Table No. 1 - Bond Summary
Project
Maintenanc
e Receipt
Number
Improveme
nt Value
File
Number
Improveme
nt
Principal
Tract Map No.
31462 PH 4A
1001191180
$176,000.00
3093D
Storm Drain
Improvement
s
SDC Fairway
Canyon LLC
Fiscal Impact:
The cost of preparing the staff report is estimated to be $350.
The approximate value of general government assets being accepted is $176,000.00.
The cost to maintain these facilities will be covered through the existing Public Works operating budget. The one-year maintenance period will terminate with this acceptance.
Recommended Action:
Accept the public improvements, authorize the Mayor to sign the Certificate of Acceptance, and authorize staff to issue a bond exoneration letter for maintenance bonds for (Project / Receipt Number / Improvement):
• Tract Map No. 31462 PH 4A / 1001191180 / Storm Drain Improvements Attachments:
A. PW2025-0231 Maintenance Bond -x Package
B. Certificate of Acceptance
BEAUMONT
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.beaumontca.gov
Case No. PW2025-0231
Receipt No. ESCROW001901-20
Fee $
Date Paid 5/6/2025
BOND EXONERATION APPLICATION
Bond Type: ['Performance ►_Maintenance []Final Monument Inspection ❑Other:
1. 2.
5. 3.
Contact's Name C \A err k o rr y 5or.i,
Phone
23 Contact's Address &5O `ro Lu p. C€, t- She > yt a,S r li C f 9at ' �S City/State/Zip
Contact's E-mail Q mpsan Q J an -f /yan4i t�,-nen, /I C. , Cer- Developer Name 5 C ,two,/ Ca/U-10Q I -1-C_ Phone 7'7 3vea7 (If corporation or partnership application must inclslde names of principal officers or partners)
4. Developer Address (9,5O 7 +n o7 Pr tor- 5'te We) lvs% the's'R CA ��co24, City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot nmber, and description of improvements covered):
11,0. /OO//oZ`1Y6 Ori0;re if gild)
icf1/ 0 -0-'; -. , - el•, - - -fed
{{,9/1 t t`4 S ✓� �u,� S'(vr i l /'mot /tJ — lit≤ e
`J341to / W 2o,01 3 -JO 7(v
6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
Ckert l ha)
Print Name and Sign — Contact/Applicant
Date
7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City.
C'rr"1 I ` s' (1
Print Name and Sign — Contact/Applicant
Date
8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
• Remove and replace concrete and AC as needed where lifting. • Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slurry coat for all road surfaces.
• Restore/Verify pavement striping/markings.
• Restore/Verify blue dots and signage as needed.
• Clean and camera sewer. Provide report and video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade within Right -of -Way. • Provide Landscape Architects Certification as required.
BEAUMONT
-CA FtlHry
Punch List
Project Name: Fairway Canyon Infrastructure Storm Drain Phase 4A Tract No. 31462
Storm Drain
PW 2025-0231
Bond No. 1001191180 Maintenance
Inspected By: Alex Stanko
Page: 1 Date: May 15, 2025
Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
Sin Date
( g / )
1 No items.
Alex Stanko
05-15-2025
Alex Stanko
05-15-2025
[COMPANY NAME]
SAN 1r 614 16
MAINTENANCE BOND
Bond No.: 1001191180
Premium: $421.00/1 yr.
WHEREAS, the City of Beaumont ("City"), a municipal corporation, and SDC Fairway Canyon, LLC (hereinafter "Principal"), have entered into an agreement by which Principal agrees to install and complete certain designated public improvements and to guarantee and warrant the work for the period of one year following its completion and acceptance, which said agreement, dated December 14, 2023 , and identified as Tr 31462, Ph 4A, Storm Drain is hereby referred to and made a part hereof; and:
WHEREAS, Principal is required under the terms of the agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of the agreement.
U.S. Speciality
NOW, THEREFORE, we, the Principal and Insurance Company ("Surety") admitted and duly authorized to transact business under the laws of the State of California as surety, are held and firmly bound unto the City of Beaumont as obligee, in the penal sum of One Hundred Seventy -Six * dollars ($176,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents. *Thousand & NO/100ths
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the agreement and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Beaumont, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the agreement, the obligation of the Principal and surety under this bond shall remain in effect for a period of one (1) year after the completion and acceptance of the work. During that time, if the Principal or his or its heirs, executors, administrators, successors or assigns, fails to make full, complete and satisfactory repair and replacement or totally protect the City from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the work, then the obligation shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety shall continue so long as any obligation of the Principal remains.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Beaumont in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The Surety waives all rights of subrogation against the City or any person employed by the City.
[signatures on following page]
SIGNED AND SEALED THIS 4th DAY OF January 201:.24
(Seal)
U.S. Speciality Insurance Company
SURETY
By: C'1yc x.
(Name) Cheryl L. Thomas
(Address) Attorney -in -Fact
801 S. Figueroa St., Suite 700
Los Angeles, CA 90017
(Seal)
SDC Fairway Canyon, LLC, a
Delaware Limited Liability Company
V RINCIP,Ar\,
By:
Hy:
(Name) Dale Strickland
(Title) Authorized Signatory
(Address)
2646 Dupont Dr., Suite 60 #520
Irvine, CA 92612
(\amei
itle
(Address)
ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange
}
On January 4, 2024 before me, Susan E. Morales, Notary Public (Here insert name and title of the officer)
personally appeared Dale Strickland
who proved to me on the basis of satisfactory evidence to be the person*whose nameH is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/let/O'6r authorized capacity(tes), and that by his/her/their signature() on the instrument the person*, or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public Signature
(Notary Public Seal)
�1 Jti lti A !s Jl A I. !i A A. d.
SUSAN E. MORALES
(...) COMM. #2444309 -ml
H` NOTARY PUBLIC- CALIFORNIA 0
11.1 ORANGE COUNTY —u
MY COMM. Expires April 14, 2027
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
SDC Fairway Canyon, LLC
(Title or description of attached document)
Maintenance Bond #1001191180
(Title or description of attached document continued)
Number of Pages 2 Document Date 1/4/24
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
Other Authorized Signatory
N. s, r ClassE m
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. Tf seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Page442 of 2775
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange
On January 4, 2024
}
before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared Cheryl L. Thomas
who proved to me on the basis of satisfactory evidence to be the person* whose name() isfae 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( j on the instrument the persons), or the entity upon behalf of which the person(* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
r • T � y�
r /
Notary Public Signature (Notary Public Seal)
♦ _
-. A- A 1_ A_ _A -
SUSAN E. MORALES
COMM. #2444309 --I
;. 0I--�et;�. , �.' NOTARY PUBLIC- CALIFORNIA
W Wit'✓ ORANGE COUNTY ..a
MY COMM. Expires April 14, 2027
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
•
This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages 2 Document Date 1/4/24 commission followed by a comma and then your title (notary public).
Bond #1001191180
(Title or description of attached document)
U.S. Specialty Insurance Company
(Title or description of attached document continued)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
• Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
POWER OF ATTORNEY
_ _ AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETYi'COMPANY U.S. SPECIALT NSRANC OMPANY lillllll''°I" III II I 91111'lllj, U I' I II Ihlllli I Pik mom n , an Mass Bmed name of PRESENTS
S:I T!iatlAmeiloan
Indemnity
Inde tftyMorr;pany, C ornia corporefrorwTexasiontlmg
p y mnity Companyyfited States Surety Company, a Maryland -corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint:
Todd M ohm, Shane Wolf, Cathy & Kennedy or Beata A Sensi of Orange, California {I I I I P l!II
— — _ = ,dll! I 'I �� II I Ij II II ' I {l ily
its r and-Iaw�FAtrorney(s)-in-fact ati try_ -_-_tai- r pa_r-at-capacity if more than one is named above, with full rower and uth t =hereby corTfare-ff in its name, pia d tea to=execute, acknowle'dgerand/ dehwer'any and all bonds cognizances; undertakings or other instruments or contracts of suretyship to include riders amendments, and consents of surety, providing the bond penalty does not exceed
*****Seventy Five Million Dollars $75,000.000.00***** This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be itResoly hatAtre President, any VicePresident, any,Assist'ant Vice -President, S_eeret an ssistant Secretary shall be -and -is ereby
„ p y �htlullll l , , stable persons aVitorn ( -&t_ represent and act foi and on_be alf ofthe _—vest�vvit�ul �owei�nd authority to appoint an one or `m` ore su c =�pany d hVollowing provisions II I I ' ill I II { 11 11 II — _ —_ rtffmey-in-Fact may be given full power mind authority for and in the name of and on bctralf afthe Compny, to execute, acknow-fedge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon ? esolvecJhthe signature of any o ed fficad- al of the Com a Secretary. I ll s I� ,IIIIt! II 'ill , the Com an -as_if s� ned by the President and sealed_and-effeeted by the Corporate p ny'heretQforelor hui ,„ l,er affixed to any p fi#a y ae r ni n i� �u V i dui n i u HI
= certificatelela g t#rereto by facsimile rd-a�y mu o ne r certificate bearing, facsimile signature o Illfacsimile seal sa it vatfd d bl dii upoilWe Company -with respect to any bo ianWatecin�towhich it is attached. L.ill ! IIIUIII II'!U:I 14{!0 !,1 ts, IIIP�' 11611111u _ IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of September, 2021.
StatWof California
County of Los Angeles
P Ilru'
ANIDONIT CTO IiIMNITY COMPARkIr E=7O1S= JNLrXOMPANY
AMERIC RA'; �,���iS INDEMNITY
UNITED STATES I SURETCOMP'ANY U.S SPEC A ' NSURAN E O MPANY r ilill l ,,Atyp ar ui� ga,"',pr
"•rxun,*
rxOF,-k'sto
v7rr thrs c lficatrs attached, a �e th rees accuracy, or va'' identity "y' I�rndivrdual who signed -t#- dr�Eur�ento
A l to =Phis or -other officer compk Ping this ce _ rficate verifies only th dill Iii of, they do _
r — that doc melnillll
NS 2 d` day of September, 2 efore i e, —D. Littlefield, a notaryllPlp blie, personally !appeared DamcFP P jii Id — President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company 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 by his signature on the instrument#he_ pion, or the entity upon behalf ,ofllwhi l the person acted, executed theJnstrument. ;iPlp!liiIll I;! 'I I II ll II II IIII I I!Il�ll II II III URY ,under the haws, of the State of ( farm hMh regoing paragraph a rm and correct.
Ilex + uocf. I TY OF PERJ, u,n ll� a Im -
dllluJllll llbl Il,udllll
WITNESS my hand and offi•I seal. MauryPubik- calrrornio Los nnyelos County
�:.^..� Commission # 2320307
A,, """ MY Comm. footles An 31, 2024
(seal)
Daniel P. Aguilar, Vice President
Signature
I�IIlll1 -
_I Cro>1o, _ Assns arrt-Secretary o? c n en tors ndemnity Cornpany'IIII'Texas Bondingl,I Company, United=S�i�ti'ety cmpany ann-dEE Specialty InsuraYce mpa�, d er'e ycertify that th�ie'I above mind fore�tng Isla true and co ct=PxwMPdf uer it=Att mey, executed by said Companie*which rs sailL`rn full force and effec4; furthermore; the resolutions of theikrei _ is f Drrecror - set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this l of arrua , , ao a ylt„ii
I II ! l i lu„ I I 'IIII hI,
L. 'III�hI
i No = OOI/0!/80
Agency No. 16590 -
'°'rgruWOO'
'
c!rvcza, "AA
: A R ft,,
3y�_61
a
'`'%no, nw
— i I, ill/ Iltal�
ll I II III Ij sil I I�
.=rrs _ tr oTn/surety for more information
= II �IV III
I II I�i '�lu'�Il luuli
Frage 444 of 27
Kim La, .Assi3tarr Secretary
CI °°BPS CALIMESA
GENERAL NOTES
°e`\�
1 1. THE CONTRACTOR SHALL CONSTRUCT THE DRAINAGE IMPROVEMENT SHOWN ON THE DRAWINGS IN
SITE LOCATION
-
�-
f
Cherry Valley Blvd
CONFORMANCE WITH THE REQUIREMENTS OF THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT DESIGN MANUAL STANDARD DRAWINGS, RECENT EDITION, AND IN CONFORMANCE S ORM
DRAIN IN RAS RUC UR IMPROV M N PLANS
WITH THE REQUIREMENTS OF THE BEAUMONT DRAINAGE MANAGEMENT PLAN.
Brookside Ave
Palmer
Avenue
2. THE CONTRACTOR IS REQUIRED TO CONTACT ALL UTILITY AGENCIES REGARDING TEMPORARY SUPPORT AND °° o
Desert Lown a
L
'
—_,
SHORING REQUIREMENTS FOR THE VARIOUS UTILITIES SHOWN IN THE PLANS. A 4 a Memorial Gardens
`goy c Champions Drive N. o
OAK VALLEY -v,,_ ,o
3. CONSTRUCTION INSPECTION WILL BE PERFORMED BY CITY OF BEAUMONT. CONTACT (951) 769-8520. 31462 THE CITY MUST BE NOTIFIED ONE WEEK PRIOR TO CONSTRUCTION. RAC Oak Volley Parkway �J
Oak Valle Parkwa
)
--
4. ALL STATIONING REFERS TO THE CENTERLINE OF CONSTRUCTION UNLESS OTHERWISE NOTED. -
5. STATIONING FOR LATERALS AND CONNECTOR PIPE REFER TO THE CENTERLINE ►� „ // // // // // // „ „ // // // „ // // // -CENTERLINE -INTERSECTION (
/1.7,1
IN
STATION.
MORENO VALLEY 60 FRWY
\� ''
1 1 1 1 1 1 1 1
13 T
6. FORTY-EIGHT HOURS BEFORE EXCAVATION, CALL UNDERGROUND SERVICE ALERT 1-800-227-2600. .„
7. ALL CROSS SECTIONS ARE TAKEN LOOKING UPSTREAM.
8. ELEVATIONS AND LOCATIONS OF UTILITIES SHOWN ARE APPROXIMATE UNLESS OTHERWISE NOTED. ALL 1 E
EASEMENT FOR ACCESS, GRADING & INSTALLATION OF
UTILITIES SHOWN ARE TO BE PROTECTED IN PLACE UNLESS OTHERWISE NOTED.
N
DRAINAGE, SLOPE STABILIZATION, AND LANDSCAPE &
I
IRRIGATION AS PER GIFT DEED REC. 12/28/2000 PER (-----
9. OPENINGS RESULTING FROM THE CUTTING OR PARTIAL REMOVAL OF EXISTING CULVERTS, PIPES OR INSTR. /2000-516795, O.R. VICINITY MAP SIMILAR STRUCTURES TO BE ABANDONED SHALL BE SEALED WITH 6 INCHES OF CLASS "B" CONCRETE. N.T.S.
PORTIONS OF THOMAS BROS. PGS;
10. PIPE CONNECTED TO THE MAINLINE PIPE SHALL CONFORM TO JUNCTION STRUCTURE NO. 4 (JS 229) >r 1 690 AND 720 RCP NOTES:
UNLESS OTHERWISE NOTED. CONSTRUCTION &
2004 EDITION
NOTES QUANTITY ESTIMATE
PHASE 1 PHASE 2
11. PIPE BEDDING SHALL CONFORM TO R. C.F. C. & W.C.D. STD. DWG. M 815 THE CONCRETE COATING ON THE INSIDE OF ALL REINFORCED
CONRETE PIPES MUST BE INCREASED TO PROVIDE A MINIMUM
NO.
DESCRIPTION
QUANTITY
QUANTITY
UNIT
12. "V" IS THE DEPTH OF INLET AT THE CATCH BASINS MEASURED FROM THE TOP OF THE CURB TO THE OF 1-1/2" OVER THE REINFORCING WHEN THE DESIGN O1
CONSTRUCT 18" RCP (SEE PROFILE FOR D LOAD)
248
178
L.F.
INVERT OF CONNECTOR PIPE. VELOCITIES EXCEED 20 FEET PER SECOND. THE CONCRETE DESIGN STRENGTH IN THESE REACHES SHALL BE f'c = 5,000
02 CONSTRUCT 24" RCP (SEE PROFILE FOR D LOAD)
452
1,156
L.F.
13. ALL CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS, AND OTHER EXISTING IMPROVEMENTS TO BE PSI FOR VELOCITIES EXCEEDING 20 FEET PER SECOND AND RECONSTRUCTED IN KIND PER LATEST COUNTY STANDARD AND AT THE SAME ELEVATION AND LOCATION f'c = 6,000 PSI FOR VELOCITIES EXCEEDING 30 FPS.
Cs
CONSTRUCT 24" HOPE
--
421
L.F.
AS THE EXISTING IMPROVEMENTS UNLESS OTHERWISE NOTED. FOR PAVEMENT OVERLAY, 0.10' MIN. FOR 1 FULL LANE WIDTH IS REQUIRED.
03 NOT USED
THE JOINTS FOR REINFORCED CONCRETE PIPES UNDER
14. HYDRAULIC GRADE LINES SHOWN IN PROFILES ARE FOR 100 YEAR FREQUENCY FLOWS, UNLESS PRESSURE FLOW CONDITIONS SHALL BE WATERTIGHT IN 04 CONSTRUCT 36" RCP (SEE PROFILE FOR D -LOAD)
626
1,702
L.F.
OTHERWISE NOTED. CONFORMANCE WITH ASTM C443.
SEE
SHEET
NO. 2
4A
CONSTRUCT 36" HOPE
- -
--
L.F.
15. THE CONTRACTOR SHALL COMPLY WITH THE STATE AND LOCAL SAFETY CODES DURING THE PROGRESS OF FOR
INDEX
MAP
PREPARED BY:
WORK.
NOTE:
05 CONSTRUCT 42" RCP (SEE PROFILE FOR D -LOAD)
--
392
L.F.
PROACTIVE ENGINEERING CONSULTANTS WEST, INC.
25109 JEFFERSON AVENUE
16. THE CONTRACTOR SHALL MAINTAIN ADJACENT STREETS IN A NEAT, SAFE, CLEAN AND SANITARY CONDITION
1. APPROVAL OF THESE PLANS APPLY ONLY WITHIN
06 CONSTRUCT 48" RCP (SEE PROFILE FOR D -LOAD)
888
125
L.F.
SUITE 200
AT ALL TIMES AND TO THE SATISFACTION OF THE COUNTY'S OR DISTRICT'S INSPECTOR. THE ADJACENT
STREETS SHALL BE KEPT CLEAN OF DEBRIS, WITH DUST AND OTHER NUISANCE BEING CONTROLLED AT THE JURISDICTION OF THE CITY OF BEAUMONT O7
CONSTRUCT 24" TEMP CMP
--
--
L.F.
MURRIETA, CA 92562
(951) 200-6840
ALL TIMES. THE DEVELOPER SHALL BE RESPONSIBLE FOR ANY CLEAN UP ON ADJACENT STREETS AFFECTED BY HIS CONSTRUCTION. METHOD OF STREET CLEANING SHALL BE DRY SWEEPING OF ALL 2. TRENCHING FOR UTILITIES AND STRUCTURES IS 08 CONSTRUCT CONCRETE FLARED END SECTION PER HANSON PIPE AND PRECAST OR APPROVED EQUAL 2 2
EA.
PAVED AREAS. NOT ALLOWED UNTIL SOIL COMPACTION REPORT
IS SUBMITTED AND APPROVED BY THE PUBLIC
09 CONSTRUCT 72" RCP (SEE PROFILE FOR D -LOAD)
117
--
L.F.
APPLICANT/SUBDIVIDER:
17. THE CONTRACTOR AGREES THAT HE/SHE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR THE WORK DEPARTMENT.
JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT INCLUDING SAFETY OF 10 O
CONSTRUCT MANHOLE NO. 1 PER R.C.F.C. & W.C.D. STD. DWG. NO. MH251 --
3 EA.
MERITAGE HOMES OF CALIFORNIA
5 PETERS CANYON SUITE 310
ALL PERSONS AND PROPERTY, THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD 3. THE CITY RESERVES THE RIGHT TO REQUIRE 11 CONSTRUCT MANHOLE NO. 2 PER R. C. F. C. & W.C.D. STD. DWG. NO. MH252 --
--
EA. (949)
IRVINE, CA 92606
299-3848 OFFICE
THE OWNER, CITY OF BEAUMONT, AND THE DEVELOPER'S ENGINEER, HARMLESS FROM ANY AND ALL REVISION OF THE APPROVED PLANS TO CONFORM
LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT WITH CURRENT STANDARDS AND TO POST A NEW @
CONSTRUCT MANHOLE NO. 4 PER R. C. F. C. & W.C.D. STD. DWG. NO. MH254 7 5
EA.
(310) 266-8715 MOBILE
CONTACT. EFREM JOELSON
EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNERS OR THE DEVELOPER'S ENGINEER. BOND IF CONSTRUCTION HAS NOT COMMENCED
WITHIN TWO YEARS AFTER PLANS WERE APPROVED.
1 CONSTRUCT MANHOLE NO. 4 MODIFIED PER DETAIL ON SHEET 7 --
--
EA.
18. ALL PIPE LENGTHS ARE HORIZONTAL PROJECTIONS (NOT TRUE LENGTHS OF PIPE) AND ARE THE BASIS @
CONSTRUCT CURB INLET CATCH BASIN PER COUNTY OF RIVERSIDE STD. NO. 300 (W & V PER PLAN) 8 6
EA.
ASSESSOR'S PARCEL NO.
OF THE ESTIMATES OF QUANTITIES. THE CONTRACTOR SHALL DETERMINE THE TRUE QUANTITY OF PIPE 4. THE DEVELOPER SHALL HAVE GEOTECHNICAL/SOILS REQUIRED FOR THIS PROJECT PRIOR TO PLACING THE ORDER. ENGINEERING FIRM OBSERVE TRENCHING, BACKFILLING, AND 14 CONSTRUCT JUNCTION STRUCTURE NO. 2 PER R. C.F. C. & W C.D. STD. DWG. NO. JS227 6 1
EA.
