Agenda packet — Beaumont City Council, March 4, 2025 (part 3 of 13)

932401228- WIRE0016 (DSI Rev. 12/07/17)
TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved

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ATTACHMENT ONE

CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1990 (11-09-18)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART II
(Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here) Attachment One (11/04/22)

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ATTACHMENT ONE
(CONTINUED)

CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE OWNER'S POLICY (02-04-22)

EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.

Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.

2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.

3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.

5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.

6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy.

Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7 Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.

This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:

PART I

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.

4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.

6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.

7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.

PART II
(Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here) Attachment One (11/04/22)

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ATTACHMENT ONE
(CONTINUED)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (7-01-21)

EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.

Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.

2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.

3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy;
c. resulting in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5,

8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.

4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.

Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.

5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 30.

7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance.

9. Any lien on Your Title for real estate taxes or assessments, imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a or 27.

10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19 and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Covered
Covered
Covered
Covered
Risk 16:

Risk 18:

Risk 19:

Risk 21:

Your Deductible Amount

1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)

1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)

1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
Our Maximum Dollar Limit of Liability
$ 10,000.00
$ 25,000.00
$ 25,000.00
$ 5,000.00

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Attachment One (11/04/22)

ATTACHMENT ONE
(CONTINUED)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)

EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title.

6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.

This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.

8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence.

9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 10,000.00
$ 25,000.00
$ 25,000.00
$ 5,000.00

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Attachment One (11/04/22)

ATTACHMENT ONE
(CONTINUED)
ALTA OWNER'S POLICY (07-01-2021)

EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.

2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.

5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.

6. Any lien on the Title for real estate taxes or assessments, imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.

7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below:

2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.

6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.

Attachment One (11/04/22)

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ATTACHMENT ONE
(CONTINUED)
2006 ALTA OWNER'S POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of:

NOTE: The 2006 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below:

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.

6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.]

Attachment One (11/04/22)

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Exhibit Page for Plat Image Printed: 07.24.24 @ 12:40 PM by SCA0002944.doc / Updated: 03.06.23 Page 1 CA-CW-FXFC-02620.201354-932401228

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Commonwealth

NATIONAL COMMERCIAL SERVICES
Escrow No.: 932401228
Property: 1343 E 8th Street, Beaumont, CA 92223-2411

OWNER'S DECLARATION
The undersigned hereby declares as follows:

1. (Fill in the applicable paragraph and strike the other) A. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 1343 E 8th Street, Beaumont, CA 92223-2411, further described as follows: See Preliminary Report/Commitment No. 932401228 for full legal description (the "Land").

B. Declarant is the of ("Owner"),
which is the owner or lessee, as the case may be, of certain premises located at 1343 E 8th Street, Beaumont, CA 92223-2411, further described as follows: See Preliminary Report/Commitment No. 932401228 for full legal description (the "Land").

2. (Fill in the applicable paragraph and strike the other) A. During the period of six (6) months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever.

B. During the period of six (6) months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatsoever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant,
agrees to and does hereby indemnify and hold harmless Commonwealth Land Title Insurance Company against any and all claims arising therefrom.

3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land.

4. Except as shown in the above referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above referenced Preliminary Report/Commitment.

5. The Land is currently in use as
occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land:

6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land.

7. There are no outstanding options to purchase or rights of first refusal affecting the Land.

8. Between the most recent Effective Date of the above referenced Preliminary Report/Commitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land.

Owner's Declaration Printed: 07.24.24 @ 12:42 PM by
SCA0002873.doc / Updated: 07.18.24

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OWNER'S DECLARATION
(continued)

9. That the undersigned has not received any written notice of violation of any covenants, conditions or restrictions, if any, affecting the Land.

10. That there are no outstanding unpaid sellers or suppliers of PACA/PASA commodities or products incurred by the Lessee, except:

11. That no notices of claim or notices of intent to preserve claim rights have been received by the Company from PACA/PASA sellers or suppliers of the Lessee, except:

This declaration is made with the intention that Commonwealth Land Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys' fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. Additionally, Owner, by the undersigned Declarant, agrees to indemnify and hold the Company harmless during the gap period between the last title examination of the Land that was conducted by, for and/or on behalf of the Company, and the time when the deed, assignments and any other documents creating priority of title are recorded in connection with the sale and/or transfer of the Land.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on July 24, 2024 at 12:42 PM.

Ncrc Beaumont Lp
BY:

Owner's Declaration Printed: 07.24.24 @ 12:42 PM by
SCA0002873.doc / Updated: 07.18.24

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Commonwealthx
NATIANAI. COMMMF.RCIAI. SF.RVICF.S
Escrow No.: 932401228

STATEMENT OF INFORMATION

CONFIDENTIAL INFORMATION

FOR YOUR PROTECTION
Completion of this statement expedites your application for title insurance, as it assists in establishing identity, eliminating matters affecting persons with similar names and avoiding the use of fraudulent or forged documents. Complete all blanks (please print) or indicate "none" or "N/A." If more space is needed for any item(s), use the reverse side of the form. Each party (and spouse/domestic partner, if applicable) to the transaction should personally sign this form.

NAME AND PERSONAL INFORMATION
Date of Birth
First Name Middle Name Last Name Maiden Name
(If none, indicate)
Home Phone Business Phone Birthplace
Cell Phone Fax Email
Social Security No. Driver's License No.

List any other name you have used or been known by
State of residence I have lived continuously in the U.S.A. since Are you currently married? ❑ Yes ❑ No Are you currently a registered domestic partner? ❑ Yes ❑ No If yes, complete the following information:

Date and place of marriage
Spouse/Domestic Partner Date of Birth
First Name Middle Name Last Name Maiden Name
(If none, indicate)
Home Phone Business Phone Birthplace
Cell Phone Fax Email
Social Security No. Driver's License No.

List any other name you have used or been known by
State of residence I have lived continuously in the U.S.A. since Child Name:

Child Name:

Date of Birth:

CHILDREN
Child Name:

Child Name:
(if more space is required, use reverse side of form)
RESIDENCES (LAST 10 YEARS)
Date of Birth:

Date of Birth:

Number & Street
City From (date) to (date)
Number & Street
City From (date) to (date)
(if more space is required, use reverse side of form)
OCCUPATIONS/BUSINESSES (LAST 10 YEARS)
Firm or Business Name
Address From (date) to (date)
Firm or Business Name
Address From (date) to (date)
(if more space is required, use reverse side of form)
SPOUSE'S/DOMESTIC PARTNER'S OCCUPATIONS/BUSINESSES (LAST 10 YEARS) Firm or Business Name
Address From (date) to (date)
Firm or Business Name
Address From (date) to (date)
(if more space is required, use reverse side of form)
Statement of Information (UE-34 (Rev. 06-08)) Printed: 07.24.24 @ 12:42 PM by SCA0000279.doc / Updated: 10.10.19

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STATEMENT OF INFORMATION

CONFIDENTIAL INFORMATION FOR YOUR PROTECTION
(continued)
PRIOR MARRIAGE(S) and PRIOR DOMESTIC PARTNERSHIP(S)
Any prior marriages or domestic partnerships for either person? If yes, complete the following:

Prior spouse's (Party A) name: Prior Spouse of Party A:

Marriage ended by: ❑ Death ❑ Divorce/Dissolution ❑ Nullification Date of Death/Divorce:

Prior spouse's (Party B) name: Prior Spouse of Party B: Spouse Marriage ended by: ❑ Death ❑ Divorce/Dissolution ❑ Nullification Date of Death/Divorce:
(if more space is required, use reverse side of form)

INFORMATION ABOUT THE PROPERTY
Buyer intends to reside on the property in this transaction: ❑ Yes ❑ No Owner to complete the following items
Street Address of Property in this transaction:

The land is ❑ unimproved; or improved with a structure of the following type: ❑ A Single or 1-4 Family ❑ Condo Unit ❑ Other Improvements, remodeling or repairs to this property have been made within the past six (6) months: ❑ Yes ❑ No If yes, have all costs for labor and materials arising in connection therewith been paid in full? ❑ Yes ❑ No Any current loans on property? If yes, complete the following:

Lender Loan Amount Loan Account No.

