated public improvements for the following project:

Tract 7338 Phase 1. The Agreement, incorporated herein by this reference, requires Principal to furnish a bond securing Principal's performance of the obligations of the Agreement ("Performance Bond").

To that end, Principal and Harco National Insurance Company ("Surety") are held and firmly bound unto the City in the penal sum of $ 3,877,242.00 ** for the payment of which sum well and truly to be made, we bind ourselves and our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the Principal or the Principal's heirs, executors, administrators, successors, or assigns ("Principal Parties"), in all things, stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on Principal Parties' 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 indemnify and save harmless City and City's officers, agents, and employees as therein stipulated, then this obligation will become null and void; otherwise it will 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 will 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.

Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications will in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications.

Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845.

In witness whereof, this instrument has been duly executed by Principal and Surety on September28, 2026.

PRINCIPAL Frontier Land Partners, LLC SURETY Harco National Insurance Company *LLC, a California Limited Liability Company
Three Million Eight Hundred Seventy-Seven Thousand Two Hundred Forty-Two and No/100

PERFORMANCE BOND
Last Revised: December 6, 2013

EXHIBIT D
seal
A notary public or other officer completing this
certificate verifies only the identity ofthe individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity ofthat document.

State ofCalifornia )
County of 5-ZXA? )
On c^-^7 , before me, C. Shanklin, Notary Public
personally apjreared^ <
who proved to me on the basis ofsatisfactor^ 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 ofwhich the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct.
(Signature)
WITNESS my hand and official seal.
(Affix Seal)
C. SHANKLIN 1
COMM. #2541345 S NOTARY PUBLIC • CALIFORNIA *
KERN COUNTY J"
exhibit d

CALIFORNIA ALL-PURPOSE 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 Fresno
on SephbmlMY'. before me,
’ Date
____________Christine Bagetakos
Insert Name of Notary exactly as it appears on the official seal personally appeared Linda K. Brager
Name(s) of Signers)
Notary Public,
I

CHRISTINE BAGETAKOS
Notary Public ■ California
Fresno County
Commission It 2522222
i Comm. Expires Jun 3, 2029
Place Notary Seal Above
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 paragraph is true and correct.

Witness my hand and official seal. -x
Signature
Signature of Notary Public J
--------------------------------------------- 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 ofthe form to another document.

Signer is Representing:

Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator /'
Other: /

RIGHT THUMBPRINT

OF SIGNER
Top of thumb here

RIGHT THUMBPRINT

OF SIGNER
Partner Limited DGeneral
Attorney in Fact
Trustee
Guardian or Conservator
Other:

Signer is Representin
Top of thumb here

EXHIBIT D
POWER OF ATTORNEY Bond# 221221Z

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
LINDA K. BRAGER, JOSEPH A. ORNDOFF, III., ALISON BERRY, ANDREW P. RENDON, MORGAN

SCHNEIDER, MIKE GONG, SARAH HARREN
Fresno, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. “RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed.’’
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2025

STATE OF NEW JERSEY
County of Essex

STATE OF ILLINOIS
County of Cook
Executive Vice President, Harco National Insurance Company If SEAL IS; e>i >98 *
< •••»••• * er**
and International Fidelity Insurance Company
On this 31st day of December, 2025 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. /^OTA^X
y‘.£;
....... ''%,°FNEf>
'"on.iiiu""
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2029
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 28, 2026

EXHIBIT D
A00442
Irene Martins, Assistant Secretary
City of Bakersfield

LABOR AND MATERIALS BOND
Bond No: 3013017
Premium included with Performance Bond
The City of Bakersfield ("City") and Frontier Land Partners * ("Principal") have entered into an agreement dated, 20 ("Agreement"), whereby Principal has agreed to install and complete certain designated public improvements for the following project:

Tract 7338 Phase 1("Project”). The Agreement, incorporated herein by this reference, requires Principal, before entering into the performance of the work, to furnish a good and sufficient payment bond securing claims to which reference is made in Civil Code sections 9000 through 9566 ("Labor and Materials Bond").

To that end, Principal and Harco National Insurance Company ("Surety"), and their respective heirs, successors, executors, and administrators, jointly and severally, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Civil Code sections 9000 through 9566, in the sum of $ 1,938,621.00 for materials and/or labor, of any kind, furnished for the Project, or for amounts due under the Unemployment Insurance Act with respect to the work or labor, and Surety will pay the same in an amount not exceeding the amount set forth above. Should the condition of this bond be fully performed, then this obligation will become null and void; otherwise it shall be and remain in full force and effect.

It is hereby expressly stipulated and agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Civil Code sections 9000 through 9566, so as to give a right of action to them or their assigns in any suit brought upon this bond.

If suit is brought upon this bond, Surety 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 this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications.

Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on 9/28, 2026.

PRINCIPAL Frontier Land Partners, LLC SURETY Harco National Insurance Company *LLC, a California Limited Liability Company
“One Million Nine Hundred Thirty-Eight Thousand Six Hundred Twenty-One & No/00

LABOR AND MATERIALS BOND
Last Revised: November 20, 2013

EXHIBIT D
seal
A notary public or other officer completing this
certificate verifies only the identity ofthe individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity ofthat document.

State ofCalifornia )
County of /I)
before me, C. Shanklin, Notary Public
personally-appeared _
___ J Lt£>*? >> 15 .’’Sl/zef_____________________ ,
who proved to me on the basis ofsatisfactory 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 behalfofwhich the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct.
(Signature)
WITNESS my hand and official seal.
(Affix Seal)
d
K
C. SHANKLIN 1
COMM. #2541345 m NOTARY PUBLIC • CALIFORNIA
KERN COUNTY £
My Comm. Exp. Dec. 13,2029 p

EXHIBIT D

CALIFORNIA ALL-PURPOSE 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_________________
On
Date
Fresno
before me,
personally appeared
____________Christine Bagetakos
Insert Name of Notary exactly as it appears on the official seal _________ Linda K. Brager__________
Name(s) of Signers)
Notary Public,
<1

CHRISTINE BAGETAKOS
\ Notary Public - California
5) Fresno County
«/ Commission # 2522222
' ny Comm. Expires Jun 3, 2029
Place Notary Seal Above
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 paragraph is true and correct.

Signature
Signature
Witness my hand and official seal

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 the 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 DLimited DGeneral
Attorney in Fact
Trustee /
Guardian or Conservator /
Other: /
Signer is Representing:

Top of thumb here
Signer is Representin EXHIBIT D

RIGHT THUMBPRINT

OF SIGNER

RIGHT THUMBPRINT

OF SIGNER
Signer’s Name:

Individual
Corporate Officer — Title(s):

Partner Limited DGeneral
Attorney in Fact
Trustee
Guardian or Conservator
Other:

Numb
Top of thumb here
POWER OF ATTORNEY Bond# 3013017

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
LINDA K. BRAGER, JOSEPH A. ORNDOFF, III., ALISON BERRY, ANDREW P. RENDON, MORGAN

SCHNEIDER, MIKE GONG, SARAH HARREN
Fresno, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power ofAttorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed.”
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2025

STATE OF NEW JERSEY
County of Essex

STATE OF ILLINOIS
County of Cook
Executive Vice President, Harco National Insurance Company izf SEAL 52i
•©A 198 *
>•>'
and International Fidelity Insurance Company
On this 31st day of December, 2025 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. \<A,\ jfa
V4'--.....

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2029
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power ofAttorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 28, 2026 A00442 EXHIBIT D
Irene Martins, Assistant Secretary

EXHIBIT E
Insurance
M C O R D CERTIFICATE OF LIABILITY INSURANCE “ZZT’
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Trucordia Insurance Services, LLC
Trucordia Ins Svs, LLC DBA:

License #0L78680 1701 G St
Bakersfield CA 93301
name*CT Samantha Jimenez
PHONE (661183'5-4'542 I FAX (A/C. No. Ext): 1 U 1 (A/C, No):
address- [email protected]
INSURER(S) AFFORDING COVERAGE NAIC#
insurer A: Mesa Underwriters Specialty Ins. Co 36838

INSURED
James Bryan Batey
Frontier Land Partners, LLC
P.O. Box 20247
Bakersfield, CA 93390
INSURER B:

INSURER C:

INSURER D :

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 2026 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE

ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. ‘LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. ‘Not Applicable in WY INSR

LTR' TYPE OF INSURANCE

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE
ADDLISUBR1

INSD WVD POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
Y MP000402810253700 08/07/2026 08/07/2027
GEN'LAGGREGATE LIMITAPPLIES PER:

OTHER:

AUTOMOBILE LIABILITY

UMBRELLA LIAB OCCUR

EXCESS LIAB CLAIMS-MADE
PED
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY

WORKERS COMPENSATION
AND EMPLOYERS’ LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below

X POLICY LOC

ANYAUTO
RETENTION $
LIMITS
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence)$
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERALAGGREGATE

PRODUCTS - COMP/OP AGG
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE$
AGGREGATE $
Tper
| STATUTE
OTHER
E.L. EACH ACCIDENT$
E.L DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Location: APN 529-012-48.

The City of Bakersfield, It’s mayor council, officers, agents, employees and designated volunteers are included as additional insured.

EXHIBIT E
POLICY NUMBER: MPO00402810253700 FARM
FL 04 5010 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - FARM LIABILITY
This endorsement modifies insurance provided under the following:

FARM LIABILITY COVERAGE FORM

SCHEDULE

1. a Name Of Additional Insured Person(s) Or Organization(s) From Whom You Lease Land:

City of Bakersfield
1501 TRUXTUN AVE
BAKERSFIELD, CA 93301-5201

1. b Location Of Land (Specify Part Leased To You):

Locations 1-12 Per Schedule
Description:

Crop/Grazing Land
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The insurance described by any of the following items, A. through F., does not apply unless the required entries have been made in the applicable item(s) of the Schedule.

