8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
• Remove and replace concrete and AC as needed where lifting. • Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slurry coat for all road surfaces.
• Restore/Verify pavement striping/markings.
• Restore/Verify blue dots and signage as needed.
• Clean and camera sewer. Provide report and video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade within Right -of -Way. • Provide Landscape Architects Certification as required.
Chris Carlaccini
2/21/2024
Print Name and Sign — Contact/Applicant Date
BEAUMONT
Punch List
Project Name: Final Monument Release of Maintenance Bond PW2024-0012
Inspected By: Jason Craghead
Item
No.
Description
1 COC recording info required
No items
[COMPANY NAME]
Bond No. 1155909
Tract No. 27971-2
Page: 1 of 1
Completed by
Construction
(Sign/Date)
Date: 8/13/24
Accepted by
(Sign/Date)
Richard Godsey Richard Godsey
8/20/24
Jason Craghead
8/20/24
9/13/24
Jason Craghead
8/20/24
Rev. 02/25/2015
Basic Gov (Sales Force) #
File #
2b1,c
AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS
FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN
(Tract Map/Parcel Map/Plot Plan No. 27971-2)
THIS SECURITY AGREEMENT is made by and between CITY OF BEAUMONT ("CITY") and RSI Communities -California LLC, a Delaware limited liability company ("DEVELOPER").
RECITALS
A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Tract Map/Parcel Map/Plot Plan # 27971-2, ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights - of -way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights -of -way and easements depicted thereon, that such rights -of -way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and
C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER' s offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows:
1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement.
2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements.
3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY -approved plans and specifications.
4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY a performance bond issued by a corporate surety in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure.
5. Security for Contractors, Subcontractors. Laborers and Materialmen. The DEVELOPER shall also provide a payment bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets.
The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure.
6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds.
Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment -related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M.
Best rating of "A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified 2
herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER.
7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California -admitted surety company with an A.M. Best rating of no less than "A, XV" for $2,000,000 per occurrence.
Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured.
8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY.
9. Procedure for Release of Performance Bond Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner:
a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the City's acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans 3
and specifications for the Improvements, it shall supply a list of all remaining work to be completed.
c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY.
d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY' s notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion.
10. Procedure for Release of Payment Bond Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment may, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced by Surety to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security may be released in full.
11. Security for One -Year Warranty Period. The release procedures described in paragraphs 9 and 10 above shall not apply to any required guarantee and warranty period nor to the amount of the performance bond security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.
12. Bindinv Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns.
13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto.
14. No Assignment. The DEVELOPER may not assign this Security Agreement, or any part thereof, to another without the prior written consent of the CITY.
15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 4
16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates listed below.
CITY OF BEAUMONT
Date
DEVELOPER
By RSI Communities -Ca fornia LLC
Date
Title: \Ae. ra t k7E-_l {%b 124 D rt.A,lr.+1641,w,
Address:
680 Newport Center Drive, 3F
Newport Beach, CA 92660
5
Basic Gov (Sales Force) # C5, S
File #
Bond #1155909
Premium: $337.00/2 yrs.
EXHIBIT "A"
rERFOR1VIANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities - California LLC, a Delaware limited liability company (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map, #27971-2 dated , 20 , whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, No.27971-2, which is hereby incorporated herein and made a part hereof; and Final Monumentation.
WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Lexon Insurance Company, as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Twenty -Four Thousand One Hundred Twenty & NO/100ths ($24,120.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The 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 the specifications accompanying the same shall in any way 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 or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 1st , 20 18 .
PRINCIPAL:
RSI Communities - California LLC,
a Delaware limited liability company
By
Title
Darius Fatakia
Vice President Land Development
SURETY:
By
Lexon Insurance Company
Title Beata A. Sensi, Attorney -in -Fact
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange
On March 1, 2018
}
before me, Susan E. Morales, Notary Public
(Here insert name and title or toe officer)
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the person f se) whose name{) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfiesj, and that by its/her/their signature(s) on the instrument the person(sj, 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.
G(iOCLY� . ■ • ! C 7c
Notary Public Signature (Notary Public Seal)
t
SUSAN E. MORALES
COMM, *21017S8
Z 1 � I NOTARY PUBLIC - CALIFORNIA 5
ORANGE COUNTY
My Comm. Expires March 28, 2019
ADDITIONAL OPTIONAL INFORMAT
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
I=1 Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
•
INSTRUCTIONS FOR COMPLETING THIS FORM
ON This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (Le. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
EXHIBIT "B"
Bond #1155909
Premium included with
the Performance Bond
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities - California LLC, a Delaware limited liability company (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map #27971-2 , dated , 20 , whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, No. 27971-2, which is hereby incorporated herein and made a part hereof; and Final Monumentation.
WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Section 8000, et seq., of the Civil Code of the State of California.
NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Section 8000, et seq., of the Civil Code in the sum of Twenty -Four Thousand One Hundred Twenty & NO/100ths ($24,120.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the 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.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 8000, et seq., of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 1st , 20 18 .
PRINCIPAL:
RSI Communities - California LLC,
a Delaware limited liability company
SURETY:
American Contractors Indemnity Company
By By
Darius Fatakia
Vice President Land Development
Title
jAr+til---
Title _Beata A. Sensi, Attorney -in -Fact
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGI :' ENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange
}
On March 1, 2018 before me, Susan E. Morales, Notary Public (Here insert name and title of the officer)
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the persons) whose name{) is/are subscribed to the within instrument and acknowledged to me that 1-re/she/they executed the same in his/her/their authorized capacityfies), and that by fris/her/their signature(s-) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
Notary Public Signature
(Notary Public Seal)
SUSAN E. MORALES
COMM. # 21017918
NOTARY Plit3LIC - CALIFORNIA C
ORANGE COUNTY
My Comm. Expires March 26, 2010
ADDITIONAL OPTIONAL INFORMAT ON INSTRUCTIONS FOR COMPLETING THIS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
Partner(s)
Attorney -in -Fact
Trustee(s)
Other
2015 Version www.NotaryClasses.com 800-873-9865
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
POWER OF ATTORNEY
Lx- 314375
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in jisville, Kentucky, does hereby constitute and appoint: Todd M. Rohm, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Shane Wolf its true and lawful Attomey(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 5th day of August, 2015.
LEXON INSURANCE COMPANY
BY
ACKNOWLEDGEMENT
David E`Campbell
President
On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ,,,,,,,,,,,,,,
a
c i
AMY TAYLOR
Notary Public- State of Tennessee
Davidson County
My Commission Expires 07-08-19
CERTIFICATE
BY
Amy
Nota
ylor
Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attomey of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force.
Signed and Seal at Mount Juliet, Tennessee this
Day of , 20 MAR. - 1 2018
BY
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, filer, and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." 9 317 oft
20/4- °in-WEI
okIci4A-L
NUMBER OF LOTS: 59
NUMBER OF LETTERED LOTS : 7
ACREAGE OF LOTS: 10.05 AC.
ACREAGE OF LL / IERED LOTS: 4.22 AC.
TOTAL ACREAGE 14.27 AC.
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE W. Y PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR 77TLE TO SAND LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION 444P AS SHOWN WITHIN THE DIST7NCTTVE BORDER LINE.
WE HEREBY DEDICATE 70 THE CITY OF BEAUMONT,, FOR STREET AND PUBLIC UTILITY PURPOSES, LOT A" (HEARTLAND PARKWAY SOUTH), LOT B' (VICTORIA PLACE), LOT 'C' (GOLDEN GATE WAY), LOT D' (POWELL PLACE), LOT 'E' (VICTORIA PLACE), LOT F' (CONCORD PLACE), AND LOT C' (CLEVELAND PLACE).
WE HEREBY RETAIN LOTS 58 AND 59 INCLUSIVE, FOR COMMON OPEN SPACE AND LANDSCAPE MAINTENANCE, AS SHOWN HEREON, TO OURSELVES, OUR SUCCESSORS, ASSICNLES AND LOT OWNERS WITHIN THIS TRACT.
LV HEARTLAND LW,
A DELAWARE LIMITED LIABILITY COMPANY
BY`
hottiowvaii. std.Aln
TRUSTEE'S STATEMENT
f7DELITY NATIONAL TITLE INSURANCE COMPANY, AS TRUSTEE UNDER DEED OF TRUST RECORDED JULY 31, 2006 AS INSTRUMENT NO. 2006-557501, OF OFFICIAL RECORDS, AN INSTRUMENT ENTITLED 'SECOND AMENDED AND RESTATED CONSTRUCTION DEED OF TRUST AND FIXTURE FILING" RECORDED OCTOBER 04, 2007 AS INSTRUMENT NO 2007-0619882, OF OFFICIAL RECORDS.
f7DELITY 0 TITLE /N,9[IRANCE COMPANY
ART CH
SENIOR VICE PRESIDEN
NOTARY ACKNOWLEDGMENT
STATE OF NEW YORK )
) SS
COUNTY OF NEW YORK )
ON _a _ BEFORE ME, THE UNDERSIGNED, PERSONALLY APPEARED
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAMES) lS/jle SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SW/MeV EXECUTED THE SAME IN H/S/H.fir/77#9P AUTHORIZED CAPACITY4101, AND THAT BY HIS/1 !/T/A �APPEIRED d�
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(,8f WHOSE NAME PY IS/bet SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/$l£/PeY EXECUTED THE SAME IN His/om/rideft? AUTHORIZED CAPACITY(/, AND THAT BY HIS/MPf'P/'G IR SIGNATURE(? ON THE INSTRUMENT THE PERSON0e,, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON() ACTED, EXECUTED THE
INSTRUMENT
I CERTIFY UNDER PENALTY OF PERJURY, UNDER THE LAWS OF THE STATE OF CALIFORNIA, THAT THE FOREGOING PARAGRAPH IS THE TRUE AND CORRECT.
Wl� S MY HAND:
SIGNATURE
.1)1CePAIL-Indietie..AfgAILAIL-1
(PRINT NAME)
MY COMMISSION EXPIRES t A ? t
MY PR/NC/PAL PLACE OF BUS/NETS /5 5 e.. COUNTY.
SHEET 1 OF 5 SHEETS
RECORDER'S STATEMENT
FILED THIS DAY OF " . I(204
AT M. IN 400K OF MAPS, AT
PAGES lot - TO T THE REQUEST OF THE
CITY CLERK OF THE CITY OF BEAUMONT.
NO.10!4-0417(i
FEE It,
LARRY W. WARD
ASSESSOR - COUNTY CLERK - RECORDER
BY: DEPUTY
SUBDIVISION GUARANT. FIDELITY NATIONAL TITLE COMPANY
TAX COLLECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OfTICE, AS OF THIS DATE, THERE ARE NO
LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL
TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES,
DATED:
)11fibiXe 2 , 20_45-
BY:
SURVEYOR'S STATEMENT
DON KENT, COUNTY�TAX COLLECTOR
) A4444.2
, DEPUTY
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED ON A f7ELD SURVEY IN
CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LV HEARTLAND, LLC ON FEBRUARY, 2014. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE
CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN ACCORDANCE WITH THE
TERMS OF THE MONUMENT AGREEMENT FOR THE MAP AND THAT THE MONUMENTS ARE, OR WILL BE,
SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN.
DATED.AA&_JL, 20JT
RAY E. MAN R, P.L.S. 7185
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP, THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE AMENDED TENTATIVE MAP OF TRACT NO. 27971, BY THE BEAUMONT CITY COUNCIL ON AUGUST 2, 2005, AND ANY APPROVED ALTERATION THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND OF TITLE 16 OF THE BEAUMONT MUNICIPAL CODE APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPILED WITH; THAT / AM SATISF7ED THAT THE MAP IS TECHNICALLY CORRECT; THAT THE PLANS FOR THE DRAINS, DRAINAGE WORKS, AND SEWERS SUFFICIENT TO PROTECT ALL LOTS IN THE SUBDIVISION FROM FLOODS HAVE BEEN APPROVED; THAT A
COMPLETE SET OF PLANS FOR THE CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS HAS BEEN FILED WITH THE COMMUNITY DEVELOPMENT DEPARTMENT AND THAT THE SAME HAVE BEEN CHECKED AND APPROVED; AND THAT ALL IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED PLANS OR 7 4T THE
SUBDIVIDER HAS ENTERED INTO AGREEMENT WITH THE CITY OF BEAUMONT COVERING COMPLETION OF ALL
IMPROVEMENTS AND SPECIFYING THE TIME FOR COMPLETING THE SAME AS MAY BE REQUIRED BY CONDITIONS OF APPROVAL DATED AUGUST 2, 2005.
FOR: DEEPAK MOORJANI, R. C.E. 51047,
CITY ENGINEER, CITY OF BEAUMONT
DATED.'_ y �-� 2014 BY:
DENNIS W. JANDA, P .S. 6359
EXPIRES 12/31/20
BEAUMONT CITY COUNCIL CERTIFICATE
I HEREBY CERTIFY THAT T IS� MAP 'AS APPRO/ED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT ON 1101- - DAY OF 201( AND THAT THE OFFERS) OF DEDICATIONS) DEPIC/EV HEREON WERE NOT ACCEPTED. THE CITY COUNCIL MAY, HOWEVER, BY RESOLUTION AT ANY LATER DATE, AND WITHOUT
FURTHER ACTION BY THE SUBDIVIDER, RESCIND ITS ACTION AND ACCEPT THE FOLLOWING DEDICATION(S) AND
IMPROVEMENTS FOR PUBLIC USE, WHICH ACCEPTANCE SHALL BE RECORDED IN THE RIVERSIDE COUNTY RECORDER.
FOR STREET AND PUBLIC UTILITY PURPOSES LOT A' (HEARTLAND PARKWAY SOUTH), LOT B' (VICTORIA PLACE),
LOT C' (GOLDEN GATE WAY), LOT D' (POWELL PLACE), LOT E' ( TORIA PLACE), LOT F' (CONCORD PLACE), AND LOT 'G' (CLEVELAND PLACE).
DATED: 1j' 1 • , 20
CITY CLERK, CI, OF BEA
N4f14)
RIVERSIDE CO , CALIF Jj IA
zo0_ oziQ7ss/
0K/ Gl0AL
j
SURVEYOR'S NOTES
1. TRACT NO. 27971-2 CONTAINS 14.27 ACRES, GROSS.
2. TRACT NO. 27971-2 CONTAINS 59 NUMBERED LOTS AND LE 1 Lt KED LOTS "A" THROUGH '0' (S7Rtt is).
3. BUILDING SETBACKS SHALL CONFORM TO EXISTING ZONING REGULATIONS.
4. DRAINAGE EASEMENTS SHA4L.L BE KEPT FREE OF BUILDINGS AND OBSTRUCTIONS 0 INDICATES SET 1" I.P. W/PL!ASTIC PLUG, 2S 7185", FLUSH. • INDICATES f0 1" /P W/PLASTIC PLUG STAMPED LS 7185, PER PM 34880, PAO 237 / 67-76, FLUSH, UNLESS NOTED OTHERWISE.
() INDICATES RECORD AND MEASURED DATA PER PM 34880, PMB 237 / 67-76 SET 1' I.P. W/PLUG, 2S 7185 (RN. CO. S7D. "4" MOON.) OR LEAD AND TAG, 2S 7185", IN CONCRETE, (RA/. CO. STD. 2'" AKIN.) AT ALL REAR LOT CORNERS AND CORNER CUTBACKS, FLUSH, UNLESS OTHERWISE NOTED.
SET LEAF) AND TAa 2S 7185', IN TOP OF CURB (RN. CO. STD. i" MON.) N1 LIEU OF FRONT LOT CORNERS ON S/DE LOT LINES PROJECTED AND FOR E.. C. S AND B.C. S PROJECTED PERPENDICULAR OR RADIAL FROM PROPERTY LAVE, UNLESS OTHERWISE NOTED.
ALL MONUMENTS ARE SET ACCORDING TO RIVERSIDE COUNTY ORDINANCE NO. 461.9
POE - INDICATES PUBLIC UTILITY EASEMENT
N
N
N74'17'391, (R)
GRAPHIC SCALE
( IN ?En i )
1 inch - 100 ft.