The undersigned declare, under penalty of perjury, that the foregoing is true and correct.

IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.

Signature Date
Print Name
Signature Date
Print Name
(Note: If applicable, both spouses/domestic partners must sign.) THANK YOU.

Statement of Information (UE-34 (Rev. 06-08)) Printed: 07.24.24 @ 12:42 PM by SCA0000279.doc / Updated: 10.10.19

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BEAUMONT

O R N I A
Staff Report
TO: City Council
FROM: Robert Vestal, Director of Public Works
DATE March 4, 2025
SUBJECT: Improvement Agreement and Security
Description Improvement Agreement and Security for Sewer, Street, and Storm Drain Improvements for Parcel Map 38953, Tract 31462-17, Tract 31462-19, Tract 31462-27, Tract 31462-28, and Tract 31462-29.

Background and Analysis:

The City requires all developers to provide security for public improvements consisting of, but not limited to, sewer, street, storm drain, utility, and survey monuments per City of Beaumont Municipal Code 16.56.010.

On August 20, 2024, City Council approved Tentative Parcel Map No. 38953 (PM2024- 0003) subject to the Development Agreement and conditions of approval. Refer to Figure 1, Vicinity Map, for Project Location.

Figure 1- Vicinity Map

CHERRY VALLEY BLVD

OAK VALLEY PARKWAY
kly
..___ TIC

VICINITY MAP

NOT TO SCALE

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Tentative Parcel Map No. 38953 proposes to subdivide 110.19 acres into six (6) lots, as shown in Figure 2 — Parcel Map Layout.
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,280, ACRES
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Figure 2- Parcel Map Layout
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Meritage Homes of California, Inc. (Owner), is proposing to construct all sewer, street, and storm drain improvement work associated with the following improvements:
• Public Works File No. 2024-0018, as shown on City File No. 3492, under Performance and Payment Bond No. SU1203632 for PM 38953. • Public Works File No. 2024-0019, as shown on City File No. 3493, under Performance and Payment Bond No. SU1203633 for PM 38953. • Public Works File No. 2024-0022, as shown on City File No. 3494, under Performance and Payment Bond No. 024279659 for TR 31462-17. • Public Works File No. 2024-0023, as shown on City File No. 3499, under Performance and Payment Bond No. 024279670 for TR 31462-17. • Public Works File No. 2024-0024, as shown on City File No. 3495, under Performance and Payment Bond No. 024279672 for TR 31462-19.

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• Public Works File No. 2024-0025, as
Performance and Payment Bond No.
• Public Works File No. 2024-0026, as
Performance and Payment Bond No.
• Public Works File No. 2024-0027, as
Performance and Payment Bond No.
• Public Works File No. 2024-0028, as
Performance and Payment Bond No.
• Public Works File No. 2024-0029, as
Performance and Payment Bond No.
• Public Works File No. 2024-0030, as
Performance and Payment Bond No.
• Public Works File No. 2024-0033, as
Performance and Payment Bond No.
• Public Works File No. 2024-0034, as
Performance and Payment Bond No.
• Public Works File No. 2024-0035, as
Performance and Payment Bond No.
• Public Works File No. 2024-0036, as
Performance and Payment Bond No.
• Public Works File No. 2024-0037, as
Performance and Payment Bond No.
• Public Works File No. 2024-0038, as
Performance and Payment Bond No.
shown on City File No. 3500, under
024279658 for TR 31462-19.
shown on City File No. 3496, under
024279660 for TR 31462-27.
shown on City File No. 3497, under
024279671 for TR 31462-28.
shown on City File No. 3501, under
024279661 for TR 31462-28.
shown on City File No. 3498, under
024279662 for TR 31462-29.
shown on City File No. 3502, under
024279673 for TR 31462-29.
shown on City File No. 3503, under
1113787 for PM 38953.
shown on City File No. 3504, under
1113786 for TR 31462-17.
shown on City File No. 3505, under
024279663 for TR 31462-19.
shown on City File No. 3506, under
024279664 for TR 31462-27.
shown on City File No. 3507, under
024279665 for TR 31462-28.
shown on City File No. 3508, under
024279666 for TR 31462-29.

The Owner has provided a security agreement and security in the form of a bond for the public improvements. The agreement has been reviewed by staff and found to be consistent with the Beaumont Municipal Code. The following table is a summary of the security.

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Table 1
Bond Number
Security Type
Type of Improvement
Principal
SU1203632
Performance &
Payment Bond
Backbone Street
Meritage Homes of
California, Inc.

SU1203633
Performance &
Payment Bond
Backbone Storm Drain
Meritage Homes of
California, Inc.
024279659
Performance &
Payment Bond
Street
Meritage Homes of
California, Inc.
024279670
Performance &
Payment Bond
Storm Drain
Meritage Homes of
California, Inc.
024279672
Performance &
Payment Bond
Street
Meritage Homes of
California, Inc.
024279658
Performance &
Payment Bond
Storm Drain
Meritage Homes of
California, Inc.
024279660
Performance &
Payment Bond
Street
Meritage Homes of
California, Inc.
024279671
Performance &
Payment Bond
Street
Meritage Homes of
California, Inc.
024279661
Performance &
Payment Bond
Storm Drain
Meritage Homes of
California, Inc.
024279662
Performance &
Payment Bond
Street
Meritage Homes of
California, Inc.
024279673
Performance &
Payment Bond
Storm Drain
Meritage Homes of
California, Inc.
1113787
Performance &
Payment Bond
Backbone Sewer
Meritage Homes of
California, Inc.
1113786
Performance &
Payment Bond
Sewer
Meritage Homes of
California, Inc.
024279663
Performance &
Payment Bond
Sewer
Meritage Homes of
California, Inc.
024279664
Performance &
Payment Bond
Sewer
Meritage Homes of
California, Inc.
024279665
Performance &
Payment Bond
Sewer
Meritage Homes of
California, Inc.
024279666
Performance &
Payment Bond
Sewer
Meritage Homes of
California, Inc.

City staff recommends that City Council accept the Security Agreement and securities listed in Table 1.

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Fiscal Impact:

The cost of preparing the staff report is estimated to be $350. The developer maintains all associated improvements during construction and maintenance period. The City is not liable for public improvement maintenance until the public improvements are accepted into the City's publicly maintained system.