A. The definition of "insured" is amended to include
as an additional insured the person(s) or organizations) named in ltem(s) 1.a., 2.a. and 3.a. of the Schedule, but only with respect to liability arising
out of the ownership, maintenance or use of land
and premises owned by or leased to you and designated in the Schedule respectively as Items 1.b.,

2. b and 3.b.

The insurance provided under this endorsement
does not apply to:

1. Any "occurrence" that takes place after the expiration of the lease of land or premises described in Item 1,b. or 3.b. of the Schedule;

2. Any "occurrence" that takes place after you
cease to be a tenant on the premises described in Item 2.b. of the Schedule;

3. Structural alterations, new construction or demolition operations performed by or on behalf of any person or organization described in Item
1 .a. or 2.a. of the Schedule; or

EXHIBIT E
FL 04 50 10 06 © ISO Properties, Inc., 2005
Insured Copy

4. "Bodily injury" to any "residence employee" of
any person or organization named in the
Schedule when the "bodily injury" arises out of
or in the course of the employee's employment
by the person or organization.

B. The definition of "insured" is amended to include
as an additional insured the person(s) or organization^) named in Item 4.a. of the Schedule, but only with respect to liability for "bodily injury",
"property damage", "personal injury" or "advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment:

1. Leased to you by that person(s) or organization^);

2. Located on the premises designated in Item

4.b. of the Schedule; and

3. Described in Item4.c. of the Schedule.

With respect to the insurance afforded to these additional insureds, the insurance provided under this endorsement does not apply to any "occurrence"
that takes place after the equipment lease expires.

C. The definition of "insured" is amended to include
as an additional insured, the person(s) or organizations) named in Item 5.a. of the Schedule (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of
"your products" that are:

1. Distributed or sold in the regular course of the
vendor's business; and

2. Described in Item 5.b. of the Schedule.

The insurance provided under this endorsement
does not apply to:
a. Any express warranty unauthorized by you;
b. Any physical or chemical change in the
product made intentionally by the vendor;
c. Repackaging, except when unpacked solely
for the purpose of inspection, demonstration or testing, and then repackaged in the original container;
d. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes
to make in the usual course of business, in
connection with the distribution or sale of
the products;
e. Products that, after distribution or sale by
you, have been labeled or relabeled or used
by or for the vendor as a container, part or
ingredient of any other thing or substance;
or
f. "Bodily injury" or "property damage" arising
out of the sole negligence of the vendor for
its own acts or omissions or those of its employees or anyone else acting on its behalf.

However, this exclusion does not apply to:
(1) The exceptions contained in Subparagraph c.; or
(2) Such inspections, adjustments, tests or
servicing as the vendor has agreed to
make or normally undertakes to make in
the usual course of business in connection with the distribution or sale of the products.

The insurance provided under this endorsement
does not apply to any person or organization that
is an "insured" and from whom you have acquired
products described in Item 5.b. of the Schedule or
to any ingredient, part or container entering into,
accompanying or containing them.

D. The definition of "insured" is amended to include
as an additional insured the person(s) or organizations) named in Item 6.a. of the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of the premises designated in Item 6.b. of the Schedule.

The insurance provided under this endorsement
does not apply to "bodily injury" to any "residence
employee" of any person or organization named in
the Schedule when the "bodily injury" arises out of
or in the course of the employee’s employment by
the person or organization.

E. The definition of "insured" is amended to include
as an additional insured the person(s) or organizations) named in Item 7. of the Schedule, but only with respect to their liability arising out of:

1. Their financial control of you; or

2. Premises they own, maintain or control while
you lease or occupy those premises.

The insurance provided under this endorsement
does not apply to structural alterations, new construction or demolition operations performed by or on behalf of any person or organization named in
Item 7. of the Schedule.

F. The definition of "insured" is amended to include
as an additional insured, the person(s) named in
Item 8. of the Schedule, but only with respect to
liability arising out of the ownership, maintenance
or use of the farm premises and farm personal
property shown in the Declarations.

EXHIBIT E
FL 04 50 10 06 © ISO Properties, Inc., 2005
Insured Copy

BAKERSFIELD
THE SOUND 'fyefyr
Workers' Compensation Coverage
Exemption Declaration
The undersigned (hereinafterreferred to as “I" or “Me”) hereby declares that the following is true and correct:

I am an individual or a company that has entered, or will be entering, into an agreement with the City of Bakersfield to provide goods or services.

I am familiar with the terms of said agreement which require Me to maintain workers' compensation coverage as required by California Law.

I am familiar with the workers' compensation laws of California (generally contained in section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry workers' compensation insurance, and I am exempted under the law from the requirement to maintain workers’ compensation insurance coverage.

In addition, during the term of any work for the City of Bakersfield under said agreement, (i) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, or (ii) should I become subject to the worker's compensation provision of Section 3700 of the Labor Code for any reason, I shall forthwith comply with those provisions and send evidence of compliance to the City of Bakersfield.

Warning: In California, failure to secure workers’ compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars ($100,000). In addition to the cost of compensation, damages may be assessed as provided for in Section 3706 ofthe Labor Code, including, but not necessarily limited to, interest and attorney’s fees.

Risk Management - 09/19 EXHIBIT E
July 28, 2026
City of Bakersfield
1715 Chester Ave
Bakersfield, CA 93301
Re: Tract 7338
Dear Councilmembers:

Frontier Land Partners, LLC does not have any employees and therefore, does not carry Workers Compensation insurance.

Frontier Land Partners, LLC does not own any automobiles and therefore, does not carry automobile liability insurance.

Sincerely,
Frontier Land Partners, LLC
Justin B. Batey, Manager
P.O. Box 20247
Bakersfield, CA 93390

EXHIBIT E
LANDSCAPE IMPROVEMENT AGREEMENT NO.

FOR
Tract 7338 Phase 1
This LANDSCAPE IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into on(“Effective Date") by and between the
CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “City") and Frontier Land Partners, LLC, a California Limited Liability Company authorized to do business in California (referred to herein as "Developer”).

RECITALS
WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 7338 Phase 1 (the “Project"), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) (“Map Act"), and City's Subdivision Ordinance (Title 16 of the Bakersfield Municipal Code (“BMC")) (“Ordinance”);
WHEREAS, City’s Planning Commission, an advisory agency, has approved Developer's tentative map subject to certain approved exceptions and conditions;
WHEREAS, Developer has submitted its final map to City for approval in accordance with the Map Act and the Ordinance;
WHEREAS, Developer desires to file a final map for the Project before installing the landscape and irrigation improvements required as a condition of City's approval of the Project;
WHEREAS, Developer desires to enter into an agreement with CITY to complete the required landscape and irrigation improvements within the time and in the manner provided herein; and
WHEREAS, City requires Developer to execute this Agreement as a prerequisite for approving Developer's final map.

NOW THEREFORE, incorporating herein the above recitals, City and Developer agree as follows:

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1. IMPROVEMENTS. Developer must construct, install, and complete all landscape and irrigation improvements as required by this Agreement and as required in the resolution adopted by the City Planning Commission on August 16, 2018, and/or required in a resolution extending the expiration of the tentative map, if applicable (the “Improvements"). The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein.

Developer must complete the Improvements in a good workmanlike manner in accordance with accepted construction practices and pay, when due, all costs, expenses, fees, and charges required by completion of the Improvements.

2. MANNER OF CONSTRUCTION. Developer must install and construct the Improvements in accordance with all of the following:

2.1. Title 16 of the Bakersfield Municipal Code;

2.2. The California Subdivision Map Act (California Government Code Section 66410, et seq.);

2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, “City Engineer" also refers to City Engineer’s designee);

2.4. Adopted City standards; and

2.5. Good engineering practices and workmanlike manner.

3. TIME FOR COMPLETION. Developer must complete all Improvements in full in accordance with the terms of this Agreement to City's satisfaction within one year from the Effective Date or any extension thereof.

4. MAINTENANCE AND GUARANTEE PERIOD. Developer must maintain the Improvements and hereby guarantees all features of the Improvements for a minimum of 365 days following City’s issuance of the
Developer/Contractor Maintenance Letter (“Maintenance and Guarantee Period") against defective work or labor done, or defective material furnished, in the performance of this Agreement. Upon City’s demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the Maintenance and Guarantee Period.

The Maintenance and Guarantee Period will end when City issues the IMPROVEMENT AGREEMENT - 2 Party
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Recreation and Parks Acceptance Letter. City will record a notice of completion (“NOC”) of the Improvements once the Recreation and Parks Acceptance Letter is issued and City has in its possession all of the items identified on Exhibit A, which is incorporated herein by reference.

5. IMPROVEMENT SECURITY.

5.1. Required Security. Based upon an Engineer's Estimate, attached hereto and incorporated by reference as Exhibit B, Developer must provide security as described herein and detailed in Exhibit C, that establishes the following obligations:

5.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements (herein "Performance Security”);

6.1.1. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040 (herein "Labor and Materials/Payment Security");

5.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of security is acceptable:

5.2.1. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute;

5.2.2. Cash deposited with City; or

5.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City.

5.3. Developer’s Obligation to Maintain Security. It is Developer’s sole responsibility to maintain the security as follows:

5.3.1. Developer must provide City with the original security documentation as outlined in Exhibit C. The original security documents satisfying this requirement are attached herein as Exhibit D.

