Tract 7338-1 - Landscape Agreement.pdf — Bakersfield City Council, October 21, 2026

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.

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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;
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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
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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;
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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]
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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
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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)
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Signer is Representing: Signer is Representing EXHIBIT D

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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

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

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:/

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OF SIGNER
POWER OF ATTORNEY Bond# 3013018

HARCO NATIONAL INSURANCE COMPANY

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.

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

Page 1 of 2 ends

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.

Page 2 of 2 ends

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

Bakersfield City CouncilOctober 21, 2026

Bakersfield City Council
October 21, 2026