Recommended Action:

Accept Security Agreement and Performance and Payment Bonds for (Project / Bond number / Improvement): PM 38953 / SU1203632 / Backbone Street, PM 38953 / SU1203633 / Backbone Storm Drain, TR 31462-17 / 024279659 / Street, TR 31462-17 / 024279670 / Storm Drain, TR 31462-19 / 024279672 / Street, TR 31462-19 / 024279658 / Storm Drain, TR 31462-27 / 024279660 / Street, TR 31462-28 / 024279671 / Street, TR 31462-28 / 024279661 / Storm Drain, TR 31462-29 / 024279662 / Street, TR 31462-29 / 024279673 / Storm Drain, PM 38953 / 1113787 / Backbone Sewer, TR 31462-17 / 1113786 / Sewer, TR 31462-19 / 024279663 / Sewer, TR 31462-27 / 024279664 / Sewer, TR 31462-28 / 024279665 / Sewer, and TR 31462- 29 / 024279666 / Sewer
Attachments:

A. PW2024-0018 - PM 38953 Backbone Street Bond SU1203632 B. PW2024-0019 - PM 38953 Backbone Storm Drain Bond SU1203633 C. PW2024-0022 - TR 31462-17 Street Bond 024279659
D. PW2024-0023 - TR 31462-17 Storm Drain Bond 024279670 E. PW2024-0024 - TR 31462-19 Street Bond 024279672
F. PW2024-0025 - TR 31462-19 Storm Drain Bond 024279658 G. PW2024-0026 - TR 31462-27 Street Bond 024279660
H. PW2024-0027 - TR 31462-28 Street Bond 024279671
I. PW2024-0028 - TR 31462-28 Storm Drain Bond 024279661 J. PW2024-0029 - TR 31462-29 Street Bond 024279662
K. PW2024-0030 - TR 31462-29 Storm Drain Bond 024279673 L. PW2024-0033 - PM 38953 Backbone Sewer Bond 1113787
M. PW2024-0034 - TR 31462-17 Sewer Bond 1113786
N. PW2024-0035 - TR 31462-19 Sewer Bond 024279663
O. PW2024-0036 - TR 31462-27 Sewer Bond 024279664
P. PW2024-0037 - TR 31462-28 Sewer Bond 024279665
Q. PW2024-0038 - TR 31462-29 Sewer Bond 024279666

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RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

City Clerk
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL NO. 38953
DATE OF AGREEMENT: 4/572024
NAME OF SUBDIVIDER: Meritage Homes of California, Inc. , a California Corporation . (hereinafter referred to as "Subdivider")
NAME/NUMBER OF DEVELOPMENT:
366 residential
38953
subdivision consisting of
, originally approved on
lots,
9/22/23 , and Tentative Tract/Parcel ("Tract/Parcel" or "Tentative Tract/Parcel Map"), originally approved on:

FINAL TRACT/PARCEL MAP

RECORDED ON
APPROVED ON _

AS INSTRUMENT NUMBER
"Final Tract Ma /Final Parcel Ma "
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").

EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ 1,168,612.75
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: Su i203632..

LETTER OF CREDIT NUMBERS:

FINANCIAL INSTITUTION: Arch Insurance Company

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THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as "City"), and Meritage Homes of California, Inc. , a California Corporation (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".

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G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract/Parcel 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 rights -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.

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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:
(i)1,168,612.75 and 00/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii)1,168,612.75 and 00/100 DOLLARS ($X)X,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) _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) 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 Page4of19

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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 Page5of19

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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.

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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.

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(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

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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

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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

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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 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

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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 corrector 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 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

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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 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

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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.

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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 Subdivider's 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

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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) Rec. uired 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.

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(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

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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 Lands 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.

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IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.

Subdivider:
ri f -c? 9e He>m v -f 62[r-f(jrYiU,
�rx ;`{vmicz a
Signature:

Print Name: M64 1--1 S :s
Attachments: Exhibit A
Exhibit B
Exhibit C
City:

CITY OF BEAUMONT
a Municipal Corporation
Signature:

ATTEST:

City Manager
ity Cler

APPROVED AS TO FORM
n Pinkney, ity Attorney
APPROVED AS TO CONTENT:

Robert VP-5tesi
Legal description of Property
Cost estimate(s)
Performance & Payment Bond OR Cash Bond
Public Works Mifthir
(Proper Notarization of Subdivider's Signature is required and shall be attached)

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CALIFORNIA 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 Orange Jr
On September 05, 2024
Date
before me,
Andrew Salazar, Notary Public
Here Insert Nome and Title of the Officer
personally appeared Nick Emsiek
Name(4 of Signerf4
who proved to me on the basis of satisfactory evidence to be the personle) whose nam- we subscribed to the within instrument and acknowle• aed to me thatjshe/they executed the same in hi thrir authorized capacity(i8)), and that by hi -rh 7 signature(g) on the instrument the person(s)', or the entity upon behalf of which the persons) acted, executed the instrument.

ANDREW SALAZAR
Notary Public - California L Orange County
Commission # 2365034 -
My Comm. Expires Jul 10, 2025
Place Notary Seal and/or Stamp 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
re of Notary Public
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:

Number of Pages:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Guardian or Conservator
❑ Trustee
❑ Other:

Signer is Representing:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer is Representing:
©2019 National Notary Association

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PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00207858-RT4
EXHIBIT "A"

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BEAUMONT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

TRACT NO. 31462-19, BEING A DIVISION OF PARCEL 5 OF PARCEL MAP NO. 38953, IN THE CITY OF

BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED IN BOOK , PAGES THROUGH , INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY.

EXCEPTING THEREFROM THE ABOVE PARCEL ANY AND ALL NATURAL OIL, OIL RIGHTS,

MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER

HYDROCARBONS BY WHATSOEVER NAME KNOWN AND ALL RIGHTS THEREIN, GEOTHERMAL STEAM,

AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE

LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND

OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY

OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND

MINE FROM PROPERTY OTHER THAN THE LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO,

THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR

DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE

EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND

OPERATE ANY SUCH WELLS, TUNNELS OR SHAFTS, WITHOUT THE RIGHT TO DRILL, MINE, STORE OR EXCAVATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OR THE LAND AS RESERVED BY OAK VALLEY PARTNERS, L.P., A TEXAS LIMITED PARTNERSHIP WHICH IS REGISTERED IN CALIFORNIA AS OVP, L.P., IN A GRANT DEED RECORDED NOVEMBER 14, 2003 AS INSTRUMENT NO. 2003-899365 OF OFFICIAL RECORDS.

ANY AND ALL WATER, WATER RIGHTS OR INTERESTS THEREIN APPURTENANT OR RELATING TO THE

LAND OR OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND (NO

MATTER HOW ACQUIRED BY GRANTOR), WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN,

OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,

STATUTORY OR CONTRACTUAL, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL,

REMOVE AND RESTORE THE SAME FROM OR IN THE LAND OR TO DIVERT OR OTHERWISE UTILIZE

SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED BY OR LEASED BY

GRANTOR, WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS; PROVIDED, HOWEVER, ONLY IF AND TO THE EXTENT THAT SUCH RIGHTS ARE NOT

USED BY GRANTEE IN ITS USE AND ENJOYMENT OF THE LAND AS RESERVED BY OAK VALLEY PARTNERS, L.P., A TEXAS LIMITED PARTNERSHIP, WHICH IS REGISTERED IN CALIFORNIA AS OVP, L.P., IN A GRANT DEED RECORDED NOVEMBER 14, 2003 AS INSTRUMENT NO. 2003-899365 OF OFFICIAL RECORDS.