/
"RABBIT"
N 228436250
E 6323791.93
/
1t
1 595
/
/
-40
(54.21)
(N8970.031-)
/
/
IN THE CITY OF BEAUMONT,, COUNTY OF RIVERS/DE, STATE OF CALIFORNIA TRACT NO. 27977 -2
BEING A SUBDIKS/ON OF PARCEL 2 AND LOT 'V' OF PARCEL MAP NO. 34880, RECORDED IN BOOK 23Z PAGES 67 THROUGH 76, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARD/NO MERIDIAN.
FEBRUARY, 2014 STANTEC CONSULTING INC.
ton 85'e
N774579'- (R) / (R=48.001
V (� a 1OJ71� i ��`�4
/
/
/
(fly e )
,krp
BOUNDARY AND INDEX SHEET
•$-
, 'spa,`
°`gyp /
62 N81'24'451- 1480.95 (77E)
-o
3 CP
_"'
3 1 1,i /
g0.1i/
/
:::(:"12°731%.4;":1-1.7'ss:°15:4t)
OF /
05/ /
/
(t-0Jv3'
w
Nesk
AK VALLEY PARKWAY
ALESSANDRO BLVD.
RAMONA EXWY,
"REST"
N 2292862.27
E 6328245.05
EASEMENT NOTE
l0
VICINTY MAP
SHEET 2 OF 5 SHLL IS
q
—J
i
N
THE EXACT LOCATIONS OF FOLLOWING EASEMENTS ARE NOT DISCLOSED FROM RECORDS:
AN EASEMENT N FAVOR OF SVUTHEPN PACIFIC PIPELINES FOR FW'EUN S AS RECORDED JUNE 16, 1955 AS INSTRUMENT NO 39399 OF OFFICIAL RECORDS OF RIVERSIDE COUANTY.
BASIS OF BEARINGS'
THE BASIS OF BE4R/NGS FOR THIS S NVEY IS THE CALIFORNIA STATE PLANE COORDN47E SYSTEM, CCSB3, ZONE 6, BASED LOCALLY ON CONTROL STATIONS 7"IBP9/T' AM) TEST', NOD 83(2002) AS SHOWN HEREON H4V1NG A GRID BEARING OF N 2739'52' E ALL BEARINGS SW$W OW THIS ATOP ARE (,M. QUOTED 6EAR7NGS AND DISTANCES FROM RIEFERE7V£ A14PS OR DEEDS ARE AS SHOWN PER THAT RECORD REFERENCE. ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS SPEC/PIED OTHET4t7SE. GRID DISTANCES MAY BE OBTAINED BY MULTIPLYING THE GROUND DISTANCE BY A C10M INAT10N FACTOR OF 0.999904925. CALCULATIONS ARE ASIDE AT STATION R48B/T NIIH COORDINATES N 228436750 E 6323791.93 USING AN ELEVATION OF 2366.92 ILL/. 1) C NTTIOL STATION 'R46SI' '
NA170NAL GEODETIC SURVEY, CAUFORNM4 DIVISION OF HIGHWAYS DISK SET N TOP OF CONCRETE STAAAAED 7Z4B87T". HORIZONTAL ORDER = SECOND. HORIZONTAL T47UM H5 AND 83 N 2284367.50 E 6323791.93
2) CONTROL STATION T'
N4 PONAL GEODE 7C SURVEY, CALIF RNVO DIVISION OF HIGHWAYS DISK SET II TOT' OF CONCRETE A ONIIM<NT STAMPED '/EST 1972'. HORIZONTAL ORDER = SECOND, VERPCAL ORDER = Fm ,, CLASS A HORIZONTAL DATUM lS AND 83.
N 2292862.27 E 6328245.05
SEE SHEET 2 FOR SURVEYORS AND EASEMENT NOTES IN THE CITY OF BEAUMONT,, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 27977 -2
SHEET ,i OF 5 SHEETS
II
BEING A SUBDIVISION OF PARCEL 2 AND LOT 'V' OF PARCEL MAP NO. 34880, RECORDED IN BOOK 237, PAGES 67 THROUGH 76, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITH/N SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.
FEBRUARY, 2014 STANTEC CONSULTING INC.
LINE TABLE
LINE
BEARING
LENGTH
L 1
N48'15'10"W
102.17'
L2
N48'15'10V
87.57'
L3
N48'15'10'W
84.58'
L4
N3123581Y
84.58'
o- \
.41
(N4425 561/')
N4425'561' 105.92'
N4425'561Y 112.59'
N4425156 V 119.26'
N4425'6V 125.93'
(125.64)
2 oo'
2800'
59 OPEN SPACE
0.07 AC. S
•
w
2800'
g:�
�R
N
4 /
(L= 10524)
(d=125 J7'07, k�/
(R=48. x) ,4 /
?/
N44'25 '56V 11858'
N44.25'561Y 123.06
N 42556w 127.53'
N44 25'561' 123.19'
14 (N44 25561' 95.68)
GRAPHIC SCALE
PARCEL 14
PARCEL MAP NO. 34880
PA/f8 237 / 67-76
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
02'59'42'
866.X'
45.27'
C2
0742'41'
866.00'
40.518'
PARCEL 8
PARCEL 41IAP NO. 34880
PA/18 237 / 67--76
(e=6rio;7
L=29458'
(L=754.82)
d=04•04'o7' I
L=49.00' %.\
L1
to
i4i
Cl
57 1 _
C2
gl
HI
4=2173722'
29 28
0 20 40 e0
111.0 .111=1
(DID')
1 inch = 40 ft.
27 O
z
rn
O
z
W
W
W
W
26 U)
zo - ohs Ts 4/
OKI 414A191 -
SEE SHEET 2 FOR SURVE'YOR'S AND EASEMENT NOTES
/
/
/ 21
M
5-
O
Z
22 Lai
W
0 23 /l
/
W
V) /
/
AA 422'
d2i &3
57 /
IN THE CITY OF BEAUMONT,, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 27977 -2
BEING A SUBDMS/ON OF PARCEL 2 AND LOT 'V' OF PARCEL MAP NO. 34880, RECORDED IN BOOK 23Z PAGES 67 THROUGH 76, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.
I
56 \ 617
,1p
41/ .a'o?wl-
4=05 :4.11.
GRAPHIC SCALE
( IN ?Mr )
1 inch = 40 ft.
so
-J
(N64'45571V 134.44)
FEBRUARY, 2014
/S E E
55 LOT
'C
[�49Se,
L
4=6C21'52'
L$4ID y�y-
N2T56'45� (RJ $ I 4=0442 F2'
L=f73o4 �I
02606T
06T (R)
STANTEC CONSULTING INC.
SHEET
54 N
53 0. j 5
1 \
I I
I I
52 1
I
I I --- --
x.00 -�
I I _ — — Np33t1.
_i- —
51 GOLDEN GATE WAY L==972.d30.259.47' — L�40.942' _
1:/AY
—� 81 a-02'42 �,
.r€ L=40.99'--i
4=02'42'40" gl
I N22 3123"E (R)
R=894.00'
2800_2800'
g w ct
N S
4=212'3722' \
Pik
10�
A=06'4150'
P,q,QCEL 414,0 NO AzIRCEL 14
J4880, f'tiIB 237 6> 76
LINE TABLE
LINE
BEARING
LENGTH
Li
N81155'5811/
84.58'
L2
N64'45 561Y
84.58'
A=1144'40"
L:183.25'
L=78.75' "iCti,,.
=05'0250 (f
x2'
38 \\
Z` 11J
N70'29 201V 104.78' ` a .
(N70'29 20"v 106.45)
N79.27'28'1 (R)
i
\ 49
50 oa
(�+69
(4, 69.2 Rl
43'24
005,-
005
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
014934'
894.00'
28.49'
71. Lf71.
R=-1334.‘'-
1 • IS
N7029'2010' 116.07'
\ A�S745w
(R1
4,
SHEET 4 OF 5 SHtt /5
Of
•
2.014'- a'gase/
0 gl NO. -
SEE SHEET 2 FOP SURVEYOR'S AMD EASEdENT MOTES
44,
/1
v
/
1')
442
•
/
IN THE CITY OF BE4UMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 27977 -2
BEING A SUBDMS/ON OF PARCEL 2 AND LOT 'V' OF PARCEL MAP NO. 34880, RECORDED IN BOOK 237, PAGES 67 THROUGH 76, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.
FEBRUARY, 2014 STANTEC CONSULTING INC.
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131.
4sp.1.sZ .
/g
/41
29 >so�,
46.4p0/
(11"
110,-
/
1/
II
11 I
56 30
44,
PARCEL 8
PARCEL MAP NO. 34880, PA/18 237 / 67-76
(4=62'40'4j'
iy iNO PA
RKWAY SOUTH
58 a 76'14,.
ti L "54.56'
55 1.6246 ,
4=043042-
1=61.90'
54 0.754.82')
4=38.13'04"
4=-34'59:J5-
4=043042` L=7085'
•
N2177057" (R) lc6Gn'
s $\
003.31.460-P-5'1
OT3146 X0' 1\
LOT A ' Ls429.13'
4=34'0837"
OPEN SPACE
4=043836'
L=59.32'
53 4=04.31936' 1=67.91
.00g ) 3„6 9*.91N
L I
SEE
O
d=1710'02'
d=64'2152'
0.14 AC.
, =0'55'22
L62.89
52 A=04'5522" L=7200
4=35'1322"
r€ GOLDEN GATE WAY
37 LOT 'C'
SHEET
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
02'59'42.
866.00'
45.27'
e=04'382x"
L-59.
51 (e
L=447. 42,x.
A L=47.43 �0
N
v
D
' L=6191 '
A0041816'
0459 7
L=972.83'
N
•
50 (R.i5i0• 0
..tea" l
1480. poi
12.x'
00'
R� 1'1.015.55 14,
e_o303 58
29'17 L-
e -07
e003.4Z 45. =54.30
-515.15
V
.04.32'0"
137.
1 1 In
38 1 z
1 0
N O. 4 I I
0 CS
49 `qr / r
e -a 58.59 58,
" x-72•
e OY0 X2.00'
, L071•39
-03p3'58 e_04'11
R1 00
\_NO.rx'46' M
48 mI-- -73
0 SHEET 5 OF 5 SHOE 15
\iv
GRAPHIC SCALE
20 so
( IN FEE'i )
1 inch = 40 ft.
•
2018-0021734
Recording Requested by
and
When Recorded Mail to:
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
Attn: Carolina Fernandez
01/18/2018 03:59 PM Fee: $ 92.00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
1111 FliniktriNitigial1111
10 CERTIFICATE OF CORRECTION
I, Ray E. Mansur, certify; that I am a Licensed Land Surveyor of the State of California; that a survey was prepared under my supervision and direction as Tract No. 27971-2; that said Tract Map was filed on December 22, 2014 in Book 443 of Maps, at Pages 100 through 104, inclusive, in the office of the Recorder of Riverside County, California.
That the following data shown on said Tract Map is incorrect as follows:
1 the street name shown as "Heartland Parkway South";
2 the street name shown as "Golden Gate Way";
3 the street name shown as "Powell Place";
4 the street name shown as "Victoria Place";
5 the street name shown as "Concord Place";
6 the street name shown as "Cleveland Place".
And is corrected as follows:
1 "Heartland Parkway South" will be changed to "Olivewood Way"; 2 "Golden Gate Way" will be changed to "Sevilla Way";
3 "Powell Place" will be changed to "Enzo Court";
4 "Victoria Place" will be changed to "Montemerano Court"; 5 "Concord Place" will be changed to "Sonoma Court";
6 "Cleveland Place" will be changed to "Amedeo Place".
The present Fee Title owner/Ownership of the property is not affected by the corrections.
Date: December 1, 2017
/
Ray E. Ma sur, PLS 718
The present Fee Title owner/Ownership of the property is RSI Communities -California LLC, a Delaware limited liability company.
CITY SURVEYOR'S CERTIFICATE
This Certificate of Correction has been examined by the undersigned and discloses that the changes are authorized by and comply with Government Code Section 66469 of the Subdivision Map Act.
Date:
galas'
dZ '6 1
S. ?-0 ' 4 ' 1 ^1
Jay S. Fahrion, L.S. 8207
City Surveyor, City of Beaumont
.2017
13 12
14 I 15
MONUMENT NOTES
• FD LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB PER (1), UNLESS
OTHERWISE NOTED.
O SET LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB.
FD 1" I.P., W/BRASS TAG, L.S. 8446,
1•••=i FLUSH, PER (1)
I I
I 10 I
I I
I I
9 ENZO COURT
(FORMERLY PO 49 65'
WELL PLACE)
1.g8
•3S,
8 / 7
16 I
17 REFERENCES
(1) CERTIFICATE OF CORRECTION
RECORDED 09/10/2024 AS DOCUMENT #
2024-0272646 OF OFFICIAL RECORDS.
Cannon
16842 VON KARMAN AVENUE SUITE 150
IRVINE, CALIFORNIA 92606 (949) 753-8111
Civil Engineering • Planning • Surveying
DATE: 7/19/24
DRAWN BY: NR
SHEET 1 OF 4
CENTERLINE TIES
ENZO COURT
TR. 27971-2, MB 443/100-104
GRAPHIC SCALE
60 0 30 60
•r 1
( IN FEET )
1 inch = 60 ft.
TIES CORNER OF RECORDS -XHTS\17005 CL TIES YH -DHL
24 25 I
21 22
Jo
-A614:-----rEMERANO URA
(FORMERLY VICTORIA PLACE)
• FD LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB PER (1), UNLESS
OTHERWISE NOTED.
O SET LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB.
FD 1" I.P., W/BRASS TAG, L.S. 8446,
1Qi FLUSH, PER (1)
II
2.9 28
REFERENCES
MONUMENT NOTES
(1) CERTIFICATE OF CORRECTION
RECORDED 09/10/2024 AS DOCUMENT #
2024-0272646 OF OFFICIAL RECORDS.
16842 VON KARMAN AVENUE SUITE 150
IRVINE, CALIFORNIA 92606 (949) 753-8111
Civil Engineering • Planning • Surveying
DATE: 7/19/24
DRAWN BY: NR
SHEET 2 OF 4
CENTERLINE TIES
MONTEMERANO COURT
TR. 27971-2, MB 443/100-104
57 F.. bti• \ 4 •J6 •
O
ll�
X58
GRAPHIC SCALE
60 0 30 60
( IN FEET )
1 inch = 60 ft.
\CL TIES CORNER OF RECORDS —XHTS\17005 CL TIES XHT—PHASE-2.dwg E:AJOB\201-7\17005\X
SONOMA COURT
(FORMERLY CONCORD PLACE)
MONUMENT NOTES
• FD LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB PER (1), UNLESS
OTHERWISE NOTED.
0 SET LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB.
FD 1" I.P., W/BRASS TAG, L.S. 8446,
1Qi FLUSH, PER (1)
REFERENCES
(1) CERTIFICATE OF CORRECTION
RECORDED 09/10/2024 AS DOCUMENT #
2024-02 72 64 6 OF OFFICIAL RECORDS.
54 GRAPHIC SCALE
Cannon
16842 VON KARMAN AVENUE SUITE 150
IRVINE, CALIFORNIA 92606 (949) 753-8111
Civil Engineering • Planning • Surveying
DATE: 7/19/24
DRAWN BY: NR
SHEET 3 OF 4
CENTERLINE TIES
SONOMA COURT
TR. 27971-2, MB 443/100-104
60 0 30 60
( IN FEET )
1 inch = 60 ft.
\CL TIES CORNER OF RECORDS —XHTS\17005 CL TIES XHT—PHASE-2.dwg F: AJOB\201-7\17005\XSH
i I I
I I I
38 II
II
40 AMADE� CE
63 (FORMERLY CLEVELAND PLACE)
Op
44 MONUMENT NOTES
II 45
• FD LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB PER (1), UNLESS
OTHERWISE NOTED.
O SET LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB.