IMPROVEMENT AGREEMENT - 2 Party
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5.3.2. Developer must ensure that all security is current and that there is no gap in security coverage. At least sixty days before any security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the
security current or provide new security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever security is available for
completion of all Developer obligations under this Agreement.

5.3.3. Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person associated with each form of security and identify the local representative and corporate headquarters of the company providing the
security ("Contact Information"). It is Developer's responsibility to ensure that City is provided with updates to any of the Contact Information.

5.4. Release of Security. The security will be released as described in Exhibit C.

6. DEFAULT; REMEDIES.

6.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist:

6.1.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein;

6.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement;

6.1.3. Developer has abandoned any of the work on the
Improvements;

6.1.4. Developer, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared;
IMPROVEMENT AGREEMENT - 2 Party
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6.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt;

6.1.6. Developer changes the torm of its business entity to a form different than the one identified in the introductory paragraph above; or

6.1.7. Developer or owner of the Project transfers ownership of the Project.

6.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity:

6.2.1. Demand that any available surety pay for the completion of the Improvements;

6.2.2. Demand that any available surety assume Developer's obligations under this Agreement, in lieu of payment of the secured funds;

6.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other
expenditures incurred by City in the course thereof;

6.2.4. Combine the payment of secured funds and the completion of Developer’s obligations under this Agreement by City forces and/or other entities;

6.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Project if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Project;

6.2.6. Withhold the issuance of building permits in subsequent phases of the tract map until all Improvements in the Project are completed and approved by City Engineer; and
IMPROVEMENT AGREEMENT - 2 Party
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6.2.7. Revert the real property to acreage. By executing this Agreement, Developerwarrants that it has authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion.

Right of Entry. If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City’s and surety's designated representatives for the purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement.

It is the responsibility of City, the surety, or the City's or surety’s designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project’s owner should Developer not own or have rights to the Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City's right-of-way.

7. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement.

8. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer’s failure to comply with any of the terms and conditions of this Agreement.

9. INDEMNITY.

9.1. Developer will indemnify, defend, and hold harmless City and its Council, officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, or any of them, before administrative orjudicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer’s employees, agents, independent IMPROVEMENT AGREEMENT - 2 Party
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contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct.

9.2. Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability, suit, claim, or demand that Developer has agreed to indemnify them against herein, and must satisfy any resulting judgment that may be rendered against any of them.

9.3. Developer's surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety.

10. INSURANCE.

10.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").

10.1.1. Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

10.1.2. Commercial general liability insurance, unless otherwise approved by City’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:

10.1.2.1. Provide contractual liability coverage for the terms of this Agreement;
IMPROVEMENT AGREEMENT - 2 Party
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10.1.2.2. Provide unlimited products and completed
operations coverage;

10.1.2.3. Provide premises, operations, and mobile
equipment coverage; and

10.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents,
employees, and designated volunteers.

10.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Developer must submit to City the following certification before
beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker's compensation
or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with
such provisions before commencing the
performance of the work of this contract.

By executing this Agreement, Developer is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers.

10.2. General Provisions Applying to All Insurance Types.

10.2.1. All policies required of Developer must be written on a firstdollar coverage basis, or contain a deductible provision.

Subject to advance approval by City, Developer may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy
conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named IMPROVEMENT AGREEMENT - 2 Party
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insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured.

10.2.2. All policies required of Developer must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
Developer's insurance and must not contribute with it.

10.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured
retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by City in writing.

10.2.4. Unless otherwise approved by City's Risk Manager, all insurance policies must contain an endorsement providing City with a thirty-day written notice of cancellation or material change in policy language or terms. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.

10.2.5. The insurance required in this section must be maintained until the Performance Security is released.

10.2.6. Developer must furnish City Risk Manager with a certificate of insurance and required endorsements evidencing the
insurance required and identifying the tract number and phase of the Project, when Developer submits the executed Agreement and final map to City for approval.

10.2.7. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement.

10.2.8. Unless otherwise approved by City, if any part of the work under this Agreement is subcontracted, the Basic Insurance IMPROVEMENT AGREEMENT - 2 Party
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Requirements must be provided by, or on behalf of, all
subcontractors even if City has approved lesser insurance requirements for Developer, and all subcontractors must agree in writing to be bound by the provisions of this section.

11. MISCELLANEOUS.

11.1. Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance.

Any litigation arising in anyway from this Agreement must be brought in Kern County, California.

11.2. Notices. All notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by notice:

City: CITY OF BAKERSFIELD
Development Services Department
Attention: Land Development
1600 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3724
Developer: Frontier Land Partners, LLC
PO Box 20247
Bakersfield, CA 93390
Telephone: (661)808-3932
Email: [email protected]
Surety: Harco National Insurance Company
Attn: Kelsey Menefee
4200 Six Forks Road, Suite 1400
Raleigh, NC 27609
Telephone: (925) 658-9263
Email: [email protected]

11.3. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning, or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, IMPROVEMENT AGREEMENT - 2 Party
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or declaratory, equitable or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and will be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.

11.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns.

11.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.

11.6. Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

11.7. Independent Contractor. This Agreement calls for the performance of Developer’s services as an independent contractor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees.

This Agreement must not be construed as forming a partnership or any other association with Developer other than that of an independent contractor.

11.8. Agreement Mutually Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship.

California Civil Code Section 1654 does not apply to the interpretation of this Agreement.

11.9. Exhibits. If there is a conflict between the terms, conditions, or specifications set forth in this Agreement and those in exhibits IMPROVEMENT AGREEMENT-2 Party
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attached hereto, the terms, conditions, or specifications set forth in this Agreement will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

11.10. Tax Numbers.

Developer's Federal Tax Identification No. 37-1893665.

Developer is a corporation? Yes No
(Please check one.)

11.11. Non-Interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090).

11.12. Further Assurances. Each party will execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above.

CITY DEVELOPER

CITY OF BAKERSFIELD
By:

KAREN GOH
Mayor Print Name: Justin Batey
Frontier Land Partners, LLC
Title: Manager
[Signatures on Following Page]
IMPROVEMENT AGREEMENT - 2 Party
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CALIFORNIA ALL PURPOSE 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.
.Notary
personally appeared
STATE OF CALIFORNIA }
COUNTY OF i
On before me, “SjtM
Public, * •
Date (here insert name and title ofthe officer)
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 paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

A
1 I
ission It 2417507 f
Expires Oct 16,2026 P
A. SEYMOUR
X Notary Public-California
g| Kern County
y Commission # 2417507
'My Comm. I
.(Seal)

OPTIONAL
Document Date:

Description of Attached Document
Title or Type ofDocument:Numberof Pages:

Other:
2015 Apostille Service. 707-992-5551 WWW.CaliforniaApostille.US California Mobile Notary Network www.CAMNN.coni APPROVED as to content:

DEVELOPMENT SERVICES DEPARTMENT
By:

PHILLIP BURNS
Development Services Director
APPROVED as to form:

VIRGINIA GENNARO
City Attorney
By:

VIRIDIANA GALLARDO-KING
Deputy City Attorney
Insurance/Surety:

COUNTERSIGNED:

By:

RANDY MCKEEGAN
Finance Director
Attachments: Exhibit A - Checklist for Notice of Completion Exhibit B - Engineer’s Estimate
Exhibit C - Required Security
Exhibit D - Security
Exhibit E - Insurance
IMPROVEMENT AGREEMENT - 2 Party
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EXHIBIT A
Checklist for Notice of Completion

DEVELOPMENT SERVICES DEPARTMENT

CITY OF BAKERSFIELD

LAND DEVELOPMENT

CHECKLIST FOR NOTICE OF COMPLETION

FOR LANDSCAPE AGREEMENT
ProjectNo. Phase No.

GENERAL INSTRUCTIONS
Submit a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your package. If an item is already on file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanation. Failure to submit this checklist or to address all items on the checklist will result in a delay in filing the Notice of Completion and/or in the release of any securities. Processing of a Notice of Completion cannot proceed until Land Development has received direct confirmation from the Construction Division that the punch list items are complete.

OK NA Checklist Item
City’s punch list, completed and signed off by a Recreation and Parks Construction Inspector
Acceptance Letter from the Recreation and Parks Department Other items required by tract conditions:

EXHIBIT A

EXHIBIT B
Engineer’s Estimate
Surety for Labor and Material Bond (90 Day term from NOC) BOND ESTIMATE - Landscaping
for City of Bakersfield Tracts
Tract 7338 Phase 1
Date:

Job No:

Prepared By:
5/26/206
17-083.04
JAG/ML
Item No. Item Description Qty Unit Unit $ Item $
Landscape

1. Right of Way Landscape, Renfro Rd 6270 sf 10.00 62,700

2. Median Landscaping, Renfro Rd 3570 sf 10.00 35,700

3. Equestrian Trail - Decomposed Granit 195 cy 100.00 19,500

4. Right of Way Landscape, Noriega Rd
TOTAL IMPROVEMENTS:
20 % Contingency:

ENFORCEMENT COST:

TOTAL IMPROVEMENT BOND:
50% LABOR BOND:

Surety for Faithful Performance
596 sf 10.00 5,960
123,860
24,772
15000
163,632
81,816
$163,632
$81,816
EXHIBIT b
1 EXHIBIT C
Required Security
Required Security

TYPE OF
SECURITY Performance
Labor & Materials/
Payment
WHEN

REQUIRED
When Developer submits executed Agreement
and final map to City for approval
When Developer
submits executed
Agreement and final
map to City for
approval

AMOUNT OF

SECURITY
100% of the total estimated cost of the
Improvements as reflected in the Engineer's
Estimate attached hereto as Exhibit B and
incorporated herein by reference (“Engineer's
Estimate")
50% of the total
estimated cost of the
Improvements as
reflected in the
attached Engineer’s
Estimate

DATE OF

RELEASE/

REDUCTION
Within 30 days after City records a NOC of the
Improvements; but, if City discovers that
Developer performed defective work or labor or
furnished defective materials in completing the
Improvements or Developer damages the
Improvements after City records the NOC, the
Security will be released only after Developer
has repaired or replaced the defective or
damaged Improvements to City’s satisfaction.