PORTION OF APN: 413-790-074
CLTA Preliminary Report Form — Modified (11/17/06)

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CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT NO.: BACKBONE ST. and S.D
No further comments
NV5
06/20/2024
DATE: 29 -May -24
PP, CUP NO.:

BY: Meritage Homes

IMPROVEMENTS
FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
( of Estimated Construction Costs)
Streets/Drainage
Sewer
Total
Warranty Retension (10%)
Street/Drainage Plan Check Fees =
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =
$
$
1,168,612.75
$ 1,168,612.75
$ 116,861.28

DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS 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 for determining bonding, plan check and inspection costs.

Above amounts do In include additional 20% for recordation prior to having signed plans Above amounts do not
r7includeadditional 20% for recordation prior to having signed plans 29 -May -24
Engineer's Signature Date
Michael Sutton
Name typed or printed
FORM $ UNIT COSTS REVISED 09/06
Civil Engineer's Stamp
*****PLEASE READ 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 Beaumont Unit Costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used.

Page 285 of 1595 ends

5/29/2024

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

BACKBONE ST. and S.D
DATE: 29 -May -24

STREET IMPROVEMENTS
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
Roadway Excavation
C.Y.

1. Projects with a grading plan area x 0.50'
(hinge joint to hinge point)(xx s)
$ 15.00
$ -

2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fill (f) =
C.Y. (c or f)
(a.) Excavate and Fill
$ 0.40
$ -
C.Y. (f - c)
(b.) Excavate and Export
$ 1.10
$ -
(c.) Import and Fill
$ 2.80
$ -
If balance, provide (a.) only, either cut or fill
If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
S.F.

Grinding A.C. in place
$ 1.00
$ -
S.F.

Remove A.C. Pavement
$ 1.00
$ -
L.F.

Remove Curb and Gutter
$ 6.00
$ -
L.F.

Remove A.C. Dike
$ 3.00
$ -
712
S.F.

Remove Sidewalk
$ 3.00
$ 2,136
150
L.F.

Sawcut & Remove Exist. A.C. Pavement
$ 2.00
$ 300
S.F.

Cold Plane A.C. Pavement
$ 1.00
$ -
E.A.

Relocate Mailbox
$ 250.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -

Page 286 of 1595 ends

5/29/2024

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

BACKBONE ST. and S.D
DATE: 29 -May -24
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
L.F.

Remove Chain Link Fence
$ 2.50
$ -
EA.

Remove Barricade
$ 200.00
$ -
2,390
TON
Asphalt Concrete - 144 lbs/cu. Ft.
(On -Site 99,597 SF @ 4" thickness Ft.)
$ 90.00
$ 215,100
2,152
C.Y.

Aggregate Base Class II (OnSite 99,597 SF @ 7"
thicknessFt.)
$ 50.00
$ 107,600
4 TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) (On -Site 99,597 SF)
apply at 0.05 + 0.03 = 0.08 gal/SY
$ 600.00
$ 2,160
387
S.F
AC overlay (min. 0.10')
If export, provide (a) & (b), a=fill, b=cut-fill
If import, provide (a)&(C), a=cut, c=fill-cut
(Unit costs for (a), (b) & (C) are 20% of
actual costs to assure that work will be
corrected to eliminate hazardous conditions.)
$ 1.00
$ 387
L.F.

Curb and Gutter (Wedge Curb)
$ 8.00
$ -
5,717
L.F.

Curb and Gutter (Type A-6)
$ 10.00
$ 57,170
L.F.

Curb and Gutter (Type A-8)
$ 12.00
$ -
L.F.

Type "C" Curb
$ 10.00
$ -
L.F.

Type "D" Curb
$ 15.00
$ -
L.F.

A.C. Dike (6") (incl. material & labor)
$ 8.00
$ -
L.F.

A.C. Dike (8") (incl. Material & labor)
$ 10.00
$ -
5,003
S.F.

P.C.C. Cross Gutter and Spandrels
$ 10.00
$ 50,030
34,302
S.F.

P.C.C. Sidewalk
$ 6.00
$ 205,812
S.F.

P.C.C. Drive Approach
$ 8.00
$ -
16 EA.

Handicapped Access Ramp
$ 1,500.00
$ 24,000
4,416
S.F.

P.C.C. Drive Approach
(individual lot driveway approach per finished grading plan) $ 8.00
$ 35,328
387
S.F.

Cold Plane & Overlay Exist. A.C. Paving
$ 4.00
$ 1,548
$ -
$ -
$ -

Page 287 of 1595 ends

5/29/2024

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

BACKBONE ST. and S.D
DATE: 29 -May -24
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
6 EA.

Street Name Sign
$ 275.00
$ 1,650
EA.

Delineators -per Caltrans Std. A73C,
Class 1, Type F
$ 45.00
$ -
EA.

Object Markers - Modified Type F
Delineators, Riverside County
$ 60.00
$ -
333
L.F.

Barricades
$ 28.00
$ 9,324
2,500
L.F.

Utility Trench, one side (Edison, Telephone, Cable)
(Total length of streets)
$ 10.00
$ 25,000
L.F.

Chain Link Fence (6')
$ 12.00
$ -
L.F.

Remove Fence
$ 4.00
$ -
EA.

Relocate Power Pole
$ 10,000.00
$ -
EA.

Street Lights (including conduit)
$ 5,000.00
$ -
48 EA.

Street Trees (15 gallon)
$ 150.00
$ 7,200
L.S.

Landscape and Irrigation
$ -
$ -
EA.

Concrete Bulkhead
$ 200.00
$ -
C.Y.

Structural Reinforced Concrete
$ 400.00
$ -
EA.

Slope Anchors for Pipes
$ 300.00
$ -
L.F.

Cut Off Wall (Std. 2')
$ 5.50
$ -
EA.

A.C. Overside Drain
$ 500.00
$ -
EA.

Under Sidewalk Drain Std. 309
$ 2,000.00
$ -
EA.

Flat Outlet Drainage Structure Std. 303
$ 500.00
$ -
EA.

Curb Outlet Drainage Structure Std. 308
$ 500.00
$ -
S.F.

Terrace Drains and Down Drains
$ 6.50
$ -
S.F.

Interceptor Drains
$ 6.50
$ -
EA.
"STOP" Pavement Marking
$ 200.00
$ -
L.F.

Limit Line
$ 2.00
$ -
EA.

R1 "STOP SIGN"
$ 250.00
$ -
EA.

W53 "NOT A THROUGH STREET"
$ 250.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -

Page 288 of 1595 ends

5/29/2024

Page 289 of 1595 ends

5/29/2024

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

BACKBONE ST. and S.D
DATE: 29 -May -24
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
C.Y.

Rip Rap (1/4 Ton) Method B
$ 40.00
$ -
C.Y.

Rip Rap (1/2 Ton) Method B
$ 45.00
$ -
C.Y.

Rip Rap (1 Ton) Method B
$ 50.00
$ -
C.Y.

Rip Rap (2 Ton) Method B
$ 55.00
$ -
C.Y.

Grouted Rig Rap (1/4 Ton) Method B
$ 60.00
$ -
C.Y.

Grouted Rip Rap (1/2 Ton) Method B
$ 67.00
$ -
C.Y.

Grouted Rip Rap (1Ton) Method B
$ 75.00
$
C.Y.