FD 1" I. P., W/BRASS TAG, L.S. 8446,
FLUSH, PER (1)
3.36, �I
46 REFERENCES
47 \
pv LAND
45. 48
J BRALEY h,
LS 8446
\�l9rF OF MO�\
(1) CERTIFICATE OF CORRECTION
RECORDED 09/10/2024 AS DOCUMENT #
2024-0272646 OF OFFICIAL RECORDS.
52. 2.
Cannon
16842 VON KARMAN AVENUE SUITE 150
IRVINE, CALIFORNIA 92606 (949) 753-8111
Civil Engineering • Planning • Surveying
DATE: 7/19/24
DRAWN BY: NR
SHEET 4 OF 4
CENTERLINE TIES
CLEVELAND PLACE & SEVILLA WAY
TR. 27971-2, MB 443/100-104
60 GRAPHIC SCALE
O 30 60
( IN FEET )
1 inch = 60 ft.
=xh sis\CL TIES CORNER OF RECORDS —XF
Cannon
iiil
City of Beaumont
Public Works
550 E. 6th Street
Beaumont, CA 92223
In accordance with Section 66497 of the Subdivision Map Act of the State of California I hereby give notice that the final monuments for Tract Map No. 27971-2 and its corresponding tie sheets have been set and are available for inspection.
I also certify that I have been paid for my work. The deposit to guarantee the placement of all survey monuments can be released to the depositor.
Sincerely,
J Braley L.S. 8446
16842 Von Karman Avenue, Suite 150, Irvine, CA 92606
T 949.753.8111
CannonCorp.us
17005.01
1
BEAUMONT
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.ci.beaumont.ca.us
Case No. PW2024-0013
Receipt No. R01562195
Fee $ 3,915.00
Date Paid 4/23/2024
BOND EXONERATION APPLICATION
Bond Type: ❑Performance ['Maintenance Monument Inspection [Other:
1. Contact's Name Chris Carlaccini
Phone 657-292-5781
2. Contact's Address 6440 Oak Canyon Suite 200
Irvine CA 92618
City/State/Zip
5. Contact's E-mail [email protected]
3. Developer Name Talyor Morrison Phone
(If corporation or partnership application must include names of principal officers or partners)
4. Developer Address 6440 Oak Canyon Suite 200 Irvine CA 92618 City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
TR 27971-3 Final Monument RAIAasA of Mint Bnnd 1155910
6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
Chris Carlaccini
2/21/2024
Print Name and Sign — Contact/Applicant Date
7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City.
Chris Carlaccini
2/21/2024
Print Name and Sign — Contact/Applicant Date
8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
• Remove and replace concrete and AC as needed where lifting. • Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slurry coat for all road surfaces.
• Restore/Verify pavement striping/markings.
• Restore/Verify blue dots and signage as needed.
• Clean and camera sewer. Provide report and video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade within Right -of -Way. • Provide Landscape Architects Certification as required.
Chris Carlaccini
2/21/2024
Print Name and Sign — Contact/Applicant Date
Rev. 02/25/2015
Basic Gov (Sales Force) #
File #
0-1 to
AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS
FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN
(Tract Map/Parcel Map/Plot Plan No. 27971-3)
THIS SECURITY AGREEMENT is made by and between CITY OF BEAUMONT ("CITY") and RSI Communities -California LLC, a Delaware limited liability company ("DEVELOPER").
RECITALS
A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Tract Map/Parcel Map/Plot Plan # 27971-3, ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights - of -way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights -of -way and easements depicted thereon, that such rights -of -way be improved with (for example) grading,,paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and
C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows:
1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement.
2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements.
3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY -approved plans and specifications. •
4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY a performance bond issued by a corporate surety in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure.
5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide a payment bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets.
The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure.
6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds.
Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment -related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M.
Best rating of "A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified 2
herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER.
7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California -admitted surety company with an A.M. Best rating of no less than "A, XV" for $2,000,000 per occurrence.
Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured.
8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY.
9. Procedure for Release of Performance Bond Security., The security furnished by the DEVELOPER shall be released in whole or in part in the following manner:
a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the City's acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans 3
and specifications for the Improvements, it shall supply a list of all remaining work to be completed.
c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY.
d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion.
10. Procedure for Release of Payment Bond Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment may, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced by Surety to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security may be released in full.
11. Security for One -Year Warranty Period. The release procedures described in paragraphs 9 and 10 above shall not apply to any required guarantee and warranty period nor to the amount of the performance bond security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.
12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns.
13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto.
14. No Assignment. The DEVELOPER may not assign this Security Agreement, or any part thereof, to another without the prior written consent of the CITY.
15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 4
16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates listed below.
CITY OF BEAUMONT
By
Mayor
Date
DEVELOPER
By RSI Communities-Californiaj LLC
1c7/2.6J l€
Date r
Titl- ice Pr iden Forward Planning
Address:
680 Newport Center Drive, 3F
Newport Beach, CA 92660
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
.1,..-v..a..:lh..sxy_,.a.^^..i.�. °,ar: �. sue• 'i.�.�: �.'-r2`r..; fe'v.±E�.$�.�:aYuZi ?: �" 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 Californ
County of tkitiread-C
On
personally appeared
before me,
Date �rmn�� Vw�
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g)1GP— rewLet-L arcr4j
Here Insert Name and Title of the Officer
Nam of Sign;
who proved to me on the basis of satisfactory evidence to be the erson(pj�whose nam(is/ar- subscribed to the within instrument and acknowledged o me that he/syith execu' ed the same in his/ r/t+leir authorized capacity(ies), and that byhis/ r/th r signature he instrument the perso , or the entity upon behalf of which the person acted, executed the instrument. .y.:.:?-=',"o., JESSICA R. FALDETTA
�;� : Notary Public — California
,c Riverside County
�'7s ';� Commission # 2215766
My Comm. Expires Sep 24, 2021
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
e of Notary Public
P/ace Notary Sea/ and/or Stamp Above g atu
OPTIONAL — 1
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Docume `
Title or Type of Document: Pr 0 l rw i w I�iG� OtialiiMirtA-- !D11�[iu
L
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Sign_ is Name:
❑ Cor..rate Officer — Title(s):
❑ Partn- — 0 Limited 0 General
❑ Individua 0 Attorney in Fact
❑ Trustee 0 Guardian of Conservator
❑ Other:
Signer is Representin
©2017 National Notary Association
❑ Individu
❑ Trustee
❑ Other:
Signer is Representing:
Number of Pages:
S1 ner's Name:
❑ Cd:pporate Officer — Title(s):
❑ Part ri — 0 Limited 0 General
❑ Attorney in Fact
❑ Guardian of Conservator
Basic Gov (Sates Force) # p2 (31
File #
Bond #1155910
Premium: $477.00/2 yrs.
EXHIBIT "A"
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities - California LLC, a Delaware limited liability company (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map, #27971-3 dated , 20 , whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, No.27971-3, which is hereby incorporated hereinand made a part hereof; and Final Monumentation.
WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Lexon Insurance Company, as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Thirty -Three Thousand One Hundred Twenty & NO/100ths ($33,120.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The 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 the specifications accompanying the same shall in any way 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 or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 1st , 20 18 .
PRINCIPAL:
RSI Communities - California LLC,
a Delaware limited liability company
By.
Title Darius Fatakia
Vice President Land Development
SURETY:
Lexon Insurance Company_
By
Title Beata A. Sensi, Attorney -in -Fact
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange
}
On March 1, 2018 before me, Susan E. Morales, Notary Public 'Here insert name Eno ndeorlteofficer)
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) islere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacityftes), and that by his/her/their signature(e) 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.
ter, tQ - cn
Notary Public Signature
e
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM (Notary Public Seal)
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attomey-in-Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgentsfrorn other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and thenyour title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helshe/ttaey;- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
44 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. fi Indicate tide or type of attached document, number of pages and date. t Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
F,,X1 IBIT "B"
Bond #1155910
Premium included with
the Performance Bond
FAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities - California LLC, a Delaware limited liability company (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map #27971-3 , dated , 20 , whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, No. 27971-3, which is hereby incorporated herein and made a part hereof; and Final Monumentation.
WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Section 8000, et seq., of the Civil Code of the State of California.
NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Section 8000, et seq., of the Civil Code in the sum of Thirty -Three Thousand One Hundred Twenty & NO/100ths ($33,120.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the 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.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 8000, et seq., of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and d Surety above named, on March 1st , 20 18 .
PRINCIPAL:
RSI Communities - California LLC.
a Delaware limited liability company
By By
SURETY:
American Contractors Indemnity Company
Title Darius Fatakia Title Beata A. Sensi, Attorney -in -Fact Vice President Land Development
•
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange
}
On March 1, 2018 before me, Susan E. Morales, Notary Public (Here Insert name and lea of the officer}
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the personfej whose name(s-) islere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/heir authorized capacityftes), 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.
j[j 440_0,n 7)--)
otary Public Signature
(Notary Public Seal)
SUSAN E. MORALE
COMM. # 2101708
NOTARY Pttt3UC - CAUPQRN,A5
_. _..� COUNTY
120
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
O Attorney -in -Fact
❑ Trustee(s)
o Other
2015 Version www.NotaryClasses.com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknohvedgents from other states may be completed for documents being sent to that' state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
- Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. + Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
POWER OF ATTORNEY
Lx- 314376
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with Its principal office in Louisville, Kentucky, does hereby constitute and appoint: Todd M. Rohm, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Shane Wolf its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1St day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attomey-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attomey granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 5th day of August, 2015.
LEXON INSURANCE COMPANY
BY
David E. Campbell
President
ACKNOWLEDGEMENT
On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
AMY TAYLOR
Notary Public- State of Tennessee
Davidson County
My Commission Exolres 07-08-19
BY
Amy
Nota
ylor
Public
CERTIFICATE
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force.
Signed and Seal at Mount Juliet, Tennessee this
Day of ,20 MAR.- 1 2010
BY
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application forinsurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
Basic Gov (Sales Force) #
File #
Bond #1155910
Premium: $477.00/2 yrs.
EXHIBIT "A"
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities - California LLC, a Delaware limited liability company (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map, #27971-3 dated , 20 , whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, No.27971=3, which is hereby incorporated herein and made a part hereof; and Final Monumentation.
WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Lexon Insurance Company, as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Thirty -Three Thousand One Hundred Twenty & NO/100ths ($33,120.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The 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 the specifications accompanying the same shall in any way 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 or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March I st , 20 18
PRINCIPAL:
SURETY:
RSI Communities - California LLC, Lexon Insurance Company a Delaware limited liability company
By
Title
Darius Fatakia
Vice President Land Development
By
Title Beata A. Sensi, Attorney -in -Fact
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On March 1, 2018
before me, Susan E. Morales, Notary Public
(Hare mead names tie of ihe&Acerl
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the persons) whose namefs) is/ere subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in his/her/tear authorized capacity ies), and that by firs/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.
Q ti.0avr) 'C_-. MO
Notary Public Signature
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(The or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
El Attomey-in-Fact
❑ Trustee(s)
• Other
2015 Version www.NotaryClasses.com 800-873-9865
♦
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other stales may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and thenyour title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
B Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.
4. Indicate title or type of attached document, number of pages and date. ♦ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
FXHTBIT "B"
Bond #1155910
Premium included with
the Performance Bond
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities - California LLC, a Delaware limited liability company (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map #27971-3 , dated _. _ : 20 , whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, No. 27971-3, which is hereby incorporated herein and made a part hereof; and Final Monumentation.
WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Section 8000, et seq., of the Civil Code of the State of California.
NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Section 8000, et seq., of the Civil Code in the sum of Thirty -Three Thousand One Hundred Twenty & NO/100ths ($33,120.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the 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.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 8000, et seq., of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 1st 20 18 .
PRINCIPAL:
SURETY:
RSI Communities - California LLC, American Contractors Indemnity Company a Delaware limited liability company
By
Title
By
Darius Fatakia Title Beata A. Sensi. Attorney -in -Fact Vice President Land Development
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange
}
On March 1, 2018 before me, Susan E. Morales, Nota+r Public Riminsert name d6e d t ofriceri
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the person(s) whose names-) isfare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in tiss/her/##teir authorized capacity(ies), and that by his/herfti9eir 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.
. CC.0 CJr► I I
otary Public Signature
SUSAN E. MORALES
COMM. *2104798
Nomme mom - CAuFQli www.NotaryClasses.com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This fonn complies with current Califonria statutes regarding notary wording and, if needed, should be completed and attached to the document. Adrnolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/ they— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
d• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4 Indicate title or type of attached document, number of pages and date. z Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
POWER OF ATTORNEY
LX -
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office In Louisville, Kentucky, does hereby constitute and appoint: Todd M. Rohm, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Shane Wolf its true and lawful Attomey(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attomey-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the ,Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the. Company may be affixed by facsimile on any power of attomey granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 5th day of August, 2015.
LEXON INSURANCE COMPANY
BY
David E. Campbell
President
ACKNOWLEDGEMENT
On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
E LOUSE=
rtc
AMY TAYLOR
Notary Public- State of Tennessee
Davidson County
My Commission Expires 07-08-19
CERTIFICATE
BY
Amy
Nota
ylor
Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attomey of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force.
Signed and Seal at Mount Juliet, Tennessee this
Day of , 20
BY
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
i
TRACT NO. 27977 -3 �
2.011 -04C n 36
Ott/ 4/4/It,
NUMBER OF LOTS: 84
NUMBER OF LL II FRED LOTS : 6
ACREAGE OF LOTS: 14.08 AC.
ACREAGE OF LL II FRED LOTS: 5.38 AC.
TOTAL ACREAGE: 19.46 AC.
OWNERS STATEMENT
WE HEREBY STATE THAT WE ARE THE OIMVERS OF THE LARK) INCLUDED M917WN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS W7YOSE CONSENT IS NECESSARY TO PASS A CLEAR 177LE TO SND LAND, THAT WE CONSENT 70 THE MAKING AND RECORDING OF THIS SUBDIVISION IMP AS SHOWN WW1 THE
DISTINCTIVE BORDER LINE
or HEREBY DEDICATE 70 THE CITY OF BEi4UM W7 FOR STREET AND PUBLIC UTILITY PURPOSES, LOT 'A' (HEARTLAND PARKWAY SOUTH), LOT 'B' (CLIFTON WAY), LOT C' (GOLDEN GATE NMlY), LOT 'D' (STONEWALL PLACE), LOT 'E' (MADISON PLACE), LOT r (AUSTIN PLACE).
WE HEREBY RETAIN LOTS 83 AND 1P4, FOR COMMON OPEN SPACE AND LAVIDSC4DE AM/NTEA IVCE, AS SHOWN HEREON, 70 OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT.
LV HEARTLAND LW,
A DELAWARE LIM'TED LIABILITY COMPANY
BY. �I
�i►rw► Shtionou
Ao
TRUSTEE'S STATEMENT
F7DEUTY NATIONAL 1717E INSURANCE COMPANY, AS TRUSTEE UNDER DEED OF TRUST RECORDED J(Y 31, 2006 AS NIS-MU/WENT AV. 2006-557501, OF OFFICIAL RECORDS, AN INSTRUMENT ENTITLED 'SECOND AMENDED AND RESTATED CONSTRUCTION DEED OF TRUST AND FIXTURE FILING' RECORDED OCTOBER 04, 2007 AS INSTRUMENT NO. 2007-0619882, OF OFFICIAL RECORDS.
FIDELITY AA
ART CHEYIVE
SENIOR VICE PRESIDENT
NOTARY ACKNOWLEDGMENT
STATE OF NEW YORK )
) SS
COUNTY OF NEW YORK )
ON _. 11J1N1.i3.4 BEFORE ME, THE UNDERSIGNED, PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE 1H£ PERSONX WHOSE NAME(j7) IS/Mt SUBSCRIBED TO THE WITHIN INSTRUMENT AM) ACKNOWLEDGED TV AE THAT HE/S0E/fileY EXECUTED THE SAME IN HNS/MERj7HA'R AUTHORIZED CAPACITY' ,4W) THAT BY HIS/IER/IMEIR SIGIMTURE(fif ON THE INSTRUMENT THE PERSON( OR THE ENTITY(' UPON BEHALF OF WHICH THE PERSON 1 ACTED, EXECUTED THE INSTRUMENT:
MY COMMISSION EXPIRES JAL' 2.3, ZOlS
tok.LACIa--
NOTARY PUBLIC
PEAM444 EMiND
0001111, OM 10
ilieFilittior, St* a mos0wrA
•- ,0O1 917
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liv n Tovelr � 111y► AIR �+!