When submitted to City, the Performance
Security, on its face, must be effective for no
fewer than 18 months after the Effective Date of
this Agreement and subject to the requirements
of this section. City may, in its sole discretion,
authorize a reduction of the face value of the
Performance Security, if requested by
Developer, once the Improvements are
sufficiently completed to makethem
operational and usableas a public
improvement. If the reduction is authorized, City
will use the Engineer’s Estimate to determine the
amount of the reduction based on the portion
of the Improvements completed; but, in no
case, will City authorize a reduction of the face
value of the Security below 50% of the originally
required amount.
90 days after City
records a NOC of the
Improvements unless
City receives written
notice that an action
or stop notice has
been filed related to
the construction of
the Improvements, in
which case the
Security, at
Developer's request,
may be reduced to
an amount not less
than the total of all
claims on which an
action or stop notice
has been filed

EXHIBIT C

EXHIBIT D
Security
City of Bakersfield

PERFORMANCE BOND
Bond No: 3013018
Premium: $2,985.00
The City of Bakersfield ("City") and Frontier Land Partners* ("Principal") have entered into an agreement dated, 20 ("Agreement"), whereby Principal has agreed to install and complete certain designated public improvements for the following project:

Tract 7338 Phase 1 / Landscape Improvement . The Agreement, incorporated herein by this reference, requires Principal to furnish a bond securing Principal's performance of the obligations of the Agreement ("Performance Bond").

To that end, Principal and Harco National Insurance Company ("Surety") are held and firmly bound unto the City in the penal sum of $163,632.00**for the payment of which sum well and truly to be made, we bind ourselves and our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the Principal or the Principal's heirs, executors, administrators, successors, or assigns ("Principal Parties"), in all things, stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on Principal Parties' 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 indemnify and save harmless City and City's officers, agents, and employees as therein stipulated, then this obligation will become null and void; otherwise it will 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 will 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.

Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications will in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications.

Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845.

In witness whereof, this instrument has been duly executed by Principal and Surety on September28, 2026.

DDiMriDAi Frontier Land Partners, LLC
PRINCIPAL a California Limited Liability Company SURETY Harco National Insurance Company LLC, a California Limited Liability Company
One Hundred Sixty-Three Thousand Six Hundred Thirty Two and No/100

PERFORMANCE BOND
Last Revised: December 6, 2013

EXHIBIT D
seal
A notary public or other officer completing this
certificate verifies only the identity ofthe individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity ofthat document.

State ofCalifornia )
County of )
On before me, C. Shanklin, Notary Public
personally appeared B . ________________
who proved to me on the basis ofsatisfactory 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 behalfofwhich the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct.

WITNESS mv hand and official seal.
(Signature) (Affix Seal)
a
a
a
C. SHANKLIN
COMM. #2541345
NOTARY PUBLIC • CALIFORNIA

KERN COUNTY
My Comm. Exp. Dec. 13,2029

EXHIBIT D

CALIFORNIA ALL-PURPOSE 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_________________
on eV*phrthflr
Date
Fresno
before me, __________ Christine Bagetakos
Insert Name of Notary exactly as it appears on the official seal personally appeared Linda K. Brager
Name(s) of Signers)
Notary Public,
i i

CHRISTINE BAGETAKOS
\ Notary Public - California
;) Fresno County
' Commission It 2522222
My Comm. Expires Jun 3, 2029
Place Notary Seal Above
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 paragraph is true and correct.

Signature
Signature
Witness my hand and official seal.

OPTIONAL
Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Top of thumb here
Signer is Representing: Signer is Representing EXHIBIT D

RIGHT THUMBPRINT

OF SIGNER

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OF SIGNER
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 the form to another document.

Signer’s Name:

Individual
Corporate Officer — Title(s):

Partner Limited OGeneral
Attorney in Fact
Trustee
Guardian or Conservator
Other:
igner’s Name:

Individual
Corporate Officer — Title(s):

Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:

Pages:

Top of thumb here
POWER OF ATTORNEY Bond# 3013018

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
LINDA K. BRAGER, JOSEPH A. ORNDOFF, III., ALISON BERRY, ANDREW P. RENDON, MORGAN

SCHNEIDER, MIKE GONG, SARAH HARREN
Fresno, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. “RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed.”
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2025

STATE OF NEW JERSEY
County of Essex

STATE OF ILLINOIS
County of Cook
Executive Vice President, Harco National Insurance Company HI SEAL 18 j
1984
and International Fidelity Insurance Company
On this 31st day of December, 2025 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ..........

K°FNefi
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2029
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power ofAttorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 28, 2026 A00442 EXHIBIT D
Irene Martins, Assistant Secretary
City of Bakersfield

LABOR AND MATERIALS BOND
Bond No: 3013018
Premium Included with Performance Bond
The City of Bakersfield ("City") and Frontier Land Partners* ("Principal") have entered into an agreement dated, 20 ("Agreement"), whereby Principal has agreed to install and complete certain designated public improvements for the following project:

Tract 7338 Phase 1 / Landscape Improvement ("Project"). The Agreement, incorporated herein by this reference, requires Principal, before entering into the performance of the work, to furnish a good and sufficient payment bond securing claims to which reference is made in Civil Code sections 9000 through 9566 ("Labor and Materials Bond").

To that end, Principal and Harco National Insurance Company ("Surety"), and their respective heirs, successors, executors, and administrators, jointly and severally, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Civil Code sections 9000 through 9566, in the sum of $81,816.00**for materials and/or labor, of any kind, furnished for the Project, or for amounts due under the Unemployment Insurance Act with respect to the work or labor, and Surety will pay the same in an amount not exceeding the amount set forth above. Should the condition of this bond be fully performed, then this obligation will become null and void; otherwise it shall be and remain in full force and effect.

It is hereby expressly stipulated and agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Civil Code sections 9000 through 9566, so as to give a right of action to them or their assigns in any suit brought upon this bond.

If suit is brought upon this bond, Surety 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 this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications.

Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on 9/28,2026.

PRINCIPAL
‘LLC, a California Limited Liability Company
“Eighty-One Thousand Eight Hundred Sixteen and No/100

LABOR AND MATERIALS BOND
Last Revised: November 20, 2013

EXHIBIT D
seal
A notary public or other officer completing this
certificate verifies only the identity ofthe individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity ofthat document.

State ofCalifornia . )
County of/I)
On before me, C. Shanklin, Notary Public
personally appeared . „ , .
,
who proved to me on the basis ofsatisfactory 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 ofwhich the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Signature) (Affix Seal)
H
C. SHANKLIN 1
COMM. #2541345 h NOTARY PUBLIC • CALIFORNIA «

KERN COUNTY
My Comm. Exp. Dec. 13,2029

EXHIBIT D

CALIFORNIA ALL-PURPOSE 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__________ Fresno
On M? . before me,
Date
personally appeared _____________________
__________ Christine Bagetakos
Insert Name of Notary exactly as it appears on the official seal ________ Linda K. Brager_________
Name(s) of Signers)
Notary Public,
christine bagetakos I
Notary Public ■ California |
Fresno County f
Commission # 2522222 r
' Comm. Expires Jun 3, 2029 |
Place Notary Seal Above
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 paragraph is true and correct.

Witness my hand and official seal.

Signature
Signature

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 the form to another document^ Description of Attached Document
Title or Type of Document: ____________________________ Document Date: lumber of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Top of thumb here Top of thumb here
Signer is Representing: Signer is Representing EXHIBIT D

RIGHT THUMBPRINT

OF SIGNER
Signer's Name:

Individual
Corporate Officer — Title(s):

Partner Limited DGeneral
Attorney in Fact
Trustee
Guardian or Conservator
Other:

Signer’s Name:

Individual
Corporate Officer — Title(s):

Partner DLimited DGeneral
Attorney in Fact
Trustee /
Guardian or Conservator
□Other:/

RIGHT THUMBPRINT

OF SIGNER
POWER OF ATTORNEY Bond# 3013018

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
LINDA K. BRAGER, JOSEPH A. ORNDOFF, III., ALISON BERRY, ANDREW P. RENDON, MORGAN

SCHNEIDER, MIKE GONG, SARAH HARREN
Fresno, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. “RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed.”
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2025

STATE OF NEW JERSEY
County of Essex
Executive Vice President, Harco National Insurance Company

STATE OF ILLINOIS
County of Cook
and International Fidelity Insurance Company
On this 31st day of December, 2025 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ^bl\° /£
.......
\,°^NE*N
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

CERTIFICATION
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2029
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power ofAttorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, September 28, 2026 A00442 EXHIBIT d
Irene Martins, Assistant Secretary

EXHIBIT E
Insurance

ACORD CERTIFICATE OF LIABILITY INSURANCE ZTZZ
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Trucordia Insurance Services, LLC
Trucordia Ins Svs, LLC DBA:

License #0L78680 1701 G St
Bakersfield CA 93301
nam™CT Samantha Jimenez
PHONE (6611835-4642 1 FAX (A/C. No. Ext): 1 > 0| wc No); address' [email protected]
INSURER(S) AFFORDING COVERAGE NAIC#
insurer A: Mesa Underwriters Specialty Ins. Co 36838

INSURED
James Bryan Batey
Frontier Land Partners, LLC
P.O. Box 20247
Bakersfield, CA 93390
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 2026 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE

ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF S.UCH POLICIES. ‘LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY

TYPE OF INSURANCE POLICY NUMBER
SUER
WVD

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
ADDE
INSD
INSR

COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE | X| OCCUR
GEN'LAGGREGATE LIMIT APPLIES PER:

X POLICY
OTHER:

AUTOMOBILE LIABILITY

ANYAUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS
HIRED

AUTOS ONLY

NON-OWNED

AUTOS ONLY

UMBRELLA LIAB OCCUR

EXCESS LIAB CLAIMS-MADE
DED RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
MP000402810253700 08/07/2026 08/07/2027
LIMITS
EACH OCCURRENCE $
DAMAGE TO rented---------------
PREMISES (Ea occurrence)$
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERALAGGREGATE $

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accident)

EACH OCCURRENCE
AGGREGATE $
Tper | OTH1 STATUTE I 1 ER
E.L. EACH ACCIDENT$
E.L DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Location: APN 529-012-48.

The City of Bakersfield, It’s mayor council, officers, agents, employees and designated volunteers are included as additional insured.

EXHIBIT E
POLICY NUMBER: mpoqq4O281O2537oo FARM
FL 04 5010 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - FARM LIABILITY
This endorsement modifies insurance provided under the following:

FARM LIABILITY COVERAGE FORM

SCHEDULE

1. a Name Of Additional Insured Person(s) Or Organization(s) From Whom You Lease Land:

City of Bakersfield
1501 TRUXTUN AVE
BAKERSFIELD, CA 93301-5201

1. b Location Of Land (Specify Part Leased To You):

Locations 1-12 Per Schedule
Description:

Crop/Grazing Land
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The insurance described by any of the following items, A. through F., does not apply unless the required entries have been made in the applicable item(s) of the Schedule.

A. The definition of "insured" is amended to include
as an additional insured the person(s) or organization^) named in ltem(s) 1.a., 2.a. and 3.a. of the Schedule, but only with respect to liability arising
out of the ownership, maintenance or use of land
and premises owned by or leased to you and designated in the Schedule respectively as Items 1.b.,

2. b and 3.b.

The insurance provided under this endorsement
does not apply to:

1. Any "occurrence" that takes place after the expiration of the lease of land or premises described in Item 1.b. or 3.b. of the Schedule;

2. Any "occurrence" that takes place after you
cease to be a tenant on the premises described in Item 2.b. of the Schedule;

3. Structural alterations, new construction or demolition operations performed by or on behalf of any person or organization described in Item
1 .a. or 2.a. of the Schedule; or

EXHIBIT E
FL 04 5010 06 © ISO Properties, Inc., 2005
Insured Copy

4. "Bodily injury" to any "residence employee" of
any person or organization named in the
Schedule when the "bodily injury" arises out of
or in the course of the employee's employment
by the person or organization.

B. The definition of "insured" is amended to include
as an additional insured the person(s) or organizations) named in Item 4.a. of the Schedule, but only with respect to liability for "bodily injury",
"property damage", "personal injury" or "advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment:

1. Leased to you by that person(s) or organizations);

2. Located on the premises designated in Item

4.b. of the Schedule; and

3. Described in Item 4.c. of the Schedule.

With respect to the insurance afforded to these additional insureds, the insurance provided under this endorsement does not apply to any "occurrence"
that takes place after the equipment lease expires.

C. The definition of "insured" is amended to include
as an additional insured, the person(s) or organization^) named in Item 5.a. of the Schedule (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of
"your products" that are:

1. Distributed or sold in the regular course of the
vendor's business; and

2. Described in Item 5.b. of the Schedule.

The insurance provided under this endorsement
does not apply to:
a. Any express warranty unauthorized by you;
b. Any physical or chemical change in the
product made intentionally by the vendor;
c. Repackaging, except when unpacked solely
for the purpose of inspection, demonstration or testing, and then repackaged in the original container;
d. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes
to make in the usual course of business, in
connection with the distribution or sale of
the products;
e. Products that, after distribution or sale by
you, have been labeled or relabeled or used
by or for the vendor as a container, part or
ingredient of any other thing or substance;
or
f. "Bodily injury" or "property damage" arising
out of the sole negligence of the vendor for
its own acts or omissions or those of its employees or anyone else acting on its behalf.

However, this exclusion does not apply to:
(1) The exceptions contained in Subparagraph c.; or
(2) Such inspections, adjustments, tests or
servicing as the vendor has agreed to
make or normally undertakes to make in
the usual course of business in connection with the distribution or sale of the products.

The insurance provided under this endorsement
does not apply to any person or organization that
is an "insured" and from whom you have acquired
products described in Item 5.b. of the Schedule or
to any ingredient, part or container entering into,
accompanying or containing them.

D. The definition of "insured" is amended to include
as an additional insured the person(s) or organizations) named in Item 6.a. of the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of the premises designated in Item 6.b. of the Schedule.

The insurance provided under this endorsement
does not apply to "bodily injury" to any "residence
employee" of any person or organization named in
the Schedule when the "bodily injury" arises out of
or in the course of the employee's employment by
the person or organization.

E. The definition of "insured" is amended to include
as an additional insured the person(s) or organizations) named in Item 7. of the Schedule, but only with respect to their liability arising out of:

1. Their financial control of you; or

2. Premises they own, maintain or control while
you lease or occupy those premises.

The insurance provided under this endorsement
does not apply to structural alterations, new construction or demolition operations performed by or on behalf of any person or organization named in
Item 7. of the Schedule.

F. The definition of "insured" is amended to include
as an additional insured, the person(s) named in
Item 8. of the Schedule, but only with respect to
liability arising out of the ownership, maintenance
or use of the farm premises and farm personal
property shown in the Declarations.

EXHIBIT E
FL 04 50 10 06 © ISO Properties, Inc., 2005
Insured Copy

BAKERSFIELD

THE SOUND OF
Workers' Compensation Coverage
Exemption Declaration
The undersigned (hereinafter referred to as “I" or “Me") hereby deciares that the following is true and correct:

I am an individual or a company that has entered, or will be entering, into an agreement with the City of Bakersfield to provide goods or services.

I am familiar with the terms of said agreement which require Me to maintain workers’ compensation coverage as required by California Law.

I am familiar with the workers' compensation laws of California (generally contained in section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry workers' compensation insurance, and I am exempted under the law from the requirement to maintain workers' compensation insurance coverage.

In addition, during the term of any work for the City of Bakersfield under said agreement, (i) I will not employ any person in any manner so as to become subject to the workers’ compensation laws of California, or (ii) should I become subject to the worker's compensation provision of Section 3700 of the Labor Code for any reason, I shall forthwith comply with those provisions and send evidence of compliance to the City of Bakersfield.

Warning: In California, failure to secure workers’ compensation coverage is unlawful and shall subject an employer to criminal penalties and civil fines up to one hundred thousand dollars (SI 00,000). In addition to the cost of compensation, damages may be assessed as provided for in Section 3706 ofthe Labor Code, including, but not necessarily limited to, interest and attorney’s fees.

Risk Management -09/19 EXHIBIT E
July 28, 2026
City of Bakersfield
1715 Chester Ave
Bakersfield, CA 93301
Re: Tract 7338
Dear Councilmembers:

Frontier Land Partners, LLC does not have any employees and therefore, does not carry Workers Compensation insurance.

Frontier Land Partners, LLC does not own any automobiles and therefore, does not carry automobile liability insurance.

Sincerely,
Frontier Land Partners, LLC
Justin B. Batey, Manager
P.O. Box 20247
Bakersfield, CA 93390

EXHIBIT E
LMR
LMR
LMR
LMR
LMR
LMR
UER RR
R-IA
UER
SR
SR SR
SR
SR
SR
SR SR
SR
SR
SR
SR
LI

R-IA LMR
LR
LR
LR
LMR
LMR
SR
SR
SR
O S-P
R-IA
R-IA
LR
LR
LMR
LMR
LMR
LMR
LMR
LMR
LMR
LMR
LMR
R-IA
LMR
LMR
LMR
LR
LR
HI
LI
LI