Grouted Rip Rap (2 Ton) Method B
$ 80.00
$ -
703
L.F.
18" R.C.P.
$ 60.00
$ 42,180
669
L.F.
24" R.C.P.
$ 70.00
$ 46,830
134
L.F.
30" R.C.P.
$ 80.00
$ 10,720
222
L.F.
36" R.C.P.
$ 90.00
$ 19,980
25 L.F.
42" R.C.P.
$ 100.00
$ 2,500
438
L.F.
48 " RCP
$ 110.00
$ 48,180
L.F.
54" RCP
$ 135.00
$ -
L.F.
60" RCP
$ 160.00
$ -
L.F.
72" RCP
$ 200.00
$ -
EA.

H.D.P.E. Clean Out
$ 400.00
$ -
EA.

Drain Basin
$ 400.00
$ -
EA.

Curb Outlet
$ 3,000.00
$ -
EA.

Fossil Filters
$ 500.00
$ -
EA.
18" C.M.P. Wye
$ 500.00
$ -
EA.

Riprap Headwall
$ 1,000.00
$ -
1 EA.

Concrete Collar
$ 250.00
$ 250
EA.

Outlet Structure
$ 10,000.00
$ -
$ -
$ -
$ -

Page 290 of 1595 ends

5/29/2024

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

BACKBONE ST. and S.D
DATE: 29 -May -24
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
L.F.
60" C.S.P.
$ 115.00
$ -
EA.

Catch Basin W = 4'
$ 1,700.00
$ -
1 EA.

Catch Basin W = 7'
$ 3,000.00
$ 3,000
EA.

Catch Basin W = 10'
$ 4,000.00
$ -
8 EA.

Catch Basin W = 14'
$ 5,500.00
$ 44,000
EA.

Catch Basin W = 21'
$ 9,000.00
$ -
EA.

Type IX Inlet
$ 2,500.00
$ -
EA.

Type X Inlet
$ 2,500.00
$ -
EA.

Junction Structure No. 1
$ 3,000.00
$ -
EA.

Junction Structure No. 2
$ 2,500.00
$ -
EA.

Junction Structure No. 6
$ 3,700.00
$ -
EA.

Transition Structure No. 1
$ 2,000.00
$ -
1 EA.

Transition Structure No. 3
$ 2,700.00
$ 2,700
3 EA.

Manhole No. 1
$ 2,700.00
$ 8,100
2 EA.

Manhole No. 2
$ 3,300.00
$ 6,600
EA.

Manhole No. 3
$ 2,700.00
$ -
5 EA.

Manhole No. 4
$ 5,000.00
$ 25,000
EA.

Adjust Water Valve (if no water plan)
$ 150.00
$ -
EA.

Adjust MH to grade (if no sewer plan)
$ 400.00
$ -
EA.

Headwall
$ 5,000.00
$ -
L.S.

Remove & Dispose of Interferring 30" Storm Drain
and 36" Riser
$ 500.00
$ -
EA.

Remove & Dispose of RCB Headwall & Win all
$ 10,000.00
$ -
L.F.

Concrete Bulkhead
$ 25.00
$ -
EA.

Outlet Structure (Line A & B)
$ 5,000.00
$ -
EA.

Remove Existing Headwall
$ 1,000.00
$ -
7 EA.

Local Depression per RCTD Std 311 Case B
$ 1,200.00
$ 8,400
2 EA.

Local Depression per RCTD Std 311 Case C
$ 1,500.00
$ 3,000
$ -
$ -
$ -

Page 291 of 1595 ends

5/29/2024

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

BACKBONE ST. and S.D
DATE: 29 -May -24
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
EA.

Water Qualit Structure
$ 2,500.00
$ -
LS
Concrete Inlet Apron
$ 11,000.00
$ -
LS
Emergency Spillway
$ 27,000.00
$ -
LS
84" Storm Drain Grate
$ 8,500.00
$ -
SF
3' Wide V -Gutter
$ 4.00
$ -
LS
Signal & Lighting
$ 100,000.00
$ -
$ -
$ -
$ -
$ -
Subtotal:

Subtotal
B. Contingency (15%)
$ 1,016,185
$ 152,428
C. Streets/Drainage Total (A + B) $ 1,168,613

Page 292 of 1595 ends

5/29/2024

Bond No. SU 1203632
PW #: 20.24 -COl3
File #: 3992

PERFORMANCE BOND
Exhibit "C"
WHEREAS, the City Council of the City of Beaumont, State of California, and Meritage Homes of California, Inc. (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated, 20 24, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. 30953 , 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 Arch Insurance Company , as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of one million one hundred sixty eight thousand dollars ($ 1,168,612.75 ) lawful money of the six hundred in twPIVP. rinllars & seventy five r.pnts
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]

Page 293 of 1595 ends

Name: Richard H. Mitchell
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 5th day of August, 20 24 .
(Seal)
nsurance Company
SURETY
Title: Attorney -in -Fact. CA License No. OH56218
Address: Harborside 3, 210 Hudson Street, Suite 300
JERSEY CITY, NJ 07311 - 1107
(Seal)
Meritage Homes of California, Inc.

PRINCIPAL
By:

Name: H;t(o, Sferru3�o.

Name: 6133. U--+
Title:

Address: I $$ GS Nor4, claret Dnit,
6u;+c goo, Su► sdale, 852'55

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC

Page 294 of 1595 ends

ALL-PURPOSE ACKNOWLEDGEMENT
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 ARIZONA

COUNTY OF MARICOPA
)SS
On August 21, 2024 before me, Jeanne A. Malys , Notary Public, personally appeared Hilla Sferruzza, Executive Vice President - Chief Financial Officer Meritage Homes of California, Inc. 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 Arizona that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
JEANNE A. MALYS

NOTARY PUBLIC - ARIZONA

MARICOPA COUNTY
COMMISSION # 590544

MY COMMISSION EXPIRES
OCTOBER 17, 2024
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.

INDIVIDUAL

CORPORATE OFFICER(S)

PARTNER(S)

ATTORNEY -IN -FACT
1-1 TRUSTEE(S)

GUARDIAN/CONSERVATOR
l OTHER
SIGNER IS REPRESENTING:

TITLES)

LIMITED
Name of Person or Entity

GENERAL
Name of Person or Entity

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES

SIGNER(S) OTHER THAN NAMED ABOVE

DATE OF DOCUMENT
Reproduced by First American Title Company 11/2007

Page 295 of 1595 ends

STATE OF

COUNTY OF MARICOPA

ARIZONA
)SS
On August 21, 2024 before me, Jeanne A. Malys , Notary Public, personally appeared Glen Tulk, Vice President - National Land Development of Meritage Homes of California, Inc., a California corporation 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 Arizona that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
JEANNEA. MALYS

NOTARY PUBLIC - ARIZONA

MARICOPA COUNTY
COMMISSION # 590544

MY COMMISSION EXPIRES
OCTOBER 17, 2024
This area for official notarial seal'.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.

INDIVIDUAL

CORPORATE OFFICER(S) TITLE(S)
PARTNER(S) ❑ LIMITED
n ATTORNEY -IN -FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
❑ GENERAL
Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/2007

Page 296 of 1595 ends

00648
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees.