406-060-012
SOIL COMPACTION OF ALL UTILITY TRENCHES WITHIN ALL
19. ALL ELEVATIONS SHOWN ARE TO THE INVERTS OF PIPE, EXCEPT WHERE OTHERWISE NOTED. EASEMENTS AND ROAD RIGHTS OF WAY TWO SETS OF 15 CONSTRUCT CONCRETE COLLAR PER R. C. F. C. & W.C.D. STD. DWG. NO. M803 6 5
EA.
20. AT THE DISCRETION OF THE ENGINEER AND THE CITY OF BEAUMONT, THE CONTRACTOR MAY BE REQUIRED COMPACTION REPORTS CERTIFYING THAT WORKS WERE DONE IN CONFORMANCE TO STANDARDS AND GEOTECHNICAL REPORT @
CONSTRUCT DOWNDRAIN TO PIPE TRANS. PER DETAIL ON SHEET 5 --
1 EA.
LEGEND
TO VERIFY, BY POTHOLING, THE LOCATION OF POTENTIALLY AFFECTED UTILITIES. SHALL BE SUBMITTED AFTER EACH UTILITY TRENCH IS
21. COMPLETED AND CERTIFIED. COMPACTION REPORT MUST BE
17 CONSTRUCT ENERGY DISSIPATER IMPACT BASIN PER A. P. W.A. 384-3 (W=8' H=6' L=11) 3 --
EA.
CIPCP CAST IN PLACE CONCRETE PIPE
CONTRACTOR SHALL DISPOSE OF ALL EXCESS EXCA VA TED MATERIAL AT MANDA TORY DISPOSAL SITE.
SUBMITTED TO THE DEPT. OF PUBLIC WORKS AT LEAST TWO
22. ALL BACKFILL AND BEDDING AROUND STRUCTURES AND PIPES SHALL BE COMPACTED TO NOT LESS THAN WORKING DAYS BEFORE AGGREGATE BASE MATERIALS ARE 18 INSTALL RIP -RAP
326
--
C. Y.
RCP REINFORCED CONCRETE PIPE
CMP CORRUGATED METAL PIPE
90 PERCENT RELATIVE COMPACTION EXCEPT WHERE SUCH MATERIAL IS PLACED UNDER EXISTING PAVED PLACED ONSITE.
ROADWAYS. THE TOP 3 FEET, MEASURED FROM THE FINISH PAVING, SHALL BE COMPACTED TO 95 @
CONSTRUCT INLET TYPE X PER R. C. F. C. & W.C.D. STD. DWG. NO. CB108 1 4
EA.
HDPE HIGH DENSITY POLYETHYLENE PIPE
HGL HYDRAULIC GRADE LINE
PERCENT RELATIVE COMPACTION. DECLARATION OF ENGINEER OF RECORD:
Os
CONSTRUCT JUNCTION STRUCTURE NO. 4 PER R. C. F. C. & W.C.D. STD. DWG. NO. JS229 1 1
EA.
TOP TOP OF PIPE
23. ALL SURVEY MONUMENTS SHALL BE REPLACED AS REQUIRED. MONUMENTS SHALL BE TIED OUT PRIOR TO CONSTRUCTION AND REPLACED UPON COMPLETION OF CONSTRUCTION. I HEREBY DECLARE THAT IN MY PROFESSIONAL OPINION, THE DESIGN OF THE 21 CONSTRUCT 12" P.V.C. SCH. 80)
(SCH.
--
--
L.F.
BOP BOTTOM OF PIPE
SD STORM DRAIN
IMPROVEMENTS AS SHOWN ON THESE PLANS COMPLIES WITH THE CURRENT PROFESSIONAL ENGINEERING STANDARDS AND PRACTICES. AS THE ENGINEER IN
24. IT SHALL BE THE RESPONSIBILITY OF THE DEVELOPER/OWNER OR CONTRACTOR TO APPLY TO THE Os
CONSTRUCT 54" RCP (SEE PROFILE FOR D -LOAD)
--
54 L.F.
INV INVERT
RESPONSIBLE CHARGE OF THE DESIGN OF THESE IMPROVEMENTS, I ACCEPT FULL DIRECTOR OF PUBLIC WORKS, CITY OF BEAUMONT FOR AN ENCROACHMENT PERMIT FOR ALL WORK RESPONSIBILITY FOR SUCH DESIGN. I UNDERSTAND AND ACKNOWLEDGE THAT THE PERFORMED WITHIN PUBLIC RIGHT-OF-WAY, DEDICATED AND ACCEPTED FOR PUBLIC USE; AND TO BE PLAN CHECK THESE PLANS THE CITY REVIEW FOR THE @
CONSTRUCT 60" RCP (SEE PROFILE FOR D -LOAD)
--
132
L.F.
PROP PROPOSED
EXIST EXISTING
OF BY OF BEAUMONT IS A
RESPONSIBLE FOR SATISFACTORY COMPLIANCE FOR ALL CURRENT ENVIRONMENTAL REGULATIONS DURING LIMITED PURPOSE OF ENSURING THAT THESE PLANS COMPLY WITH THE CITY THE LIFE OF CONSTRUCTION ACTIVITIES FOR THIS PROJECT ADDITIONAL STUDIES AND/OR PERMITS MAY PROCEDURES AND OTHER APPLICABLE CODES AND ORDINANCES. THE PLAN REVIEW 2O
CONSTRUCT CONCRETE HEADWALL PER CALTRANS STD 090 TYPE A --
--
EA.
C/L CENTERLINE
BE REQUIRED. PROCESS IS NOT A DETERMINATION OF THE TECHNICAL ADEQUACY OF THE DESIGN OF THE IMPROVEMENTS. SUCH PLAN CHECK DOES NOT THEREFORE RELIEVE ME OF sO
INSTALL 24" NDS SQUARE CATCH BASIN AND GRATE (MODEL NDS 2400 AND NDS 2411) OR APPROVED EQUAL --
--
EA.
TC TOP OF CURB
FL FLOWLINE
25. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CLEARING OF THE PROPOSED WORK AREA, AND MY DESIGN RESPONSIBILITY.
RELOCATION COSTS OF ALL EXISTING UTILITIES. PERMITTEE MUST INFORM CITY OF CONSTRUCTION 20 CONSTRUCT TRANSITION STRUCTURE NO. 3 PER R. C.F. C. & W C.D. STD. DWG. NO. TS303 --
2 EA.
FS FINISHED SURFACE
CB CATCH BASIN
SCHEDULE AT LEAST 48 HOURS PRIOR TO BEGINNING CONSTRUCTION. AS THE ENGINEER OF RECORD, I AGREE TO DEFEND AND INDEMNIFY THE CITY OF
BEAUMONT, ITS OFFICERS, ITS AGENTS, AND ITS EMPLOYEES FROM ANY AND ALL @
CONSTRUCT PIPE ANCHORS PER S.P.P. W C. STD. DWG. NO. 221-1 --
--
EA.
PRC POINT OF REVERSE CURVE
26. ALL UNDERGROUND FACILITIES WITH LATERALS SHALL BE IN PLACE PRIOR TO PAVING THE STREET, LIABILITY, CLAIMS, DAMAGES, OR INJURIES TO ANY PERSON OR PROPERTY ARISING INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: SEWER, WATER, ELECTRIC, STORM DRAINS. FROM NEGLIGENT ACTS, ERRORS OR OMISSIONS OF THE ENGINEER OF RECORD, HIS CONSTRUCT FOREBAY PER DETAIL ON SHEET 6
3 --
EA.
PCC POINT OF COMPOUND CURVE
WDID, 833C364442
27 EMPLOYEES, HIS AGENTS OR HIS CONSULTANTS.
IT SHALL BE THE RESPONSIBILITY OF THE DEVELOPER OR CONTRACTOR TO INSTALL AND MAINTAIN DURING Os
MANHOLE SHAFT SAFETY LEDGE PER A.P.W.A STD. DWG. NO. 330-01 OR EQUAL --
--
EA.
CONSTRUCTION, REGULATORY GUIDE AND WARNING SIGNS WITHIN THE PROJECT LIMITS AND ITS
SURROUNDINGS TO PROVIDE SAFE PASSAGE FOR THE TRAVELING PUBLIC AND WORKERS UNTIL THE FINAL 29 CONSTRUCT S.D. HEADWALL OUTLET PER DETAIL ON SHEET 2 --
1 EA.
AS BU
COMPLETION AND ACCEPTANCE OF THE PROJECT BY THE CITY OF BEAUMONT 02 11 22 GEORGE ALAN LENFESTEY R.C.E. 45920 DATE
@
REMOVE AND REPLACE CART PATH BY OTHERS
--
305
S.F.
28. CONSTRUCTION PROJECTS THAT DISTURB MORE THAN ONE ACRE MUST OBTAIN A NATIONAL POLLUTANT EXPIRATION DATE 12-31-2020
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT OWNER/DEVELOPERS ARE REQUIRED TO FILE A 31 REPLACE CART PATH BY OTHERS
--
--
S.F.
NOTICE OF INTENT (Na') WITH THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) AND COMPLY 32 CONSTRUCT CONCRETE BULHEAD PER R.C.F.C. & W.C.D. STD. DWG. NO. M816 8 3
EA.
INDEX OF SHEETS:
WITH ALL REQUIREMENTS OF THE BEAUMONT DRAINAGE MANAGEMENT PLAN. BEAUMONT IS CO-PERMITTEE WITH R. C. F. C. W.C.D.
@
CONSTRUCT CAST -IN -PLACE REINFORCED CONCRETE DOUBLE BOX CULVERT PER CALTRANS STD. DWG. NO. 081 169
--
L.F.
SHEET 1 - TITLE SHEET - VICINITY MAP - GENERAL NOTES -
LEGEND - CONSTRUCTION NOTES - QUANTITIES
29• ALL STORM DRAINS, CATCH BASINS, AND STORM WATER RUNOFF STRUCTURES WILL BE PROVIDED WITH
ADEQUATE CAPABILITIES TO FILTER AND RETAIN SEDIMENT AND DIRT, OIL, AND GREASE, TO PREVENT 34 CONSTRUCT BOX CULVERT WARPED WINGWALLS PER CALTRANS STD. DWG. N0. D86A 2 --
SHEET - IN/ X MAP
HE 3 - TO'M D'AI L N 'B ; 'B-1; 'B-2 , : -3 , '' - , '
POLLUTION IN STORM WATER RUNOFF IN COMPLIANCE WITH THE CITY OF BEAUMONT'S BEST MANAGEMENT
PRACTICES AND THE BEAUMONT DRAINAGE MASTER PLAN FOR STORM WATER AS WELL AS BEST 3 O
CONSTRUCT 30 RCP (SEE PROFILE FOR D -LOAD)
782
--
L.F.
ET 4 - O'M DIN L E "B" 'B-5" ":-. "
4 SHE - SR
MANAGEMENT PRACTICES IDENTIFIED IN THE CURRENT REPORT OF WASTE DISCHARGE FOR RIVERSIDE PERMITTEES.
@
CONSTRUCT CONCRETE INLET STRUCTURE PER DETAIL ON SHEET 5 1 --
EA.
E T . - STIR D IN '' ; ''- ': "H-1 " ' - ''COUNTY
''C-1,4; "C "C
30. DEVELOPER SHALL BE FULLY RESPONSIBLE IN ASSURING THAT PROPOSED IMPROVEMENTS CONFORM TO PECW
Al-
LINE F JU NC. LINE B © 13+03 SHTS 2, 3,&9;
2/22
O
CONSTRUCT CONCRETE HEADWALL PER CALTRANS STD 090 TYPE B 2 --
EA.
SHEET 7 - STORM DRAIN LINE -1A-1 , -1A-2"
4 SHEE : - STOR i D'Al E "G" 'D ; "0-1"
THE APPROVED PLANS, SPECIFICATIONS AND CITY OF BEAUMONT STANDARDS. WHERE DEVIATIONS EXIST, LINE C & C-1 PROF. REV. SHT 6; CB#13 & LINE
HEFT 9 - STORM DRAIN LINE 'l' 'F'
DEVELOPER SHALL PROPOSE CORRECTIVE MEASURES FOR REVIEW AND APPROVAL BY THE CITY ` '�
B-6 REMOVED SHT. 4&5.
S'E 10 - S OR /'
N E f ;�
PECW
8 CB#13 TC ELEV. REVISED SHEET 5; LINE C
9/21
SH ET 1 /A - STIR ' D'AI
H T 11
IN " : "E-1" " - ': & "E-7" 1
UPSIZED & X-ING DATA UPDATE, SHEET 6
- STORM DRAIN LATERAL PROFILES
BASIS OF BEARINGS:
DESCRIPTION.
THE BASIS OF COORDINATES FOR
THIS MAP IS THE CALIFORNIA STATE
PLANE COORDINATE SYSTEM, 1983,
6, BASED LOCALLY ON
CONTROL STATIONS "REST" AND
��
RABBIT'.
BEAR/NG.• N 2739'52" E
SEAL
DESIGN BY:
PEC
CITY 0 F BEAUM0NT, CALIFORNIA
s H E E T
OF 11 SHEETS
BENCHMARK:
"REST"
PECW
ADDED SHEET 10A; REVISED LINES: D, D-1, D-2,
2/18
PROACTIVE ENGINEERING
UNDERGROUND
�
�D
Nil ZONE
O
�
SERVICE
ALERT
17 DIAL
AT
OF
TOLL FREE
8-1-1
LEAST TWO DAYS
BEFORE YOU DIG
SOUTHERN CALIFORNIA
DESCRIPTION. USGS MONUMENT
BENCHMARK DISK SET IN TOP OF
D-3, E, E-1, E-2, E-3, H, H-1, & H-2; ADDED
CONSULTANTS WEST, INC.
�`0
QRpFESS/
PLAN �F ��
N,, F�
a F�
No. 45920
Exp. 12/31/20
r�civi� ��Q
9TFOF CO�
2 Reviewed By: Date:
STORM DRAIN IMPROVEMENT PLANS
DRAWN BY:
PEC
STAFF ENGINEER
Recommended for Appruvui By: Date:
TRACT NO. 31462
CONCRETE MONUMENT STAMPED "REST
LINE E-7; ADDED RCP PRESSURE NOTE; ADDED
251109eJEFFERSONN2 AVE SUITE zoa
95i-zoo-ea4o
CHECKED BY:
PEC
1972" ON DESERT LAWN DRIVE ACROSS
PHASE LINE; CORRECTED SD DATA LABELS.
PROACTIVE
Approved By:
! ,
Date 02/22/2022
TITLE SHEET - VICINITY MAP - GENERAL NOTES
LEGEND - CONSTRUCTION NOTES -
THE DRIVE FROM DESERT LAWN
CEMETERY 25.3 FT N.E. OF THE DRIVE
PECW
0 LINE B ADJUSTED; LAT. B-6 X-ING DATA; LINE
6/21
ENGINEERING WEST
SCALE:
As NOTED
CENTERLINE 24.9 FT S.W.OF THE S. W.
EDGE OF THE SOUTH EASTBOUND LANES
C OUTLET REDESIGN
CITY
ENGINEER
QUANTITIES
DRAWING NAME:
DATE.
02/11/22
OF INTERSTATE HIGHWAY 10
BY
MARK
DESCRIPTION
APPR.
DATE
02/11/22
City of Beaumont �uuil� CJI VV KJ Department
'
FILE NO.:
#3093D
ELEV. 2491.44, NGVD 29
ENGINEER
REVI S I ONS
CITY
GEORGE ALAN L NFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
JOB NUMBER:
06.002.000
Engineering Division
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:51am By: alexj
DWG: N:\06.002.000\Drawings\Storm Drain Improvements\31462 PH 4 INF SD PLANS\Delta 4\31462 SD INF SHT 01.dwg
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-2-6H
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27 ./
26 j Qioo IN- 4.7 CFS
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25 'A'
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PROP. SLOPE
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LINE 8-1
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/
S.D. PER PLAN
29 MIN
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LINE 'D-2'
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\ LINE
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PLAN 090 *
DETAIL ABOVE') `
9 SERVICE
J
ALERT
p
DIAL
AT
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TOLL FREE
8-1-1
LEAST TWO DAYS
BEFORE YOU DIG
SOUTHERN CALIFORNIA
TEMP. CMP PIPE.
��
o
c�
`r�civit_
�QOFESS/p
0� PLAN (F ��
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w --'`'1-<
No. 45920 m
Exp. 12/31/20
Q
9TFOF CAO�
�'
STORM DRAIN IMPROVEMENT PLANS
TRACT NO. 31462
INDEX MAP
DRAWN BY:
PEC
STAFF ENGINEER
Recommended for A ruvui By: Date:
pp
PECW
A
LINE F REDESIGN & REMOVAL OF CB No. 13
I
2/22
CHECKED BY:
PEC
PROACTIVE
ENGINEERING WEST
Approved By:
Date 02/22/2022
SCALE:
AS NOTED
02/11/22
CITY ENGINEER
DRAWING NAME:
DATE:
02/11/22
BY
MARK
DESCRIPTION
APPR.
DATE
City of Beaumont, Public, Works Department
Engineering Division
FILE
FILE NO.:
#3093D
ENGINEER
REVI S I ONS
CITY
JOB NUMBER:
06.002.000
GEORGE ALAN L NFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:52am By: alexj
DWG: N:\06.002.000\Drawings\Storm Drain Improvements \31462 PH 4 INF SD PLANS\Delta 4\31462 SD INF SHT 02.dwg
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CITY ENGINEER
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OF INTERSTATE HIGHWAY 10
BY
MARK
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City of Beaumont Public Works Department
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NO.:
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ELEV. 2491.44, NGVD 29
ENGINEER
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CITY
JOB NUMBER:
06.002.000
GEORGE ALAN L NFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:52am By: alexj
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PRIVATE ENGINEER
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BENCHMARK:
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BENCHMARK DISK SET IN TOP OF
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»
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ELEV. 2491.44, NGVD 29
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A
ADDED SD ELEV. TO TEMP. CMP & ADDED CONC.
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SEAL
DESIGN BY:
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Reviewed By:
Date:
CITY OF BEAUM0NT, CALIFORNIA
SHEET
4 OF 11 SHEETS
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02/11/22
CITY ENGINEER
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02/11/22
BY
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DESCRIPTION
APPR.
DATE
_ .
t Public. _ Works Department
City of Beaumont, Publ c. Wor KJ L epartmentGEOR
Engineering Division
FILE NO.:
#30930
ENGINEER
REVI S I ONS
CITY
JOB NUMBER:
06 02.000
R.C.EGE ALAN LNFESTEY DATE
45920 EXP. 12 31-2020
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:52am By: alexj
DWG: N:\06.002.000\Drawings\Storm Drain Improvements\31462 PH 4 INF SD PLANS\Delta 4\31462 SD INF SHT 04.dwg
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...................................
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SEE
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111/i
/
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LENGTH TANGENT
/
PRIVATE ENGINEER SIGNING
THESE 36 2�CONSTRUCT
» 462-2 m/
24 RCP (SEE PROFILE FOR DLOAD) //IPLANS
..THE
lS RESPONSIBLE FOR
ASSURING THE
1 N7049 11E
7.90 n � 31462-21
ACCURACY AND ACCEPTABILITY
OF THE
2 37°47'41 "
22.50'
14.84'
7.70'
1..... /NE
1.11'
8 CONSTRUCT CONCRETE FLARED END SECTION PER HANSOM PIPE AND PRECAST OR APPROVED EQUAL 17 n DESIGN HEREON. IN THE
EVENT OF
3 0712'19"
22.50'
2.83'
1.42'
1.... /NE
DISCREPANCIES ARISING AFTER
CITY
\ CONSTRUCT 72" RCP (SEE PROFILE FOR D LOAD)
OR DURING CONSTRUCTION,
THE
MANHOLE & JUNCTION STRUCTURE DATA TABLE
13 CONSTRUCT CURB INLET CATCH BASIN PER COUNTY OF RIVERSIDE STD. NO. 300 (W & V PER PLAN)
PRIVATE ENGINEER SHALL
FOR DETERMINING AN ACCEPTABLE
BE RESPONSIBLE
SOLUTION
MAIN
LATERAL LEFT
LATERAL RIGHT
D1
D2
(6APPROVAL
AND REVISING THE PLANS
FOR APPROVAL BY
STRUCTURE
LINE
NAME
A
B
C
L
NAME
A
B
C
L
14 CONSTRUCT JUNCTION STRUCTURE NO. 2 PER R. C. F. C. & W.C.D. STD. DWG. NO. ✓S227.
THE CITY.
J.S. #4 10+11.22
LINE H
LINE H-1
45'00'00"
18"
4.5'
5.75'
-
-
-
-
18"
18"
16 CONSTRUCT DOWNDRAIN TO PIPE TRANS. PER DETAIL ON SHEET 5 0_CONSTRUCT CONCRETE COLLAR PER R. C. F. C.
NOTE:
J.S. #4 10+71.22
LINE H
LINE H-2
4500'00"
18"
4.5'
5.75'
-
-
-
-
-
18"
18"
1 EASEMENT FOR
ACCESS, GRADING & INSTALLATION OF
@/NSTALL RIP -RAP & W. C.D. STD. DWG. NO. M803
WORK CONTAINED WITHIN
THESE PLANS SHALL
DRAINAGE, SLOPE
STABILIZATION, AND LANDSCAPE &
40'
0 40'
80'
120'
NOT COMMENCE UNTIL AN
ENCROACHMENT
IRRIGATION AS
PER GIFT DEED REC. 12/28/2000 PER
36 CONSTRUCT CONCRETE INLET STRUCTURE PER DETAIL HEREON
PERMIT AND/OR A GRADING
BEEN ISSUED.
PERMIT HAS
INSTR. #2000-516795,
O.R.
37 CONSTRUCT CONCRETE HEADWALL PER CALTRANS STD 090 TYPE B SCALE:
1"=40'
BENCHMARK:
DESCRIPTION: USGS MONUMENT "REST"
BENCHMARK DISK SET IN TOP OF
C:09A712CfEoTNE MONUMENT STAMPED "REST
DESERT LAWN DRIVE ACROSS
THE DRIVE FROM DESERT LAWN
CEMETERY 25.3 FT N.E. OF THE DRIVE
CENTERLINE 24.9 FT S.W.OF THE S. W.