SR SR SR
LMR
LMR
LMR
LMR
LMR
LMR
LMR
LMR
LMR
LMR
LMR
GC
LR
LR
LR
LR
SR

CHEYENNE

MOUNTAIN
DR
GOLDEN

ASTER ST

CHATFIELD

MEADOW WAY

JUNEBERRY CT

DONINGTON
AVE
STONE

RIVER CT MEADOW

LAKE DR

MAHOGANY CT
FIR
CT

MISTLETOE AVE

COTTON BLOSSOM AVE
PINION
CT

MARJORAM DR
JHANA
LN

SEARSPOINT AVE

AUSTIN CREEK AVE

SUN DOWN WAY

WAYNELEE CT

INDIAN MALLOW CT

GLOVER CT

ALOE CT

MUSTARD CT

CITRUS TREE CT

SUGAR MAPLE ST

PAPYRUS ST

MESSENGER ST

TUBEROSE AVE

LINEN ST

GUAVA ST

BLUE STREAM AVE

DRY CREEK LN

ROCKINGHAM
WAY

DOVERWAY

SOUTHERNWOOD AVE

PLUMERIA CT

ONYX NIGHT DR

RYEFIELD DR

POMEGRANATE AVE

CEDAR CREEK AVE

EVADELL CT

SPRING TREELN

CASCADE CT

LEONARD ALVARADO RD

TABLE ROCK AVE

STAR SHINE DR

JENKINS RD

PAMS WAY

KRAUSE DR

PATRICK LN

VEGA MEADOWS RD

NORIEGA RD
RENFR
O
R
D
RENFRO
RD

HAGEMAN RD HAGEMAN RD

SANTA FE WAY
T7338
S
CEG
A
S
T
R
A
N
S
MIS
SIO

NPIPELINE

CITY LIMIT
Document Name: 2018_07_13_ZC
0 300 600
Feet
VTTM 7338

CITY OF BAKERSFIELD
LEGEND
(GENERAL PLAN

LAND USE)
RR Ru ralResidential

2.5g ross ac res/dwelling u nit
ER EstateResidential
1dwelling u nit/netac re
SR Su b u rb an Residential
≤4dwelling u nits/netac re
SR/LR
Cou nty:≤4dwelling u nits/netac re
City:≤7.26dw elling u nits/netac re
LR Low Density Residential
≤7.26dwelling u nits/netac re
LMR Low Mediu m Density Residential
>4b u t≤10dw elling u nits/netac re
HMR Hig h Mediu m Density Residential
>7.26u nits b u t
≤17.42dwelling u nits/netac re
HR Hig h Density Residential
>17.42u nits b u t
≤72.6dw elling u nits/netac re
HC Hig h way Com m erc ial
GC GeneralCom m erc ial
MC MajorCom m erc ial
O C O ffic eCom m erc ial
MUC MixedUseCom m erc ial
LILig h tIndu strial
SI Servic eIndu strial
HIHeavy Indu strial
P Pu b lic Fac ilities
PS Pu b lic /PrivateSc h ools
PT Pu b lic Transportation Corridors
P-SW SolidW asteFac ilities
O S O pen Spac e
O S-PParks andRec reation
O S-SSlopes exc eeding 30%
R-IAResou rc eIntensiveAg ric u ltu re
20ac rem inim u m parc elsize
R-EAResou rc eExtensiveAg ric u ltu re
20ac rem inim u m parc elsize
80ac rem in (W illiam son Ac t)
R-MPResou rc eMinerals &Petroleu m
5ac rem inim u m parc elsize
UERUrb an EstateResidential
W estern RosedalePlan

0.5ac renetm inim u m parc elsize
W M W estMing Spec fic Plan
Recording requested by
and for the benefit ofthe CITY OF
BAKERSFIELD and when recorded,
mail to :

CITY OF BAKERSFIELD
City Clerk
1600 Truxtun Ave.

Bakersfield, CA 93301
TRACT NO. 7338 Phase 1 space above this line for recorder s use No recording fee required: exempt pursuant to
Government Code Section 27383.

The undersigned Grantor(s) declare(s) that the
Documentary Transfer Tax is $0 Grantee is Exempt
Gov’t Agency (R&T Code 11922)
GC 27388.1(a)(1): Recorded document is expressly
exempted from payment of recording fees (FBO) Govt, agency)

CITY OF BAKERSFIELD
Bakersfield, California

COVENANT RELATING TO ISSUANCE

OF CERTIFICATE OF OCCUPANCY
THIS COVENANT is executed on this day of ^1x5-^ , 2026, by Frontier Land Partners, LLC, a California limited liability company^hereinafter "Owner/s") in connection with the recordation ofthe final map on the real property which is the subject ofthat portion ofVesting Tentative Tract No. 7338, located in the City ofBakersfield, California.

No Certificate of Occupancy will be issued for any lot until all required improvements have been completed by the subdivider and accepted or approved by the City Engineer.

This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land.

Property description: Lots 1 through 31 of Tract No. 7338 Phase 1, being a portion of Section 14, T29.S, R26.E, M.D.M., in the City ofBakersfield, County ofKern, State ofCalifornia.

Frontier Land Partners, LLC,
a California limited liability company
Justin B. Batey, Manager
City of Bakersfield
Phillip Burns, Development Services Director

CALIFORNIA ALL PURPOSE 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 Kern}
On Cl | Z Z| (/ before me, A. Seymour Notary
Public,
Date (here insert name and title ofthe officer)
personally appeared Justin B. Batey
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 paragraph is true and correct.

WITNESS my hand and official seal.
■ a a
1 ySgSx A. SEYMOUR
Notary Public - California
Kern County
Commission # 2417507
Comm. Expires Oct 16, 2026
(Seal)

OPTIONAL
Description of Attached Document
Title or Type of Document: Covenant Occupancy Number of Pages:

DocumentDate:Other:
2015 Apostille Service, 707-992-5551 WWW.CaliforniaApostille.US California Mobile Notary Network www.CAMNN.com

RECORDING REQUESTED BY

AND FOR THE BENEFIT OF

CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO:

City of Bakersfield
Attn: City Clerk
1600 Truxtun Avenue
Bakersfield, CA 93301
Tract Map No. 7338 Phase 1 space above this line for recorder's use No recording fee required: exempt pursuant to
Government Code Section 27383.

The undersigned Grantor(s) declare(s) that the
Documentary Transfer Tax is $0 Grantee is Exempt
Gov’t Agency (R&T Code 11922)
GC 27388.1(a)(1): Recorded document is expressly
exempted from payment of recording fees (FBO) Govt, agency)

CITY OF BAKERSFIELD
Bakersfield, California

COVENANT RELATING TO REMOVAL OF GROUNDWATER

UPON SUBDIVISION
THIS COVENANT is executed on this dav of 2026, by
Frontier Land Partners, LLC, a California limited liability company, (hereinafter “Owner/s their grantees and grantee’s heirs, or assigns”) in connection with the removal of groundwater from here-in described property, located in the incorporated area of the City of Bakersfield, County of Kern.

The owner/s of the real property herein described shall be prohibited from the pumping and taking of groundwater from the property for any use off the property; provided, however, such pumping and taking may be carried out by the authorized urban water purveyor which provides water service to the subdivided land. Owner/s their grantees and grantee’s heirs, or assigns hereby waive their right to protest such prohibition.

This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land.

Property description: Lot 1 through 31 of Tract No 7338 Phase 1, being a portion of Section 14, T.29S., R.26E., M.D.M., City of Bakersfield, County of Kern, State of California.

Frontier Land Partners, LLC,
a California limited liability company
JfJstin B. Batey, Manager
City of Bakersfield

CALIFORNIA ALL PURPOSE 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 Kern}
on 01
Public,
before me, A. Seymour Notary
Date (here insert name and title ofthe officer)
personally appeared Jus*'n B. Batey
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 paragraph is true and correct.

WITNESS my hand and official seal.
d A. SEYMOUR b
’ ZSLXfe&'V Notary Public - California £
| Kern County g
1 Commission # 2417507 r
J My Comm. Expires Oct 16, 2026 y
.(Seal)

OPTIONAL
Description of Attached Document
Title or Type of Document: Covenant Ground Water Number of Pages:

DocumentDate:Other:
2015 Apostille Service, 707-992-5551 WWW.CaliforniaApQStille.US California Mobile Notary Network www.CAMNN.coin Recording requested by
and for the benefit of
the City ofBakersfield.

When recorded mail to:

City ofBakersfield
City Clerk’s Office
1600 Truxtun Avenue
Bakersfield, CA 93301
MD 1-117
THIS SPACE FOR RECORDER’S USE ONLY
Existing Legal: A portion ofLot 1 ofLot Line Adjustment No. 19-0287 per Certificate ofCompliance Recorded August 10,2020 as Document No. 220108296 ofOfficial Records, in the Office ofthe Kern County Recorder; also being a portion of Section 14, T29.S., R 26.E., M.D.M, in the City of Bakersfield, County of Kern, State of California.

Map or Project Number: Tract 7338 Phase 1
ATN(s): 529-012-48-00-1

COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on “'SlxXM , 2026, by
Frontier Land Partners, LLC, a California limited liability company, in Bakersfield, herein after referred as “Owner”, in connection with the Consolidated Maintenance District, located in the City ofBakersfield, California.

The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of-way within the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation Department.

Assessment is imposed in accordance with California Proposition 218 with the Consent of Majority Property Owner(s) as can be seen on the ballot cast and attached as Exhibit “A”.

Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance ofa public park and public landscaping based on full build out ofthis district, is $290.57 per equivalent dwelling unit, based on fiscal year 2026-2027 dollars and labor costs of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Riverside - Orange County / All Urban Consumers Consumer Price Index (see Bakersfield City Council Resolution No. 019-05). This covenant may not be amended or modified without the prior approval ofthe City ofBakersfield. This covenant shall run with the land.

Dated this day of , 2026.

Frontier Land Partners, LLC City ofBakersfield
a California limited liability company
JuSfin B. Bater, Manager Phillip Burns, Development Services Director NOTE: All owner(s)/developer(s) signatures must be notarized.

Exhibit “A” to the Covenant Disclosing Inclusion in a Maintenance District.