IN THE CITY OF BEAUMONT,, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL 3 AND LOT '0' OF PARCEL MAP NO. 34880, RECORDED IN BOOK 4. ],' PAGES lx7 THROUGH 7 INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.
FEBRUARY, 2014
75Q BOND CERT7f1CATE
I HEREBY C
THE BOARD OF SUP
ALL TAXES, STATE COUNTY,
WHICH AT THE TIME OF THE f7LIN
PROPERTY BUT NOT YET PAYABLE AND
SUPERVISORS.
DATED. , 20
CASH OR SURETY TAX BOND
DON KENT
COUNTY TAX COLLECTOR
STANTEC CONSULTING INC.
T A BOND IN THE SUM OF Jr , HAS BEEN EXEC D FILED WITH
OF THE COUNTY OF RIVERS/DE, CALIFORNIA, CONDITION N THE PAYMENT OF
PAL, OR LOCAL, AND ALL SPECIAL ASSESSMEN COLLECTED AS TAXES, THIS MAP W17N THE COUNTY RECORD ARE A LIEN AGAINST SAID BOND HAS BEEN DULY AP • D BY SAID BOARD OF
BY: , DEPUTY
SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436 OF THE SUBDMSION AMP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED:
1. SOUTHERN PACIFIC PIPELINES, A CORPORATION, HOLDER or AN EASEMENT FOR PIPELINES AS RECORDED JUNE 16, 1955 AS INSTRUMENT NO. 39399 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD.
GEOTECHNICAL REPORT NOTE
PRELIMINARY GEOIECHN/C4L INVESTIGATION REPORT FOR TE7VTA17VE TRACT AMP NO. 27971 DATED OCTOBER 6, 2006 AS PROJECT NO. 700136 WS PREPARED BY P4CIFTC SOILS ENGINEERING, INC. AS REQUIRED BY SECTIONS 17853 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND /S REQUIRED BY SECTION 66434.5 OF 77/E CALIFORNIA GOVERNMENT CODE. A COPY OF SAID REPORT IS ON nu- FOR PUBLIC INSPECTION IN THE CITY ENGINEERS OF77CE.
NOTARY ACKNOWLEDGMENT
STATE OFC,E44-LEA )
COUNTY OF6,* )
ON )4 i0� BEFORE
PERSONALL APPEARED __ P
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(,8) s/4 ' SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/$Nr/TieY EXECUTED THE SAME IN HIS// 'R/7jle1R AUTHORIZED CAPAC/TY0SS, AND THAT BY HIS/ 7/7R SIGNATURE -all ON THE
INSTRUMENT THE PERSON( OR THE ENTITY UPON BEHALF OF WHICH THE PERSONCIJ ACTED, EXECUTED THE
INSTRUMENT
t�r� �efi G
I CERTIFY UNDER PENALTY OF PERJURY, UNDER THE LAWS OF THE STATE OF CALIFORNIA, THAT THE FOREGOING PARAGRAPH IS THE TRUE AND CORRECT.
$77IVESS MY HAND:
SI NATURE
. Lsorpoi_tl.,a
(PR/NT NAME)
MY COMMISSION EXPIRES
MY PRINCIPAL PLACE OF BUS/N S /S 4� AID_ COUNTY.
TAX COLLECTOR'S CERT/f1CATE
SHEET 1 OF 5 SHEETS
RECORDER'S STATEMENT
FILED IS 114Y OF
AT • M. IN 800K
PAGES - , AT THE
CITY CLERK OF THE CITY OF
No. o ! i-D lig 34
FEE A'too
LARRY W WARD
ASSESSOR - COUNTY CLERK - trORDER
BY.• L4 AskAaigk I EPUTY
SUBDIVISION GUARANTEE: DELITY NATIONAL TITLE COMPANY
204
OF MAPS, AT
EQULS-I OF THE
BEAUMONT.
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS COTE, THERE ARE NO
LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN AMP FOR UNPAID STATE COUNTY,, MUNICIPAL, OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, fJl f` -ARE- 4TE -W-1
DATED: _(2.1:0 2'1 , 20_1_41.
SURVEYOR'S STATEMENT
DON KENT, �COUNTY TAX COLLECTOR
BY:7Y M4119 , DEPUTY
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION MID /S BASED ON A FILZD SURVEY IN
CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION AMP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LV HEARTLAND, LLC ON FEBRUARY, 2014. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POS/7TONS INDICATED, OR THAT THEY MILL BE SET IN ACCORDANCE WITH THE
TERMS OF THE MONUMENT AGREEMENT FOR THE MAP AND THAT THE MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS H7NAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE AMP. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN.
DATED. N& t L. , 20
RAY E. MA . UR, P.L.S. 7185
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE W1TH/N AMP, THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE AMENDED TENTATIVE AMP OF TRACT NO. 27971, BY THE BEAUMONT CITY COUNCIL ON AUGUST 2, 2005, AND ANY APPROVED ALTERATION THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND OF TITLE 16 OF THE BEAUMONT MUNICIPAL CODE APPUCABL£ AT THE TIME OF THE APPROVAL OF THE TENTA7/Vt MAP HAVE BEEN COMPILED WITH; THAT I MV SATISFIED THAT THE MAP IS TECHNICALLY CORRECT; THAT THE PLANS FOR THE DRAINS, DRAINAGE WORKS, A/NO SIRS SUF77CIENT TO PROTECT ALL LOTS IN THE SUBDMSION FROM FLOODS HAVE BEEN APPROVED; THAT A
COMPLETE SET OF PLANS FOR THE CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS HAS BEEN FILED WITH THE COMMUNITY DEVELOPMENT DEPARTMENT AND THAT THE SAME HAVE BEEN CHECKED AM) APPROVED. AND
THAT ALL IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH THE APPROVED PLANS OR THAT THE
SUBDMDER HAS ENTERED INTO AGREEMENT WITH THE CITY OF BEAUMONT COVERING COMPLETION OF ALL
IMPROVEMENTS AND SPECIFYING THE TIME FOR COMPLETING THE SAME AS MAY BE REQUIRED BY CONDITIONS OF APPROVAL DATED AUGUST 2, 2005.
FOR: DEEPAK MOORJANI, R.C.E. 51047,
CITY ENGINEER, CITY OF BEAUMONT
DATED: LI Crag, , 2014
DENNIS W. JANDA, P. : S. 6359
EXPIRES 12/31/20 A
BEAUMONT CITY COUNCIL CERTIFICATE
I HEREB CERTIFY THAT IS AMP SAPPRRVED BY PIE CITY COUNCIL OF THE CITY OF BEAUMONT OW it s DAY OF , 2OI' . AND THAT THE 01I-LN(S) OF DEDICATION(S) DEPICTED HEREON WERE NOT ACCLPILL). THE CITY COUNCIL MAY, HOWEVER, BY RESOLUTION AT ANY LATER DATE, AND WITHOUT FURTHER ACTION BY THE SUBDMDER, RESCIND /7S ACTION AND ACCEPT THE FOLLOWING DEDICATION(S) AND IMPROVEMENTS FOR PUBLIC USE, WHICH ACCEPTANCE SHALL BE RECORDED IN THE OFf7CE OF THE RIVERSIDE COUNTY RECORDER.
FOR STREET AND PUBLIC UTILITY PURPOSES LOT A' (HEARTLAND PARKWAY SOUTH), LOT B' (CLIFTON WAY), LOT C' (GOLDEN GATE WAY), LOT 0' (STONEWALL PLACE), LOT E' (MADISON ), AND LOT 'F' (AUSTIN PLACE).
DATED: I14I
, 201
14PlitE
CITY CLERK, CI OF BEAU ONT
RIVERSIDE COU .L , CALIFS . G4
ZOIfI - D4 C 36
OK./G4/A,tL
417
£ISEMENT NOTE
THE EXACT LOCATIONS OF FOLLOWING EASEXIENTS ARE NOT DISCLOSED FROM RECORDS.•
AN EASEMENT N FAVOR DE SOUTWAY PACYfiC PI EZINES FOR PIPELINES AS RECORDED AMC 16, 1955 AS INSTRUMENT NO. 39399 OF Of I'i4L RECORDS OF RIPE -WIDE COUNTY. /
/
/
1480-546' 610
"RABBIT"
N 2284367.50
E 6323791.93
/
5,.0
/
AZ06 f 1437& /
/
/
"REST"
N 2292862.27
E 6328245.05
IN THE CITY OF BEAUMONT,, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 27977-3
BEING A SUBDMSION OF PARCEL 3 AND LOT '0' OF PARCEL MAP NO. 34880, RECORDED IN BOOK 23Z PAGES 67 THROUGH 76, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.
FEBRUARY, 2014
'°'9CE� M PCE'� 8
P4/8 ,f7 / O. J16
67_7676
-151Qer J
N71'47'531' (k) � 2
&ISIS OF &&RINGS
TIE MSS OF BEARINGS MR 1HIS SUR Y .S 115E C .FFt7YPN1'4 STALE PCAAE CAO RDIN41E 3-73/04 CA 83, ZONE Ai, BASED LOCALLY ON CONTROL STAMP'S "1486Yr MD 74(ST AND 83(2002) AS SHOWN HEREON, NOVA G. A Gi4IV BEARING OF N 27'39'52" E. ALL BEARINGS SNOW ON MS AMP APE GM QUOTED BEARINGS AND &STANCES FROM REFERENCE AMPS OR DEEDS ARE AS SHOWY PER 1114T RECORD REFERENCE ALL DISTANCES SHOWN ARE CRIUM7 DISTANCES' LA54'_ESS SPECIFIED OTHERWISE: GM DISTANCES AMY BE OBTAINED BY iNiL lYL MAVG THE aPOUM9 DISTANCE BY A CCW9A ATION FACTOR OF 0.999904925. C4LCULAPONS ARE 464D£ AT STATION IB466YT NTH COORDINATES N 2284367.50 E 6323791.9,E USW AN EIEVI4TTOW OF 2366.92 FEET. v CONTROL SZ4TIGW 7'
IWTX.W4L GEODETIC SURVEY, CAL MIA3 i4 D wsm OF MGHIVIYS DISHY SET N' TOP OF CONCRETE STAMPED 7PABBYT". HORIZONTAL ORDER = SECOND HORIZONTAL LNTUW 1S AND BL N 228436Z50 E 6323791.93
2) CONTROL STATIGW 7PJ`3T"
fr 4 TOVWL GEODETIC SURVEY, C4LIFORNi4 DIVISION OF IA,I'EAI9IYS OSK SET IN TIP OF CONCRETE MONUMENT STAMPED "PEST 1972" HORIZONTAL ORDER = SUMO, KER77CAL ORDER = F11PST, CLASS A. HORIZONTAL A4TUII LS / 4D 8L
N 229286227 E 6328245 05
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BOUNDARY AND INDEX SHEET
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STANTEC CONSUL T/NG INC.
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N39.3'45'E
/(Q=69;3021,1 (.� �r�/ ,
(1=58.232 `! ?•, 49'49 J
44,
OAK VALLEY PARKWAY
ALESSANDRO BLVD.
84 0.03 AC. OPEN SPACE
SURVEYOR'S NOTES
1. 2.
3. 0
•
()
RAMONA EXWY
SHEET 2 OF 5 SHEETS
A
C/
v
gaZ
VICINTY MAP
N T.a
GRAPHIC SCALE
(IN FEET )
1 inch = 100 ft.
TRACT NO. 27971-3 CONTAINS 19.46 ACRES GROSS.
TRACT NO. 27971-3 CONTAINS 84 NUMBERED LOTS AND LLIILh'ED LOTS "A" THROUGH " (STRLLI,).
BUILDING SETBACKS SHALL CONFORM TO EXISTING ZONING REGULATIONS.
INDICATES SET 1" I.P. W/PLASTIC PLUG, "LS 7185'; FLUSH.
INDICATES fD 1" IP W/PLASTIC PLUG STAMPED LS 7185, PER PM 34850, P 18 237 / 67-76, FLUSH, UNLESS NOTED OTHERWISE.
INDICATES RECORD AND MEASURED DATA PER PM 34880, P418 237 / 67-76.
SET 1" /.P. W/PLUG, "LS 7185 (RN. CO. S7D. A" MON.) OR LEAD AND TAG, LS 7185' IN CONCRETE, (RIV. CO. SM. 1" MON.) AT ALL REAR LOT CORNERS AND CORNER CUTBACKS, FLUSH, UNLESS OTHERWISE NOTED.
SET LEAD AND TAG, LS 7185' IN TOP OF CURB (R/V. CO. STD. Lr" MOIV.) AN UEU OF FRONT LOT CORNERS ON SSE LOT UNES PROJECTED AND FOR E C. 'S AND B.C. 'S PROJECTED PERPENDICULAR OR RADIAL FROM PROPERTY LINE, UNLESS OTHERWISE NOTED.
ALL MONUMENTS ARE SET ACCORDING TO RIVERSIDE COUNTY ORDINANCE NO. 461.9 L&SME - INDICATES "LANDSCAPE & SLOPE MAINTENANCE EASEMENT" ♦
SEE SHEET 2 FOR SURVEYOR'S AND EASEMENT NOTES IN THE CITY OF BEAUMONT,, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 5 SHEETS
PARCEL , PMB 23 - - I PARKWAY SOUTH �
NO. 3488__O € HEARTLAND (L=491913)
-
P
PARCEL" MAP
(4_18.54 4, g�
LOT 'A cr4aa23'
L2484.27'
009 A=18'54'04'
=18'54 OPEN SPACE n 28 AC.
(R0151 0 p4, 83 „67.46 d=02'28 s
ds f8'`A, , a• d:02'37'59. C
1 Rs 1362•
s 1334-°° • La e 1 "54'32"
R L:44.44
L1
416 o5') .)
CO
ri
GRAPHIC SCALE
0 !0 40 So
( INFEET )
1 inch - 40 ft.
1306'°49.
3. .22'28
4v
A
LINE rABLE
LINE
BEARING
LENGTH
L1 4
N78'00'091Y
870'
12 4.
M5435'051Y
86.21'
L.3
N19:53'431Y
21.36'
L4
N25'29'48r
20..33'
N7C4926v 105.01'
N70'49'26'' 105.00'
N70'49' 6'W 10500'
N717'49'2611' 105.00'
N7ols26V 105.X'
(N70.49'261Y 102.397
4_4027.5.5" L358.59'
4=18'5404
4.48'54'04-
63. -
x.44' g1
NI
R:1306.40" L:108.16
A=p4'45'17' (R)/
"E
` 4 \e'
\rte
15 rz-� 1eJ
(d=11711v,
d 1 '06'
L=11.56
N706'3211' 119.27'
A=03.09.37.
L=18.09
N70'49'261' 119.55'
d
d=1129 57'
L
TRACT NO. 27977 - 3
BEING A SUBDIVISION OF PARCEL 3 AND LOT "O' OF PARCEL MAP NO. 34880, RECORDED IN BOOK 237, PAGES 67 THROUGH 76, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.
FEBRUARY, 2014
STANTEC CONSULTING INC.
12.X'
PARCEL 4
PARCEL MAP NO. 34880
PMB 237 / 67-76
'Y64 30'12 "W 571.43)
---,-
1464•30'1211/ 539.82'
A 4.30'12'W 551.07'
o V `;
V
i
II
lg
': N21'S3'531-(R)
10600
b. b.