EDGE OF THE SOUTH EASTBOUND LANES
OF INTERSTATE HIGHWAY 10
ELEV. 2491.44, NGVD 29
PECW
REVISED LINE H, H-1 & H-2; CORRECTED RIP-
12/17
SEAL
DESIGN BY:
PEC
Reviewed By: Date:
CITY OF BEAUMONT, CALIFORNIA
SHEET
of 11 SHEETS
PROACTIVE ENGINEERING
CONSULTANTS WEST, INC.
25109 JEFFERSON AVE. SUITE 200
MURRiern, CA 92562
95 -zoo-ea4o
�
D
��
w
UNDERGROUND
`
O
♦
a
rt‘
'
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ik
ALERT
p
DIAL
AT
OF
�,
TOLL FREE
8-1-1
LEAST TWO DAYS
BEFORE YOU DIG
SOUTHERN CALIFORNIA
BASIS OF BEARINGS:
DESCRIPTION.
THE BASIS OF COORDINATES FOR
THIS MAP lS THE CALIFORNIA STATE
PLANECOORDINATESYSTEM, 1983, 9
ZONE 6, BASED LOCALLY ON
CONTROL STATIONS "REST" AND
��
RABBIT' .
BEARING: N 2739'52" E
RAP DEPTH NOTE; REVISED SEWER CROSSING.
���
'
p
w
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QROFESS/
PLAN t ,A,
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s
w m
�, No. 45920
Exp. 12/31/20
Civil- ��Q
9TFOF CO
m
*
STORM DRAIN IMPROVEMENT PLANS
TRACT NO. 31462
LINE A' 'H' 'H-1' AND 'H-2'
DRAWN BY:
PEC
STAFF ENGINEER
Recommended for A ruvui B Date:
pp y'
PECW
LINE B-6 & CROSSING DATA REVISED
6/21
BY:till
PEC
PECW
0 CB#13
TC ELEV. REVISION
/ 21
PROACTIVE
ENGINEERING
WEST
Approved By:
Datea2/22/2022
PECW
LINE B-6 REMOVED
2/22
SCALE:
As NOTED
02/11/22
I
CITY ENGINEER
DRAWING NAME:
DATE:
02/11/22
BY
MARK
DESCRIPTION
APPR.
DATE
City of Beaumont, Public VVCJI KJ Department
Engineering Division
FILE NO.:
#30930
ENGINEER
REVI S I ONS
CITY
JOB NUMBER:
06.002.000
GEORGE ALAN L NFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:53am By: alexj
DWG: N:\06.002.000\Drawings\Storm Drain Improvements\31462 PH 4 INF SD PLANS\Delta 4\31462 SD INF SHT 05.dwg
I
1 /
239.4 CFS
Qioo= 131.6 CFS
Qioo=
117.2
CFS
it
0100= 112.2 CFS
Q, = 3.4
CFS
0 „= 3.1 CFS
IQioo=
_,
K =
13.2 FPS
VM,x=
6.7 FPS
\
K Y=
24.9 PS
2244.03
TOP
Vu 16.4 FPS
I/4w= 1.9
FPS
VmAx= 1.8 FPS
/
.
,v(=
N-
\
427 SD
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@
C/L
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I
\
/
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2244.69
BOP
=
2246.86
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I
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44 =
8 FM
\
2243.20
'TOP
F.
S.
C/L
STORM
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o
42"
SD
/
@
/
N 0
F.S.
@
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AS PER GIFT DEED RFC. 12/28/2000 PER ��
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Ox )�? / N.T.S.
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,max
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1 6 ' -. &s -s JR &742-23
� r�
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7,
\ �� ,, X`Ssr�
THE PRIVATE ENGINEER
SIGNING THESE
1 •. 15
G j?�
PLANS IS RESPONSIBLE
FOR ASSURING THE
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I �•
,�
MANHOLE & JUNCTION STRUCTURE DATA TABLE
ACCURACY AND
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% \ \ �� ���E r►%
DESIGN HEREON.
IN THE EVENT OF
�3 TP
\` 11 p0 g3 ` J 4 2 " J
MAIN
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LATERAL RIGHT
D
D2 I
DISCREPANCIES
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NAME
A
B
C
L
NAME
A
B
C
L
1 12 '1g ��\'1' �•C' � �`'' '' ��
4 APPROVAL ,
ORSDURING
CONSTRUCTION, THE
-�`
J 7i1iF�C
M.H. #4 11+33.03
LINE C
-
-
-
-
-
LINE C-1
573535
42" 5.0
8.75 ch.,A 1-
60 PRIVATE ENGINEER
SHALL BE RESPONSIBLE
1 -1 '$
FOR DETERMINING
AN ACCEPTABLE SOLUTION
5 \1 \\
M. M.H. /4 13+76.90
LINE C-1
-
-
-
-
-
LINE C -1A
4955'48"
24"
2.33'
7.0'
42"
42"
REVISING THE
PLANS FOR APPROVAL BY
/ -17-----17----11+92.90 EC• �
1,
THEAND
CI
NOTE:
/ 40' 0 40' 80' 120'
WORK CONTAINED
WITHIN THESE PLANS SHALL
I
NOT COMMENCE
UNTIL AN ENCROACHMENT
SCALE: 1"=40'
PERMIT AND/OR
A GRADING PERMIT HAS
BEEN ISSUED.
BENCHMARK:
DESCRIPTION: USGS MONUMENT "REST"
BENCHMARK DISK SET IN TOP OF
CONCRETE MONUMENT STAMPED "REST
1972" ON DESERT LAWN DRIVE ACROSS
THE DRIVE FROM DESERT LAWN
CEMETERY 25.3 FT N.E. OF THE DRIVE
CENTERLINE 24.9 FT. S. W. OF THE S.W.
EDGE OF THE SOUTH EASTBOUND LANES
OF INTERSTATE HIGHWAY 10
ELEV. 2491.44, NGVD 29
PECW
A
REVISED H-1 & H-2; CORRECTED PIPE SIZE &
12/17
SEAL
DESIGN BY:
PEC
Reviewed By: Date:
CITY OF BEAUMONT, CALIFORNIA
SHEET
6 OF 11 SHEETS
PROACTIVE ENGINEERING
CONSULTANTS WEST, INC.
25109 JEFFERSON AVE SUITE 200
MURRIETA, CA 92562
951-200-6840 ��
""""""""'
UNDERGROUND
�*
♦ OOP>
4 �
iiL
SERVICE
""'"'""
ALERT
p
DIAL
AT
BEFORE
OF
TOLL FREE
8-1-1
LEAST TWO DAYS
YOU DIG
SOUTHERN CALIFORNIA
BASIS OF BEARINGS:
DESCRIPTION:
THE BASIS OF COORDINATES FOR STAFF
THIS MAP IS THE CALIFORNIA STATE
PLANE COORDINATE SYSTEM, 1983,
ZONE 6, BASED LOCALLY ON
»
CONTROL STATIONS REST" AND
»
"RABBIT".
BEAR/NG.• N 27°39'52" E
MANHOLE STA. CALLOUT; ADDED NOTE 27.
U,
w
�QROFESS/p
o PLAN ( 4/A,
\�
Fs
a -
w m
, No. 45920
Exp. 12/31/20
��CIVIL ��Q
9TFOF CAO�
z
m
m
STORM DRAIN IMPROVEMENT PLANS
TRACT NO. 31462
LINE C, C-1 LINE H-1, LINE 7-1-2'
DRAWN BY:
PEC
ENGINEER
Recommended for A ruvui By: Date:
pp
PECW
A
LINE C RIPRAP OUTLET LAYOUT & ROCK SIZE
6 21
/
CHECKED BY:
PEC
PECW
Q
LINE C UPSIZE 11+38.93 TO 11+92.90
9/21
PROACTIVE
ENGINEERING WEST
Approved By:
'
`� Date 02/22/2022
PECW
LINE C & C-1 REDESIGN
I�
2/22
SCALE:
AS NOTED
02/11/22
CITY ENGINEER
DRAWING NAME:
DATE:
02/11/22
BY
MARK
DESCRIPTION
APPR.
DATE
City of Beaumont �uuilPublic, VVCJI KJ Department
'
Engineering Division
FILE NO.:
#3093D
ENGINEER
REVI S I ONS
CITY
JOB NUMBER:
06.002.000
GEORGE ALAN L NFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:53am By: alexj
DWG: N:\06.002.000\Drawings\Storm Drain Improvements\31462 PH 4 INF SD PLANS\Delta 4\31462 SD INF SHT 06.dwg
Qroo= 2.5 CFS
O100=
132 CFS
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10.7 CFS
Q1oo= 9.8
CF.
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—
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16.6 FPS
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17.3 FPS
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FPS
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P
"' "` � Date 02/22/2022
SCALE:
AS NOTED
02/11/22
CITY ENGINEER
DRAWING NAME:
DATE:
02/11/22
BY
MARK
DESCRIPTION
APPR.
DATE
City of Beaumont �uuilPublic. VVCJI KJ Department
' FILE
Engineering Division
NO.:
#30930
ENGINEER
REVI S I ONS
CITY
JOB NUMBER:
06.002.000
GEORGE ALAN L NFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:54am By: alexj
DWG: N:\06.002.000\Drawings\Storm Drain Improvements\31462 PH 4 INF SD PLANS\Delta 4\31462 SD INF SHT 07.dwg
dFS
Qioo= 90.5
0100=
CFS /
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/
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V,�x=
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ABOVE PROFILE
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o
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DRAINAGE, SLOPE STABILIZATION, AND
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SCALE: 1"=40'
NOT COMMENCE
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UNTIL AN ENCROACHMENT
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INSTR. #2000-516795, 0.R.
BENCHMARK:
DESCRIPTION: USGS MONUMENT "REST"
BENCHMARK DISK SET IN TOP OF
MONUMENT STAMPED "REST
1972 ON DESERT LAWN DRIVE ACROSS a
THE DRIVE FROM DESERT LAWN PROACTIVE
25.3 FT. N.E. OF THE DRIVE
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PEC
Reviewed By: Date:
CITY OF BEAUMONT, CALIFORNIA
SHEET
8 OF 11 SHEETS
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THIS MAP IS THE CALIFORNIA STATE
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02/11/22
BY
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DESCRIPTION
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DATE
_ .
1 Public. _ Al, _ ._,._ Deportment
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Engineering Division
FILE NO.:
#30930
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JOB NUMBER:
06 02.000
R.C.EGE ALAN L S Y DATE
45920 EXP. 12 31-2O20
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:54am By: alexj
DWG: N:\06.002.000\Drawings\Storm Drain Improvements\31462 PH 4 INF SD PLANS\Delta 4\31462 SD INF SHT 08.dwg
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FILE NO.:
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JOB NUMBER:
06.002.000
GEORGE ALAN L NFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:55am By: alexj
DWG: N:\06.002.000\Drawings\Storm Drain Improvements \31462 PH 4 INF SD PLANS\Delta 4\31462 SD INF SHT 09.dwg
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48"
RCP 30000
36" RCP
14500
36" RCP
14500
CONST
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L.F.
HORIZ.• 1"=40'
CONST. 34.17 L.F.
_
_
36" RCP 20000
_
36" RCP 2000D
VER T.• 1"=4'
10+00 11+00 12+00 13+00 14+00
`
15+00 16+00 17+00 18+00 19+000
20+00 21+00 22+00
\ 0100=43.83 CFS CONSTRUCTION NOTES
MANHOLE & JUNCTION STRUCTURE
DATA TABLE
•
"B" I ��I '
PROPOSED TUNNEL
- 1JCONSTRUCT 18" RCP (SEE PROFILE FOR D LOAD)
x
17 CONSTRUCT ENERGY DISSIPATER IMPACT BASIN PER A. P. W.A. 384-3 (W=8' H=6' L=11)
PER SEPARATE
PLANS •
MAIN
LATERAL LEFT
LATERAL RIGHT
D
D2
i 1 88 FNi
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19 CONSTRUCT INLET TYPE X PER R.C.F.C. C. & W C.O. STD. DWG. NO. CB108
STRUCTURE
LINE
NAME
A
B
C
L
NAME
A
B
C
L
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25 CONSTRUCT TRANSITION STRUCTURE N0. 3 PER R.C.F.C. & W.C.O. STD. DWG. NO. TS303 J.S. #2 10+94.82
LINE E
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7.01'
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48"
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26 CONSTRUCT PIPE ANCHORS PER S. P. P. W. C. STD. DWG. N0. 221-1 M.H. 4 11+83.19
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M.H. #4 15+41.26
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7.7'
7.69'
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13 CONSTRUCT CURB INLET CATCH BASIN PER COUNTY OF RIVERSIDE STD.
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`� Date 02/22/2022
THE DRIVE FROM DESERT LAWN
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EDGE OF THE SOUTH EASTBOUND LANES
02/11/22
CITY ENGINEER
DRAWING NAME:
DATE:
02/11/22
OF INTERSTATE HIGHWAY 10
BY
MARK
DESCRIPTION
APPR.
DATE
City of Beaumont Public KJ Department
' VVCJI
Engineering Division
FILE NO.:
#3093D
ELEV. 2491.44, NGVD 29
ENGINEER
REVI S I ONS
CITY
JOB NUMBER:
06.002.000
GEORGE ALAN L NFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:56am By: alexj
DWG: N:\06.002.000\Drawings\Storm Drain Improvements\31462 PH 4 INF SD PLANS\Delta 4\31462 SD INF SHT 10.dwg
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CITY ENGINEER
ENGINEER
DRAWING NAME:
DATE:
02/11/22
BY
MARK
DESCRIPTION
APPR.
DATE
City of Beaumont, Public Department
Engineering Division
FILE NO.:
#30930
ENGINEER
REVI S I ONS
CITY
JOB NUMBER:
06.002.000
GEORGE ALAN L NFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
FOR: MERITAGE HOMES OF CALIFORNIA
Plotted: Feb 11, 2022 — 11:56am By: alexj
DWG: N:\06.002.000\Drawings\Storm Drain Improvements\31462 PH 4 INF SD PLANS\Delta 4\31462 SD INF SHT 10A.dwg
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When Recorded Return
Original To:
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
NO RECORDING FEE REQUIRED PER
GOVERNMENT CODE SECTION 27383
CERTIFICATE OF ACCEPTANCE
NOTICE is hereby given that the CITY OF BEAUMONT, 550 East 6th Street, Beaumont, California, 92223, a municipal corporation, is the owner in fee of easements in the properties hereinafter described. Said owner hereby ACCEPTS the maintenance of the following improvements:
Storm Drain Improvements at Tract No. 31462 PH 4A.
on the property hereinafter described and that was COMPLETED prior to June 17, 2025, by the developer(s).
The property on which said improvement was completed in the City of Beaumont, County of Riverside, and State of California lying within a portion of Section 36, Township 2 South, Range 2 West, San Bernardino Meridian.
Date Mike Lara,
Mayor of the City of Beaumont, CA
VERIFICATION:
I the undersigned am the Mayor of the City of Beaumont, the declaring of the foregoing Notice of Acceptance. I have read the said Notice of Acceptance and know the contents thereof: The same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Date Mike Lara,
Mayor of the City of Beaumont, CA
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On before me, Notary Public, personally appeared
, MAYOR OF THE CITY OF BEAUMONT, CALIFORNIA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within the instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
BY:
NOTARY
(SEAL)
BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
Lisa Leach, CPA, Assistant Finance Director
DATE June 17, 2025
SUBJECT: Fiscal Year 2024 City of Beaumont, California Multiple Species Habitat Conservation Plan Agreed Upon Procedures Report
Description Results of the MSHCP Agreed Upon Procedures Background and Analysis:
The City of Beaumont is required to collect and remit development mitigation fees as part of its participation in the Multiple Species Habitat Conservation Plan (MSHCP), which aims to preserve ecosystems and wildlife corridors. The Western Riverside County Regional Conservation Authority (RCA) engaged Eide Bailly LLP, an independent accounting firm, to perform agreed -upon procedures evaluating Beaumont's compliance with fee collection and remittance requirements.
Agreed -Upon Procedures Overview
An Agreed -Upon Procedures (AUP) engagement is a form of review where specific procedures are performed at the request of a third party. Unlike a full financial audit, an AUP does not express an opinion or conclusion but instead reports factual findings based on the agreed -upon scope of work. In this case, the RCA identified compliance - related procedures regarding Beaumont's collection and remittance of MSHCP mitigation fees.
Summary of Findings
Eide Bailly LLP conducted its review per the procedures detailed in Attachment A of the report dated May 15, 2025. Key findings include:
• Fees Collected: The City collected a total of $1,399,362 in mitigation fees from building permits during FY 2024.
• Ordinance Compliance: No new ordinances or resolutions regarding MSHCP fees were adopted in FY 2024. Beaumont continues to follow Ordinance No. 1131 (adopted May 18, 2021) and Resolution No. 2021-19. • Permit Testing: Of 38 building permits tested, six exceptions were noted:
o Five permits were incorrectly used for prior -year MSHCP fees. As a result, Beaumont owes RCA $1,336.91 in additional fees plus interest of $92.49.
o One permit was overcharged, meaning RCA owes Beaumont a refund of $165,840. A letter of refund request was signed by the City Manager and sent to RCA on May 14, 2025.
• Civic & Infrastructure Projects:
o The Mesa Lift Station Force Main Project did not remit the required MSHCP fee. Beaumont owes RCA $19,411.45, plus $1,087.61 in interest. o The Stewart Park Improvement and Veterans & First Responders Memorial Plaza projects were deemed exempt.
The City has indicated that the outstanding remittances and interest calculations will be included in its May 2025 report to RCA.
Fiscal Impact:
• $1,336.91 in additional fees owed to RCA
• $92.49 in interest on outstanding payments
• $19,411.45 owed for civic infrastructure project fees • $1,087.61 in interest related to the civic infrastructure project • $165,840 refund due from RCA
The additional fees for the civic infrastructure will be charged to the project costs. The additional permit fees will be attempted to be recovered by the developer, otherwise, they will be charged to the Public Works budget. The refund due from RCA will be remitted back to the developer. The cost to prepare this report is $250.
Recommended Action:
It is recommended that the City Council receive and file the Agreed Upon Procedures Report for the MSHCP Fees Compliance Review for the fiscal year ended June 30, 2024.
Attachments:
A. FY 2024 City of Beaumont California Multiple Species Habitat Conservation Plan Agreed Upon Procedures Report
Agreed Upon Procedures
June 30, 2024
City of Beaumont, California
Multiple Species Habitat Conservation Plan
EideBai11y
eidebailly.com
EideBailly
CPAs & BUSINESS ADVISORS
Independent Accountant's Report
The Board of Directors
Western Riverside County Regional Conservation Authority (RCA) Riverside, California
We have performed the procedures enumerated in Attachment A, on the fees collected and remitted in accordance with the Multiple Species Habitat Conservation Plan (MSHCP) Implementing Agreement and the Joint Exercise of Powers Agreement (JPA creating the RCA dated January 27, 2004) for the fiscal year ended June 30, 2024. The City of Beaumont's (City) management is responsible for the collection and remittance of MSHCP fees and compliance with the MSHCP.
RCA has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of evaluating the City's compliance with the MSHCP and we will report on findings based on the procedures performed. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.
The procedures and any associated findings, as applicable, are listed in Attachment A.
We were engaged by RCA to perform this agreed -upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the collection and remittance of mitigation fees or compliance in accordance with the MSHCP. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.
We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed -upon procedures engagement.
This report is intended solely for the information and use of the Board of Directors and management of RCA and is not intended to be and should not be used by anyone other than these specified parties.
Rancho Cucamonga, California
May 15, 2025
What inspires you, inspires us. eidebailly.com 1
10681 Foothill Blvd., Ste. 300 Rancho Cuc3m C4§79f3g'1 7"T 909.466.4410 F 909.466.4431 EOE
Attachment A
City of Beaumont, California
Multiple Species Habitat Conservation Plan
Procedures and Findings
Fiscal Year June 30, 2024
(Unaudited)
Our procedures and findings are as follows:
1. Obtain any updates to the Member Agency's ordinance and/or resolution for collection of the MSCHP fees.
Finding: Per inquiry with the City of Beaumont (the City), there were no new ordinances or resolutions in Fiscal Year 2024. The most recent Ordinance was adopted on May 18, 2021, Ordinance No. 1131, as well as a resolution on April 20, 2021, Resolution No. 2021-19. This Ordinance superseded Resolution No. 2003-29 and established the development mitigation fee for funding the preservation of ecosystems in accordance with the MSHCP.
2. Upon obtaining the updates, determine if the ordinance is in accordance with the 2020 model ordinance and resolution.
Finding: Procedure not applicable. The City stated no new ordinances were adopted during Fiscal Year 2024.
3. Determine if fees on the building permits are collected in accordance with the Member Agency ordinance and resolution.
Finding: The City ordinance stated that the MSHCP fee must be collected prior to issuance of permit. We tested 38 permits as described in procedure 5. Six (6) exceptions were noted.
4. Obtain the schedule of fees collected on MSHCP building permits for the year ended June 30, 2024.
Finding: We obtained the schedule from the City noting the total amount collected for building permits for the year ended June 30, 2024 was $1,399,362.
5. Obtain a listing of building permits issued during the year ended June 30, 2024. Identify the new construction, additions, accessory dwelling units, and commercial/industrial permits. Also, obtain a listing of parks or other community serving amenities and backbone roads built by developers.
Finding: We obtained the population of 2,340 issued permits from July 1, 2023 through June 30, 2024. From the listing, we identified new construction and commercial/industrial permits by Work Class: "Commercial (New) — BLDG", "New", "Single Family Dwelling (New) - BLDG", "Accessory Dwelling Unit - BLDG", "Addition - BLDG", and "Residential Remodel — BLDG (Alterations)". We noted a total of 289 building permits issued during the year. 275 building permits were for New Construction and Commercial/Industrial and 14 building permits were for ADUs, Additions, and Alterations. We haphazardly selected 28 new construction and commercial/industrial permits. We selected 10 permits for additions and ADUs for testing, for a total of 38. • 28 building permits were subject to the MSHCP fees.