PROPOSITION 218 BALLOT

CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT
This assessment ballot is for the use of the property owner of the parcel(s) identified below, which are proposed to be included in the City of Bakersfield Consolidated Maintenance District (CMD). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To be counted, this assessment ballot must be signed below by the owner or, ifthe owner is not an individual, by an authorized representative ofthe owner.
[TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE]

OFFICIAL ASSESSMENT BALLOT
Property Owner: Frontier Land Partners, LLC, a California limited liability company Property description: 529-012-48-00-1
The individual annual assessments for fiscal year 2026-2027 shall not exceed $290.57 per equivalent dwelling unit plus any costs incurred by the City from the County Assessor’s office for adding parcels to the Tax Roll. NOTE: In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index.

ASSESSMENT BALLOT MEASURE
Shall the City Council ofthe City of
Bakersfield include the above described -A Yes
property within the Consolidated Maintenance
District and levy an assessment not to exceed O No
the amount set forth above?
Frontier Land Partners, LLC,
a California limited liability company
Owner Signature:

Title (ifrepresenting owner): Justin B. Batey, Manager
Date: 2 - Z ? -

CALIFORNIA ALL PURPOSE 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 Kern}
On IlWw
Public, '
Date
before me, A. Seymour Notary
(here insert name and title ofthe officer)
personally appeared Jus*'n B. Batey
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 paragraph is true and correct.

WITNESS my hand and official seal.
- A. SEYMOUR
Notary Public ■ California
Kern C°untY
Commission # 2417507
'<^2^My Comm. Expires Oct 16, 2026
(Seal)

OPTIONAL
Description of Attached Document
Title or Type of Document: Covenant Maintenance District Number of Pages:

DocumentDate:Other:
2015 Apostille Service, 707-992-5551 WWW.CaliforniaApostille.US California Mobile Notary Network www.CAMNN.com Recording requested by
and for the benefit of the

CITY OF BAKERSFIELD
and when recorded, mail to:

City Clerk
1600 Truxtun Ave.

Bakersfield, CA 93301
No recording fee required: exempt pursuant to
Government Code Section 27383.

The undersigned Grantor(s) declare(s) that the
Documentary Transfer Tax is $0 Grantee is Exempt
Gov’t Agency (R&T Code 11922)
Tract No. 7338 Phase 1

SPACE ABOVE THIS LINE FOR RECORDER'S USE

COVENANT DISCLOSING PIPELINE LOCATION
THIS COVENANT is executed on this day of V, 2026,
by Frontier Land Partners, LLC, a California limited liability company, (hereinafter “Owner/s”) in connection with the recordation ofthe final map ofthe real property which is the subject ofTract No. 7338 Phase 1, located in the City ofBakersfield, California. This Covenant may not be amended or modified without the prior approval ofthe City of Bakersfield and shall run with the land. The real property herein described has a 34” Pacific Gas & Electric Pipeline, located within 250 feet of Lots 14 through 19 ofTract No. 7338 Phase 1.

Property Description:

This Covenant affects only Lots 14 through 19 of Tract No. 7338 Phase 1, being a portion of Section 14, T.29 S., R. 26 E., M.D.M., City ofBakersfield, County ofKern, State of California.

Jtfgfm B. Batey, Manager
Frontier Land Partners, LLC
a California limited liability company
City of Bakersfield
Phillip Burns, Development Services Director

CALIFORNIA ALL PURPOSE 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 Kern}
On (fl
Public,
Date
before me, A. Seymour
(here insert name and title ofthe officer)
Notary
personally appeared Justin B- Batey
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 paragraph is true and correct.

WITNESS my hand and official seal.
1 A. SEYMOUR
Notary Public - California
Kern County
Commission # 2417507
My Comm. Expires Oct 16, 2026
.(Seal)

OPTIONAL
Description of Attached Document
Title or Type of Document: Covenant Pipeline Location Number of Pages:

DocumentDate:Other:
2015 Apostille Service, 707-992-5551 WWW.CaliforniaApostille.us California Mobile Notary Network www.CAMNN.com Recording requested by
and for the benefit of the

CITY OF BAKERSFIELD
and when recorded, mail to:

City Clerk
1600 Truxtun Ave.

Bakersfield, CA 93301
No recording fee required: exempt pursuant to
Government Code Section 27383.

The undersigned Grantor(s) declare(s) that the
Documentary Transfer Tax is $0 Grantee is Exempt
Gov’t Agency (R&T Code 11922)
GC 27388.1(a)(1): Recorded document is expressly
exempted from payment of recording fees (FBO) Govt, agency) Tract No. 7338 Phase 1

SPACE ABOVE THIS LINE FOR RECORDER'S USE

COVENANT DISCLOSING PROXIMITY TO DRILL SITE LOCATION
THIS COVENANT is executed on this XL day of , 2026,
by Frontier Land Partners, LLC, a California limited liability company, (hereinafter “Owner/s”) in connection with the recordation ofthe final map ofthe real property which is the subject of Tract No. 7338 Phase 1 located in the City of Bakersfield, California. This Covenant may not be amended or modified without the prior approval ofthe City of Bakersfield and shall run with the land. The real property herein described has a designated Drill Site located within 500 feet ofLots 1 through 9 and Lots 22 through 31 ofTract 7338 Phase 1.

Property Description:

The Drill Site is located within Lot A of Tract No. 7338 Phase 2, being a portion ofLot 1 of Lot Line Adjustment No. 19-0287 per Certificate of Compliance Recorded August 10, 2020 as Document No. 220108295 in the Office of the Kern County Recorder; also being a portion of Section 14, T.29.S., R. 26.E., M.D.M., City ofBakersfield, County ofKern, State of California.

Frontier Land Partners, LLC
a California limited liability company
Jfistin B. Bater, Manager
City ofBakersfield
Phillip Bums, Development Services Director

CALIFORNIA ALL PURPOSE 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 Kern
before me A. Seymour Notary
Public.

Date (here insert name and title ofthe officer)
personally appeared Justin B. Batey
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 paragraph is true and correct.

WITNESS my hand and official seal. > -
A. SEYMOUR
Notary Public - California
Kern County
Commission #2417507
My Comm. Expires Oct 16, 2026
Signature: .(Seal)

OPTIONAL
Description of Attached Document
Title or Type of Document: Covenant Proximity to Drill Site Number of Pages:

DocumentDate:Other:
2015 Apostille Service, 707-992-5551 WWW.CaliforniaApostille.US California Mobile Notary Network www.CAMNN.com Recording requested by
and for the benefit of the

CITY OF BAKERSFIELD
and when recorded, mail to:

City Clerk
1600 Truxtun Ave.

Bakersfield, CA 93301
No recording fee required: exempt pursuant to SPACE ABOVE THIS LINE FOR RECORDER'S USE Government Code Section 27383.

The undersigned Grantor(s) declare(s) that the
Documentary Transfer Tax is $0 Grantee is Exempt
Gov’t Agency (R&T Code 11922)
GC 27388.1(a)(1): Recorded document is expressly
exempted from payment of recording fees (FBO) Govt, agency) Tract No. 7338 Phase 1

COVENANT DISCLOSING DRILL SITE LOCATION
THIS COVENANT is executed on this day of , 2026,
by Frontier Land Partners, LLC, a California limited liability company, (hereinafter “Owner/s”) in connection with the recordation ofthe final map ofthe real property which is the subject of Tract No. 7338 Phase 1 located in the City of Bakersfield, California. This Covenant may not be amended or modified without the prior approval ofthe City of Bakersfield and shall run with the land. The real property herein described has a designated Drill Site located within Tract No. 7338 Phase 2.

Property Description:

The Drill Site is located within Lot A ofTract No. 7338 Phase 2, being a portion of Lot 1 of Lot Line Adjustment No. 19-0287 per Certificate of Compliance Recorded August 10, 2020 as Document No. 220108295 in the Office of the Kern County Recorder; also being a portion of Section 14, T.29.S., R. 26.E., M.D.M., City ofBakersfield, County ofKern, State of California.

Justin B. Batey, Manager
Frontier Land Partners, LLC, a California
City of Bakersfield
Phillip Burns, Development Services Director

CALIFORNIA ALL PURPOSE 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 Kern}
On
Public, '
before me,
Date
A. Seymour
(here insert name and title ofthe officer)
Notary
personally appeared Jus*'n B. Batey
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 paragraph is true and correct.

WITNESS my hand and official seal.
----------------- -----------------~
k. SEYMOUR
\ Notary Public ■ California
;| Kern County
/ Commission #2417507
Mv Comm. Expires Oct 16, 2026
.(Seal)

OPTIONAL
Description of Attached Document
Title or Type of Document: Covenant Disclosing Drill Site Number of Pages:

DocumentDate:Other:
2015 Apostille Service, 707-992-5551 WWW.CaliforniaApostille.US California Mobile Notary Network www.CAMNN.com Recording requested by
and for the benefit ofthe CITY OF
BAKERSFIELD and when recorded,
mail to:

CITY OF BAKERSFIELD
City Clerk
1600 Truxtun Ave.

Bakersfield, CA 93301
Tract Map No. 7338 Phase 1

RESTRICTIVE COVENANT DISCLOSING ABANDONED OIL WELL LOCATION

AND NONBUILDABLE AREA
THIS COVENANT is executed on this . 22 day of~, 2026,
by Frontier Land Partners, LLC, a California limited liability company (hereinafter “Owner/s”) in connection with the recordation ofthe tract map ofthe real property which is the subject of Tract No. 7338 Phase 1, located in the City ofBakersfield, California. This Covenant may not be amended or modified without the prior approval ofthe City of Bakersfield and shall run with the land. The real property herein described has an abandoned oil well, Well No. “KCLCC” (15-19)9, located within a portion of Lots 12 and 13 of Tract No. 7338 Phase 1. This abandoned oil well location is the center of a 10.00-foot radius circular “non-buildable” area.