V. 1t a
N24:51521E(IV \IA f4
1 N24:56'471- 106.00' N
36.73'
d=Gtl'S6i;k`
L=23.97'
N
75 4., 74
73 RI
41 0,"‘k 36.73'
LOT 'C'
L=449.31' iii.4
Ig
L=440.07
L=267.15' 25.34'
GOLDEN G4TE WAY N24'42'48 (R) d=00'47'02` N
L=18.25'
45=08'48'24' L=200.74'
©=04'02 07' L=91.98'
N71749'26'W 122.70'
PARCEL 14
PARCEL MAP NO. 34880, PA/18 237 / 67-76
22 N71.3?'241V 104.91 '
23 (N71'
2600'
�g
is
--7
28 00
lw
1V 121.717
101'47155T
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
05'10.43"
272.X'
24.59'
a
05'10'13' '
30.X' '
27.12'
C3
0S'f0'41,3'
328X'
29.65'
M6430'121Y 490 2'
AI6R 30'121Y 491.72'
X4.07'
31 30
29 8.
d=212'37'22'
28 O
I-
w
w
N
27 w
t/)
26 25
2f0.416.982
4 (d ' 4 /
4/
SEE WET 2 fO1' SlAtiVE t R'S AND EASEMENT MOTES
IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA .9* T 4 OF 5 WETS TRACT NO. 27971-3
BEING A SUBDIVISION OF PARCEL 3 AND LOT '0' OF PARCEL MAP NO. 34880, RECORDED IN BOOK 237, PAGES 67 THROUGH 76, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.
FEBRUARY, 2014 STANTEC CONSUL T/NG INC.
PARCEL 4
PARCEL MAP NO. 34880
PMB 237 / 67-76
(N6430'121Y 571.432
1200'
LOT 'A'
HEARTLAND PARKWAY SOUTH
N64:30'127Y 539.82'
A84'30'12"Y 551. e'
N2529'481- 10600'
46,
V ►°j
12'
N 579'48't 1 .00'
-
56.80'
5700'
56.80'
57.00'
57.00'
57.00'
I 57.80'
N
76 73
4. 72
4. 71
4. 70
4.4 69
444 68
4.4 67
+.
66 4N�j
h
N
H
01"/
A=0133'44"
5�/
L=742' /
'/
56.80'
5700'
56.80'
5700'
5700'
5700'
50.39'
M
0 16
17 z
I -
W
w 18
I
Cn
W
W 19
V)
20 21
23 4.3.00'
_ L2
JN
28 an' - moo'
22 /
/
N71.47"35NE (R) -�
28X,
0 r
28 81
GOLDEN CPI TE WAY
304.07'
LOT 'C'
084'30'12111 218.07'
N64 ;30'121Y 490.72'
1 RI
�I
wi
N
1 to
I$
as -212'77f
(d=106'12'54,
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Ci
06'43'13'
300.00'
35.19'
a
06'43'13'
272.00'
31.90'
118.30'
31 N71'32'14' ' 138'33'
JO
N71'31'2411' 137.97'
IC
N
0 99.77'
32 4=00'25_',55'
1=247
A6436'C611t'R) 10762'
to
29 N71'32'24'W 13761'
28 N71 J2'241v X3726'
27 N71'32'24'1v 136.89'
26 W112'24111 136.54'
5.87'
A:1618 41
L:28.47
'S4
6.62'
25 N71'3?741' 114.M'
24 (N6741'191, 110.302
\L1t34 24'59 ±►'
GRAPHIC SCALE
0 10 40 00
•
V i
•
( nzT
)
1 inch = 40 ft.
co
10 h
h
33 N71'1322511' 105.00'
43.00'
IC
N
to
34 N71'13'251' 105.00'
35 N71'13'25" 10500'
36 N71'13'25*11 105.00'
37 N71'13'2511' 10500'
38 43.00' I
81 aetoo l X00'
R.100•00'
91,01618'41
L= 47'
N350'035� 1
N71'13'25*i' 1008'
co
M
39 d=28'10'41
L=21.93'
(N71'13'7511' 101.20') /
510525'0' (R)i
25 46+
28.00'___
w
h
161.31'
184'30'12111 118.31'
L=30.01
$I 4 6'19'14'
HI R=272.00'
L 3.09"
gI 4 '19'14"
104.33'
48 47
4=05'07'23'
L=24.32 gig'37.35'w (�
N71'13'25'1' 1265.3'
4=01'35'50
L=758
IC
28. b
49 46
71'1 ' 5'0' 1 6.19'
to
50 45
N71'13'25'11' 1 .7
44 N711 1 'W 1 •
43 .1 ' 'w14.'
42 N71'13'25'1' 124.33'
4=1 5'03133"
L=26.28
V
9.26'
41 1.1 ' 1' •
40 4-212.3722' (188'04481, 127.842
PARCEL
14 4- int.�
PARCEL MAP NO. 34880
PMB 237 / 67- 76
09103412V
LINE TABLE
BEARING
LENGTH
LINE
L 1
,%4'30'121*'
86.00'
L2
fr.4'3505111
4&21'
L3
IIA9'2948t
21.21'
U,
O
z
W
W
51 I
W
52 53
54 55
SEE S/fU 2 FAR SURVEYORS AM9 EASEMENT mores
IN THE CITY OF BEAUMONT,, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 5 SHEETS
d
Z
F -
W
W
2 to
cn
TRACT NO. 2 7977 -3
BEING A SUBDIVISION OF PARCEL 3 AND LOT '0' OF PARCEL MAP NO. 34880, RECORDED IN BOOK 237, PAGES 67 THROUGH 76, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN SECTION 6, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN.
FEBRUARY, 2014
PARCEL 4
PARCEL MAP NO. 34880, PMB 237 / 67-76
----------------
€ HEARTLAND PA RKWA Y SOUTH
(1164:30'1211, 571.0
LOT 'A'
1164 ;30'1211, 5,39.82'
83 OPEN SPACE 0.28 AC.
68 1164'30'1211, 551.07'
67 N23'S6'041� (R)
LOT 'C'
$I
HI
•
GOLDal 011E NNW Y 18
N64'30'12'W 116131'
47 46
45 44
43 42
41 40
b,
( 31.62
81 4y7�
6V20.51
N70'49 26'w 100.00'
1170'492611, 100.00'
L1
28.00' 2a.00T
N7O 492611, 100.00'
52 1470'49261V 100.00
53 N71749'26w max'
11X1'49 2611, 100.00'
STANTEC CONSULTING INC.
(L=164.01)
zi
/ R=1460.00' 4=0,3'42'18] L=94.41'
4) OPEN SPACE 0.03 AC. 1"°.
R=147200 d=04'08'5.3 L=106.57'
84 /
19 ` -,640:1,1,.. (RJ 1118'55'381` (R%
of
t.-
/
.60 3 (f /
) EL �4 , / 6�-76
PARCEL
PCB 23
3488
PARCEL MAP NO
N70'4926w 124.40'
N70'49'26'M' 124.40'
N70'4926/1 124.40'
NX1'49'2611' 124.40'
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
06'19'14'
27200'
3001'
C2
06'19'14'
300.00'
3309'
CS
016'19'14'
328010'
36.18'
C4
05'29'47"
300.010'
28.78'
C5
05'29'47'
328.X'
31.46'
co
L c
vQc
°o
Q �
z
C.)
Qc
(N71,,38'19'W 141.24)
\ 2- —5444100_
\242
0.0582P
( 1°
291
LINE TABLE
LINE
BEARING
LENGTH
L 1
N65'30'131
104.65'
L2
1119'10'34'-
8600'
12 N66'22'08r
36.14'
L4
N1740'511Y
3654'
L5
N24'40'21 't
23.51 '
L6
N24'40'211-
23.85'
L7
1164'10'34'
21.21'
LB
025'492611,
21.21'
GRAPHIC SCALE
0 20 40 e0
( IN FEET )
1 inch = 40 ft.
2018-0021735
Recording Requested by
and
When Recorded Mail to:
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
Attn: Carolina Fernandez
01/18/2018 03:59 PIS Fee: $ 92.00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
IIIIPnitaNii III
CERTIFICATE OF CORRECTION
I, Ray E. Mansur, certify; that I am a Licensed Land Surveyor of the State of California; that a survey was prepared under my supervision and direction as Tract No. 27971-3; that said Tract Map was filed on December 22, 2014 in Book 444 of Maps, at Pages 1 through 5, inclusive, in the office of the Recorder of Riverside County, California.
That the following data shown on said Tract Map is incorrect as follows:
1 the street name shown as "Heartland Parkway South";
2 the street name shown as "Golden Gate Way";
3 the street name shown as "Austin Place";
4 the street name shown as "Madison Place";
5 the street name shown as "Stonewall Place";
6 the street name shown as "Clifton Way".
And is corrected as follows:
1 "Heartland Parkway South" will be changed to "Olivewood Way"; 2 "Golden Gate Way" will be changed to "Sevilla Way";
3 "Austin Place" will be changed to "Galega Court";
4 "Madison Place" will be changed to "Volterra Way";
5 "Stonewall Place" will be changed to "Bonavento Lane"; 6 "Clifton Way" will be changed to "Tuscany Place".
The present Fee Title owner/Ownership of the property is not affected by the corrections.
Date: December 1, 2017
I
Ray E. Man
ur, PLS 7185
The present Fee Title owner/Ownership of the property is RSI Communities -California LLC, a Delaware limited liability company.
CITY SURVEYOR'S CERTIFICATE
This Certificate of Correction has been examined by the undersigned and discloses that the changes are authorized by and comply with Government Code Section 66469 of the Subdivision Map Act.
Date:
i;128/ ,2017
.-j1 1/--e
Jay S. Fahrion, L.S. 8207
City Surveyor, City of Beaumont
MONUMENT NOTES
• FD LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB PER (1), UNLESS
OTHERWISE NOTED.
O SET LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB.
FD 1" I.P., W/BRASS TAG, L.S. 8446,
1\•21 FLUSH, PER (1)
GALEGA COURT
(FORMERLY AUSTIN PLACE)
13 REFERENCES
(1) CERTIFICATE OF CORRECTION
RECORDED 09/10/2024 AS DOCUMENT #
2024-0272647 OF OFFICIAL RECORDS.
DATE: 7/31/24
Cannon 16842 VON KARMAN AVENUE SUITE 150
IRVINE, CALIFORNIA 92606 (949) 753-8111 DRAWN BY: NR
Civil Engineering • Planning • Surveying SHEET 1 OF 4
CENTERLINE TIES
GALEGA COURT & SEVILLA WAY
TR.27971-3, MB 443/95
GRAPHIC SCALE
50 0 25 50
m
4 ( IN FEET )
1 inch = 50 ft.
MONUMENT NOTES
• FD LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB PER (1), UNLESS
OTHERWISE NOTED.
O SET LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB.
FD 1" I.P., W/BRASS TAG, L.S. 8446,
1\•21 FLUSH, PER (1)
VOLTERRA WAY
18 17
\ X9.23' •9�
(FORMERLY MADISON PLACE) Sp 46
29 16
46,
N79 /y
\o' z `L
X5314 \`Lsr
REFERENCES
(1) CERTIFICATE OF CORRECTION
RECORDED 09/10/2024 AS DOCUMENT #
2024-0272647 OF OFFICIAL RECORDS.
30 DATE: 7/31/24
_Cannon
16842 VON KARMAN AVENUE SUITE 150 DRAWN BY: NR
IRVINE, CALIFORNIA 92606 (949) 753-8111
Civil Engineering • Planning • Surveying SHEET 2 OF 4
CENTERLINE TIES
VOLTERRA WAY & SEVILLA WAY
TR.27971-3, MB 443/95
I
W
Co
77 76
75 74
GRAPHIC SCALE
50 0 25 50
m
4 ( IN FEET )
1 inch = 50 ft.
MONUMENT NOTES
38 • FD LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB PER (1), UNLESS
OTHERWISE NOTED.
O SET LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB.
FD 1" I.P., W/BRASS TAG, L.S. 8446,
1\•21 FLUSH, PER (1)
34 BONAVENTO LANE
33 (FORMERLY STONEWALL PLACE) ---
'COO \r
REFERENCES
(1) CERTIFICATE OF CORRECTION
RECORDED 09/10/2024 AS DOCUMENT #
2024-0272647 OF OFFICIAL RECORDS.
46 47
Cannon
16842 VON KARMAN AVENUE SUITE 150
IRVINE, CALIFORNIA 92606 (949) 753-8111
Civil Engineering • Planning • Surveying
DATE: 7/31 /24
DRAWN BY: NR
SHEET 3 OF 4
CENTERLINE TIES
BONAVENTO LANE & SEVILLA WAY
TR.27971-3, MB 443/95
32 68/
Q
71 70
1I I 69
z
I
68 GRAPHIC SCALE
50 0 25 50
m
4 ( IN FEET )
1 inch = 50 ft.
55 54
fi x
23.78' TUSCANY PLACE
\9 (FORMERLY CLIFTON WAY)
23. `oN%/� 62-95 \� \
/ ,64) `Lb std\•
57 56
MONUMENT NOTES
• FD LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB PER (1), UNLESS
OTHERWISE NOTED.
O SET LEAD, TACK & TAG L.S. 8446 ON TOP
OF CONCRETE CURB.
FD 1" I.P., W/BRASS TAG, L.S. 8446,
1\•21 FLUSH, PER (1)
47 49
48 14/
A/ S/OFWA(
TUSCANY PLACE
(FORMERLY CLIFTON WAY) 66 -g',
18.35 62
REFERENCES
(1) CERTIFICATE OF CORRECTION
RECORDED 09/10/2024 AS DOCUMENT #
2024-0272647 OF OFFICIAL RECORDS.
63 . 69
64 68
65 84
111111. -- GRAPHIC SCALE
��annon
16842 VON KARMAN AVENUE SUITE 150 DRAWN BY: NR
IRVINE, CALIFORNIA 92606 (949) 753-8111
Civil Engineering • Planning • Surveying SHEET 4 OF 4
DATE: 7/31/24
CENTERLINE TIES
TUSCANY PLACE & SEVILLA WAY
TR.27971-3, MB 443/95
50 0 25 50
m
4 ( IN FEET )
1 inch = 50 ft.
Cannon
iiil
City of Beaumont
Public Works
550 E. 6th Street
Beaumont, CA 92223
In accordance with Section 66497 of the Subdivision Map Act of the State of California I hereby give notice that the final monuments for Tract Map No. 27971-3 and its corresponding tie sheets have been set and are available for inspection.
I also certify that I have been paid for my work. The deposit to guarantee the placement of all survey monuments can be released to the depositor.
Sincerely,
J Braley L.S. 8446
16842 Von Karman Avenue, Suite 150, Irvine, CA 92606
T 949.753.8111
CannonCorp.us
17005.01
1
Basic Gov (Sales Force) #
File # 3089
AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS
FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN
(Tract Map/Pareel-MapfP1Qt PIan No.) *
Rev. 02/25/2015
13i
THIS SECURITY AGREEMENT is made by and between CITY OF BEAUMONT ("CITY") and Pardee Homes , a California company
("DEVELOPER").
RECITALS
A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Tract MapNarcel--MapiNcrt--Plart# * , ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights - of -way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and Sundance North Tract 31470-3,-4,-5 & -6 Major Street Improvements
B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights -of -way and easements depicted thereon, that such rights -of -way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "improvements"); and
C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows:
1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement.
2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements.
* 31470-3 , 31470-4, 31470-5 & 31470-6
3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY -approved plans and specifications.
4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY a performance bond issued by a corporate surety in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure.
5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide a payment bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets.
The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure.
6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds.
Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment -related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M.
Best rating of "A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified 2
herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER.
7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California -admitted surety company with an A.M. Best rating of no less than "A, XV" for $2,000,000 per occurrence.
Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured.
8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY.
9. Procedure for Release of Performance Bond Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner:
a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the City's acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans 3
and specifications for the Improvements, it shall supply a list of all remaining work to be completed.
c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY.
d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion.
10. Procedure for Release of Payment Bond Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment may, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced by Surety to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security may be released in full.