POWER OF ATTORNEY
Know All Persons By These Presents:

That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:

Alisa B. Ferris, Anna Childress, Jeffrey M. Wilson, Mark W. Edwards II, Richard H. Mitchell, Robert R. Freel and William M. Smith of Birmingham, AL (EACH) Robert M. Verdin of Metairie, LA
R. E. Daniels and Shelby E. Daniels of Pensacola, FL (EACH) its true and lawful Attorney(s)in-Fact, to make. execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:

Any and all honds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars ($150.000.000.(x1).

This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein.

The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.

This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 31, 2022. true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED. That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President. of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 31, 2022:

VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary. and the signature of the Secretary, the seal of the Company, and certifications by the Secretary. may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31, 2022, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to he affixed by their authorized officers, this 19' day of February, 2024.

Attested and Certified

1.1 Regan' Shulman, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Wood
I, Michele Tripodi. a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri. subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth.

Coma weaIttt of Peanpjtvania Amoy Soal
`r#
OCHRE TRIP0DI, Mary Pubtfc
IlivAtrlp4ktCiunty Mich a podi,Notar blic
tk,Corttnita''PnE pass luly)i rt5 Gommdt±inn koua gt 1168432 My commission expires 07/31/2025 Arch Insurance Company
d.74..,
'if/A(
Stephen C. Ruschak, Executive Vice President

CERTIFICATION
1, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated February 1912024 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.

IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this ° day of August 2024
Rettats A. Shulman. Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Compaq/ except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
To verify the authenticity of this Power of Attorney, please contact Arch insurance Company at SuretyAuthentic archinsurance.com Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached.

AICPOA040120

Page 297 of 1595 ends

Printed in U.S.A.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
.....................................♦..♦♦♦...♦.♦♦♦♦♦♦.♦♦..♦♦.♦..♦.

State of Alabama
County of Jefferson
On August 5, 2024
Date
personally appeared Richard H. Mitchell
}
before me,
Tyler Joseph Tucker
Name and or Names of Signer(s)
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 g ficial seal.

Signature
Public Signature
My Commission Expires: 05/03/2026
Name and Title of Notary
Place Notary Public Seal Above

OPTIONAL
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document
Document Date
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Guardian or Conservator
x❑ Attorney -in -Fact
❑ Trustee
❑ Other:

Signer is representing
Arch Insurance
Company

RIGHTTHUMBPRINT

OF SIGNER
Top of thumb
Number of Pages:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Guardian or Conservator
❑ Attorney -in -Fact
❑ Trustee
❑ Other:

Signer is representing
....................................♦♦.♦..♦•♦..•♦♦...♦•.♦.♦♦♦♦.♦♦.♦

Page 298 of 1595 ends

Bond No. SU 1203632

PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Meritage Homes of California. Inc. (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated S vnb}er 5 , 202H, 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 w ,e Aa' = ;,'r w dollars ($ 1,168,612.75 ), 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 hereinabovc 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 bc 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 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 bc 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.
[signalures on following page)

Page 299 of 1595 ends

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 5th day of August, 2024.
(Seal)
(Seal)
MelAkek in uu cc Company Meritage Homes of California, Inc.

GURETY
By: 4 -
Name: Richard H. Mitchell
By:

Name: f71fn TUIk
NCI
Title: Attorney -in -Fact, CA License No. 0H56218 Title:SVP- NQ};0n4I LA,Ad 'De Vet opris ont Address: Harborside 3, 210 Hudson Strut. Suite 300 By:

Jer,.ev Cite, N.107311-1107 Name: AI ;son Sasser
Title: SV P - L,k;e4 At cbU,yi; CffXer
Address: 5 Peters Canyon Rd.. Ste 310
Irvine, CA 92606

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC

Page 300 of 1595 ends

ALL-PURPOSE NOTARY ACKNOWLEGEMENT
A notary public or other officer completing this certificate verified 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 State of Arizona
ss
County of Maricopa
On r !/Ub \ before me, Deborah Warner -Rapier, Notary Public, personally appeared Glen A. Tulk, VP -National Land of Meritage Homes of California, Inc, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that his signature on the instrument the person(s), or entity upon which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJERY under the laws of the State of Arizona that the foregoing paragraph is true and correct.

WITNESS my had ar;d official seal.
r f
Signature:

DEB NOTARYPUBLIC RAH - WARNER-RAPIER

MRICOPA COUNTY
COMMISSION # 633042

MY COMMISSION EXPIRES
AUGUST 24, 2026
Official Notarial Seal/Stamp

OPTIONAL SECTION - NOT PART OF NOTARY

ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to complete the data below, doing so may prove invaluable to persons relying on the documents.
❑ Individual
❑ Corporate Officer(s) Title(s)
❑ Partner(s) ❑ Limited
❑ Attorney -in -Fact
❑ Guardian/Conservator
❑ Other
SIGNER IS RERPESENTING:
❑ General
Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION - NOT PART OF NOTARY
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

OPTIONAL SECTION - NOT PART OF NOTARY
TITLE OF TYPE OF DOCUMENT:

NUMBER OF PAGES: DATE OF DOCUMENT:

SIGNER(S) OTHER THAN NAMED ABOVE:

Page 301 of 1595 ends

ALL-PURPOSE NOTARY ACKNOWLEGEMENT
A notary public or other officer completing this certificate verified 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 State of _Arizona
) ss
County of _Maricopa
On /I ) , before me, Deborah Warner -Rapier, Notary Public, personally appeared Alison Sasser, SVP-Chief Accounting Officer of Meritage Homes Corporation, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that her signature on the instrument the person(s), or entity upon which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJERY under the laws of the State of Arizona that the foregoing paragraph is true and correct.

WITNESS my ha ryd and official seal.

Signature:
igki(41

DEBORAH WARNER -RAPIER

NOTARY PUBLIC - ARIZONA

MARICOPA COUNTY
COMMISSION # 633042

MY COMMISSION EXPIRES
AUGUST 24, 2026
Official Notarial Seal/Stamp

OPTIONAL SECTION - NOT PART OF NOTARY

OPTIONAL SECTION — NOT PART OF NOTARY
TITLE OF TYPE OF DOCUMENT:

NUMBER OF PAGES: DATE OF DOCUMENT:

SIGNER(S) OTHER THAN NAMED ABOVE:

Page 302 of 1595 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
...+................................++...........+.++....++.+..+...

State of Alabama
County of
On
personally appeared Richard H. Mitchell
Name and or Names of Signer(s)
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.

Tyler Joseph Tucker
Jefferson
August 5, 2024
Date
1 before me,
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.
i)V14 lug .

Dairy Put!ic Signature
Signature
My Com fission Expires: 05/03/2026

OPTIONAL
Hants and TAW o1 Notary
Flax Notary Nino Saar Move
Though the information below is not required by law, it may prove valuable fo the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

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

Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner - ❑Limited ❑ General
❑ Guardian or Conservator
O Attorney -in -Fact
❑ Trustee
❑ Other:

Signer is representing
Arch Insurance
Company
r1fGHT THUMBPRINT

OF SIGNER
Tap of thumb
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Guardian or Conservator
❑ Attorney -in -Fact
❑ Trustee
❑ Other:

Signer is representing
+.+..+...+...+++.++++.+.....+..•...............+.••••••••••••...++.

Page 303 of 1595 ends

00648
This Pawer of Attorney limits the acts of those named herein, and they hare no authority to bind the Company except in the manner and to the extent herein stated.

Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees.

POWER OF ATTORNEY
Know All Persons By These Presents:

That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri. having its principal administrative office in Jersey City.

New Jersey (hereinafter referred to as the "Company") does hereby appoint:

Alisa B. Ferris, Annn Childress, Jeffrey M. Wilson, Mark W. Edwards U, Richard H. Stitched, Robert R. Frecl and William M. Smith of Birmingham. AL (EACH) Robert M. Verdhi of Metairie, LA
R. E. Dauleis sad Shelby E. Daniels or Pensacola, FL (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the due of issuance of this power for and on its behalf as surety, and as its act and deed:

Any and all bonds. undertakings, recognizances and other surety obligations. in the penal sum not exceeding One Hundred Fifty Million Dollars ($150.000.000,(101.

This authority dues not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein.

The execution of such bonds. undertakings. recognizances and other surety obligations in pursuance of these presents shall he as binding upon the said Company as (fully and wnply to all invents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City. New Jersey.

This Power of Attorney is executed by authority of resolutions adopted by unanimous tensent of the Board of Directors of the Company on August 31. 2022. true and accurate copies of whiedf ore hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED. That the Chairman of the Board, the President. or the Executive Vice President, or any Senior Vice President, of the Surety Business Division. or their appointees designated in writing and filed with the Secretary, or the Secretary shalt have the power and authority to appoint agents and auorneys•in-fart, and to authurize them subject to the limitations set forth in their respective powers of attorney. to execute on behalf of the Company, and attach the seal of the Company thereto. bonds. undertakings, rexognizances and otter suety obligations obligatory in the nature thereof. and any such officers of the Company may appoint agents for acceptance of process"
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 31, 2022:

VOTED, Thal the signature of the Chairman of the Board, the President, or the Ertecutive Vice President, or any Senior Vice President. of the Surety Business Division. or their appointees designated in writing and filed with the &a -wary, and the signature of the Secretary the seal of the Company. and certifications by the Secretary, n,ay be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Boani of Directors on August 31. 2022. and any such power so executed. sealed and certified with respect to any bond or undertaking to which it is attached. shall continue to be valid and binding upon the Company. In Testimony Whereof. the Company has caused this instrument to be signal and its corporate seal to he affixed by their authorized officers. this . day of February. 2024.

Attested and Certlfred
Reg Shulm.•tn. Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company
,e./
Stephen C. Ruschak, Executive Vice President
I. Michele Tripudi. a Notary Public. do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respeeaively as Secretary and Executive Vice President of the Arch Insurance Company a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in ptxson and severally acknowledged that they being thereunto duly authorized signed. sealed with doe corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the use. ;end purposes therein set forth.
cottrwnwe tow of Penn/bank - Mary Sou! Iii
NOME TRI.0DI, $oWy P big
PlItiadelphla Camay
sVCownIsilon Eginickly 31, 21723
Commltston ii anber 1165622

CERTIFICATION
I. Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated February 19, 2024 on behalf of the persons) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the elate of this certificate; and I do further certify that the said Stephen C. Ruschak. who executed the Power of Attorney as Executive Vice President. was on the date of execution of the attached Penner of Attorney the duly elected Executive Vir a President of the Arch Insurance Company.

IN TESTIMONY WHEREOF. I have letcwto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this ? day of AU9u t 2024_.

MMiiicclt a podi. Voter hlic
My commission expires 07/31/2025
.91, -
Re nee$ A. Shulman, Secretary
This Power of Attorney limits the acts of those named therein to the bonds anti undertakings specifically named therein and they have no authority to hind the Company except in the manner and w the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway. Suite 1500
Philadelphia, PA 19102
lane$
_ \RR
Wir.n.Mi)7E 4 S
SEAL
ton
ltssouti
To verify the authentkfty Odds Power of Attorney, please contact Arch Insurance Company at SuretyAuthentde archinsurence.com Please refer to the above named Attorney4n-Fact and the details of the bond to which the power is attached.

AICPOA040120 Printed in U.S.A.

Page 304 of 1595 ends

CIVIL

CITY OF BEAUMONT, CALIFORNIA
BACKBONE STREET IMPROVEMENT PLANS FOR:

S H E E T
1 BENCHMARK:

DATEMIKE S. SUTTON
R.C.E. NO.: C57667
©
SEAL
31462-17, 31462-18, 31462-19,
31462-27, 31462-28 AND 31462-29
FAIRWAY CANYON - 4C FILE NO:

PW2024-0018
3492
NORTH

SHEET INDEX
Sheet
No.Sheet Title
1 TITLE SHEET

CITY OF BEAUMONT, CALIFORNIA

BACKBONE STREET IMPROVEMENT PLANS

FOR TRACT NUMBERS
31462-17, 31462-18, 31462-19, 31462-27, 31462-28 AND 31462-29 FAIRWAY CANYON - 4C

VICINITY MAP

STREET NOTES

GENERAL NOTES

PRIVATE ENGINEERS NOTICE TO CONTRACTOR(S)
NOTE

LEGAL DESCRIPTION

OWNER/DEVELOPER

BASIS OF TOPOGRAPHY

SOILS ENGINEER

SCHOOL DISTRICT

ZONING/LAND USEENGINEER
ASSESSOR'S PARCEL NO.

SITE ADDRESS
NOTE

ABBREVIATIONS
"DECLARATION OF RESPONSIBLE CHARGE"

WORK TO BE DONE
LEGEND
08/08/2024
08/08/2024
08/27/2024
PERFORMANCE BOND:

SU1203632

Page 305 of 1595 ends

LYLE LANE
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4SHEET 5TRACT NO.
31462-17
TRACT NO.
31462-28
TRACT NO.
31462-18
TRACT NO.
31462-29
TRACT NO.
31462-27 TRACT NO.
31462-19
CIVIL

CITY OF BEAUMONT, CALIFORNIA
BACKBONE STREET IMPROVEMENT PLANS FOR:

S H E E T
1 BENCHMARK:

DATEMIKE S. SUTTON
R.C.E. NO.: C57667
©
SEAL
31462-17, 31462-18, 31462-19,
31462-27, 31462-28 AND 31462-29
FAIRWAY CANYON - 4C FILE NO:

PW2024-0018
3492

CONSTRUCTION NOTES AND ESTIMATED QUANTITIES
2 INDEX MAP

OVERLAY JOINT DETAIL
08/08/2024
08/08/2024
08/27/2024

Page 306 of 1595 ends

CIVIL

CITY OF BEAUMONT, CALIFORNIA
BACKBONE STREET IMPROVEMENT PLANS FOR:

S H E E T
1 BENCHMARK:

DATEMIKE S. SUTTON
R.C.E. NO.: C57667
©
SEAL
31462-17, 31462-18, 31462-19,
31462-27, 31462-28 AND 31462-29
FAIRWAY CANYON - 4C FILE NO:

PW2024-0018
3492

NORTHBARNES PLACEWEIR WAYB
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EBARNES PLACEWEIR WAY
CONSTRUCTION NOTESWEIR WAYOUIMET WAYOUIMET WAYWEIR WAY1413121110 171516 18 20 21

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OUIMET WAY WEIR WAY
3 OUIMET WAY AND WEIR WAY PLAN & PROFILE
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POSTED SPEED: 25 MPH
DESIGN SPEED: 30 MPH