Property Description:

This Covenant affects a portion of Lots 12 and 13 of Tract Map No. 7338 Phase 1, being a portion of Section 14, T. 29 S., R. 26 E., M.D.M., City of Bakersfield, County of Kern, State of California.

Froniter Land Partners, LLC City ofBakersfield
a California limited liablity company
Justin B. Batery, Manger Phillip Bums
Development Services Director

CALIFORNIA ALL PURPOSE 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 Kern
before me, A. Seymour Notary
Public,
Date (here insert name and title ofthe officer)
personally appeared ^us^n B. Batey
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 paragraph is true and correct.

WITNESS my hand and official seal.
.(Seal)
A. SEYMOUR
Notary Public ■ California
Kern County
Commission It 2417507
A. SEYMOUR
a Notaryf Public ruuiit. ■ California \.aiiiuinia z
Kern County 5
Commission It 2417507
Signature:

OPTIONAL
Description of Attached Document
Title or Type of Document: Covenant Disclosing Abandoned Oil Number of Pages:

Well Location and Nonbuildable Area
DocumentDate:Other:
2015 Apostille Service, 707-992-5551 WWW.CaliforniaApostille.US California Mobile Notary Network www.CAMNN.com

ADMINISTRATIVE REPORT
MEETING DATE: October 21, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: October 11, 2026
SUBJECT: Final Map and Improvement Agreement with Frontier Land Partners, LLC, for Tract 7338 Phase 2.

Developer is requesting to enter into agreements so the final map for Tract 7338 Phase 2 located on the southeast corner of Santa Fe Way and Renfro Road can be approved and recorded (Ward 4) RECOMMENDATION:

Staff recommends approval of the Final map and Improvement Agreement.

BACKGROUND:

Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 7338 Phase 2 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Frontier Land Partners, LLC, a California Limited Liability Company wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded.

The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer’s responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval.

FISCAL IMPACT:

There will be no financial impact to the City. Proposed street improvements are being bonded for and included within the proposed improvement agreement.

COUNCIL GOAL:

Reliable Infrastructure
ATTACHMENTS:

1. Tract 7338-2 – Final Map

2. Tract 7338-2 – Improvement Agreement

3. Tract 7338-2 – Vicinity Map

4. Tract 7338-2 - Covenants

IMPROVEMENT AGREEMENT NO.

FOR
Tract 7338 Phase 2
This IMPROVEMENT AGREEMENT ("Agreement") is entered into on and effective asof(the"Effective Date"), by and between
the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “City") and Frontier Land Partners, LLC, a California Limited Liability Company authorized to do business in California (referred to herein as “Developer").

RECITALS
WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 7338 Phase 2 (the “Project"), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) (“Map Act”), and the Subdivision Ordinance of City (Title 16 of the Bakersfield Municipal Code (“BMC")) (“Ordinance"); and
WHEREAS, City’s Planning Commission approved Developer’s tentative map subject to certain approved exceptions and conditions; and WHEREAS, Developer has submitted its final map to City for approval in accordance with the Map Act and the Ordinance; and
WHEREAS, Developer desires to file a final map for the Project before installing the street, sewer, storm drain, water, and wall (the “Public Improvements”) required as a condition of City’s approval of the Project; and WHEREAS, Developer desires to enter into this Agreement with City to complete the required Public Improvements work in the Project within the time and in the manner provided herein; and
WHEREAS, City requires Developer to execute this Agreement as a prerequisite for approving Developer’s final map.

NOW THEREFORE, incorporating herein the above recitals, City and Developer agree as follows:

IMPROVEMENT AGREEMENT - 2 Party
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1. IMPROVEMENTS TO BE CONSTRUCTED. Developer will construct in the Project, at its sole cost and expense, those facilities and improvements (herein collectively referred to as “Improvements”) required by BMC Sections 16.32.060 or Section 16.32.080, whichever is applicable, required in the resolution adopted by the City Planning Commission on August 16, 2018, and/or required in a resolution extending the expiration of the tentative map, if applicable. The Planning Commission’s resolution and the resolution extending the expiration of the tentative map, if applicable, are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein.

2. MANNER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following:

2.1. Title 16 of the Bakersfield Municipal Code;

2.2. California Subdivision Map Act (California Government Code Section 66410, et seq.);

2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer" also refers to City Engineer's designee);

2.4. Adopted City standards; and

2.5. Good engineering practices and workmanlike manner.

3. TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the time for completion.

4. RECORDING OF NOTICE OF COMPLETION; ISSUANCE OF CERTIFICATES OF OCCUPANCY; FINAL INSPECTIONS.

4.1. When Developer notifies City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements.

4.2. When Developer corrects the deficiencies, if any, in the Improvements to City Engineer’s satisfaction, City Engineer will accept the Improvements.

IMPROVEMENT AGREEMENT- 2 Party
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4.3. After the Improvements are accepted by City Engineer, City will record a notice of completion (the "NOC") once Developer provides City Engineerwith relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and incorporated herein by this reference.

4.4. City Building Director will not conduct a final inspection or issue any certificates of occupancy to Developer for any lot within the phase1 covered by this Agreement (the “Covered Phase") until City records the NOC.

5. GUARANTEE AGAINST DEFECTS. Developer hereby guarantees all features of the Improvements against defective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NOC. Upon City's demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period on private improvements will begin when the NOC is recorded.

6. IMPROVEMENT SECURITY.

6.1. Required Security. Based upon an Engineer's Estimate, attached hereto and incorporated by reference as Exhibit B, Developer must provide security as described herein and detailed in Exhibit C, that establishes the following obligations:

6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements (herein “Performance Security");

6.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32.040 (herein “Labor and Materials/Payment Security”); and

6.1.3. Warranty/Maintenance against any defective work or labor performed on or defective materials furnished for the
Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above (herein “Warrant/Maintenance Security").
1 For tracts that have no phases, the term “Covered Phase” refers to the Project.

IMPROVEMENT AGREEMENT - 2 Party
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6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of security is acceptable:

6.2.1. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute;

6.2.2. Cash deposited with City; or

6.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City.

6.3 Developer’s Obligation to Maintain Security. It is Developer's sole responsibility to maintain the security as follows:

6.3.1 Developer must provide City with the original security documentation as outlined in Exhibit C. The original security documents satisfying this requirement are attached herein as Exhibit D.

6.3.2 Developer must ensure that all security is current and that there is no gap in security coverage. At least sixty days before any security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the
security current or provide new security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever security is available for
completion of all Developer obligations under this Agreement.

6.3.3 Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person associated with each form of security and identify the local representative and corporate headquarters of the company providing the
security (“Contact Information”). It is Developer’s responsibility to ensure that City is provided with updates to any of the Contact Information.

6.4 Release of Security. The security will be released as described in IMPROVEMENT AGREEMENT- 2 Party
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Exhibit C.

7. DEFAULT; REMEDIES.

7.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist:

7.1.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein;

7.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion within the time, or any extension of time, provided in this Agreement;

7.1.3. Developer has abandoned any of the work on the
Improvements;

7.1.4. Developer, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared;

7.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt;

7.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or

7.1.7. Developer or owner of the Project transfers ownership of the Project.

7.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity:

7.2.1. Demand that any available surety pay for the completion of the Improvements;

7.2.2. Demand that any available surety assume Developer's IMPROVEMENT AGREEMENT - 2 Party
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obligations under this Agreement, in lieu of payment of the secured funds;

7.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety’s expense, and Developer and its surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or other
expenditures incurred by City in the course thereof;

7.2.4. Combine the payment of secured funds and the completion of Developer’s obligations under this Agreement by City forces and/or other entities;

7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Covered Phase;

7.2.6. Withhold the issuance of building permits in subsequent phases until all Improvements in the Covered Phase are completed and approved by City Engineer; and

7.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in the Project to act as such party’s agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion.

Right of Entry. If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety’s designated representatives for the purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement.

It is the responsibility of City, the surety, or the City's or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project’s owner should Developer not own or have rights to the IMPROVEMENT AGREEMENT - 2 Party
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Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City’s right-of-way.

8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement.

9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer's failure to comply with any of the terms and conditions of this Agreement.

10. INDEMNITY.

10.1 Developer will indemnify, defend, and hold harmless City and its Council, officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, or any of them, before administrative orjudicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct.

10.2 Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability, suit, claim, or demand that Developer has agreed to indemnify them against herein, and must satisfy any resulting judgment that may be rendered against any of them.

10.3 Developer’s surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the IMPROVEMENT AGREEMENT - 2 Party
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Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety.

11. INSURANCE.

11.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").

11.1.1. Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.

11.1.2. Commercial general liability insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:

11.1.2.1. Provide contractual liability coverage for the terms of this Agreement;

11.1.2.2. Provide unlimited products and completed
operations coverage;

11.1.2.3. Provide premises, operations, and mobile
equipment coverage; and

11.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents,
employees, and designated volunteers.

11.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will IMPROVEMENT AGREEMENT - 2 Party
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be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Developer must submit to City the following certification before
beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation
or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with
such provisions before commencing the
performance of the work of this contract.

By executing this Agreement, Developer is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers.

11.2. General Provisions Applying to All Insurance Types.

11.2.1. All policies required of Developer must be written on a firstdollar coverage basis, or contain a deductible provision.

Subject to City's advance approval, Developer may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy
conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured.

11.2.2. All policies required of Developer must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
Developer’s insurance and must not contribute with it.

11.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best’s rating as approved by City’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured
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