11. Security for One -Year Warranty Period. The release procedures described in paragraphs 9 and 10 above shall not apply to any required guarantee and warranty period nor to the amount of the performance bond security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.
12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns.
13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto.
14. No Assignment. The DEVELOPER may not assign this Security Agreement, or any part thereof, to another without the prior written consent of the CITY.
15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 4
16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates listed below.
Date
DEVELOPER
B
Jef zambers
March 4, 2017
Date
Title: VP Community Development
Address: Pardee Homes
1250 Corona Pointe Court. Suite 600
Corona. CA 92879
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
rF cry r: Mar c c�s�¢zz,� cr . r., sas 0•A a
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 Riverside
On March 24, 2017
Date
before me,
personally appeared
Ana E. Chavez Perez, Notary Public
Here Insert Name and Title of the Officer
Jeff Chambers
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person() whose name() is/Rigk subscribed to the within instrument and acknowledged to me that hefetobtialeaq executed the same in hisibetatiedz authorized capacity(tr), and that by hisItagretteU signature() on the instrument the person(R), or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
e
ANA E. CHAVEZ PEREZ
°; NOTARY PUBLIC - CALIFORNIA
COMMISSION # 2107702
s' j� RIVERSIDE COUNTY
,`_r F:0 My Comm. Exp. April 19, 2019
Place Notaty Seal Above
WITNESS my hand and official seal.
Signature
OPTIONAL
S"rgnatu e o • o cr' Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
D Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Basic Gov (Sales Force) #
File #
Bond No. 929644887
EXHIBIT "A" Premium: $5,571.00
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated M parch 24 , 2011 , whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. Sundance N,orth Tract 31470-3, 31470-4 which is hereby incorporated herein and made a part hereof; and 31470-5 & 31470-6 Major Street Improvements
WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of One Million Three Hundred Ninety Two Thousand Seven * dollars ($ 1,392,732.80 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *Hundred Thirty Two and 80/100
The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The 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 the specifications accompanying the same shall in any way 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 or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 22 , 2017
PRINCIPAL:
Pardee Homes
SURETY:
Th
By By
Se havr►ber 5
Title V? Couv,rnoxit-ki lt.Tol nt
tal Insura
Janina Monroe, Attorney -In -Fact
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange
On BAR 2 2 2011
}
before me, Brianne Davis, Notary Public
(Here Insert name and title of the erica*
personally appeared Janina Monroe
who proved to me on the basis of satisfactory evidence to be the person* whose name(s) is/ subscribed to the within instrument and acknowledged to me that ke/sheitlyg executed the same in leis/her/their authorized capacity¢i )c and that by izisiherlichak signature- on the instrument the person*, or the entity upon behalf of which the personi 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.
Notary Public Signature
(Notary Public Seal)
1 BRIANNE DAVIS
Commission No. 2017152
NOTARY PUBLIC -CALIFORNIA
ORANGE COUNTY
My Comm. Expires APRIL 1, 2017
4 -
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding nowt), wording and, if needed, should be completed and attached to the document. Acknolwedgenis. from other states may be completed for documents being sent to that state so long as the trording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a cotnma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she1theyr is lire ) or circling the correct forms. Failure to correctly indicate this information may Lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •'r indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
DESCRIPTION OF THE ATTACHED
(Till or de pf of attached document)} f�)1
PLiti
(Title or description of attached document continued)
Number of Pages ` Document Date 3 t1
OCUME
;T
it
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Titled
❑ Partner(s)
Iirl Attomey-in-Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryCIasses.com 800-873-9865
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Janina Monroe, Tom Mc Call, Paul Boucher, Individually
of Los Angeles, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2016.
The Continental Insurance Company
Paul T' Bru at Vice President
State of South Dakota, County of Minnehaha, ss:
On this 5th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say:
that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
My Commission Expires June 23, 2021
Avi-
J. Mohr Notary Public
CERTIFICATE
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testim ny whereof have hereunto subscribed my name and affixed the seal of the said insurance company this day of MAR 2 X2017 I ,
Form F6850-4/2012
The Continental Insurance Company
D. Bult
Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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 Riverside
On March 24, 2017
Date
before me,
personally appeared
Ana E. Chavez Perez, Notary Public
Here Insert Name and Title of the Officer
Jeff Chambers
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person() whose name() is/gwt subscribed to the within instrument and acknowledged to me that heiebehtkey executed the same in hisAerzetbair authorized capacity( , and that by his/MOWN signature(g) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. pl OF T
�pI�EUFFk., 'S.4`
ANA E. CHAVEZ PEREZ
NOTARY PUBLIC , CALIFORNIA y
COMMISSION # 2107702 e
RIVERSIDE COUNTY
My Comm. Exp. April 19, 2019
Place Notary Seal Above
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
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signature • got• Public
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
0 Partner — 0 Limited ❑ General
❑ Individual 0 Attorney in Fact
0 Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
0 Corporate Officer — Title(s):
0 Partner — 0 Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
�.ra`s"�-��.�:�` ;.^a.0.�=.�,.e�.w`�%ro`�O'c:w�erac;w�%k��iS�S�S`�,�;'^� ^".'�^c'�",�.""�^t=�..�c..r,�.e-'ev'�i'e=.ra�:yc::w�=.w�csw�:*o`�5��-' S�S�'�,^t=�,•__��Fs4"�"�=l^�=4�`�-0.'t=ka ©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Bond No. 929644887
Premium is included in the cost
of the Performance Bond
EXHIBIT "B"
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated March 24 , 2011, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No.sundance N9rth Tract 31470-3, which is hereby incorporated herein and made a part hereof; and 31470-4, 31470-5 & 31470-6 Major Street Improvements
WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Section 8000, et seq., of the Civil Code of the State of California.
NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Section 8000, et seq., of the Civil Code in the sum of One Million Three Hundred Ninety Two * dollars ($ 1,392,732.80 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the 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. "Thousand Seven Hundred Thirty Two and 80/100
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 8000, et seq., of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 22 , 20 17 .
PRINCIPAL:
Pardee Homes
SURETY:
tinental Ins pany
e Janina Monroe, Attorney -In -Fact
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the , identity of the individual who signed the document to which this certificate I is attached, and not the truthfulness, accuracy, or validity of that document. j State of California }
County of Orange }
On MAR, 2 2 1D>> before me, Brianne Davis, Notary Public (Here Insert name and title of the officer)
personally appeared Janina Monroe
who proved to me on the basis of satisfactory evidence to be the persons whose name(x) islam subscribed to the within instrument and acknowledged to me that ke/she/thoy executed the same in kis/her/their authorized capacity* and that by higher/limithigher/limit signature) on the instrument the person*, or the entity upon behalf of which the person(e) 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.
Notary Public Signature
t
ADDITIONAL OPTIONAL INFORMATION
(Notary Public Seal)
DESCRIPTION OF THE ATTACHED 11OCUMENT
(Title or d ription giptta�^accheedd4document)
`
(Title or description of attached document continued)7
Number of Pages Document Date 347r3 -f 17
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
O Corporate Officer
(Title)
O Partner(s)
lja Attomey-in-Fact
❑ Trustee(s)
❑ Other
2015 Version v wv.Notary•aasses.com 800-8'3-5565
1 BRIANNE DAVIS
Commission No. 2017152
NOTARY PUBLIC -CALIFORNIA
ORANGE COUNTY
My Comm. Expires APRIL 1, 2017
1 INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and. if needed, should be completed and attached to the document. Acknolwedgents from other states may be conipleledfor documents being sent to that state so long as the wording does not require the California notary to violate California notary late. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization mist be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the narne(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. he/she/they— is /are ):or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. lf seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
re Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple,
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Meg By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Janina Monroe, Tom Mc Call, Paul Boucher, Individually
of Los Angeles, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2016.
The Continental Insurance Company
7‘77
Paul 64—.1°6"
. Bru at Vice President
State of South Dakota, County of Minnehaha, ss:
On this 5th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say:
that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
J. MOHR
G?a� SOU711 DAKOTA
AKOTA
, %NOT YPunic cgt
My Commission Expires June 23, 2021 J. Mohr
CERTIFICATE
Notary Public
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony w e eo I have hereunto subscribed my name and affixed the seal of the said insurance company this day of p•
.!-,). 2 2I” ,
Form F6850-4/2012
The Continental Insurance Company
D. Bult
Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
o
CIVIL CODE § 1189
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 Riverside
On March 24, 2017
Date
before me, Ana E. Chavez Perez, Notary Public
personally appeared
Here Insert Name and Title of the Officer
Jeff Chambers
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person() whose name() is/figt subscribed to the within instrument and acknowledged to me that hehebo thEy executed the same in hishbedtheic authorized capacity(>i , and that by hisIMAUfgt signature() on the instrument the person(R), 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.
•
•
ANA E. CHAVEZ PEREZ
NOTARY PUBLIC - CALIFORNIA
COMMISSION # 2107702
RIVERSIDE COUNTY
My Comm. Exp. April 19, 2019 ►
Place Notary Seal Above
WITNESS my hand and official seal.
Signature
OPTIONAL
Signat "7' /% ublic
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee
❑ Other:
Signer Is Representing:
Number of Pages:
❑ Guardian or Conservator
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
k* 4>x -"t t%S^�we wx
©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
CITY 01• BEAUMONT PUBLIC WORKS DEPARTMENT
CONSTRUCTION COST WORKSHIIT
PROJECT NAM E:
DATE:
Sundance North -Tract 31470-3. 31470-4. 31470-5. & 31470-6 (Majors) -5742 -r- 21 -Mar -17
PP. CUP NO.:
E3Y: Mark Swanson, Michael Baker Intl
IMPROVEMENTS
FAITHFUL PERFORMANCE
LABOR & MATERIALS SI:C'URTI Y
Construction Costs)
100%
100%
Streets/Drainage
Sewer
Total
Warranty Retension (22.5%)
Street/Drainage Plan Check Fees
Sewer Plan Check Fees
Street Inspection Fees •
Sewer Inspection Fees
$ 1,392,732.80
$
1,392,732.80
S 313,364 88
$
5 24,221.44
5 5
36,3.32.16
12,49'532.5r
d$ 34;33241w
143 effort. Oz
DlisIIGN ENGINEERS CALCI)LAT1ONS OF IMPRC)VEMI'N I.BONDINCi COSTS /5.2e 3/06 o
Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate liir determining bond' g: plan check and inspection costs.
3!Z X47
Above amout y ninclude additional 20% for recordation prior to having signed plans Above anw ntydo not ninclude additional 20% for recordation prior to having signed plans J
ineer's Signature
Mark Swanson
Name typed or printed
FORM S UNIT COSTS REVISED 09106
3-xo -/7
Date
Civil Engineer's Stamp
*****PLEASE RE:AI) INSTRUCTIONS BELOW*****
1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Improvement Requirement Worksheet".
2. Show Bond Amounts to the nearest $500.
3. For construction items not covered by "City of Beaumont Improvement Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of 1eaumont Unit Costs arc determined to be too low in the opinion of the Design Engineer. the higher costs as provided by the Design Engineer should be used.
t/21/2O17
BEAUMONT
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.ci.beaumont.ca.us
Case No. PW2024-0092
Receipt No. R01580940
Fee $ 3,915.00
Date Paid 7/12/2024
BOND EXONERATION APPLICATION
Bond Type: ❑Performance [Maintenance ®Final Monument Inspection [Other:
1. Contact's Name Chris Carlaccini Phone 657-292-5781
2. Contact's Address 6440 Oak Canyon Suite 200 Irvine CA 92618 City/State/Zip
5. Contact's E-mail [email protected]
3. Developer Name Talyor Morrison Phone 647-292-5781
(If corporation or partnership application must include names of principal officers or partners)
4. Developer Address 6440 Oak Canyon Suite 200
City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
Olivewood Monl,imAntation for TR 27971-9 (PA9) - Perf/Payment Bonds Bnnd # CMS034f1854
6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
Chris Carlaccini
6/20/2024
Print Name and Sign — Contact/Applicant Date
7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City.
Chris Carlaccini
C -L_
6/20/2024
Print Name and Sign — Contact/Applicant Date
8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
• Remove and replace concrete and AC as needed where lifting. • Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slurry coat for all road surfaces.
• Restore/Verify pavement striping/markings.
• Restore/Verify blue dots and signage as needed.
• Clean and camera sewer. Provide report and video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade within Right -of -Way. • Provide Landscape Architects Certification as required.
Chris Carlaccini
6/20/2024
Print Name and Sign — Contact/Applicant Date
BEAUMONT
Punch List
Project Name: Final Release of Monumentation
Tract No. 27971-9
PW2024-0092 Bond No. CMS0348854
Inspected By: Jason Craghead Page: 1 of 1
Item
No.
No Items
[COMPANY NAME]
Description
Completed by
Construction
(Sign/Date)
Jason Craghead
8/15/24
Date: 8/15/24
Accepted by
(Sign/Date)
Jason Craghead
8/15/24
RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN TO:
City Clerk
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
DOC # 2023-0305755
10/17/2023 03:48 PM Fees: $0.00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
"This document was electronically submitted
to the County of Riverside for recording**
Receipted by: TERESA#134
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 27971-9
DATE OF AGREEMENT: 8/16/2022
Delaware
NAME OF SUBDIVIDER:RSI Communities -California LLC a
limited liability company
. (hereinafter
consisting of
, originally approved on
referred to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT:
981 residential
Olivewood subdivision
lots, Parcel Map No. 34880
July 16, 2014 , and Tentative
Tract 27971 ("Tract" or "Tentative Tract Map") ,
16, 2014
originally approved on December
FINAL TRACT MAP 27971-9 APPROVED ON December 16, 2014 RECORDED ON December23, 2014 _1S INSTRUMENT NUMBER: ("Final Tract Map") _2014-0489232
PROPERTY SUBJECT TO AGREEMENT:
Agreement is located in the City
"A" attached hereto and incorporated
The real property
of Beaumont, County of Riverside
herein (hereinafter the "Property").
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$ NA
which is the subject of this
and is described in Exhibit
EST. TOTAL COST OF
MONUMENTATION:
$ 51,000.00
EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ NA
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: CMS0348854 ,
LETTER OF CREDIT NUMBERS:
FINANCIAL INSTITUTION: RLI Insurance Company
DOC #2023-0305755 Page 2 of 30
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter RSI Communities -California LLC Delaware limited liability company referred to as "City"), and a
(hereinafter referred to as "Subdivider"). City and Subdivider are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".
RECITALS
A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property").
B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City subdivision laws and codes.
D. In consideration of the approval of a final map by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws.
E. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works ("City Engineer"). The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit "B" and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B".
DOC #2023-0305755 Page 3 of 30
G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".
NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows:
1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement.
(c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational.
(d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all right-of-way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances.
Subdivider's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development. (f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.
DOC #2023-0305755 Page 4 of 30
2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
Fifty One thousand ($51,000.00)
(i) and 00/100 DOLLARS ($XXX,XXX.XX) to ensure
faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and Fifty One thousand ($51,000.00)
(ii) and 00/100 DOLLARS ($XXX,XXX.XX) to
secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) NA and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement. (iv) NA and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or
DOC #2023-0305755 Page 5 of 30
referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released.
(c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts. (d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans: Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement.
Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the
DOC #2023-0305755 Page 6 of 30
drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City.
Said changes, if any, shall be confined to the Property.
5. Reserved.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation.
(b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Subdivider's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdivider's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the Improvements.
DOC #2023-0305755 Page 7 of 30
7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final completion and certification of all Private Improvements and Public Improvements. Partial releases may be permitted subject to the provisions of Subsections (a)(i) and (a)(ii) hereof. Upon final completion of the Public and Private Improvements under this Agreement, and after City Council acceptance/certification, the City shall file a Notice of Completion in accordance with the California Civil Code.
(i) The City Engineer may release a portion of the Performance Security, as work on the Improvements progresses, upon written application thereof by the Subdivider; provided, however, that no such release shall be considered by City for an amount less the cost estimate of the remaining work does not exceed twenty percent (20%) or less of the estimate of the total amount of work to be done as shown in Exhibit "B". Upon approval of a partial release or the reduction of Performance Security, the City shall not reduce such Performance Security to an amount less than two -hundred- percent (200%) of the value of the work remaining to be done. City and Subdivider agree that not more than two requests for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance/certification of the Improvements by the City.