• 10 building permits were exempt under Chapter 3 of the MSHCP Mitigation Fee Implementation Manual due to being an ADU or addition where the square footage was 749 or less, or under Section 9 of the Ordinance due to either no additional usable square footage or a conversion of existing space. 2
Attachment A
City of Beaumont, California
Multiple Species Habitat Conservation Plan
Procedures and Findings
Fiscal Year June 30, 2024
(Unaudited)
One (1) permit from our sample had an exception as follows:
• For one (1) permit, the calculation of the MSCHP Fee was incorrect, the fee was overcharged. $4,236 MSHCP Fee was used instead of the correct $781 for a building permit with 48 dwelling units. See procedure 9 for amount due from RCA.
• For five (5) permits, the prior year MSHCP Fee of $3,947 was incorrectly used. Due to this, the MSHCP Fee owed to RCA is $1,336.91. See procedure 8 for interest due to RCA. 5a. Select for testing 10% of new construction, and commercial/industrial building permits, selecting no less than 25 permits or 100% of permits if total permits for new construction and commercial/industrial is less than 25.
Finding: See Result from procedure 5.
5b. Select for testing 10% of additions (that add usable square footage) and accessory dwelling units (ADUs), selecting no less than 10 permits or 100% of permits if total permits for additions and ADUs is less than 10.
Finding: See Result from procedure 5.
5c. Select for testing 10% of parks or other community serving amenities or backbone roads built by developers, selecting no less than three (3) or 100% if the number of amenities/backbone roads is less than three (3).
Finding: Per inquiry with the City, it was asserted there were no applicable projects.
6. Recalculate the fees collected by the Member Agency on building permits to determine if they are correct and if the correct amounts have been remitted to the RCA. If fees are incorrect, determine the fees that should have been collected and remitted.
Finding: For the sample selected in procedure 5 above, the building permit fees were recalculated and agreed to the amount collected and remitted except for the six (6) exceptions noted in procedure 5.
7. Determine if fees collected on building permits were remitted to the RCA within 90 days of the earlier of the date they were collected or should have been collected.
Finding: Per the JPA dated January 27, 2004, all development mitigation fees must be remitted to the RCA within 90 days of the earlier of the date they were collected or should have been collected. No exceptions were noted as a result of this procedure.
8. If amounts are due to the RCA on building permits, calculate interest owed, based on the MSHCP Mitigation Fee Implementation Manual using the interest rate paid by Riverside County (County) Treasury on amounts held by the County.
Finding: For the exceptions noted in Procedure 5, the permits had charged the incorrect MSHCP Fee. The City represented they plan to remit $92.49 to RCA with their May 2025 report. 3
Attachment A
City of Beaumont, California
Multiple Species Habitat Conservation Plan
Procedures and Findings
Fiscal Year June 30, 2024
(Unaudited)
9. Determine additional amounts, if any, which should be returned to the Member Agency by the RCA for building permits collected in error.
Finding: Per the exception noted in procedure 5, where the MSHCP Fee was overcharged, the amount due from RCA is $165,840.
10. Obtain a list of all construction (civic and infrastructure) contracts awarded by the Member Agency during the fiscal year. Select a sample of 10% of the contracts for testing, selecting no less than three contracts, or 100% of contracts if the total number of contracts is less than three.
Finding: We obtained a list of 18 infrastructure and civic contracts awarded by the City during the year ended June 30, 2024. We haphazardly selected three (3) infrastructure and civic contracts from the list provided.
11. Compute the amount of MSHCP fees on the civic and infrastructure contracts that should have been remitted.
Finding: The City asserted each of the civic and infrastructure contracts selected for inspection were exempt. We inspected the contracts, project descriptions, and other supporting documentation summarized as follows:
• Public Works Agreement- Stewart Park Improvement Project (C24-68) - The City asserted this project was exempt under Chapter II.H of the RCA's fee collection and remittance policy as a maintenance and safety project, as defined in Chapter 5 of the MSHCP. The project was awarded on 6/18/2024 for $11,369,148. The project consists of demolition of existing park facilities and former streets along E. 9th St and E. 10th Street between Orange Avenue and Maple Avenue. It also includes grading and construction of stormwater features within the park site, installation of new headwalls and culverts, construction of a new multi -level playground, and installation of new irrigation system. This project will not result in additional square footage. No exceptions were noted as a result of this procedure. • Veterans and First Responders Memorial Plaza (C24-18) - The City asserted this project was exempt under Chapter II.H of the RCA's fee collection and remittance policy as a maintenance and safety project, as defined in Chapter 5 of the MSHCP. The project was awarded on 3/5/2024 for $1,499,350.
The project consists of the renovation of the Plaza, including demolition, irrigation, landscaping, electrical, mechanical, and structural improvements. No exceptions were noted as a result of this procedure.
• Mesa Lift Station Force Main (C23-108) - The City asserted this project was exempt under Chapter II.H of the RCA's fee collection and remittance policy as a maintenance and safety project, as defined in Chapter 5 of the MSHCP. The project was awarded on 10/17/2023 for $3,269,552. The project consists of new construction of PVC force main and associated appurtenances such as air valves, manholes, and connections. Detail work includes potholing, trenching, and pavement repairs. This project will not result in additional square footage. We noted that the MSHCP Fee was not collected and remitted on this contract. An exception was noted as a result of this procedure. 4
Attachment A
City of Beaumont, California
Multiple Species Habitat Conservation Plan
Procedures and Findings
Fiscal Year June 30, 2024
(Unaudited)
12. Determine if the MSHCP fees on the civic and infrastructure contracts were remitted to the RCA within 90 days of contract award.
Finding: One (1) exception was noted for Mesa Lift Station Force Main.
13. Determine additional amounts on civic and infrastructure contracts, if any, which should be remitted to the RCA.
Finding: For the exception noted in procedure 12 for Mesa Lift Station Force Main, the MSHCP Fee was not collected nor paid to RCA. The amount to be collected and remitted to RCA is $19,411.45. See Procedure 14 for interest owed.
14. If additional amounts are due to the RCA on civic and infrastructure contracts, calculate interest owed, using the interest rate paid County Treasury on amounts held by the County.
Finding: In relation to the exception noted in procedure 12 for Mesa Lift Station Force Main, City represented they plan to remit the additional interest to RCA totaling $1,087.61 calculated by RCA with their May 2025 report.
15. Determine additional amounts, if any, which should be returned to the Member Agency by the RCA for civic/infrastructure projects paid in error.
Finding: Procedure not applicable.
5 BEAUMONT
-C A L I F O R N I A-7
Staff Report
TO: City Council
FROM: Kirk Pelser, Economic Development Director
Laura James, Economic Development Manager
DATE June 17, 2025
SUBJECT: Approval of Lease Agreements with County of Riverside and Riverside County Office of Economic Development for Pass Area Biz Hub — 514 California Avenue
Description Presentation of lease agreements with County of Riverside and Riverside County Office of Economic Development for offices within the Pass Area Biz Hub, a regional business innovation center located at 514 California Avenue.
Background and Analysis:
The Pass Area Biz Hub is intended to serve as a central resource for workforce development, entrepreneurship, and small business support throughout the Pass region.
The City acquired the property at 514 California Avenue in January of 2024 and has completed several site readiness milestones, including:
• Roof replacement;
• HVAC system replacement;
• Vacancy preparation, including the removal of remaining tenant property; • Identification and execution of required ADA upgrades; • Completion of interior and exterior painting;
• Ongoing janitorial and maintenance services; and
• Regular coordination meetings with regional partners, which began on a bi- weekly basis and increased to weekly as the anticipated launch date approaches As a central hub for small business, entrepreneurship, and workforce support, numerous partner organizations will occupy and provide services from the Biz Hub, including the California Family Life Center and Mount San Jacinto College, whose
agreements were presented to the City Council for consideration at the June 3, 2025, meeting.
The lease agreement in Attachment A represents a formal commitment from Riverside County Office of Economic Development. County Economic Development staff will have a presence at the facility, and the Coachella Valley Small Business Development Center (CVSBDC), a program which is hosted by the Riverside County Office of Economic Development, will offer business advising services from the Biz Hub location.
The lease agreement in Attachment B represents a formal commitment from the County of Riverside to lease one office for Fifth District Supervisor Yxstian Gutierrez and associated staff members
Additional agreements with other partner organizations will be presented to the City Council in the future as they are submitted to the City.
The County of Riverside and Riverside County Office of Economic Development will lease space for a nominal rental fee of one dollar each ($1) per year. The City will cover basic operational expenses to support collaborative service delivery. The initial lease term allows the City to evaluate long-term tenancy models while establishing the center as a stable, multi -agency service hub. This lease agreement formalizes the terms of occupancy, defines mutual operational responsibilities, and outlines expectations for collaborative service delivery and program integration.
The City has preserved flexibility in the facility layout to accommodate additional partners, short-term activations, such as pop-up services, drop -in office use, and potential rental of hoteling or coworking spaces in response to future demand.
Fiscal Impact:
There is no immediate fiscal impact associated with execution of the initial lease and affiliation agreements. The City will continue to cover base operational expenses at the Pass Area Biz Hub, totaling $64,924, as part of its investment in regional economic and workforce development. These costs will be absorbed within the current budget and have been incorporated into the adopted FY 2025-2026 budget. Future updates may propose nominal cost -recovery fees for long-term office use or private activation of shared spaces. Any proposed changes to the financial model will be brought to the City Council for review.
The cost to prepare this staff report is estimated at $150.
Recommended Action:
Authorize the City Manager to execute the lease agreements with the County of Riverside and Riverside County Office of Economic Development for the use of office space within the Pass Area Biz Hub and to take all necessary actions to facilitate operations.
Attachments:
A. Lease Agreement — Riverside County Office of Economic Development B. Lease Agreement — County of Riverside
LEASE AGREEMENT
This LEASE AGREEMENT (this "Lease") is made and entered into as of May 7th, 2025 (the "Effective Date"), by and between The City of Beaumont, a California general law city ("Landlord"), and Riverside County Office of Economic Development, a department of the County of Riverside ("Tenant").
1. Lease of Premises. Landlord hereby leases to Tenant, and Tenant leases from Landlord, the following described premises (hereinafter "Premises") being an individual suite, office or offices located at 514 California Avenue, Beaumont CA 92223, and being more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof, inclusive of all easements, and other appurtenances and rights of way incident thereto benefiting the Premises.
Tenant shall share the Premises equally with its partner Inland Empire Small Business Development Center (" Partner"). Tenant and Partner shall share the Premises and cooperate with each other in performing the obligations of the Tenant hereunder, Jointly and severally, as a matter with which the Landlord shall have no concern.
The Premises are part of the larger building ("Building") and are clearly outlined on the diagram attached as Exhibit "A". For all locations not specified in Exhibit "A" as being the area being non -exclusively leased to Tenant hereunder, it is understood that the larger building is leased out to multiple other tenants and certain portions of the Building are common to all occupants of the building as common area. The Premises shall include such portions of the land and Building, pavement, lighting fixtures and other improvements now or later installed or constructed upon the land, and all driveways, parking lots, walkways, landscaping and other such appurtenances and improvements customarily used in connection with the individual suite or Premises. The improvements existing within the Premises that are leased to the Tenant as it now exists or may exist in the future are referred to in this Lease as the "Improvements".
2. Term and Rent.
2.1 Term. Subject to the terms and conditions contained herein, this Lease shall be effective as of the Effective Date. The term of this Lease shall commence on the Effective Date and shall continue on a month -to -month basis. Landlord or Tenant may terminate this Lease by providing thirty days advanced written notice to the other.
2.2 Rent. Tenant agrees to make rental payments to Landlord (collectively, "Rent") in the amount of One Dollar ($1.00) per year, without proration, which obligation to pay Rent shall commence on the date that Tenant opens for business for the public (the "Rent Commencement Date"). After the Rent Commencement Date, Rent shall be payable on the anniversary of the Rent Commencement date each year thereafter during the Term of this Lease. In the event that any rental payment becomes due on a Saturday, Sunday or local, state or federal holiday (each being a "business day"), then the rental payment shall be due on the next succeeding business day.
3. Deliver\ of Premises. On the Effective Date, Landlord shall deliver the Premises to Tenant in, and Tenant shall accept the Premises from Landlord in, "AS IS" "WHERE IS" condition except as otherwise provided herein.
4. Use: Conduct of Business.
1
4.1 Use. The Tenant shall have the affirmative duty and the right to use the Premises for the following purposes:
a. TENANT will offer a range of programs designed to meet the unique needs and goals of businesses.
b. TENANT will provide monthly reports to the City on work performed in the building, milestones achieved, and a schedule of events (trainings, workshops, jobs fairs, etc.). (the forgoing a -b, collectively are referred to as the "Agreed Use").
4.2 Conduct of Business. Tenant shall conduct business that at any time is being operated at the Premises in all material respects in accordance with all applicable laws and ordinances.
4.3 Priority of Use and Access by Landlord. Notwithstanding any other provision of this Lease, because the Landlord is the owner of the Premises and will maintain on -site staff presence, the City of Beaumont shall retain first priority access to and use of the Premises, including but not limited to offices, meeting rooms, and all common areas, as well as the surrounding grounds and exterior premises. Landlord shall have the exclusive right to designate and utilize office space for City staff at its discretion, and may access and use shared and common areas at any time without restriction. Tenant shall not unreasonably interfere with such access and shall coordinate activities to ensure continued availability and operational use of the Premises by Landlord personnel. In the event of any conflict regarding the use or scheduling of spaces within the Premises, the City of Beaumont's determination shall control. Landlord shall always have access to all offices and enclosed spaces within the Premises as a matter of safety, security, and property oversight. Landlord's access shall include, but not be limited to, administrative use, City - hosted events, maintenance, inspections, and emergency response. Tenant shall ensure that Landlord retains key or electronic access credentials for all such spaces and shall update Landlord promptly regarding any changes to access methods. Landlord reserves the right to reallocate or modify office assignments and workspace configurations as needed to support City operations, provided such changes do not unreasonably disrupt Tenant's Agreed Use.
5. Im
rovements: Alterations: Maintenance.
5.1 Improvements: Alterations. Tenant shall not make any substantial repairs, alterations, or additions to the Premises that, in the aggregate with other repairs, alterations or additions to the Premises, cost more than $100,000, including its HVAC, plumbing or electrical systems, or make any contract therefor, without (i) procuring Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed, (ii) delivering to Landlord the applicable plans and specifications and copies of necessary permits upon request from Landlord, and (iii) furnishing indemnification against liens, costs, damages and expenses and satisfactory proof that all contractors and subcontractors are properly licensed and maintain adequate insurance, as Landlord may reasonably require. Landlord shall consent or object in writing to such repairs, alterations, or additions to the Premises within ten (10) days of receipt of notice thereof 2
from Tenant. Tenant may remove Tenant' s Property, as defined in SECTION 6, below, at its election at any time during the Term, provided that the actual cost of repairing any damage to the Premises arising from such removal and restoring the same to their original condition shall be paid for by Tenant. Tenant shall promptly pay all contractors and materialmen, so as to avoid the possibility of a lien attaching to the Premises, and should any lien be made or filed, Tenant shall provide a copy of the same to Landlord within 48 hours of receipt and bond against or discharge the same within thirty (30) days after written request by Landlord. Nothing in this Lease shall be construed as a consent on the part of the Landlord so as to subject the Landlord's estate in the Premises to any lien or liability under the laws of the state in which the Premises are located.
5.2 Maintenance. During the Term of this Lease, except as otherwise specifically set forth in this Paragraph, Landlord shall, at its own expense, keep and maintain the entirety of the Building in good order and repair, subject to ordinary wear and tear. Landlord's maintenance obligations hereunder include, without limitation, the roof, foundation, structural walls an d elements, heating, air conditioning and ventilation systems, glass, plate glass, windows and doors, sprinklers, fire sprinklers, electrical, all plumbing systems, fixtures, walls, floors, ceilings, all mechanical systems, electrical facilities and equipment, exhaust equipment and systems, exterior, curbs, parking lot, trash enclosures, landscaping and all other improvements. Tenant shall maintain and repair the Premises in a good and clean condition at all times at its sole cost and expense. Landlord may enter the Premises at all reasonable times to make such repairs as Landlord shall reasonably deem necessary to the Premises or as Landlord may be reasonably required to do by any governmental authority.
5.3 Liens. Tenant shall promptly pay its contractors, subcontractor, laborers, engineers and design professionals and materialmen for all work done and materials delivered or performed by or on behalf of Tenant, and secure unconditional lien releases so as to prevent the assertion or imposition of mechanic liens, materialmen's liens, design professional liens and other liens upon or against the Premises, and Tenant shall, upon request provide Landlord with such lien waivers obtained by Tenant. In the event any lien is asserted or filed against the Premises, Tenant shall bond against and discharge the same within thirty (30) days after written request by Landlord. In the event Tenant fails to remove or bond over and remove said lien within said thirty (30) day period, the Landlord may (but is not required to), at its sole discretion, elect to satisfy and remove the lien by paying the full amount claimed or otherwise, and Tenant shall pay Landlord upon demand, as additional Rent, the amount paid out by Landlord on Tenant's behalf, including Landlord's reasonable attorney's fees, costs and expenses with interest upon written demand or Tenant shall be in default hereunder without any further opportunity to cure. Landlord's election to discharge lien(s) as provided hereunder shall not be construed to be a waiver or cure of Tenant's default under this section.
5.4 Permits. Landlord agrees to cooperate with Tenant in securing any and all building permits and other permits and authorizations necessary from time to time for the performance of any construction, alteration or other work permitted to be done by Tenant under this Lease and duly approved by Landlord, but such cooperation by Landlord shall not be construed as the consent of Landlord to the filing of any mechanic's, materialman's or other lien or any claim relating thereto, nor to the performance of any labor or the furnishing of any materials on the account of Landlord in any construction to be done by Tenant on the Premises. 3
6. Trade Fixtures & E.. uipment. All trade fixtures and equipment, signs (including indoor and outdoor signage), and specifically designed components of improvements to the Premises, including decorative materials and accessories necessarily related to these items placed in or upon the Premises by Tenant (or any prior owner or occupant of the Premises) (hereinafter collectively referred to as the "Tenant's Property") shall at all times during the Term remain the property of Tenant, and Tenant shall have the right to remove the same at any time during the Term or within a reasonable time thereafter unless a Tenant Default has occurred and is continuing hereunder at the time of removal. Tenant shall further be permitted to install, use on and about, and remove from the Premises at any time during the Term all other personal property which are not a component of the Building(s) located or to be located on the Premises, all of which at all times during the Term shall be deemed to be part of Tenant's Property with the right of removal by Tenant at or before the expiration or termination of this Lease. Tenant's Property shall also include without limitation: (1) removable decor items and office equipment, including but not limited to computers, POS equipment, telephones and fax machines; (2) building lettering, trade dress, signs, sign posts and sign standards; (3) trade fixtures, inventory, equipment, and all personal property used in connection with the business conducted at the Premises; and (4) parts and service equipment, including but not limited to such equipment as may be attached to the building whether by bolts, screws, utility connections or otherwise, such as lifts, compressors and water heaters.
7. Insurance; Indemnification.
7.1. Tenant's alterations, installations, trade fixtures and personal property shall be insured by Tenant not by Landlord. Such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender). Said policy or policies shall also contain an agreed valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence, and Tenant shall be liable for such deductible amount in the event of an Insured Loss. Tenant shall also obtain and keep in force a policy or policies in the name of Landlord with loss payable to Landlord and any Lender, insuring the loss of Rent for one year with an extended period of indemnity for an additional 180 days ("Rental Value insurance"). Said insurance shall contain an agreed valuation provision in lieu of any coinsurance clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Tenant, for the next 12 -month period. Tenant shall be liable for any deductible amount in the event of such loss.
7.2 (a) Liability; and Other Insurance. At all times during the Term of this Lease, Tenant shall, at its sole cost and expense, maintain or cause to be maintained: (a) Commercial General Liability Insurance (as that term is commonly used in the insurance industry) covering liability arising from the Premises or operations, contractual liability, and personal liability with a limit of not less than Two Million and 00/100 Dollars ($2,000,000.00) Per Occurrence (as that term is commonly used in the insurance industry) on each of the following coverages: (i) Covered Autos (ii) General Liability Bodily Injury and Property Damage Liability (iii) Personal and Advertising Injury Liability (iv) Damages to Premises Rented to Tenant and Five Million and 00/100 Dollars ($5,000,000.00) Aggregate (as that term is commonly used in the insurance industry); (b) Commercial Umbrella Insurance (as that term is commonly used in the insurance industry) of no less 4
than Five Million and 00/100 Dollars ($5,000,000.00); (c) workers' compensation insurance on its employees at the Premises in the amounts required by law; and (d) flood insurance, if the Premises (or any portion thereof) is located within (either currently or at any time during the Term of this Lease) a federally designated "special flood hazard area" in an amount equal to or greater than the replacement value of the improvements at the Premises.
(b) Property Damage. Tenant shall obtain and maintain insurance coverage on all of Tenant's personal property, trade fixtures, and owned alterations and utility installations. Such insurance shall be full Replacement Cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Tenant for the replacement of personal property, trade fixtures and tenant owned alterations and utility installations. (c) No Re 7resentation of Adequate Coverage. Landlord makes no representation that the limits or forms of coverage of insurance specified herein are adequate to cover Tenant's property, business operations or obligations under this Lease.
(d) Tenant may provide insurance through a JPIA.
(e) If Tenant fails to maintain the insurance required hereunder, Landlord may (but need not) obtain such insurance and Tenant shall pay Landlord the actual cost thereof plus interest at the rate of ten percent per annum and administrative fee of ten percent (10%) of the actual cost forthwith no later than thirty (30) days after being provided invoices for same.
7.3 Insurance Carrier; Endorsements. Landlord, its employees and public officials shall be named as additional insured on certificates of liability insurance required under this Lease.