84.22'

54.98'

54.89'54.80'

53.01'

55.87'

54.72'

55.37'

55.34'
29 .
0 8
'28.60
'28.62'69.49'
110.18'

47.94'
8 6.9 5 '
2 8
.
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'51.58'51.49'32.16'29.4
2'29.35'285.56'
2 9
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125.74'

32.09'7 0.0 5 '28.69'149.99'96.48'42.02'58.36'331
68 30
45 31
8 7
6 543
2 1
PE=2321.7
PE=2321.4
PE=2321.0
PE=2321.0
PE=2321.5
PE=2321.7
PE=2322.0
PE=2322.3
PE=2326.0
PE=2327.3
PE=2320.0PE=2324.8PE=2327.9
34 PE=2323.5
35 PE=2322.2
36 PE=2320.7
46 PE=2317.7
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PE=2329.2
08/08/2024
08/08/2024
08/27/2024

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54.70'

54.8 0'

54.61'

54.52'

54.44'

55.02'54.97'55.00'

54.96'

61.73'

55.00'55.00'55.00'55.00'55.00'55.00'
4 2
.
6 9
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5 7.9
7'29.37'22.06'
4 1 1 .6 8 '410.98'
283.82'
4 2
.
6 9
'22.06'79
80 2322212019181716
15 141312
11 10
9 PE=2322.3
PE=2322.5
PE=2322.7
PE=2323.0
PE=2323.3
PE=2323.5 PE=2323.8
PE=2324.1
PE=2324.4 PE=2324.6 PE=2324.9 PE=2325.2
PE=2325.5 PE=2325.7
PE=2326.6 PE=2327.6
PE=2331.8
PE=2332.4
CIVIL

CITY OF BEAUMONT, CALIFORNIA
BACKBONE STREET IMPROVEMENT PLANS FOR:

S H E E T
1 BENCHMARK:

DATEMIKE S. SUTTON
R.C.E. NO.: C57667
©
SEAL
31462-17, 31462-18, 31462-19,
31462-27, 31462-28 AND 31462-29
FAIRWAY CANYON - 4C FILE NO:

PW2024-0018
3492NORTHCONSTRUCTION NOTES
S
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SORENSTAM DR

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OUIMET WAY AND SHEEHAN LANE
4 OUIMET WAY AND SHEEHAN LANE PLAN & PROFILE
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18 SHEEHAN
POSTED SPEED: 25 MPH
DESIGN SPEED: 30 MPH
08/08/2024
08/08/2024
08/27/2024

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CIVIL

CITY OF BEAUMONT, CALIFORNIA
BACKBONE STREET IMPROVEMENT PLANS FOR:

S H E E T
1 BENCHMARK:

DATEMIKE S. SUTTON
R.C.E. NO.: C57667
©
SEAL
31462-17, 31462-18, 31462-19,
31462-27, 31462-28 AND 31462-29
FAIRWAY CANYON - 4C FILE NO:

PW2024-0018
3492NORTHOUI
T
M
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W
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DUVAL DRIVEBREWER DRIVECONSTRUCTION NOTESDUVAL DRIVETRAVIS TRAILBREWER DRIVE191817161514 222021 23 10 5 BREWER DRIVE, DUVAL DRIVE AND TRAVIS TRAIL PLAN & PROFILE

BREWER DRIVE, DUVAL DRIVE AND TRAVIS TRAIL
1710+50 16

BREWER DRIVE TRAVIS TRAIL
DUVAL
DRIVEPOSTED SPEED: 25 MPH
DESIGN SPEED: 30 MPH
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65.60'59.56'

54.60'

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55.00'

41.89'
136.39'

50.58'

28.82'

59.69'

60.46'

59.19 '

59.1 8
'

62. 1
3 '

79.30'29.08'2
8 .
8 1
'28.69'

80.05'29.08
'
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6 9
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75.22'67.20'66.01'

29.08'28.83'149.99'

42.02'

58.36'
6 1.6
3'
31PE=2314.2
32 33 34
35 36
27 28 29
454647
PE=2317.7 PE=2320.0 PE=2326.0
PE=2331.0
PE=2336.1 PE=2339.9
PE=2342.9
PE=2344.8
PE=2345.6
PE=2346.1
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28 PE=2347.4
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107
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31 08/08/2024
08/08/2024
08/27/2024

Page 309 of 1595 ends

RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

City Clerk
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL NO. 38953
DATE OF AGREEMENT: 9/5/2.02-q
NAME OF SUBDIVIDER: Meritage Homes of California, Inc , a California Corporation . (hereinafter referred to as "Subdivider").

NAME/NUMBER OF DEVELOPMENT:
366 residential
38953
subdivision consisting of
, originally approved on
lots,
9/22/23 , and Tentative Tract/Parcel ("Tract/Parcel" or "Tentative Tract/Parcel Ma " , on inall a roved on:

FINAL TRACT/PARCEL MAP

RECORDED ON

APPROVED ON

AS INSTRUMENT NUMBER
"Final Tract Ma /Final Parcel Map").

PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").

EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ 1,168,394.25
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
$
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 501203633
LETTER OF CREDIT NUMBERS:

FINANCIAL INSTITUTION: Arch Insurance Company

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THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as "City"), and Meritage Homes of California, Inc a California Corporation (hereinafter referred to as "Subdivider"). City and Subdivider are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".

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NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows:

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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:
(i)1,168,394.25 and 00/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100°/0 of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii)1,168,394.25 and 00/100 DOLLARS ($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°/0) of the estimated cost of the Improvements; and (iii) 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) and 00/100 Dollars ($X,X)X.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

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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

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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.

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8. Injury to Public Improvements,_Public Property or Public Utilities Facilities.

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.

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discretion, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the cost of such repairs.

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.

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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 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

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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

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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

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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) Recuired 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.

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26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into in the terms of this Agreement.

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

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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.

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IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.

Subdivider:

AlerTletkqe. Homes ,,7' Cci 1dorniu,Tnc.
a, Cali 1?rr? c&
Signature:

Print Name:

Attachments: Exhibit A
Exhibit B
Exhibit C
City:

CITY OF BEAUMONT
a Municipal Corporation
Signature:
ity Manager
ATTEST:

APPROVED AS TO FORM:

Pinkney, 1ttorney
APPROVED AS TO CONTENT:
9/0/1'
Je� rt,-Dir:Of Engineering/Public Works Director
Robert Veda l
Legal description of Property
Cost estimate(s)
Performance & Payment Bond OR Cash Bond
(Proper Notarization of Subdivider's Signature is required and shall be attached)

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State of California
County of
on September 05, 2024
Date
before me,
Andrew Salazar, Notary Public
personally appeared
Name(g) of Signer($)
Here Insert Name and Title of the Officer
Nick Emsiek
who proved to me on the basis of satisfactory evidence , be the person.(5) whose name - subscribed to the within instrument and acknowl- • •ed to me that e = -/they executed the same i his • /t# it authorized capacity(ies), and that b his' - /their signature(sj-on the instrument the person, or the entity upon behalf of which the person) ac ed, executed the instrument.

ANDREW SALAZAR
Notary Public • California
Orange County
Commission # 2365034
My Comm. Expires Jul 10, 2025
Place Notary Seal and/or Stamp 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 -
Pure of Notary Public

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:
02019 National Notary Association
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer is Representing:

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