(ii) In no event shall the City Engineer authorize a release or reduction of the Performance Security which would reduce such security to an amount below that required to guarantee the completion of the Improvements and any other obligations imposed upon Subdivider by this Agreement.
(iii) No partial reduction or release of the Performance Security shall constitute or be construed as the City's acceptance or certification of any Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described in Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Labor & Materials Security and to cover related legal costs. The balance shall be released upon the settlement of all claims and obligations for which the Labor & Materials Security was given. If no claims or liens have been filed and no notice has been given to City within said ninety (90) day period, then the Labor & Materials Security shall be released in full. (c) The Warranty Security shall not be released until after the expiration of the one-year (1 -year) warranty period and until any claims filed during the warranty period have been settled. As provided in Section 11, below, the warranty period shall not commence until final acceptance/certification of the Improvements and related work by the City Council.
DOC #2023-0305755 Page 8 of 30
(d) The Monumentation Security may be released in full by the City Engineer in accordance with the terms of the separate monument agreement with the City, or if there is none, upon submittal of the following:
(i) a written certification from the professional engineer or surveyor responsible for setting the monuments stating that all the final monuments for the Subdivision have been set in accordance with the Professional Land Surveyors Act and the Subdivision Map Act, and that the professional engineer or surveyor has been paid in full by Subdivider for such services; and
(ii) centerline tie sheets prepared in a manner acceptable to the City Engineer showing the locations of centerline monuments in existing public or private streets; and
(iii) any Record of Survey required by this Agreement has been filed with the County of Riverside and recorded.
(e) The City may retain from any Improvement Securities released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
8. Injury to Public Improvements, Public Property or Public Utilities Facilities.
Subdivider shall replace or repair, or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public or private improvement.
9. Permits. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.
10. Notice of Breach/Default of Subdivider.
(a) Default of Subdivider shall include, but not be limited to: (1) Subdivider's failure to timely complete construction of the Improvements; (2) Subdivider's unwarranted failure to timely cure any defect in the Improvements; (3) Subdivider's failure to perform substantial construction work for a period of twenty (20) consecutive calendar days after commencement of the work; (4) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action against the
DOC #2023-0305755 Page 9 of 30
Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (6) Subdivider's failure to keep the Improvement Securities in full force and effect; (7) Subdivider's failure to notify the City of any sale, transfer or other disposition of the Property to a purported new Subdivider; (8) Subdivider's failure to maintain insurance; or (9) the failure of Subdivider or Subdivider's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement. (b) In the event of any such default, the City Engineer or the City Council may serve written notice to Subdivider specifying in reasonable detail the nature of the default.
Subdivider shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default is not reasonably susceptible to being cured within said thirty (30) days, Subdivider shall have a reasonable period of time to cure the default so long as Subdivider commences to cure the default within said thirty (30) days and diligently prosecutes the cure to completion.
(c) If following service of such written notice of default, Subdivider fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 10(b), above, the City Engineer or the City Council may serve notice of Subdivider's default upon Subdivider and where applicable Subdivider's surety, or the holder(s) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 10(c), above, Subdivider's surety shall have the duty to take over and complete the Improvements and related work required under this Agreement; provided; however, that if the surety, within twenty (20) days after the serving upon it of such notice of default, does not give the City written notice of its intention to take over the construction of said Improvements or does not, within ten (10) days after giving City notice of such election, commence to complete the Improvements, City may take over the work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available to it at law or in equity for Subdivider's default under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Subdivider. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Improvements, and therefore, City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the
DOC #2023-0305755 Page 10 of 30
Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans.
(f) Failure of Subdivider to comply with the terms of this Agreement, including but not limited to, construction of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Subdivider's consent to: (1) the filing by City of a notice of violation against all of the lots in the Subdivision; (2) withholding of Building permits, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Subdivider agrees that the choice of remedy or remedies for Subdivider's default or breach shall be in the sole discretion of City.
(g) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.
11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Subdivider shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the Plans, Subdivider shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion.
(b) Should Subdivider fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such work.
(c) Should the City determine that an emergency or a threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Subdivider can be notified, City may, in its sole
DOC #2023-0305755 Page 11 of 30
discretion, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the cost of such repairs.
12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement.
13. Injury to Improvement Work; Risk of Loss. Until such time as the Public Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Public Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times.
14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other Subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment.
15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Subdivider shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements, and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.
16. Vesting of Ownership. Upon acceptance of the Public Improvements and related work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Improvements constructed within the Private streets in the Development shall vest in the name of the City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.
17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, subcontractors or employees in the performance of this Agreement. Subdivider hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and
DOC #2023-0305755 Page 12 of 30
employees from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Subdivider's operations, or any subcontractor's operations, to be performed under this Agreement for Subdivider's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters.
(c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design.
After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance.
Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Subdivider's Improvement Securities shall not be required to secure Subdivider's obligations under this Section 17.
18. Sale or Disposition of Subdivision; Assignment.
(a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider sells or otherwise
DOC #2023-0305755 Page 13 of 30
transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Subdivider may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor.
(b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement for work or Improvements performed by Subdivider prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements; Extensions.
(a) Subdivider shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause.
Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney.
(b) Any such extension may be granted without notice to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension. (c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act of City, or from
DOC #2023-0305755 Page 14 of 30
an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Subdivider to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.
21. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City:
Notice to City:
Attn: City Manager
With a Copy to:
Notice to Subdivider:
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
John Pinkney, Esq.
SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.
23. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
DOC #2023-0305755 Page 15 of 30
24. Insurance.
(a) Subdivider shall, at all times during the construction of the Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Subdivider and its contractors and subcontractors in performance of the work under this Agreement.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury.
(ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdividers employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease.
In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.
(2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance. (b) Insurer Rating: Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least a A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an
DOC #2023-0305755 Page 16 of 30
admitted insurer can be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
(d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations.
(2) Primary Insurance. For any claims related to this project, the Subdivider's insurance coverage shall be primary insurance as respects the City of Beaumont, its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.
DOC #2023-0305755 Page 17 of 30
(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non-payment). Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Subdivider and approved by City; nor shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.
Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(h) Higher Limits. If Subdivider maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
25. Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees.
26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into in the terms of this Agreement.
27. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.
28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts
DOC #2023-0305755 Page 18 of 30
of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.
29. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property.
(b) The provisions of Subsection 29(a) notwithstanding, Subdivider shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with the provisions of Section 18 of this Agreement.
(c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto.
30. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Subdivider. The undersigned, on behalf of Subdivider, binds Subdivider, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.
DOC #2023-0305755 Page 19 of 30
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
Subdivider:
RSI Communities -California LLC
By:
Kimberly Kraft
Authorized Signatory
City:
CITY OF BEAUMONT
a Municipal Corporation
B
City Manager
ATTEST:
iQ•pt-trity Clerk
APPROVED AS TO FORM:
J inkney, C. Attorney
APPROVED AS TO CONTENT:
Jeff Hai' sir. O1'Engineering/Public Works
Attachments: Exhibit A Legal description of Property
Exhibit B Cost estimates
(Proper Notarization of Subdivider's Signature is required and shall be attached)
DOC #2023-0305755 Page 20 of 30
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On August 16, 2022 before me, Crystal Villalobos, Notary Public (insert name and title of the officer)
personally appeared Kimberly Kraft
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
(Seal)
CRYSTAL VILLAL0805
Notary Public - California
Orange County
Commission # 2401206
My Comm. Expires Apr 18, 2026
DOC #2023-0305755 Page 21 of 30
Bond Number: CMS0348854
Premium: $179.00
PW #:
File #: 2042 495810
PERFORMANCE BOND
WHEREAS, the City of Beaumont, State of California, and RSI Communities -California LLC (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated , 20_, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. 27971-9 , which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and RLI Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Fifty One Thousand and no/100 dollars ($ 51,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The 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 the specifications accompanying the same shall in any way 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 or to the work or to the specifications.
[signatures on following page]
DOC #2023-0305755 Page 22 of 30
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 15th of August , 20 22 .
(Seal)
RLI Insurance Company
By:
Name: D. Garcia
Title: Attorney -In -Fact
(Seal)
RSI Communities -California LLC
By:
Name:
Title: (k
Address: 19800 MacArthur Blvd. Ste 1250 By:_
Irvine, CA 92612
ttttttll' 111Iu,,,,,
•• DRAT• • • L.
J• V ®�� a
•
••
ILL1
Name:
Title:
i rp
Address: cuc
-JA ZOO
u p„fil
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
DOC #2023-0305755 Page 23 of 30
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On August 16, 2022 before me, Crystal Villalobos, Notary Public (insert name and title of the officer)
personally appeared Kimberly Kraft
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 � . � _, ,, , �'� ,. � t (Seal)
CRYSTAL VILLALOBOS
Notary Pt biic - California
Orange County
Commission # 2401206
My Comm. Expires Apr 18, 2026
DOC #2023-0305755 Page 24 of 30
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 Los Angeles
AUG 15 2022
On before me, Edward C. Spector. Notary Public, personally appeared D. Garcia who proved to me on the basis of satisfactory evidence to be the persons) whose name() is/a-re subscribed to the within instrument and acknowledgment 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.
EDWARD C. SPECTOR
Notary Public - California
Los Angeles County
Commission ; 2261249
My Comm Expires Oct 5, 2022
Signature
Edward C. Spector, Notary Public
DOC #2023-0305755 Page 25 of 30
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint:
Janina MMonroe. Michelle Haase. Timothy Noonan, Adriara Valenzuela, Jennifer Och, Martha Barreras. Sarah Campbell. Rhonda Larson. Charles R. Teter. III, B. Alernan. Erin Brown. D. Garcia. Simone Gerhard, Edward C. Spector. Ethan Spector. Marina Tapia. IUD Wapato. Rachel A. Mullen. Lisa Marie Saurnur. jointiv or severally in the City of Los Angeles , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolutionadopted by the Board of Directors of each such corporation. and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable. have caused these presents to be executed by its respective Vice President with its corporate seal affixed this _ 21,st day of February , 2022 .
State of Illinois
SS
County of Peoria
On this 21st day of February , 2022 , before me, a Notary Public, personally appeared Barton W Davin , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company andior Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and decd of said corporation.
By:
6.013e0,1%, e*00-
Catherine D. Glover
Notary Public
Insurance Company and/or CQu
Company this 15th day of
RLI Insurance Company
Contrartnrc Rnnrrina and rncvr2nrn f mmnnnv
By: (6,1 4v .
Barton W. Davis Vice President
CERTIFICATE
1, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, tbectiMilno rce. In testimony whereof, I have hereunto set mX. h (fit seaj of the RLI 64 Insurance
Jam. Qv '
I.
•
RLI Insurance Company ' co . Q' . r.
Contractors Bonding and Insuffnice8'on}pgn \ ;
•
••
By: Je ey ic�4 1 LVo ffr to Secretary
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Page/4t4-42iof 1100
A4b58D 19
DOC #2023-0305755 Page 26 of 30
Bond Number: CMS0348854
Premium: included in performance bond
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities -California LLC (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, 27971-9 dated , 20_, whereby Principal agrees to install and complete certain designated public improvements which is hereby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of Fifty" dollars ($51.000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the 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. *One Thousand and no/100 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
[signatures on following page]
DOC #2023-0305755 Page 27 of 30
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 15th of August , 20 22
(Seal)
RLI Insurance Company
By:
By:
Name: D. Garcia
Title: Attorney -In -Fact
Address: 19800 MacArthur Blvd. Ste 1250
Irvine, CA 92612
:>) • •
Z U /
1'0,
(Seal)
RSI-Communities-California LLC
PRINCIPAL
r
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
DOC #2023-0305755 Page 28 of 30
Asap
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On August 16, 2022 before me, Crystal Villalobos, Notary Public (insert name and title of the officer)
personally appeared Kimberly Kraft
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 (Seal)
aa a . .a .—
CRYSTAL VILLALOBOS
Notary Public - California
Orange County
Commission # 2401206
My Comm. Expires Apr 18, 2026
DOC #2023-0305755 Page 29 of 30
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 Los Angeles
AUG 15 2022
On before me, Edward C. Spector, Notary Public, personally appeared D. Garcia who proved to me on the basis of satisfactory evidence to be the person(s whose name(s) is/arc subscribed to the within instrument and acknowledgment to me that he/she/they executed the same in his/her/theif authorized capacity(ies), and that by his/her/416F 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.
EDWARD C. SPECTOR
Notary Public - California
Los Angeles County
Commission ff 2261249
My Comm. Expires Oct 5. 2022
Witness my hand and official seal.
Signature
Edward C. Spector, Notary Public
DOC #2023-0305755 Page 30 of 30
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know 41 Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint:
Janina Monroe, Michelle Haase, Timothy Noonan, Adriana Valenzuela. Jennifer Ochs, Martha Barreras. Sarah Campbell. R honda j,arson. Charles R. Teter, III, B. Aleman, Erin Brown. D. Garcia. Simone Gerhard. Edward C. Spector, Ethan Spector. Marina Tapia. KD Wapato. Rachel A. Mullen. Lisa Marie Saumur, jointly or severally in the City of Los Angela; , State of Califitrnia its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed TwentyFive Million Dollars ( 525,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"A11 bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 2 st day of February 2022 .
State of Illinois
} SS
County of Peoria
On this 21st day of February , 2022 before me, a Notary Public, personally appeared Aarron W Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation.
By:
Catherine D. Glover Notary Public
1 CATHERINE D. GLOVER .
OFFICI SEAL
, c AL Notary Public . Jtrtls cr tMiAis.
My Mi ars
���
RLI Insurance Company
Contractors. Rnnilina and tnruranrn ('mmnanv
By: _
Barton W. Davis Vice President
/ .
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, 1 have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 15th day of Augu t,�titi��riirrr z022
GE COMP
RLI Insurance Company • • • • . ; v4e ,,,
Contractors Bonding and Insmitdfce C• Oi�rq.x •
•
• o
By: — s
Jeffrey i� :I
Cgipigate Secretary
Page/4 8210f 1100
////, 1-, 1 L -N‘
`‘
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A005sD19
Recording Requested by
and
When Recorded Mail to:
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
Attn: Carolina Fernandez
2018-0021739
01/18/2018 03:59 PM Fee: $ 92.00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
IlliENSOIM1111111
lo
CERTIFICATE OF CORRECTION
I, Ray E. Mansur, certify; that I am a Licensed Land Surveyor of the State of California; that a survey was prepared under my supervision and direction as Tract No. 27971-9; that said Tract Map was filed on December 23, 2014 in Book 444 of Maps, at Pages 25 through 30, inclusive, in the office of the Recorder of Riverside County, California.
That the following data shown on said Tract Map is incorrect as follows:
1 the street name shown as "Heartland Parkway North";
2 the street name shown as "Albany Lane";
3 the street name shown as "Topeka Way";
4 the street name shown as "Santa Fe Court";
5 the street name shown as "Winchester Place";
6 the street name shown as "Little Rock Place".
And is corrected as follows:
1 "Heartland Parkway North" will be changed to "Castello Lane"; 2 "Albany Lane" will be changed to "Arietta Way";
3 "Topeka Way" will be changed to "Calenzano Way";
4 "Santa Fe Court" will be changed to "Liguria Lane";
5 "Winchester Place" will be changed to "Amorosa Court"; 6 "Little Rock Place" will be changed to "Versimo Lane".
The present Fee Title owner/Ownership of the property is not affected by the corrections.
Date: December 1, 2017
The present Fee Title owner/Ownership of the property is RSI Communities -California LLC, a Delaware limited liability company.
CITY SURVEYOR'S CERTIFICATE
This Certificate of Correction has been examined by the undersigned and discloses that the changes are authorized by and comply with Government Code Section 66469 of the Subdivision Map Act.