Tenant shall provide Landlord with a copy of the certificates of insurance on or before the Rent Commencement Date, upon any renewal of such insurance prior to the expiration of the term of such coverage, and otherwise upon Landlord's written request. Tenant's insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to or maintained by Landlord. The Commercial General Liability Insurance (as that term is commonly used in the insurance industry) certificate shall be written on ISO Occurrence Form CG 0001-0798 (or a substitute form providing equivalent coverage). Tenant shall place said insurance with reputable insurance companies qualified to do business in the state where the Premises are located with at least an A, VII rating in "Best's Insurance Guide". In the event of the payment of insurance proceeds resulting from any damage or destruction to the Premises, and under the terms of this Lease, Tenant is required to repair or restore same, then such insurance proceeds shall be made available to Tenant for the purpose of making such repairs or replacements on reasonable terms as determined by Landlord. In the event of cancellation of the liability insurance policy, Tenant shall notify Landlord at least fifteen (15) days prior thereto, and in the event of cancellation of the casualty insurance policy as a result of non-payment of premiums, Tenant shall notify Landlord at least thirty (30) days prior thereto. Prior to the effective date of any such cancellation, Tenant shall obtain replacement insurance on the terms provided in this Lease.
7.4 Tenant shall obtain a waiver of subrogation from its insurance companies for the benefit of Landlord.
7.5 Indemnification of Landlord. Tenant will protect, indemnify, save harmless and defend Landlord from and against all liabilities (statutory or otherwise), obligations, claims, 5
demands, damages, penalties, causes of action, costs and expenses (sometimes referred to in this Lease as "Claims," and including, without limitation, reasonable attorney's fees and expenses) imposed upon or incurred by Landlord by reason of any actual or alleged accident, injury to or death of persons or loss of or damage to property occurring on or about the Premises, Building or adjoining sidewalks and parking lot, or any other matter or thing arising out of the Tenant's use, occupation, management, or control of the Premises, or caused by the negligence, errors, acts or omissions of Tenant, or Tenant's employees, agents or representatives, customers, or invitees, on or about the Premises, or any failure on the part of the Tenant to perform or comply with any of Tenant's obligations under this Lease, excluding, however, any such Claims arising from any accident, injury, damage or loss to the extent caused by the negligence or willful misconduct of Landlord, or Landlord's employees, representatives or any of their agents as determined by a court of competent jurisdiction. All property of Tenant or any occupant of the Premises shall be there at the risk of Tenant or such person only, and, Landlord shall not be liable for damage thereto and theft or misappropriation thereof. Tenant's obligations under this section will survive the expiration or early termination of the Lease.
8. Damage to Premises.
8.1 Partial Damav�e - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Tenant shall, at Tenant's expense, repair such damage
8.2 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease shall terminate 60 days following such Destruction. If the damage or destruction was caused by the gross negligence or willful misconduct of Lessee, Lessor shall have the right to recover Lessor's damages from Lessee.
9. Assignment/Sublettin 3.
9.1 General Restriction. Tenant shall not assign its interest in this Lease, nor sublet the Premises or any portion thereof, nor otherwise transfer or encumber this Lease or any interest therein (each, an "Assignment"), without first obtaining the prior written consent of Landlord, not to be unreasonably withheld, conditioned, or delayed. At the time of any such proposed Assignment, and as a condition precedent thereto, a Tenant Default must not have occurred and be continuing at such time, under any terms of this Lease. If Tenant consummates an Assignment without obtaining the necessary consent of Landlord pursuant to the provisions of this section, the assignment shall be null and void and of no effect and an uncurable Tenant Default shall thereby be deemed to have occurred.
Notwithstanding the foregoing to the contrary, Tenant shall not be required to obtain Landlord's consent to, and the same shall not be deemed an assignment, in connection with the merger or consolidation of Tenant.
9.2 Assignment by Landlord. In the event any sale or exchange of the Premises by Landlord and assignment by Landlord of this Lease, the Landlord shall be entirely freed and relieved of its covenants and obligations contained in, or derived from the Lease arising out of any act, occurrence or omission relating to the Premises or this Lease occurring after the consummation of such sale or exchange and assignment, provided however, that the new owner shall assume and agree for the benefit of Tenant to perform all the covenants and obligations of Landlord contained herein from and following the date of the sale or exchange. In the event of such 6
sale or exchange, this Lease shall nevertheless remain unimpaired and in full force and effect and Tenant hereunder agrees to attorn to the then owner of the Premises.
10. Tenant Default and Remedies.
10.1 Tenant Default. The following shall constitute a default of Tenant under this Lease (each, a "Tenant Default"):
(a) If Tenant fails to pay any monthly installment of Rent or any other payment hereunder on the date that same is due and shall not cure such failure within ten (10) days following written notice thereof from Landlord;
(b) Tenant's failure to perform any of the other terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice thereof from Landlord; provided, however, that that if such failure cannot reasonably be cured in the thirty (30) day period, no default shall be deemed to have occurred so long as Tenant shall commence the cure of the same within thirty (30) days of receipt of Landlord's notice and shall thereafter diligently pursue the same to completion; or (c) If Tenant makes a general assignment for the benefit of creditors or files a voluntary petition in bankruptcy, or if a decree is entered involuntarily adjudicating Tenant a bankrupt and such decree is not dissolved within ninety (90) days, or if a receiver shall be appointed for all the property of Tenant and shall not be discharged within ninety (90) days, then, any such action shall constitute a default by Tenant and, subject to the rights of a mortgagee, Landlord may give notice and terminate this Lease; provided, however, that no such act or event shall constitute a default hereunder or permit the termination of this Lease as long as the payment of all Rent and the other obligations to be performed by the Tenant shall be performed by Tenant or any party claiming under or acting on behalf of Tenant.
10.2 Landlord Remedies. Upon the occurrence of a Tenant Default, following the expiration of any applicable notice and cure periods, Landlord shall have the option to pursue any one or more of the following remedies without notice or demand, in addition to all other rights and remedies available to Landlord at law or in equity, but in all instances, Landlord shall use commercially reasonable efforts to mitigate its damages:
(a) Landlord may enter upon and take possession of the Premises and Tenant's Property without terminating this Lease and without relieving Tenant of its obligation to make the monthly payments of Rent herein reserved, and as provided by applicable law expel or remove Tenant and any Tenant's Property located therein (and any other person who may be occupying the Premises or any part thereof) and relet the Premises in the name of Landlord at any rent readily obtainable, and receive the rent therefor. In such event, Tenant shall pay to Landlord monthly, upon demand, any deficiency in the monthly payments of Rent herein reserved that may arise by reason of such reletting and the expenses of such reletting, until the expiration of the Term of this Lease.
(b) Landlord may elect to terminate this Lease forthwith. In the event of such termination, Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord may enter upon and take possession of the Premises and Tenant' s Property as provided by applicable law and expel or remove Tenant and any other person who may be occupying said 7
Premises or any part thereof, and any personal property or trade fixtures located therein. In the event of forfeiture of this Lease as herein provided, Tenant agrees that any prepaid Rent being held by Landlord hereunder shall be forfeited to Landlord as liquidated damages for Tenant's default, which liquidated damages shall be in addition to and not in lieu of any unpaid Rent or any other damages accruing to Landlord by reason of such violation by Tenant of any of the terms, provisions and covenants of this Lease.
11. Landlord Default and Tenant Remedies. Landlord shall be in default in the performance of any obligation required to be performed by Landlord under this Lease if Landlord has failed to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, Landlord shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursues the same to completion. Upon default by Landlord which is not cured within any applicable notice and cure period, Tenant may pursue its rights and remedies at law or in equity. If Landlord shall be in default in the performance of any obligation required to be performed by Landlord under this Lease, or in the event Landlord or its agents causes the damage or destruction as set forth herein, Tenant shall have the right to recover from Landlord all amounts necessary to compensate Tenant for all the detriment proximately caused by such default or which would be likely to result therefrom; provided, however, in no event shall Landlord be liable for business interruption loss, lost profits or consequential or punitive damages except to the extent arising from any fraud, intentional misrepresentation or gross negligence of Landlord. Notwithstanding the forgoing, the total maximum liability of the Landlord for any damages of the Tenant under this Lease or any loss or damage to Tenant or its employees guest or invitees shall not exceed the amount of rent paid by the Tenant to the Landlord under this Lease.
12. Waste. Tenant shall not cause injury or waste to the Premises, reasonable wear and tear, effects of time, and damage by the elements or casualty excepted. Tenant shall keep the Premises clean and free from rubbish, trash and garbage, and, at its own expense, arrange for removal of same.
13. Parking. The Premises currently has a parking lot (the "Parking Lot"). Tenant shall have use of the Parking Lot in common with all others of any open parking spaces, twenty-four (24) hours a day, seven (7) days a week, every day of the year.
14. Siva and Building Identity. Tenant, at Tenant's sole cost and expense, shall be entitled to install signage on and about the Premises, including without limitation exterior signage at all lawful locations or as otherwise approved by appropriate governmental authority. Such signage shall be subject to all applicable laws.
15. Hazardous Substances.
15.1 (a) Tenant shall comply with all applicable laws relating to environmental conditions on, under or about the Premises including, but not limited to, soil and ground water conditions. Without limiting the generality of the foregoing, Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Substance (as defined below) upon or about the Premises, nor permit its respective employees, agents, invitees or contractors to engage in such activities upon or about the Premises. However, the foregoing provisions shall not prohibit the transportation to and from, and the use, storage, maintenance and 8
handling within, the Premises of substances customarily used in connection with normal business use provided: (a) such substances shall be used and maintained only in such quantities as are reasonably necessary for the then -existing use of the Premises, strictly in accordance with applicable laws and the manufacturers' instructions therefor, (b) such substances shall not be disposed or discharged within the Premises, and shall be transported to and from the Premises in compliance with all applicable laws, and (c) if any applicable law or Tenant's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant's expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site. The term "Hazardous Substances" shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect is either:
(i) potentially injurious to the public health, safety or welfare, the environment, or the Premises, or (ii) regulated or monitored by any governmental authority having jurisdiction over the Premises or (iii) a basis for potential liability of Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, byproducts or fractions thereof. Tenant shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Landlord and timely compliance (at Tenant's expense) with all Applicable Requirements. "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Tenant may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, and including ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. In addition, Landlord may condition its consent to any Reportable Use upon receiving such additional assurances as Landlord reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit.
(b) Duty to Inform Landlord. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Landlord, Tenant shall immediately give written notice of such fact to Landlord, and provide Landlord with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. (c) Tenant Remediation. Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant's expense, comply with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether 9
or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Tenant, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Tenant, or any third party. (d) Tenant Indemnification. Tenant shall indemnify, defend and hold Landlord, its council members, officers, agents, employees, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance first brought onto the Premises by or for Tenant, or any third party from and after the Effective Date (provided, however, that Tenant shall have no liability under this Lease with respect to any Hazardous Substances existing on, under or about the Premises prior to the Effective Date or any underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Tenant). Tenant's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Tenant, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Landlord in writing at the time of such agreement.
15.2 Landlord represents and warrants that it is not aware of and has no knowledge of any person or entity that has used, generated, manufactured, produced, stored, released, discharged or disposed of on, under, or about the Premises (or off -site of the Premises that might affect the Premises), or transferred to or from the Premises, any Hazardous Substances except for the transportation to and from, and the use, storage, maintenance and handling within, the Premises of substances customarily used in connection with normal business use. Landlord shall protect, indemnify , defend and hold harmless Tenant and its directors, officers, members, managers, contractors, employees, agents, parents, subsidiaries, successors and assigns from and against any and all loss, damage, cost, expense, or liability (including reasonable attorneys' fees and costs) arising out of or attributable to the actions or omissions of Landlord or its agents, or a breach by Landlord of any representation, warranty, covenant or agreement contained in this Section and from any Hazardous Substances located on, under or about the Premises prior to the Effective date. It is the intent of Landlord and Tenant that Tenant shall have no liability for damage to the environment or natural resources, for abatement, removal or clean-up of, or otherwise, with respect to the environmental condition (known or unknown) of the Premises or any property adjacent thereto prior to the Effective Date of the Lease; and that Landlord shall have no liability for damage to the environment or natural resources, for abatement, removal or clean-up of, or otherwise, with respect to the environmental condition (known or unknown) of the Premises or any property adjacent thereto arising during the term of this Lease or attributable to the actions or omissions of Tenant. The warranties and indemnifications made by the parties in this Section shall survive the termination of this Lease, provided that, with respect to a release associated with an Environmental Regulatory Action, as defined below, the indemnifications shall terminate on receipt of a "no further action" letter or equivalent, from the governmental body concerned, or, if no such letter is available, upon the issuance of a report by Tenant' s consultant, which consultant has been approved by Landlord in its reasonable 10
discretion, stating that in the opinion of the consultant, all actions likely to be taken by a governmental body have been taken with respect to the release.
15.3 In the event there is a release of Hazardous Substances (including without limitation Hazardous Substances originating from any adjoining property or any property in the vicinity of the Premises) in, on or around the Premises, which results in an enforcement action or actions or proceedings brought against the Landlord or Premises by a governmental body having jurisdiction to compel an investigation, remediation, cleanup, response action, removal action or other regulatory response (the "Environmental Regulatory Action"), that arose prior to the Effective Date, Landlord shall take all required Environmental Regulatory Action and shall have the right to access the Premises as may be reasonably required for the performance of such obligations, provided that if the cost of performing such remediation is not contained within the approved annual budget, it may instead terminate this Lease without incurring any liability. Tenant shall be responsible for any Environmental Regulatory Action during the term of this Lease in which case the indemnities set forth below shall apply. If any corrective, remedial or responsive action includes any alterations to the Premises or such alterations are required by Environmental Laws, said alterations shall be performed at the expense of the party responsible for such Environmental Regulatory Action. In the event of an Environmental Regulatory Action not arising during the term of this Lease and which Environmental Regulatory Action causes a material, adverse effect on Tenant's business operations in the Premises, the rent shall abate to the extent of any diminution in the use of the Premises for each day from the date of the Environmental Regulatory Action until such time as the Hazardous Substances affecting the Premises have remediated, and the earlier of the date when: (i) Landlord obtains a "no further action" letter or equivalent or a report by Landlord's consultant, which consultant has been approved by Tenant in its reasonable discretion, stating that in the opinion of the consultant, all actions likely to be taken by a governmental body have been taken with respect to the release and delivered the same to Tenant, or (ii) the Tenant has resumed its normal business operations at the Premises. Tenant shall have no obligation to conduct or otherwise pay for any investigative, engineering or remedial expenses, including, but not limited to, consultant fees for preparation of a report by Landlord's consultant with respect to any release directly attributable to Landlord or its agents or representatives, but shall be responsible for all such investigative, engineering or remedial expenses, including consultant fees, with respect to any release occurring during t h e term of this Lease.
16. No Waiver of Covenants and Areements. The failure of Landlord or Tenant to insist in any instance on the strict keeping, observance or performance of any covenant or agreement contained in this Lease, or the exercise of any election contained in this Lease, shall not be construed as a waiver or relinquishment for the future of such covenant or agreement, but the same shall continue and remain in full force and effect. No waiver of any condition or covenant of this Lease by either party shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant of said lease.
17. Right of Entry. Upon the occurrence and during the continuance of a Tenant Default, Landlord and its representatives may enter on to the Premises during normal business hours upon reasonable advance written notice to Tenant. At any time during the Term or Renewal Term, as applicable, Landlord may enter the Premises during all business hours for any purpose. Any entry by Landlord and/or its representatives shall be accomplished in a manner which will minimize any interruption or interference with Tenant's business operations within the Premises. 11
18. Surrender of Premises. Tenant shall promptly surrender the Premises to Landlord at the expiration or sooner termination of the Term of this Lease and leave the Premises in good condition and repair, subject to reasonable wear and tear, broom clean and free of all debris, waste and by-products. Tenant may remove all of Tenant's Property from the Premises, as permitted in this Lease. Upon removal of any trade fixtures affecting the building systems, Tenant shall cap or cover such building system upon removal of the trade fixtures. Any of Tenant's property remaining in the Premises at the expiration of the Term of this Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstances have any liability to Tenant therefor. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. The provisions of this paragraph shall survive the expiration or termination of this Lease.
19. Holding Over. Any holding over after the expiration of the Term hereof, with or without the consent of Landlord, shall be construed to be a tenancy from month to month at the Rent herein specified (prorated on a monthly basis) and shall otherwise be on the terms and conditions herein specified, so far as applicable; provided, however, if such holding over is without the consent of Landlord; Rent for such holdover period shall be 100% the Rent due for the last year of the Term.
20. No Consequential or Punitive Damages. Notwithstanding any provision of this Lease to the contrary, under no circumstances shall either party be liable to the other for any consequential, special, exemplary or punitive damages or lost profits.
21. Separability and Survivability . The illegality, invalidity or unenforceability of any term, condition, or provision of the Lease shall in no way impair or invalidate any other term, provision or condition of the Lease, and all such other terms, provisions and conditions shall remain in full force and effect. In the event that Landlord or Tenant lawfully terminates this Lease, the provisions of this Lease shall otherwise remain in effect to the extent necessary to allow Landlord and Tenant to enforce rights and obligations accruing prior to the termination of this Lease and attributable to the period of time prior to the termination of this Lease.
22. Governing Law and Venue. The Lease shall be governed by and construed pursuant to the laws of the state of California. Venue for any action under or related to this lease shall be exclusively in the state or federal courts located in the County of Riverside. Any judgment rendered in such an action may be enforced in any other jurisdiction domestic or foreign subject to applicable law and treaty.
23. Notices. All notices required under this Lease shall be deemed to be properly served if delivered in writing personally, sent by certified mail with return receipt requested or sent by nationally recognized overnight carrier, to the party at the address set forth below, or to any subsequent address which Tenant or Landlord may designate in writing to the other party for such purposes. The date of service of a notice shall be deemed received (a) when delivered, if delivered personally, (b) three (3) days after being deposited in the United States mail, certified mail, postage prepaid, or (c) one (1) day after being sent using a reliable overnight carrier. All notices shall be addressed as follows:
12
If to Landlord:
City of Beaumont
c/o City Manager
550 East Sixth Street
Beaumont, CA 92223
If to Tenant:
Michael Franklin, Deputy Director
County of Riverside Office of Economic Development
3403 10th Street, 4th Floor
Riverside, CA 92501
Telephone: (951) 955-6673
Email: MvMranklinu rivco.org
24. Binding Effect. Except as otherwise herein provided, this Lease and all the covenants, terms, provisions and conditions herein contained shall inure to the benefit of and be binding upon the heirs, representatives, successors and assigns of each party hereto, and all covenants herein contained shall run with the land and bind any and all successors in title to Landlord.
25. Attorney s' Fees. If either Landlord or Tenant commences or engages in any action or litigation or arbitration against the other party arising out of or in connection with the Lease, the Premises and/or the Building, including but not limited to, any action for recovery of any payment owed by either party under the Lease, or to recover possession of the Premises, or for damages for breach of the Lease, the prevailing party in any such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and other costs incurred in connection with the action and in preparation for said action. This provision shall survive the termination of the Lease.
26. Coo leration. Landlord shall fully cooperate with Tenant throughout the Term of this Lease to secure or maintain proper zoning, building and other permits for the Premises, and to assist Tenant in complying with all applicable laws. Landlord shall execute any petitions, requests, applications and the like as Tenant shall reasonably request in order to obtain any permit, license, variances and approvals which, in the reasonable judgment of Tenant, are necessary for the lawful construction and/or operation of Tenant's business on the Premises.
27. Entire Agreement and Amendment. This Lease constitutes the complete and entire agreement between the parties. All negotiations, considerations, representations and understandings between Landlord and Tenant are merged herein and may be modified or altered only by agreement in writing between Landlord and Tenant. No act or omission of any employee or agent of Landlord shall alter, change, or modify any of the provisions hereof.
28. Authoritw. Each party warrants and represents to the other party that (a) it is duly organized, validly existing and in good standing in the state of its organization; (b) it has all requisite power and authority to own and lease property in the state where the Premises are located; (c) it is fully authorized to enter into this Lease and that all required actions have been taken to authorize the execution of this Lease; and (d) this Lease constitutes a legally binding agreement enforceable against Landlord and Tenant, respectively, in accordance with its terms.
29. Counterparts. This Lease may be executed in one or more counterparts, all of which, when taken together shall constitute one agreement. A signed copy of this Lease delivered by facsimile, 13
PDF, e-mail or other electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Lease.
30. Exhibits. All Exhibits and Recitals referenced herein and attached hereto are made a part hereof.
31. Time. Time is of the essence with regard to all obligations and covenants of this Lease.
[Signature page to follow]
14
IN WITNESS WHEREOF, said parties have executed and delivered this Lease as of the date and year first above written.
TENANT:
COUNTY OF RIVERSIDE, a
political subdi ''sion of the State of
California, . d throu =. its Office
of Econo is ► evelopj ent
By:
Suzanne Hand; rector
Office ' conomic Development
Date:
APPROVED AS TO FORM:
Minh Tran
County Counsel
By: ` ,,
Stephanid K. Nelson
Deputy County Counsel
LANDLORD:
CITY OF BEAUMONT, a California general
law city
By:
Date:
ATTEST:
APPROVED AS TO FORM:
SBEMP LLP
John O. Pinkney
15
EXHIBIT "A"
LEGAL
DESCRIPTION
1. Location: 514 N. California Ave.; Beaumont, CA 92223
2. Landlord will make the building accessible to Program Provider: Monday -Thursday, 7:30AM-5:30PM; Fridays, 7:30AM-12:OOPM & other hours as agreed by the landlord.