Date:
4 a - P, - ,
Jay S. Fahrion, L.S. 8207
City Surveyor, City of Beaumont
2017
Recording Requested by
and
When Recorded Mail to:
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
Attn: Carolina Fernandez
2018-0021739
01/18/2018 03:59 PM Fee: $ 92.00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
IlliENSOIM1111111
lo
CERTIFICATE OF CORRECTION
I, Ray E. Mansur, certify; that I am a Licensed Land Surveyor of the State of California; that a survey was prepared under my supervision and direction as Tract No. 27971-9; that said Tract Map was filed on December 23, 2014 in Book 444 of Maps, at Pages 25 through 30, inclusive, in the office of the Recorder of Riverside County, California.
That the following data shown on said Tract Map is incorrect as follows:
1 the street name shown as "Heartland Parkway North";
2 the street name shown as "Albany Lane";
3 the street name shown as "Topeka Way";
4 the street name shown as "Santa Fe Court";
5 the street name shown as "Winchester Place";
6 the street name shown as "Little Rock Place".
And is corrected as follows:
1 "Heartland Parkway North" will be changed to "Castello Lane"; 2 "Albany Lane" will be changed to "Arietta Way";
3 "Topeka Way" will be changed to "Calenzano Way";
4 "Santa Fe Court" will be changed to "Liguria Lane";
5 "Winchester Place" will be changed to "Amorosa Court"; 6 "Little Rock Place" will be changed to "Versimo Lane".
The present Fee Title owner/Ownership of the property is not affected by the corrections.
Date: December 1, 2017
The present Fee Title owner/Ownership of the property is RSI Communities -California LLC, a Delaware limited liability company.
CITY SURVEYOR'S CERTIFICATE
This Certificate of Correction has been examined by the undersigned and discloses that the changes are authorized by and comply with Government Code Section 66469 of the Subdivision Map Act.
Date:
4 -.-P,-,"
Jay S. Fahrion, L.S. 8207
City Surveyor, City of Beaumont
2017
SHEET 1 OF 12 SHEETS
101
100
99 98
97 96
74 95
94 93
92 91
90 89
88 87
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INDEX MAP
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4 'C'
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81 82
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69 68
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63 62
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20 26
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30 RAY E. MANSUR, P.L.S 7185
5 735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
SCALE: 1" = 200'
JN: 2042 495812
DATE: 8/7/24
PUBLIC
VOAOKINPO CITY OF BEAUMONT
FILE: 495810V—MX7171
SHEET 2 OF 12 SHEETS
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Stantec
DATE: 8/7/24
PUBLIC
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
'AR CITY OF BEAUMONT
SCALE: 1" = 40'
JN: 2042 495812
FILE: 495810V-MX7172
SHEET 3 OF 12 SHEETS
LEGEND:
• INDICATES FD. 1" I.P. TAGGED "LS 7185", FLUSH,
PER TR. NO. 27971-9, M.B. 444 / 25-30.
▪ INDICATES FD. LEAD & TAG "LS 7185", IN TOP OF
CURB, PER TR. NO. 27971-9, M.B. 444 / 25-30.
SEE SHEET 2
90 4
82 80
81 79
78 M.B. 444 / 25-30
5 735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
PUBLIC WOI S AR CITY OF BEAUMONT
DATE: 8/7/24
SCALE: 1" = 40'
JN: 2042 495812
FILE: 495810V-MX7172
SHEET 4 OF 12 SHEETS
LEGEND:
• INDICATES FD. 1" I.P. TAGGED "LS 7185", FLUSH,
PER TR. NO. 27971-9, M.B. 444 / 25-30.
▪ INDICATES FD. LEAD & TAG "LS 7185", IN TOP OF
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909-335-6116 stantec.com
Stantec
DATE: 8/7/24
PUBLIC
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
PR CITY OF BEAUMONT
SCALE: 1" = 40'
JN: 2042 495812
FILE: 495810V-MX7172
LEGEND:
SHEET 5 OF 12 SHEETS
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• INDICATES FD. 1" I.P. TAGGED "LS 7185", FLUSH,
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909-335-6116 stantec.com
Stantec
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
CITY OF BEAUMONT
DATE: 8/7/24
SCALE: 1" = 40'
JN: 2042 495812
FILE: 495810V-MX7172
SHEET 6 OF 12 SHEETS
LEGEND:
• INDICATES FD. 1" I.P. TAGGED "LS 7185", FLUSH,
PER TR. NO. 27971-9, M.B. 444 / 25-30.
▪ INDICATES FD. LEAD & TAG "LS 7185", IN TOP OF
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San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
PUBLIC WOI S AR CITY OF BEAUMONT
DATE: 8/7/24
SCALE: 1" = 40'
JN: 2042 495812
FILE: 495810V-MX7172
LEGEND:
SHEET 7 OF 12 SHEETS
• INDICATES FD. 1" I.P. TAGGED "LS 7185", FLUSH,
PER TR. NO. 27971-9, M.B. 444 / 25-30.
▪ INDICATES FD. LEAD & TAG "LS 7185", IN TOP OF
CURB, PER TR. NO. 27971-9, M.B. 444 / 25-30.
❑ INDICATES SET LEAD & TAG "LS 7185 TIE",
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78 64
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San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
SCALE: 1" = 40'
JN: 2042 495812
DATE: 8/7/24
PUBLIC \W ActtiO CITY OF BEAUMONT
FILE: 495810V-MX7172
LEGEND:
• INDICATES FD. 1" I.P. TAGGED "LS 7185", FLUSH,
PER TR. NO. 27971-9, M.B. 444 / 25-30.
▪ INDICATES FD. LEAD & TAG "LS 7185", IN TOP OF
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59 5 735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
SCALE: 1" = 40'
JN: 2042 495812
DATE: 8/7/24
PUBLIC 06Falt Ibt14ActtiON-TU CITY OF BEAUMONT
FILE: 495810V-MX7172
LEGEND:
• INDICATES FD. 1" I.P. TAGGED "LS 7185", FLUSH,
PER TR. NO. 27971-9, M.B. 444 / 25-30.
▪ INDICATES FD. LEAD & TAG "LS 7185", IN TOP OF
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San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
SCALE: 1" = 40'
JN: 2042 495812
DATE: 8/7/24
PUBLIC AR CITY OF BEAUMONT
FILE: 495810V-MX7172
SHEET 10 OF 12 SHEETS
LEGEND:
• INDICATES FD. 1" I.P. TAGGED "LS 7185", FLUSH,
PER TR. NO. 27971-9, M.B. 444 / 25-30.
▪ INDICATES FD. LEAD & TAG "LS 7185", IN TOP OF
CURB, PER TR. NO. 27971-9, M.B. 444 / 25-30.
SEE
SHEET
11 5 735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
CITY OF BEAUMONT
DATE: 8/7/24
SCALE: 1" = 40'
JN: 2042 495812
FILE: 495810V-MX7172
LEGEND:
SHEET 11 OF 12 SHEETS
• INDICATES FD. 1" I.P. TAGGED "LS 7185", FLUSH,
PER TR. NO. 27971-9, M.B. 444 / 25-30.
▪ INDICATES FD. LEAD & TAG "LS 7185", IN TOP OF
CURB, PER TR. NO. 27971-9, M.B. 444 / 25-30.
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IN TOP OF CURB.
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34 SEE
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22 25
M.B. 444 / 25-30
5 735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec
DATE: 8/7/24
PUBLIC
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
AR CITY OF BEAUMONT
SCALE: 1" = 40'
JN: 2042 495812
FILE: 495810V-MX7172
LEGEND:
SHEET 12 OF 12 SHEETS
• INDICATES FD. 1" I.P. TAGGED "LS 7185", FLUSH,
PER TR. NO. 27971-9, M.B. 444 / 25-30.
▪ INDICATES FD. LEAD & TAG "LS 7185", IN TOP OF
CURB, PER TR. NO. 27971-9, M.B. 444 / 25-30.
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30 5 735 East Carnegie Drive, Suite 280
San Bernardino, CA 92408
909-335-6116 stantec.com
Stantec
CENTERLINE TIES
TRACT NO. 27971-9
M.B. 444 / 25-30
CITY OF BEAUMONT
DATE: 8/7/24
PUBLIC
SCALE: 1" = 40'
JN: 2042 495812
FILE: 495810V-MX7172
5 Stantec
August 7, 2024
File: 2042 495812
Robert Vestal
City of Beaumont
Public Works Department
550 E. 6th Street
Beaumont, CA 92223
Stantec Consulting Services Inc.
735 East Carnegie Drive Suite 280, San Bernardino CA 92408-3588 Reference: Final Monuments - Tract No. 27971-9
Dear Robert,
Please be advised that the final monuments for Tract No. 27971-9 have been set. The centerline ties for this map are enclosed for your review and approval.
The developer has compensated us for the setting of these monuments. Please release the monument bond or cash deposit for this map.
Thank you for your help in this matter.
Regards,
Stantec Consulting Services Inc.
Ray E/Mansur, PLS
Senior Principal, Geospatial Services
Phone: (949) 923-6012
[email protected]
\\US0328-PPFSS01 \workgroup\2042\active\2042495810\record\mapping\cl_ties\tr27971-9 Design with community in mind
BEAUMONT
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.ci.beaumont.ca.us
Case No. PW2023-0986
Receipt No. R01302685
Fee $ 3,484.43
Date Paid 2/28/2023
BOND EXONERATION APPLICATION
Bond Type: ®Performance Maintenance ❑ Final Monument Inspection❑Other:
1. Contact's Name Rick Rush Phone (951) 539-5294
2. Contact's Address 1250 Corona Pointe Court Suite 600 Corona, CA 92879 City/State/Zip
5. Contact's E-mail [email protected]
3. Developer Name Tripointe Homes Phone (951) 428-4410
(If corporation or partnership application must include names of principal officers or partners)
4. Developer Address 1250 Corona Pointe Court Suite 600 Corona, CA 92879 City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
Sewer Bond
Bond Number 929644897
Tract 31470-4
6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
Rick Rush
Azei
02/23/2023
Print Name and Sign — Contact/Applicant Date
7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City.
Rick Rush
02/23/2023
Print Name and Sign — Contact/Applicant Date
8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
• Remove and replace concrete and AC as needed where lifting. • Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slurry coat for all road surfaces.
• Restore/Verify pavement striping/markings.
• Restore/Verify blue dots and signage as needed.
• Clean and camera sewer. Provide report and video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade within Right -of -Way. • Provide Landscape Architects Certification as required.
Rick Rush 02/23/2023
Print Name and Sign — Contact/Applicant Date
BEAUMONT
Punch List
Project Name: Tri-Pointe Sundance North
Sewer PW 2023-0986
Inspected By: Alex Stanko
Item
No.
Description
Provide as -built plans.
Tract No. 31470-4
Bond No. 929644897 (Performance
2 Ensure all sewer manhole lids follow
EMWD Stds.
Page:1 Date: 03-24-2023
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
Alex Stanko Alex Stanko
03-24-2023
Alex Stanko
03-24-2023
05-24-2023
Alex Stanko
05-24-2023
[COMPANY NAME]
Bond No. 929644897-M
Premium is included in Performance Bond.
MAINTENANCE BOND
Tri Pointe Homes IE-SD, Inc., fka: Pardee Homes
WHEREAS, the City of Beaumont ("City"), a municipal corporation, and (hereinafter "Principal"), have entered into an agreement by which Principal agrees to install and complete certain designated public improvements and to guarantee and warrant the work for the period of one year following its completion and acceptance, which said agreement, dated April 24, 2017 , and identified as Tract 31470-4 - PA 30 is hereby referred to and made a part hereof; and:
Sewer Improvements
WHEREAS, Principal is required under the terms of the agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of the agreement.
The Continental Insurance Company
NOW, THEREFORE, we, the Principal and ("Surety") admitted and duly authorized to transact business under the laws of the State of California as surety, are held and firmly bound unto the City of Beaumont as obligee, in the penal sum of *** dollars ($ 45,741.25) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents. ***Forty -Five Thousand Seven Hundred Forty -One and 25/100 Dollars*** The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the agreement and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Beaumont, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the agreement, the obligation of the Principal and surety under this bond shall remain in effect for a period of one (1) year after the completion and acceptance of the work. During that time, if the Principal or his or its heirs, executors, administrators, successors or assigns, fails to make full, complete and satisfactory repair and replacement or totally protect the City from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the work, then the obligation shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety shall continue so long as any obligation of the Principal remains.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Beaumont in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The 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 the specifications accompanying the same 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 or to the work or to the specifications. The Surety waives all rights of subrogation against the City or any person employed by the City.
[signatures on following page]
SIGNED AND SEALED THIS 14th DAY OF August
(Seal)
20 24
(Seal)
SURETY PRINCIPAL
The Continental Insurance Company Tri Pointe Homes IE-SD, Inc., fka: Pardee Homes By: / By:
(Name)
Michelle Haase
(Title)
Attorney -in -Fact
(Address)
2 Park Plaza, Suite 400
(Name)
CClf \ Orlf \IN1 s r)
(Title) ,,
1C.e, c lde +t
(Address)
1250 Corona Pointe Court, Suite 600
Irvine, CA 92614 Corona, CA 92879
949-399-4971 951-529-7795
ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC
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 Riverside
On 08/20/2024 before me, Edelmira Gonzales / Notary Public (insert name and title of the officer)
personally appeared Brian Ortwein
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 .C1,QQ)cy (Seal)
EDELMIRA GONZALES
NOTARY PUBLIC - CALIFORNIA ;,
COMMISSION # 2466323 g
RIVERSIDE COUNTY
My Comm. Exp. October 12, 2027
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Oranae
On
AUG 1 4 2024
before me,
}
Janina Monroe, Notary Public
(Here insert name and bile of the officer)
personally appeared Michelle Haase
who proved to me on the basis of satisfactory evidence to be the person* whose name(s) islittg subscribed to the within instrument and acknowledged to me that Ite/she/thoy executed the same in kis/her/tom authorized capacity¢ie0 and that by imisdher//daaak signature,* on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS v • and official seal.
Notary Pu
ADDITI
ignature
(Notary Public Seal)
AL OPTIONAL 1NFORMAT ON
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
Gt Attomey-in-Fact
❑ Trustee(s)
• Other
JANINA MONROE
Notary Public - California
Orange County
Commission, rr 240665e
My Ccam. Ex,ires J..' 25. 2C25
INSTRUCTIONS FOR COMPLETING THIS FORM
This form comphes with current California statutes regarding notary wording and, if needed. should he completed and anached to the document, Acknolwedgents front other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California nnlmy law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment, • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization.
• indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he;she4bey;- is tare ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • the notary seal impression must be clear and photographically reproducible. tinpresston must not cover text or lines. If seal impression smudges. re -seal if a sufficient area pennits, otherwise complete a different acknowledgment form. • :Signature of the notary public must match the signature on file with the orrice of the county clerk.
4 Additional information is not required hut could help to ensure this acknowledgment is not misused or attached to a different document. • indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (i.e. CFO, CFO. Secretary). • Securely attach this doewnent to the signed document with a staple.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Marina Tapia, Janina Monroe, Michelle Haase, Timothy J Noonan, Edward C Spector, Aidan Smock, Jaren A Marx, Erin Brown, Charles R Teter III, Simone Gerhard, B Aleman, K D Wapato, Rachel A Mullen, D Garcia, Sandra Corona, Jennifer Ochs, Ethan Spector, Sarah Campbell, Individually
of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 29th day of April, 2024. ••••..
•�
The Continental Insurance Company,
R.
ti
State of South Dakota, County of Minnehaha, ss: ~•" �""• On this 29th day of April, 2024, before me personally came Larry Kasten to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. dittl
Larry Kasten / R Vice President
+ ... +
M. BENT
e�NOTARY PUBLIC
4l"L"JSOUTH DAKOTA �i
My Commission Expires March 2, 2026
Notary Public
M. Bent
CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolutions of the Board of Directors of the insurance company printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 14th day of August, 2024.
The Continental Insurance Company
n
Paula Kolsrud Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This Power of Attomey is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company."
This Power of Attomey may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." Form F6850-6-2023