3. Building spaces designated for tenant use with space numbering corresponding to the attached building floorplan map:
a. Space #15
16
MAKERS?ACE
47'0' x
KITCHEN
21'T x TT
5 4
OFFICE
6TxY10'
3 OFFICE
6i x try
I
OFFICE
87 x20,
FLOOR
M ITT CLOSET
0'2• x6'4"
C as$ROOM
31'2• x 257`
BArti
7' 1' x TT
BATH
T4'xT$
1 9
8 FOYER
362' x 16'10•
OFFICE
17Px 10'd
ROOM
¶T2 x 107i'
MEETING ROOM
t72 for
HALL
x 16'Y
i
ELEVATOR
6O' x 182"
11 OFFICE
1Y2' x 16'4'
10 OFFICE
11'2^x 1'v'ti"
ENTRY
t5T x 84'
17
17 ROOM
11'6' x 172'
BATH
6'0' x 4090"
16 ROOM
st'8' x 9"8"
I
HALL
AS" x371"
1 14
OFFICE
11'6' K IR1C
FLOOR 2
52 x6'T
HALL
19'1"x85"
HALL . • ELEVATOR
BATH 69'x8'3" 85"x8'Y
Tti'x 10'18'
20 ROOM
tag' x 11'10"
1 19
OFFICE
ter x
18 OFFICE
11'1' x11'11"
HALL
19'1`x4'Y
13 OFFICE
11'4• x 10'5`
12 I
i
1 1
OFFICE
10'11' x10'5"
LL
22 ROOM
117 x 15'8"
11'11' x 4T
ENTRY
21 ROOM
117x19'3'
HALL
18'5' x18'2"
J
18
LEASE AGREEMENT
This LEASE AGREEMENT (this "Lease") is made and entered into as of May 7th, 2025 (the "Effective Date"), by and between The City of Beaumont, a California general law city ("Landlord"), and the County of Riverside, a political subdivision of the State of California ("Tenant").
1. Lease of Premises. Landlord hereby leases to Tenant, and Tenant leases from Landlord, the following described premises (hereinafter "Premises") being an individual suite, office or offices located at 514 California Avenue, Beaumont, CA 92223, Space #12, and being more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof, inclusive of all easements, and other appurtenances and rights of way incident thereto benefiting the Premises.
The Premises are part of the larger building ("Building") located at 514 California Avenue, Beaumont, CA 92223. For all locations not specified in Exhibit "A" as being the area being leased to Tenant hereunder, it is understood that the larger building is leased out to multiple other tenants and certain portions of the Building are common to all occupants of the building as common area. The Premises shall include such portions of the land and Building, pavement, lighting fixtures and other improvements now or later installed or constructed upon the land, and all driveways, parking lots, walkways, landscaping and other such appurtenances and improvements customarily used in connection with the individual suite or Premises. The improvements existing within the Premises that are leased to the Tenant as it now exists or may exist in the future are referred to in this Lease as the "Improvements".
2. Term and Rent.
2.1 Term. Subject to the terms and conditions contained herein, this Lease shall be effective as of the Effective Date. The term of this Lease shall commence on the Effective Date and shall continue on a month -to -month basis. Landlord or Tenant may terminate this Lease by providing thirty days advance written notice to the other.
2.2 Rent. Tenant agrees to make rental payments to Landlord (collectively, "Rent") in the amount of One Dollar ($1.00) per year, without proration, which obligation to pay Rent shall commence on the date that Tenant opens for business for the public (the "Rent Commencement Date"). After the Rent Commencement Date, Rent shall be payable on the anniversary of the Rent Commencement date each year thereafter during the Term of this Lease.
In the event that any rental payment becomes due on a Saturday, Sunday or local, state or federal holiday (each being a "business day"), then the rental payment shall be due on the next succeeding business day.
3. Delivery of Premises. On the Effective Date, Landlord shall deliver the Premises to Tenant in, and Tenant shall accept the Premises from Landlord in, "AS IS" "WHERE IS" condition except as otherwise provided herein.
4. Use; Conduct of Business.
1
4.1 Use. The Tenant shall have the affirmative duty and the right to use the Premises for the following purposes:
a. TENANT will offer a range of services designed to meet the unique needs and goals of businesses and residents within Riverside County District 5. b. TENANT will provide monthly reports to the City on work performed in the building, milestones achieved, and a schedule of events (job fairs, office hours, etc.). (the forgoing a -b, collectively are referred to as the "Agreed Use").
4.2 Conduct of Business. Tenant shall conduct business that at any time is being operated at the Premises in all material respects in accordance with all applicable laws and ordinances.
4.3 Priority of Use and Access by Landlord. Notwithstanding any other provision of this Lease, because the Landlord is the owner of the Premises and will maintain on -site staff presence, the Landlord shall retain first priority access to and use of the Building, including but not limited to offices, meeting rooms, and all common areas, as well as the surrounding grounds and exterior premises. Landlord shall have the exclusive right to designate and utilize office space for Landlord staff at its discretion, and may access and use shared and common areas at any time without restriction. Tenant shall not unreasonably interfere with such access and shall coordinate activities to ensure continued availability and operational use of the Building by Landlord personnel. In the event of any conflict regarding the use or scheduling of spaces within the Building, the Landlord's determination shall control. Landlord shall always have access to all offices and enclosed spaces within the Building, including the Premises, as a matter of safety, security, and property oversight. Landlord's access shall include, but not be limited to, administrative use, City -hosted events, maintenance, inspections, and emergency response.
Tenant shall ensure that Landlord retains key or electronic access credentials for all such spaces and shall update Landlord promptly regarding any changes to access methods. Landlord reserves the right to reallocate or modify office assignments and workspace configurations as needed to support City operations, provided such changes do not unreasonably disrupt Tenant's Agreed Use.
5. Improvements; Alterations; Maintenance.
5.1 Improvements; Alterations. Tenant shall not make any substantial repairs, alterations, or additions to the Premises that, in the aggregate with other repairs, alterations or additions to the Premises, cost more than $100,000, including its HVAC, plumbing or electrical systems, or make any contract therefor, without (i) procuring Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed, (ii) delivering to Landlord the applicable plans and specifications and copies of necessary permits upon request from Landlord, and (iii) furnishing indemnification against liens, costs, damages and expenses and satisfactory proof that all contractors and subcontractors are properly licensed and maintain adequate insurance, as Landlord may reasonably require. Landlord shall consent or object in writing to such repairs, alterations, or additions to the Premises within ten (10) days of receipt of notice thereof from Tenant. Tenant may remove Tenant's Property, as defined in 2
Section 6, below, at its election at any time during the Term, provided that the actual cost of repairing any damage to the Premises arising from such removal and restoring the same to their original condition shall be paid for by Tenant. Tenant shall promptly pay all contractors and materialmen, so as to avoid the possibility of a lien attaching to the Premises, and should any lien be made or filed, Tenant shall provide a copy of the same to Landlord within 48 hours of receipt and bond against or discharge the same within thirty (30) days after written request by Landlord.
Nothing in this Lease shall be construed as a consent on the part of the Landlord so as to subject the Landlord's estate in the Premises to any lien or liability under the laws of the state in which the Premises are located.
5.2 Maintenance. During the Term of this Lease, except as otherwise specifically set forth in this Paragraph, Landlord shall, at its own expense, keep and maintain the entirety of the Building in good order and repair, subject to ordinary wear and tear. Landlord's maintenance obligations hereunder include, without limitation, the roof, foundation, structural walls a n d elements, heating, air conditioning and ventilation systems, glass, plate glass, windows and doors, sprinklers, fire sprinklers, electrical, all plumbing systems, fixtures, walls, floors, ceilings, all mechanical systems, electrical facilities and equipment, exhaust equipment and systems, exterior, curbs, parking lot, trash enclosures, landscaping and all other improvements. Tenant shall maintain and repair the Premises in a good and clean condition at all times at its sole cost and expense. Landlord may enter the Premises at all reasonable times to make such repairs as Landlord shall reasonably deem necessary to the Premises or as Landlord may be reasonably required to do by any governmental authority.
5.3 Liens. Tenant shall promptly pay its contractors, subcontractor, laborers, engineers and design professionals and materialmen for all work done and materials delivered or performed by or on behalf of Tenant, and secure unconditional lien releases so as to prevent the assertion or imposition of mechanic liens, materialmen's liens, design professional liens and other liens upon or against the Premises, and Tenant shall, upon request provide Landlord with such lien waivers obtained by Tenant. In the event any lien is asserted or filed against the Premises, Tenant shall bond against and discharge the same within thirty (30) days after written request by Landlord. In the event Tenant fails to remove or bond over and remove said lien within said thirty (30) day period, the Landlord may (but is not required to), at its sole discretion, elect to satisfy and remove the lien by paying the full amount claimed or otherwise, and Tenant shall pay Landlord upon demand, as additional Rent, the amount paid out by Landlord on Tenant's behalf, including Landlord's reasonable attorney's fees, costs and expenses with interest upon written demand or Tenant shall be in default hereunder without any further opportunity to cure. Landlord's election to discharge lien(s) as provided hereunder shall not be construed to be a waiver or cure of Tenant's default under this section.
5.4 Permits. Landlord agrees to cooperate with Tenant in securing any and all building permits and other permits and authorizations necessary from time to time for the performance of any construction, alteration or other work permitted to be done by Tenant under this Lease and duly approved by Landlord, but such cooperation by Landlord shall not be construed as the consent of Landlord to the filing of any mechanic's, materialman's or other lien or any claim relating thereto, nor to the performance of any labor or the furnishing of any materials on the account of Landlord in any construction to be done by Tenant on the Premises. 3
6. Trade Fixtures & Equipment. A11 trade fixtures and equipment, signs (including indoor and outdoor signage), and specifically designed components of improvements to the Premises, including decorative materials and accessories necessarily related to these items placed in or upon the Premises by Tenant (or any prior owner or occupant of the Premises) (hereinafter collectively referred to as the "Tenant's Property") shall at all times during the Term remain the property of Tenant, and Tenant shall have the right to remove the same at any time during the Term or within a reasonable time thereafter unless a Tenant Default has occurred and is continuing hereunder at the time of removal. Tenant shall further be permitted to install, use on and about, and remove from the Premises at any time during the Term all other personal property which are not a component of the Building(s) located or to be located on the Premises, all of which at all times during the Term shall be deemed to be part of Tenant's Property with the right of removal by Tenant at or before the expiration or termination of this Lease. Tenant's Property shall also include without limitation: (1) removable decor items and office equipment, including but not limited to computers, POS equipment, telephones and fax machines; (2) building lettering, trade dress, signs, sign posts and sign standards; (3) trade fixtures, inventory, equipment, and all personal property used in connection with the business conducted at the Premises; and (4) parts and service equipment, including but not limited to such equipment as may be attached to the building whether by bolts, screws, utility connections or otherwise, such as lifts, compressors and water heaters.
7. Insurance; Indemnification.
7.1. Tenant's alterations, installations, trade fixtures and personal property shall be insured by Tenant not by Landlord.
7.2 (a) Liability and Other Insurance. At all times during the Term of this Lease, Tenant shall, at its sole cost and expense, maintain or cause to be maintained: (a) Commercial General Liability Insurance (as that term is commonly used in the insurance industry) covering liability arising from the Premises or operations, contractual liability, and personal liability with a limit of not less than Two Million and 00/100 Dollars ($2,000,000.00) Per Occurrence (as that term is commonly used in the insurance industry) on each of the following coverages: (i) Covered Autos (ii) General Liability Bodily Injury and Property Damage Liability (iii) Personal and Advertising Injury Liability (iv) Damages to Premises Rented to Tenant and Five Million and 00/100 Dollars ($5,000,000.00) Aggregate (as that term is commonly used in the insurance industry); (b) Commercial Umbrella Insurance (as that term is commonly used in the insurance industry) of no less than Five Million and 00/100 Dollars ($5,000,000.00); (c) workers' compensation insurance on its employees at the Premises in the amounts required by law; and (d) flood insurance, if the Premises (or any portion thereof) is located within (either currently or at any time during the Term of this Lease) a federally designated "special flood hazard area" in an amount equal to or greater than the replacement value of the improvements at the Premises. (b) Property Damage. Tenant shall obtain and maintain insurance coverage on all of Tenant's personal property, trade fixtures, and owned alterations and utility installations. Such insurance shall be full Replacement Cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Tenant for the replacement of personal property, trade fixtures and tenant owned alterations and utility installations. 4
(c) No Representation of Adequate Coverage. Landlord makes no representation that the limits or forms of coverage of insurance specified herein are adequate to cover Tenant's property, business operations or obligations under this Lease. (d) Tenant is a political subdivision of the State of California and is self -insured and may satisfy the insurance requirements of this lease via program of self-insurance.
7.3 Indemnification of Landlord. Tenant will protect, indemnify, save harmless and defend Landlord from and against all liabilities (statutory or otherwise), obligations, claims, demands, damages, penalties, causes of action, costs and expenses (sometimes referred to in this Lease as "Claims," and including, without limitation, reasonable attorney's fees and expenses) imposed upon or incurred by Landlord by reason of any actual or alleged accident, injury to or death of persons or loss of or damage to property occurring on or about the Premises, Building or adjoining sidewalks and parking lot, or any other matter or thing arising out of the Tenant's use, occupation, management, or control of the Premises, or caused by the negligence, errors, acts or omissions of Tenant, or Tenant's employees, agents or representatives, customers, or invitees, on or about the Premises, or any failure on the part of the Tenant to perform or comply with any of Tenant's obligations under this Lease, excluding, however, any such Claims arising from any accident, injury, damage or loss to the extent caused by the negligence or willful misconduct of Landlord, or Landlord's employees, representatives or any of their agents as determined by a court of competent jurisdiction. All property of Tenant or any occupant of the Premises shall be there at the risk of Tenant or such person only, and, Landlord shall not be liable for damage thereto and theft or misappropriation thereof. Tenant's obligations under this section will survive the expiration or early termination of the Lease.
7.4 Indemnification of Tenant. Indemnification of Tenant. Either Party shall protect, indemnify, save harmless and defend Tenant —including its Agencies, Districts, Special Districts, and Departments, their respective directors, its officers, officers, Board of Supervisors, agents, employees, elected or appointed officials, agents or representatives and independent contractor — from and against all liabilities (statutory or otherwise), obligations, claims, demands, damages, penalties, causes of action, costs and expenses (sometimes referred to in this Lease as "Claims," and including, without limitation, reasonable attorney's fees and expenses) imposed upon or incurred by Tenant by reason of any actual or alleged accident, injury to or death of persons or loss of or damage to property occurring on or about the Building or adjoining sidewalks and parking lot, caused by the negligence or willfull misconduct of Landlord, or Landlord's employees, agents or representatives, on or about the Building, or any failure on the part of the Landlord to perform or comply with any of Landlord's obligations under this Lease, excluding, however, any such Claims arising from any accident, injury, damage or loss to the extent caused by the negligence or willful misconduct of Tenant, or Tenant's employees, representatives or any of their agents as determined by a court of competent jurisdiction. Landlord's obligations under this section will survive the expiration or early termination of the Lease.
8. Damage to Premises.
8.1 Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Tenant shall, at Tenant's expense, repair such damage 5
8.2 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease shall terminate sixty (60) days following such Destruction. If the damage or destruction was caused by the gross negligence or willful misconduct of Lessee, Lessor shall have the right to recover Lessor's damages from Lessee.
9. Assignment/Subletting.
9.1 General Restriction. Tenant shall not assign its interest in this Lease, nor sublet the Premises or any portion thereof, nor otherwise transfer or encumber this Lease or any interest therein (each, an "Assignment"), without first obtaining the prior written consent of Landlord, not to be unreasonably withheld, conditioned, or delayed. At the time of any such proposed Assignment, and as a condition precedent thereto, a Tenant Default must not have occurred and be continuing at such time, under any terms of this Lease. If Tenant consummates an Assignment without obtaining the necessary consent of Landlord pursuant to the provisions of this section, the assignment shall be null and void and of no effect and an uncurable Tenant Default shall thereby be deemed to have occurred. Notwithstanding the foregoing to the contrary, Tenant shall not be required to obtain Landlord's consent to, and the same shall not be deemed an assignment, in connection with the merger or consolidation of Tenant.
9.2 Assignment by Landlord. In the event any sale or exchange of the Premises by Landlord and assignment by Landlord of this Lease, the Landlord shall be entirely freed and relieved of its covenants and obligations contained in, or derived from the Lease arising out of any act, occurrence or omission relating to the Premises or this Lease occurring after the consummation of such sale or exchange and assignment, provided however, that the new owner shall assume and agree for the benefit of Tenant to perform all the covenants and obligations of Landlord contained herein from and following the date of the sale or exchange. In the event of such sale or exchange, this Lease shall nevertheless remain unimpaired and in full force and effect and Tenant hereunder agrees to attorn to the then owner of the Premises.
10. Tenant Default and Remedies.
10.1 Tenant Default. The following shall constitute a default of Tenant under this Lease (each, a "Tenant Default"):
(b) Tenant's failure to perform any of the other terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice thereof from Landlord; provided, however, that that if such failure cannot reasonably be cured in the thirty (30) day period, no default shall be deemed to have occurred so long as Tenant shall commence the cure of the same within thirty (30) days of receipt of Landlord's notice and shall thereafter diligently pursue the same to completion; or (c) If Tenant makes a general assignment for the benefit of creditors or files a voluntary petition in bankruptcy, or if a decree is entered involuntarily adjudicating Tenant a bankrupt and such decree is not dissolved within ninety (90) days, or if a receiver shall be appointed for all the property of Tenant and shall not be discharged within ninety (90) days, then, any such action shall constitute a default by Tenant and, subject to the rights of a mortgagee, Landlord may give notice and terminate this Lease; provided, however, that no such act or event shall constitute a default hereunder or permit the termination of this Lease as long as 6
the payment of all Rent and the other obligations to be performed by the Tenant shall be performed by Tenant or any party claiming under or acting on behalf of Tenant.
10.2 Landlord Remedies. Upon the occurrence of a Tenant Default, following the expiration of any applicable notice and cure periods, Landlord shall have the option to pursue any one or more of the following remedies without notice or demand, in addition to all other rights and remedies available to Landlord at law or in equity, but in all instances, Landlord shall use commercially reasonable efforts to mitigate its damages:
(a) Landlord may enter upon and take possession of the Premises and Tenant's Property without terminating this Lease and without relieving Tenant of its obligation to make the monthly payments of Rent herein reserved, and as provided by applicable law expel or remove Tenant and any Tenant's Property located therein (and any other person who may be occupying the Premises or any part thereof) and relet the Premises in the name of Landlord at any rent readily obtainable, and receive the rent therefor. In such event, Tenant shall pay to Landlord monthly, upon demand, any deficiency in the monthly payments of Rent herein reserved that may arise by reason of such reletting and the expenses of such reletting, until the expiration of the Term of this Lease.
(b) Landlord may elect to terminate this Lease forthwith. In the event of such termination, Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord may enter upon and take possession of the Premises and Tenant's Property as provided by applicable law and expel or remove Tenant and any other person who may be occupying said Premises or any part thereof, and any personal property or trade fixtures located therein. In the event of forfeiture of this Lease as herein provided, Tenant agrees that any prepaid Rent being held by Landlord hereunder shall be forfeited to Landlord as liquidated damages for Tenant's default, which liquidated damages shall be in addition to and not in lieu of any unpaid Rent or any other damages accruing to Landlord by reason of such violation by Tenant of any of the terms, provisions and covenants of this Lease.
11. Landlord Default and Tenant Remedies. Landlord shall be in default in the performance of any obligation required to be performed by Landlord under this Lease if Landlord has failed to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, Landlord shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursues the same to completion. Upon default by Landlord which is not cured within any applicable notice and cure period, Tenant may pursue its rights and remedies at law or in equity. If Landlord shall be in default in the performance of any obligation required to be performed by Landlord under this Lease, or in the event Landlord or its agents causes the damage or destruction as set forth herein, Tenant shall have the right to recover from Landlord all amounts necessary to compensate Tenant for all the detriment proximately caused by such default or which would be likely to result therefrom; provided, however, in no event shall Landlord be liable for business interruption loss, lost profits or consequential or punitive damages except to the extent arising from any fraud, intentional misrepresentation or gross negligence of Landlord. Notwithstanding the forgoing, the total maximum liability of the Landlord for any damages of the Tenant under this Lease or any loss or damage to Tenant or its employees guest or invitees shall not exceed the amount of rent paid by the Tenant to the Landlord under this Lease. 7
12. Waste. Tenant shall not cause injury or waste to the Premises, reasonable wear and tear, effects of time, and damage by the elements or casualty excepted. Tenant shall keep the Premises clean and free from rubbish, trash and garbage, and, at its own expense, arrange for removal of same.
13. Parking. The Premises currently has a parking lot (the "Parking Lot"). Tenant shall have use of the Parking Lot in common with all others of any open parking spaces, twenty-four (24) hours a day, seven (7) days a week, every day of the year.
14. Signage and Building Identity. Tenant, at Tenant's sole cost and expense, shall be entitled to install signage on and about the Premises, including without limitation exterior signage at all lawful locations or as otherwise approved by appropriate governmental authority. Such signage shall be subject to all applicable laws.
15. Hazardous Substances.
15.1 (a) Tenant shall comply with all applicable laws relating to environmental conditions on, under or about the Premises including, but not limited to, soil and ground water conditions. Without limiting the generality of the foregoing, Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Substance (as defined below) upon or about the Premises, nor permit its respective employees, agents, invitees or contractors to engage in such activities upon or about the Premises. However, the foregoing provisions shall not prohibit the transportation to and from, and the use, storage, maintenance and handling within, the Premises of substances customarily used in connection with normal business use provided: (a) such substances shall be used and maintained only in such quantities as are reasonably necessary for the then -existing use of the Premises, strictly in accordance with applicable laws and the manufacturers' instructions therefor, (b) such substances shall not be disposed or discharged within the Premises, and shall be transported to and from the Premises in compliance with all applicable laws, and (c) if any applicable law or Tenant's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant's expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site. The term "Hazardous Substances" shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect is either: (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises, or (ii) regulated or monitored by any governmental authority having jurisdiction over the Premises or (iii) a basis for potential liability of Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, byproducts or fractions thereof. Tenant shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Landlord and timely compliance (at Tenant's expense) with all Applicable Requirements. "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons 8
entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Tenant may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, and including ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. In addition, Landlord may condition its consent to any Reportable Use upon receiving such additional assurances as Landlord reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit.
(b) Duty to Inform Landlord. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Landlord, Tenant shall immediately give written notice of such fact to Landlord, and provide Landlord with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. (c) Tenant Remediation. Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant's expense, comply with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Tenant, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Tenant, or any third party.
(d) Tenant Indemnification. Tenant shall indemnify, defend and hold Landlord, its council members, officers, agents, employees, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance first brought onto the Premises by or for Tenant, or any third party from and after the Effective Date (provided, however, that Tenant shall have no liability under this Lease with respect to any Hazardous Substances existing on, under or about the Premises prior to the Effective Date or any underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Tenant). Tenant's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Tenant, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Landlord in writing at the time of such agreement.
15.2 Landlord represents and warrants that it is not aware of and has no knowledge of any person or entity that has used, generated, manufactured, produced, stored, released, discharged or disposed of on, under, or about the Premises (or off -site of the Premises that might affect the Premises), or transferred to or from the Premises, any Hazardous Substances except for the transportation to and from, and the use, storage, maintenance and handling within, the 9
Premises of substances customarily used in connection with normal business use. Landlord shall protect, indemnify, defend and hold harmless Tenant and its directors, officers, members, managers, contractors, employees, agents, parents, subsidiaries, successors and assigns from and against any and all loss, damage, cost, expense, or liability (including reasonable attorneys' fees and costs) arising out of or attributable to the actions or omissions of Landlord or its agents, or a breach by Landlord of any representation, warranty, covenant or agreement contained in this Section and from any Hazardous Substances located on, under or about the Premises prior to the Effective date. It is the intent of Landlord and Tenant that Tenant shall have no liability for damage to the environment or natural resources, for abatement, removal or clean-up of, or otherwise, with respect to the environmental condition (known or unknown) of the Premises or any property adjacent thereto prior to the Effective Date of the Lease; and that Landlord shall have no liability for damage to the environment or natural resources, for abatement, removal or clean-up of, or otherwise, with respect to the environmental condition (known or unknown) of the Premises or any property adjacent thereto arising during the term of this Lease or attributable to the actions or omissions of Tenant. The warranties and indemnifications made by the parties in this Section shall survive the termination of this Lease, provided that, with respect to a release associated with an Environmental Regulatory Action, as defined below, the indemnifications shall terminate on receipt of a "no further action" letter or equivalent, from the governmental body concerned, or, if no such letter is available, upon the issuance of a report by Tenant's consultant, which consultant has been approved by Landlord in its reasonable discretion, stating that in the opinion of the consultant, all actions likely to be taken by a governmental body have been taken with respect to the release.
15.3 In the event there is a release of Hazardous Substances (including without limitation Hazardous Substances originating from any adjoining property or any property in the vicinity of the Premises) in, on or around the Premises, which results in an enforcement action or actions or proceedings brought against the Landlord or Premises by a governmental body having jurisdiction to compel an investigation, remediation, cleanup, response action, removal action or other regulatory response (the "Environmental Regulatory Action"), that arose prior to the Effective Date, Landlord shall take all required Environmental Regulatory Action and shall have the right to access the Premises as may be reasonably required for the performance of such obligations, provided that if the cost of performing such remediation is not contained within the approved annual budget, it may instead terminate this Lease without incurring any liability. Tenant shall be responsible for any Environmental Regulatory Action during the term of this Lease in which case the indemnities set forth below shall apply. If any corrective, remedial or responsive action includes any alterations to the Premises or such alterations are required by Environmental Laws, said alterations shall be performed at the expense of the party responsible for such Environmental Regulatory Action. In the event of an Environmental Regulatory Action not arising during the term of this Lease and which Environmental Regulatory Action causes a material, adverse effect on Tenant's business operations in the Premises, the rent shall abate to the extent of any diminution in the use of the Premises for each day from the date of the Environmental Regulatory Action until such time as the Hazardous Substances affecting the Premises have remediated, and the earlier of the date when: (i) Landlord obtains a "no further action" letter or equivalent or a report by Landlord's consultant, which consultant has been approved by Tenant in its reasonable discretion, stating that in the opinion of the consultant, all actions likely to be taken by a governmental body have been taken with respect to the release and delivered the same to Tenant, or (ii) the 10
Tenant has resumed its normal business operations at the Premises. Tenant shall have no obligation to conduct or otherwise pay for any investigative, engineering or remedial expenses, including, but not limited to, consultant fees for preparation of a report by Landlord's consultant with respect to any release directly attributable to Landlord or its agents or representatives, but shall be responsible for all such investigative, engineering or remedial expenses, including consultant fees, with respect to any release occurring during the term of this Lease.
16. No Waiver of Covenants and Agreements. The failure of Landlord or Tenant to insist in any instance on the strict keeping, observance or performance of any covenant or agreement contained in this Lease, or the exercise of any election contained in this Lease, shall not be construed as a waiver or relinquishment for the future of such covenant or agreement, but the same shall continue and remain in full force and effect. No waiver of any condition or covenant of this Lease by either party shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant of said lease.
17. Right of Entry. Upon the occurrence and during the continuance of a Tenant Default, Landlord and its representatives may enter on to the Premises during normal business hours upon reasonable advance written notice to Tenant. At any time during the Term or Renewal Term, as applicable, Landlord may enter the Premises during all business hours for any purpose. Any entry by Landlord and/or its representatives shall be accomplished in a manner which will minimize any interruption or interference with Tenant's business operations within the Premises.
18. Surrender of Premises. Tenant shall promptly surrender the Premises to Landlord at the expiration or sooner termination of the Term of this Lease and leave the Premises in good condition and repair, subject to reasonable wear and tear, broom clean and free of all debris, waste and by-products. Tenant may remove all of Tenant's Property from the Premises, as permitted in this Lease. Upon removal of any trade fixtures affecting the building systems, Tenant shall cap or cover such building system upon removal of the trade fixtures. Any of Tenant's property remaining in the Premises at the expiration of the Term of this Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstances have any liability to Tenant therefor. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. The provisions of this paragraph shall survive the expiration or termination of this Lease.
19. Holding Over. Any holding over after the expiration of the Term hereof, with or without the consent of Landlord, shall be construed to be a tenancy from month to month at the Rent herein specified (prorated on a monthly basis) and shall otherwise be on the terms and conditions herein specified, so far as applicable; provided, however, if such holding over is without the consent of Landlord; Rent for such holdover period shall be 100% the Rent due for the last year of the Term.
20. No Consecuential or Punitive Damages. Notwithstanding any provision of this Lease to the contrary, under no circumstances shall either party be liable to the other for any consequential, special, exemplary or punitive damages or lost profits. 11
21. Separability and Survivability. The illegality, invalidity or unenforceability of any term, condition, or provision of the Lease shall in no way impair or invalidate any other term, provision or condition of the Lease, and all such other terms, provisions and conditions shall remain in full force and effect. In the event that Landlord or Tenant lawfully terminates this Lease, the provisions of this Lease shall otherwise remain in effect to the extent necessary to allow Landlord and Tenant to enforce rights and obligations accruing prior to the termination of this Lease and attributable to the period of time prior to the termination of this Lease.
22. Governing Law and Venue. The Lease shall be governed by and construed pursuant to the laws of the state of California. Venue for any action under or related to this lease shall be exclusively in the state or federal courts located in the County of Riverside. Any judgment rendered in such an action may be enforced in any other jurisdiction domestic or foreign subject to applicable law and treaty.
23. Notices. All notices required under this Lease shall be deemed to be properly served if delivered in writing personally, sent by certified mail with return receipt requested or sent by nationally recognized overnight carrier, to the party at the address set forth below, or to any subsequent address which Tenant or Landlord may designate in writing to the other party for such purposes. The date of service of a notice shall be deemed received (a) when delivered, if delivered personally, (b) three (3) days after being deposited in the United States mail, certified mail, postage prepaid, or (c) one (1) day after being sent using a reliable overnight carrier. All notices shall be addressed as follows:
If to Landlord:
City of Beaumont
c/o City Manager
550 East Sixth Street
Beaumont, CA 92223
If to Tenant:
County of Riverside
Facilities Management, Real Estate Division
3450 14th Street, Suite 200
Riverside, CA 92501
Attention: Deputy Director of Facilities Management
24. Binding Effect. Except as otherwise herein provided, this Lease and all the covenants, terms, provisions and conditions herein contained shall inure to the benefit of and be binding upon the heirs, representatives, successors and assigns of each party hereto, and all covenants herein contained shall run with the land and bind any and all successors in title to Landlord.
25. Cooperation. Landlord shall fully cooperate with Tenant throughout the Term of this Lease to secure or maintain proper zoning, building and other permits for the Premises, and to assist Tenant in complying with all applicable laws. Landlord shall execute any petitions, requests, applications and the like as Tenant shall reasonably request in order to obtain any permit, license, variances and approvals which, in the reasonable judgment of Tenant, are necessary for the lawful construction and/or operation of Tenant's business on the Premises. 12
26. Entire Agreement and Amendment. This Lease constitutes the complete and entire agreement between the parties. All negotiations, considerations, representations and understandings between Landlord and Tenant are merged herein and may be modified or altered only by agreement in writing between Landlord and Tenant. No act or omission of any employee or agent of Landlord shall alter, change, or modify any of the provisions hereof.
27. Authority. Each party warrants and represents to the other party that (a) it is duly organized, validly existing and in good standing in the state of its organization; (b) it has all requisite power and authority to own and lease property in the state where the Premises are located; (c) it is fully authorized to enter into this Lease and that all required actions have been taken to authorize the execution of this Lease; and (d) this Lease constitutes a legally binding agreement enforceable against Landlord and Tenant, respectively, in accordance with its terms.
28. Counterparts. This Lease may be executed in one or more counterparts, all of which, when taken together shall constitute one agreement. A signed copy of this Lease delivered by facsimile, PDF, e-mail or other electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Lease.
29. Exhibits. All Exhibits and Recitals referenced herein and attached hereto are made a part hereof.
30. Time. Time is of the essence with regard to all obligations and covenants o='this Lease.
[Signature page to follow]
13
IN WITNESS WHEREOF, said parties have executed and delivered this Lease as of the date and year first above written.
TENANT:
COUNTY OF RIVERSIDE, a
political subdivision of the State of
California
LANDLORD:
CITY OF BEAUMONT
By: By:
Vincent Yzaguirre
Director of facilities management
Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Minh C. Tran, County Counsel SBEMP LLP
By: By:
John O. Pinkney
Deputy County Counsel
Braden Holly
MH:ill06022025/40.277
ATTEST:
EXHIBIT "A"
LEGAL
DESCRIPTION
1. Location: 514 N. California Ave.; Beaumont, CA 92223
2. Landlord will make the building accessible to Program Provider: Mondays - Thursday, 7:30A -5:30P; Fridays, 7:30A-12:OON & other hours as agreed by the Landlord.
3. Building spaces designed for tenant use with space numbering corresponding to the attached building floorplan map:
a. Space #12
6 MAKERSPACE
47'0' x 155"
KITCHEN
21'3" x T9'
5 4
OFFICE
57" x 910'
3 OFFICE
8'T x 159'
2 i
FLOOR 1
UTILITY CLOSET
9'r x 8'4'
CLASSROOM
31.2' x 25'1"
HALL
4 9 x 38'11'
BATH
T1' x 7'3"
BATH
74' x 75"
inT3' x 162"
HALL
9 OFFICE
1 Tr x 10'8'
I
i
8 ROOM
1rrx 10.9'
7 MEETING ROOM
172' x 10'8'
i
ELEVATOR
8'0' x 162"
'1' x 28'11'
11 OFFICE
11'r x 18.4'
10 OFFICE
11'2' x t1'11'
16 BATH
6'C" x 10'10"
ROOM
11'6' x 9X0'.
15 OFFICE
11f'z 19'6'
h TGMJJ
x 6'7
BAT—I
I" x bU'1D'
HALL
19'1' x 8'5"
20 ROOM
14'1' x 11'10'
19 HALL - OFFICE
4'S' I 3Y is 14'1' x 11'11'
/ I
14 1.
OFFICE
11'6' x MC"
FLOOR 2
18 • OFFICE
141'x 11'117
WALL
19'1' x 4'1"
II _
13 OFFICE
11'4' x 10'5'
HALL ,,
8'3"
HALL
5'x40'17
12 OFFICE
1011' x 175
ELEVATOR
8'5'x03'
r
22 ROOM
11'7' x 1513'
ENTRY
11'11'x41"
21 ROM
117'x103'
HALL
16'5' x 102'
BEAUMONT
-C A L I F O R N I A-7
Staff Report
TO: City Council
FROM: Clay Shepard, Supervising Fire Marshal
Darron Usher, Principal Management Analyst
DATE June 17, 2025
SUBJECT: Second Reading to Adopt Ordinance Establishing Fire Hazard Severity Zones within Local Responsibility Areas in the City of Beaumont Description An ordinance establishing the updated Fire Hazard Severity Zones (FHSZ) within the Local Responsibility Areas (LRA) of the City of Beaumont, as recommended by the California Department of Forestry and Fire Protection (CAL FIRE).
Background and Analysis:
On February 6, 2025, Governor Gavin Newsom signed an Executive Order mandating the update and release of FHSZ maps for Local Responsibility Areas. These updated maps, released to the City on March 24, 2025, add approximately 1.4 million acres statewide to the "high" and "very high" fire hazard designations, directly affecting 389 cities, including Beaumont.
As required by Government Code Sections 51175-51189, local jurisdictions must adopt the FHSZ maps by ordinance within 120 days of release. The City has met the 30 -day public review requirement by making the maps available both online and at City Hall.
Outreach included the launch of a dedicated webpage on April 2 and social media dissemination on April 4.
The proposed ordinance (Attachment A) formally adopts the "City of Beaumont Fire Hazard Severity Zones Map" as prepared by CAL FIRE and requires future compliance with applicable building and fire codes in the designated Very High FHSZ areas.
The adoption supports the City's wildfire risk mitigation efforts and aligns with State law requiring updated land use planning, defensible space regulations (Zones 0, 1, and 2), and fire -safe development standards.
The first public hearing for this item was held on June 3, 2024.
Fiscal Impact:
There is no immediate fiscal impact resulting from the ordinance adoption. Additional inspections that will be required will be handled by the County of Riverside, Fire Department.
The estimated cost of preparing this staff report is $300.
Recommended Action:
Waive the second full reading and adopt by title only:
"An Ordinance of the City Council of the City of Beaumont, California, Adopting the Fire Hazard Severity Zones as Recommended by the California Department of Forestry and Fire Protection Pursuant to Government Code Section 51178" Attachments:
A. Draft Ordinance
B. LRA FHSZ Map - Beaumont
ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, ADOPTING THE FIRE HAZARD SEVERITY ZONES AS
RECOMMENDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO GOVERNMENT CODE SECTION 51178
WHEREAS, the California Department of Forestry and Fire Protection ("CAL FIRE"), pursuant to Government Code Section 51178, has identified areas in the state as moderate, high, and very high and developed updated Fire Hazard Severity Zone ("FHSZ") maps for areas within Local Responsibility Areas ("LRA"); and
WHEREAS, Government Code Sections 51175 through 51189 require local jurisdictions to adopt the FHSZ maps by ordinance, and to enforce the building standards for new structures in Very High FHSZ's as established in the California Building Code and California Fire Code; and WHEREAS, adoption of the FHSZ map will help the City reduce the risk of wildfire through updated planning and building standards and enable better protection of life, property, and natural resources; and
WHEREAS, the City of Beaumont desires to adopt the FHSZ map as recommended by CAL FIRE to comply with state law and to ensure the health, safety, and welfare of the community.
THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Designation of Fire Hazard Severity Zones
The City of Beaumont hereby adopts and designates the Fire Hazard Severity Zones within the City as recommended by the California Department of Forestry and Fire Protection and presented in the map titled:
"City of Beaumont Fire Hazard Severity Zones Map,"
as maintained and published by the California Department of Forestry and Fire Protection.
This map is incorporated by reference and shall serve as the official FHSZ designation within the Local Responsibility Area for the City of Beaumont.
SECTION 2: Availability of the Map
The official Fire Hazard Severity Zones map is available for public review:
• In the Office of the City Clerk, City of Beaumont, located at 550 E. 6th Street, Beaumont, CA 92223; and
• Electronically on the City's official website at: https://www.beaumontca.gov SECTION 3: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City.
MOVED AND PASSED upon first reading this 3rd day of June 2025, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MOVED, PASSED AND ADOPTED this 17th day of June 2025, upon second reading by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mike Lara, Mayor
Attest:
Nicole Wheelwright, Deputy City Clerk
Approved as to form:
John O. Pinkney, City Attorney
Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Very High High Moderate
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
Very High High Moderate
Mi 0
Km 0
1 1
2 3
Projection: NAD 83 California Teale Albers
Scale: 1:67,000 at 11" x 17"
Incorporated City
Unzoned LRA
2 3
H
4 5
Waterbody
Federal Responsibility
Area (FRA)
The State of California and the Department of Forestry and Fire Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps.
Gavin Newsom, Governor, State of California
Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Daniel Berlant, State Fire Marshal, C" Dcpartment c`'orestry and Fire Protection Data Sources:
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) CAL FIRE State Responsibility Areas (SRA25_1)
City and County boundaries as of 10/22/24 (CA Board of Equalization)
BEAUMONT
-C A L I F O R N I A-7
Staff Report
TO: City Council
FROM: George Walter, Interim Police Chief
Brent Conan, Police Sergeant
DATE June 17, 2025
SUBJECT: Resolution to Adopt the FY24 Justice Assistance Grant (JAG) Description Request to approve a resolution authorizing the City of Beaumont's participation in the 2024 Justice Assistance Grant (JAG) Program and execution of the Interlocal Agreement with the County of Riverside and participating cities.
Background and Analysis:
The Edward Byrne Memorial Justice Assistance Grant (JAG) is a federally funded program administered by the U.S. Department of Justice. The program provides support to local law enforcement agencies for a broad range of criminal justice activities, including personnel, training, equipment, and technology enhancements.
The Riverside County Sheriff's Department serves as the fiscal agent for the 2024 JAG Program and will distribute grant funds to participating agencies within the county. To receive its allocation, the City of Beaumont must enter into an Interlocal Agreement with the County and other participating jurisdictions.
For Fiscal Year 2024, the City of Beaumont has been allocated $12,380 in JAG funding.
After the required 10% administrative fee retained by the County ($1,238), the City will receive a net award of $11,142. The funds will be distributed on a reimbursement basis for eligible expenses that align with federal JAG guidelines.
Fiscal Impact:
The fiscal impact resulting from acceptance of the Fiscal Year 2024 JAG will result in an increase of $11,142 in grant revenue and an appropriation in expenditures in a project account assigned by the Finance Department. There is no local match requirement.
The cost to prepare this staff report was $200.00.
Recommended Action:
Waive the full reading and adopt by title only, "A Resolution of the City Council of the City of Beaumont, California, authorizing certain city officials of the City of Beaumont or designee to accept the Fiscal Year 2024 Justice Assistance Grant (JAG) award in the amount of eleven thousand one hundred forty-two dollars ($11,142), and to authorize all documents in the furtherance thereof."
Attachments:
A. Resolution
B. Interlocal Agreement — 2024 JAG
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA, AUTHORIZING CERTAIN CITY
OFFICIALS OF THE CITY OF BEAUMONT OR DESIGNEE TO
ACCEPT THE FISCAL YEAR 2024 JUSTICE ASSISTANCE GRANT
(JAG) PROGRAM AWARD IN THE AMOUNT OF ELEVEN
THOUSAND ONE HUNDRED FORTY-TWO DOLLARS ($11,142),
AND TO AUTHORIZE EXECUTION OF ALL DOCUMENTS IN
THE FURTHERANCE THEREOF
WHEREAS, the City of Beaumont is eligible to receive Fiscal Year 2024 Justice Assistance Grant (JAG) Program funds in the amount of Twelve Thousand Three Hundred Eighty Dollars ($12,380), administered by the County of Riverside as the designated fiscal agent; and WHEREAS, the County of Riverside will retain ten percent (10%) of the City's allocation ($1,238) for administrative costs, resulting in a net award to the City of Beaumont in the amount of Eleven Thousand One Hundred Forty -Two Dollars ($11,142); and WHEREAS, the City Council desires the City Manager, Deputy City Manager, and/or designee to accept the aforementioned grant and to execute, for and on behalf of the City of Beaumont, any document, including agreements, amendments, extensions, and grant award documents with the County of Riverside, or other responsible government agency, for the purpose of obtaining federal financial assistance provided by the Fiscal Year 2024 JAG Program.
NOW, THEREFORE, BE IT RESOLVED, The City Council hereby authorizes and does accept the Fiscal Year 2024 Justice Assistance Grant (JAG) Program Award in the amount of Eleven Thousand One Hundred Forty -Two Dollars ($11,142).
Section 1. The City Council hereby authorizes the City Manager and/or designee to execute, for and on behalf of the City of Beaumont, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the U.S. Department of Justice and administered through the County of Riverside, including but not limited to signing agreements, amendments, and other related documents.
Section 2. The Resolution shall take effect immediately.
MOVED, PASSED, AND ADOPTED this 17th day of June 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Mike Lara, Mayor, City of Beaumont
ATTEST:
Nicole Wheelwright
DEPUTY CITY CLERK
By:
2
INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF BEAUMONT, CORONA, DESERT HOT SPRINGS, HEMET, INDIO,
JURUPA VALLEY, LAKE ELSINORE, MENIFEE, MORENO VALLEY, MURRIETA, PALM
SPRINGS, PERRIS, CITY OF RIVERSIDE, TEMECULA AND
THE COUNTY OF RIVERSIDE, CA
CONCERNING DISTRIBUTION OF THE
2024 JUSTICE ASSISTANCE GRANT AWARD
This Interlocal Agreement ("Agreement") is made and entered into this tPH day of filattch 2025, by and between THE COUNTY OF RIVERSIDE, acting by and through its goveming body, the Riverside County Board of Supervisors (hereinafter referred to as "COUNTY"), and named CITIES as referenced in Appendix 1 (hereinafter referred to as "CITIES"), acting by and through their respective governing bodies, the City Councils, all of whom are situated within the County of Riverside, State of Califomia, as follows:
WHEREAS, each goveming body, in performing governmental functions or in paying for the performance of govemmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, the COUNTY agrees to release to CITIES their respective grant allocation from the JAG Award, less ten percent (10%) re -allocated to COUNTY, as reflected on Appendix 1, here attached and hereby incorporated by reference as part of this Agreement, on a reimbursement basis; and COUNTY agrees to provide the administration of COUNTY's and CITIES' programs during the entire permissible duration of said programs; and additionally the COUNTY and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with Justice Assistance Grant (JAG) guidelines; and
WHEREAS, the COUNTY and CITIES believe it to be in their best interests to reallocate the JAG funds.
NOW THEREFORE, the COUNTY and CITIES agree as follows:
Section 1.
COUNTY agrees to release to CITIES up to their respective grant allocation from the JAG Award, less ten percent (10%) re -allocated to COUNTY, as reflected in Appendix 1 on a reimbursement basis, from the JAG Award within forty-five (45) days upon receipt of fully documented reimbursement request, and; COUNTY agrees to provide the administration of COUNTY's and CITIES' programs during the entire permissible duration of said programs.
Section 2.
COUNTY and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines.
MOU - 2024 Justice Assistance Grant Page I 1
MAR 1 rt 7il7'i z�
Section 3.
COUNTY and CITIES agree to comply with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars that apply to the 2024 Justice Assistance Grant; and 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) and specifically assures and certifies all items as written in the attached Addendum A "Riverside County Sheriff's Office Certified Standard Assurances." Section 4.
CITIES agree to provide COUNTY with sufficient, timely information within five (5) business days after receiving a written request from COUNTY to meet JAG requirements for quarterly, semi- annual, and annual financial and performance reports.
Section 5.
Nothing arising from this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law.
Section 6.
Nothing arising from this Agreement shall impose any liability for claims or actions against CITIES other than what is authorized by law.
Section 7.
Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable to any other party to this Agreement for any claim or action arising from the services provided under this Agreement.
Section 8.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 9.
By entering into this Agreement, the parties do not intend to create any obligations, either express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
MOU - 2024 Justice Assistance Grant Paget 2
WHEREFORE, all parties freely and voluntarily agree to ail the above terms.
COUNTY OF RIVERSIDE, a political
subdivision of the State of California,
on behalf of Riverside County Sheriffs
Office
(rid --1/1,
V. Manuel Perez
Chair, Board of Supervisors
ATTEST:
Kimberly A. Rector
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
Minh C. Tran
County Counsel
Amr(t P. Dhi
Deputy County Counsel
MOU - 2024 Justice Assistance Grant
#4AD 1 y ')n7Z 2 )_
Appendix 1
Eligible Agencies in FY 2024 JAG Disparate Area
Riverside County (Sheriff's Office) FA
BJA Formula
To Fiscal Agent
(Sheriff's Office)
Adjusted
Individual
Allocation
Beaumont
$12,380
($1,238)
_ $11,142
Corona
$19,709
($1,971)
$17,738
Desert Hot Springs
$15,463
($1,546)
$13,917
Hemet
$24,849
($2,485)
$22,364
Indio
$30,658
($3,066)
$27,592
Jurupa Valley
$21,273
($2,127)
$19,146
Lake Elsinore
$11,418
($1,142)
$10,276
_
Menifee
$14,480
($1,448)
$13,032
Moreno Valley _
$55,216
($5,522)
$49,694
Murrieta
$13,340
($1,334)
$12,006
Palm Springs
$18,815
($1,882)
$16,933
Penis
$18,145
($1,815)
$16,330
Riverside City
$107,908
($10,791)
$97,117
Temecula
$10,927
($1,093)
$9,834
Riverside County
$65,473
$37,460
$102,933
Total
$440,054
$440,054
% To Fiscal Agent
10%
$ To FA
$37,460
MOU - 2024 Justice Assistance Grant
Pagei4
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF BEAUMONT, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2024 Justice Assistance Grant
Page l5
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF CORONA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2024 Justice Assistance Grant
Page l6
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF DESERT HOT SPRINGS, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2024 Justice Assistance Grant Page 17
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF HEMET, CA
City Manager ,
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2024 Justice Assistance Grant
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY ❑F INDIO, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
City Attorney
MOU - 2024 Justice Assistance Grant
WHEREFORE, all parties freely and voluntarily agree to all the above terms,
CITY OF JURUPA VALLEY, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2O24 Justice Assistance Grant
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF LAKE ELSINORE, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2024 Justice Assistance Grant Page 1 11
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF MENIFEE, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2024 Justice Assistance Grant Page 112
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF MORENO VALLEY, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2024 Justice Assistance Grant Page 113
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF MURRIETA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MQU - 2024 Justice Assistance Grant
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF PALM SPRINGS, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2024 Justice Assistance Grant Page 115
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF PERRIS, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2024 Justice Assistance Grant Page 116
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF RIVERSIDE, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOO - 2024 Justice Assistance Grant Page 117
WHEREFORE, all parties freely and voluntarily agree to all the above terms.
CITY OF TEMECULA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU - 2024 Justice Assistance Grant Page 118
BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: George Walter, Interim Police Chief
Miguel Macias, Police Captain
DATE June 17, 2025
SUBJECT: Approve Contract With PetData
Description Approve a service contract with PetData Inc. for processing animal license applications and maintenance of data.
Background and Analysis:
Beaumont Municipal Code 6.06.010 et seq. requires resident dog owners to procure a license for their pet. Animal licensing correlates to responsible pet ownership by integrating immunization records with owner information, supporting safety and security for our community's pets. A recurring process every one to three years, depending on the animal's eligibility, involves active maintenance and record keeping, including the following services:
1. Processing of License Applications
a. Process applications.
b. Maintain database.
c. Collect payments.
2. Mailing License Notices
a. Mail renewal reminders and billing notices.
3. Customer Service Program
a. Provide customer service to pet owners and City of Beaumont staff.
4. Managing Reports
a. Provide monthly reports to the City of Beaumont and more, as requested.
PetData's service and database are used daily by City staff to manage and advise customers on their animal's license. Our account partners at PetData actively work through the full life cycle of licenses, including mitigating circumstances that may arise.
PetData Inc. has agreed to continue providing these licensing services to animal owners within the City of Beaumont, as described in the attached contract. Their level of service matches our prior contract dated 2020.
One change is a slight increase of twenty cents per license for the first year of the license term. Their fee per one-year license or the first year in a multi -year license is now $4.40 compared to the prior rate of $4.20. License costs and fees are exemplified below:
1. 1 -year license costs $25. PetData retains $4.40.
2. 2 -year license costs $40. PetData retains $6.40.
3. 3 -year license costs $55. PetData retains $8.40.
PetData's collection of the fees is completed in one of two ways. First, if the customer pays PetData directly, the fee is retained from the total before disbursing to the City.
Second, if the customer pays at a City facility, PetData reconciles the appropriate fee from the balance owed to the City monthly.
In comparing service with cost, these fees present significant savings compared to a City operation. Between staffing, software, mailing supplies, and postage, the above fees offer value and even discounted rates for multi -year licenses for equivalent service.
These nominal fees are worthy of the full-scale service provided by PetData for our City's pet licensing compliance.
The City Attorney has approved this agreement as to form and content. See Attachment A.
Fiscal Impact:
While the total impact on the budget can only be determined based on the number of animals licensed, we currently estimate 2,500 active animal licenses in the City.
Calculating this license figure with the increase from PetData, the impact on the City's revenue is estimated at a $500.00 loss annually or a total of $1,500.00 throughout this three-year contract.
The cost to prepare this report was $200.
Recommended Action:
Approve the service contract with PetData to provide animal license processing services.
Attachments:
A. PetData Agreement
C25-04
AGREEMENT FOR ANIMAL LICENSING SERVICES
(PETDATA, INC.)
TI-IIS AGREEMENT FOR ANIMAL LICENSING SERVICES ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation whose address is 550 E. 5111 Street, Beaumont, California 92223 (hereinafter called "CITY"), and PETDATA, INC., a Texas for-profit corporation whose address is 8585 N Stemmons FWY, STE 1100N, Dallas, Texas 75247 (hereinafter called "CONTRACTOR"), as of 2025 ("the Execution Date"). CITY and CONTRACTOR are referred to individually as a "Party" and collectively as the "Parties" throughout this Agreement.
SERVICES
For the consideration set forth below, CONTRACTOR agrees to provide to CITY the animal licensing services described under "CONTRACTOR's RESPONSIBILITIES" in Exhibit A, attached hereto and incorporated herein by reference (collectively, the "Services"), upon the terms and conditions of this Agreement. The Services relate to CITY's licensing and registration of pets. CITY agrees to perform "CITY's RESPONSIBILITIES" described hi Exhibit A. In the event of any conflict between any of the content of Exhibit A and any of the provisions of the main body of this Agreement, the provisions of the main body of this Agreement will prevail.
2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both Parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employrncnt benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement.
3. OVERSIGHT AND COORDINATION
All Services under this Agreement shall be performed to the reasonable satisfaction of the City Manager or his/her designee or his or her designated representative as provided in Section 4. However, CONTRACTOR shall determine the method, details and means ofperforrning the above -described Services and CITY shall have no right to, and shall not, control the matter or determine the method of accomplishing CONTRACTOR's services. CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR's services.
4. PERFORMANCE OF SERVICES
CONTRACTOR acknowledges that, prior to signing this Agreement, CONTRACTOR has become acquainted with matters relating to the performance of this Agreement and the terms and conditions of this Agreement, as reasonably determined by the City Manager or other person whom CITY shall from time to time designate to monitor the performance of the Services by CONTRACTOR. CITY agrees to promptly notify CONTRACTOR of the name and contact information of the person who will monitor the performance of the Services on behalf of CITY, and to promptly notify CONTRACTOR of any changes to CITY'S monitoring designee or the contact information for CITY's monitoring designee.
5. CUSTOM SUPPLIES
If CITY requests that CONTRACTOR utilize specific supplies in connection with the performance of the Services, such as, for example, forms, brochures, or rabies books, CITY will provide those supplies to CONTRACTOR without charge.
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C25-04
G. BANK ACCOUNTS
Licensing fees and any other amounts that are collected by CONTRACTOR for the benefit of CITY under this Agreement shall be deposited into an account of one of the following types that is from time to time designated by CITY (a "Bank Account"):
A. CITY Account.
An account established and maintained by CITY in its name at a bank or other financial institution (a "CITY Account"); or
B. Maintained Account.
A separate account established and maintained by CONTRACTOR at a bank or other financial institution selected by CONTRACTOR in which will be deposited funds that relate solely to this Agreement (a "Maintained Account").
CITY will initially designate the type of Bank Account to be utilized hereunder in a notice that CITY will deliver to CONTRACTOR during the Transition Phase in accordance with Section 12. CITY may thereafter change the designation of the type of Bank Account to be utilized hereunder from time to time upon notice to CONTRACTOR, and CONTRACTOR will have a reasonable time in order to effect any such requested change. CITY will reimburse CONTRACTOR for all out-of-pocket expenses incurred by CONTRACTOR in connection with any change in the type of Bank Account utilized hereunder. CITY acknowledges and consents that CONTRACTOR may make an initial deposit into a Maintained Account from CONTRACTOR's funds in order to establish the account, which initial deposit will be refunded or otherwise reimbursed to CONTRACTOR, When a Maintained Account is closed, any funds remaining in the account after the payment of all amounts due CITY hereunder will belong to and be disbursed to CONTRACTOR.
7. COMPENSATION TO CONTRACTOR
In consideration of the Services, CONTRACTOR shall be entitled to the following compensation:
A. Basic Fees.
CITY shall pay to CONTRACTOR the following fees for all animal licenses issued during the term of this Agreement, regardless of whether the licenses are issued by CITY, CONTRACTOR, veterinarians, or any other persons:
1) Four dollars and thirty cents ($4.40) for each one-year license or replacement tag and for the first year for each multi -year license (which amount is subject to adjustment as provided below). 2) Two dollars ($2.00) for each additional year after the first year for each multi -year license. 3) Two dollars and fifty cents ($2.50) collection service fee for each late fee, if any, paid by a Licensee during the term of this Agreement. As used in this Agreement, the term "Licensee" refers to any person who applies for an animal license to be issued by or on behalf of CITY.
The fee provided for in clause A.1), above, will be adjusted as follows during any of the following periods that fall within the term of this Agreement: (a) commencing on the third (3rd) annual anniversary of the Execution Date and continuing until the fifth (5th) annual anniversary of the Execution Date, the fee provided for in clause A.1), above, will be four dollars and forty cents ($4.40).
An animal license will be considered "issued" for purposes of this Agreement regardless of the means, method, program, process, or agency used for the issuance or registration of the license, and whether or not a fee or other consideration is charged or received by the CITY for the license. Without limiting the generality of the foregoing, an animal license that is donated or issued free of charge by the CITY or that is issued as part of a bundling of CITY services or programs will be considered "issued" for purposes of this Agreement. Further, any animal license that is processed by CONTRACTOR for CITY during the term of this Agreement will be considered "issued" for purposes -2-
C25-04
of this Agreement, whether or not the license was or is actually issued or delivered before, during, or after the term of this Agreement.
Notwithstanding the preceding provisions of this Section 7A, the Parties agree that CONTRACTOR's minimum aggregate fees under this Section 7A are six thousand dollars ($6,000,00) per calendar year. In order to assure the payment of such minimum aggregate annual fees to CONTRACTOR, the Parties agree that if the aggregate fees payable to CONTRACTOR under this Section 7A for a calendar month would, but for the application of this sentence, be less than five hundred dollars ($504.00), then the aggregate fees payable to CONTRACTOR under this Section 7A for that calendar month will be five hundred dollars ($500.00). However, the foregoing minimum monthly amount will not be applicable if the aggregate fees paid to CONTRACTOR under this Section 7A have already equaled or exceeded, or in the opinion of CONTRACTOR are reasonably expected to otherwise equal or exceed, six thousand dollars ($6,000.00) for that calendar year. lithe aggregate annual fees paid to CONTRACTOR under this Section 7A during any calendar year do not equal or exceed six thousand dollars ($6,000.00), then CITY shall pay an amount equal to the positive difference between (i) six thousand dollars ($6,000.00) and (ii) the amount previously paid to CONTRACTOR for that calendar year, upon demand by CONTRACTOR. The six thousand dollars ($6,000.00) minitnum annual amount shall be prorated for any partial calendar year during the term of this Agreement. No delay or failure on the part of CONTRACTOR in imposing or collecting the aforesaid monthly minimum amount shall affect CONTRACTOR's right to receive the aforesaid minimum aggregate annual fees or to collect the aforesaid minimum aggregate monthly amount either then or in the future. CITY acknowledges that the aforesaid minimum fee amounts apply only to the fees payable to CONTRACTOR under this Section 7A, and do not include, by way of example and not by way of limitation, any Start -Up Fee payable to CONTRACTOR under Section 7I3.
The fees paid to CONTRACTOR under this Section 7A are further subject to reasonable adjustment in the event that CITY adds, modifies, or eliminates any fees that are charged to Licensees during the term of this Agreement. CITY and CONTRACTOR agree to negotiate any such reasonable adjustments in good faith.
B. Start -Up Fee.
Startup fee is waived for this Agreement.
C. Additional Service Fees or Costs.
The following fees or cost reimbursements will apply to the extent that the corresponding services described below are requested by CITY:
1) Cost of Bank Account. CITY will be responsible for all out-of-pocket costs related to any Bank Account. CITY will reimburse CONTRACTOR on a monthly basis for any out-of-pocket costs for a Bank Account that are paid by CONTRACTOR. CITY may request copies of the bank statements for a Maintained Account at any time and CONTRACTOR will provide available bank statements for that Maintained Account within five (5) business days after a request is received by CONTRACTOR.
2) Ban Deposit Mailing Fees, If CITY requires CONTRACTOR to deposit money into a CITY Account other than at a branch located in Irving, Texas (or any other city to which CONTRACTOR's principal ❑fFice may be moved during the term of this Agreement), CONTRACTOR may make any deposit to that CITY Account by means of any form of U.S. Mail or overnight delivery service, and the actual cost to transmit the deposits to the required bank location will be borne by CITY and included in invoices submitted to CITY for the Services. 3) Postal Box/Mai] Forwarding Fee. If CITY requests CONTRACTOR to establish a local post office box for mail collection and forwarding, CITY will pay or reimburse CONTRACTOR for the actual costs of mail box rental, mail forwarding and postage fees. 4) Supply Fee. If CITY requests changes to supplies or notices that it has previously approved, including but not limited to fee or program changes, CITY will be responsible for the actual costs associated with changing, replacing or discontinuing the use of the previously approved supplies. If 3
C25-04
CITY terminates this Agreement for any reason other than for cause, CITY will remain responsible for the actual cost of supplies purchased on its behalf. 5) Lock Box Fees. If CITY utilizes a lockbox, the actual fees and costs associated with the lockbox, including the cost to forward mail to CONTRACTOR from a lockbox, shall be borne solely by CITY.
D. Charees to Licensees.
For purposes of this Agreement, CITY agrees that CONTRACTOR may charge the following fees to Licensees, which shall be in addition to any compensation paid by CITY to CONTRACTOR under this Agreement:
I) Two dollars ($2.00) for each on-line transaction engaged in by a Licensee. 2) CONTRACTOR may charge a fee to a Licensee of no more than twenty-five dollars ($25.00) for each check or other payment from that Licensee that is returned uncollected for any reason. Any such returned item fee related to a maintained Bank Account that is actually collected shall be deposited into the maintained Bank Account and shall be for the benefit of CITY.
E. Invokes.
CONTRACTOR shall submit no -pay invoices or other similar report for all services rendered. CONTRACTOR's invoice shall describe the work performed and any approved direct expenses incurred during the preceding period.
F. Other Expenses.
Except as otherwise set forth in this Agreement. CONTRACTOR shall be responsible for its own reasonable costs and expenses incident to the performance of services for CITY.
8. MODIFICATIONS OF SERVICES
If CITY requests Services in addition to those described in this Agreement; and CONTRACTOR agrees to provide those additional Services, then CONTRACTOR shall be entitled to additional compensation for those additional Services as shall be agreed upon by CONTRACTOR and CITY in a written modification to this Agreement that is signed by CITY and CONTRACTOR. CONTRACTOR shall not be required to perform any such additional Services unless and until the Parties have entered into a written modification of this Agreement. Without limiting the other types of services that may be considered to be outside of the scope of the Services described in this Agreement, the following types of Services would be considered to be outside of'the scope of the Services described in this Agreement and, therefore, the subject of additional compensation to CONTRACTOR: customized software projects; requests for new features in CONTRACTOR's software; or requests for CONTRACTOR to implement new procedures or operations. CITY may determine after the Execution Date that certain portions of the Services are no longer necessary, in which event CITY shall notify CONTRACTOR of the portions of the Services that are no longer required, and CONTRACTOR shall be relieved of the responsibility for performing those portions of the Services. I-Iowever, there shall be no adjustment in CONTRACTOR'S compensation hereunder for any portions of the Services that CONTRACTOR is not required to perform.
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C25-04
9. REPORTS
A. Reports from CONTRACTOR.
Within fifteen (15) business days alter the end of each calendar month during the term hereof, CONTRACTOR shall submit an animal licensing summary report for the preceding calendar month to CITY in a format that is mutually agreed upon by CITY and CONTRACTOR. Any such report may be transmitted electronically or by any other means.
B. Reports from CITY.
Within ten (10) calendar days after the end of each calendar month during the term hereof, CITY shall submit a report to CONTRACTOR of all license fees that CITY has received during the preceding calendar month from Licensees, veterinarians or any other source other than CONTRACTOR. Any such report may be transmitted electronically or by any other means.
10. PAYMENTS
A. CITY Account Used.
If and for so long as a CITY Account is utilized hereunder, the following provisions shall apply (and the provisions of Section 10B shall be inapplicable):
Within fifteen (15) business 'days after the end of each calendar month, CONTRACTOR shall submit to CITY an invoice with supporting documentation for the compensation due CONTRACTOR under this Agreement for that calendar month. CITY shall pay CONTRACTOR the invoiced amount by means of check, ACI-I payment or other form of payment acceptable to CONTRACTOR within thirty (30) days after the date CONTRACTOR submits the invoice to CITY. Invoices that are not timely paid will, at CONTRACTOR's option, bear interest from the thirtieth (30'1') day after the date that CONTRACTOR submits the invoice to CITY until paid at a rate equal to the lesser of (i) 18% per annum or (ii) the maximum annual rate of interest permitted froth time to time under applicable law (or if those rates are the same, then at the rate determined under either clause). Invoices shall be submitted electronically to the e-mail address that CITY shall from time to time provide CONTRACTOR for the submission of invoices or in such other manner as CITY may from time to time request in writing to CONTRACTOR and that is acceptable to
CONTRACTOR,
13. Maintained Account Used.
If and for so long as a Maintained Account is utilized hereunder, the following provisions shall apply (and the provisions of Section 10A shall be inapplicable):
Within fifteen (15) business days after the end of each calendar month, CONTRACTOR shall remit to CITY the residual amount, if any, of all license fees collected by CONTRACTOR hereunder during the preceding calendar month after deducting therefrom all fees, costs, expenses, and reimbursements due CONTRACTOR hereunder. If at any time the funds in the Maintained Account are not sufficient to fully pay amounts due to CONTRACTOR hereunder, then CONTRACTOR may recoup any shortfall from any subsequent payments due to CITY under this paragraph until all sums due CONTRACTOR have been fully paid.
C. Direct Collections by CITY.
If CITY collects any animal license fee or any other amount that is subject to this Agreement directly from a Licensee, veterinarian or other source, other than CONTRACTOR, CITY may either forward the amount collected to CONTRACTOR within fifteen (15) business days for deposit into a Maintained Account, if a Maintained Account is in effect, or retain the amount. In either event, CITY shall report the amount so collected to CONTRACTOR in accordance with Section 9B so that the fee(s) due CONTRACTOR hereunder with respect to the atnount collected by CITY may be determined and paid in accordance with this Agreement.
11. TERM
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C25-04
The initial term of this Agreement will commence on the Execution Date and will expire at the close of business on the last day of the thirty six (36) full calendar months after the Execution Date unless this Agreement is sooner terminated in accordance with other provisions of this Agreement.
12. PERMITS AND REQUIREMENTS
A. Permits.
CONTRACTOR shall obtain the necessary permits(s), including a business license, required by CITY or its governing ordinances for the performance of the Services. CITY agrees to provide CONTRACTOR with a list of any and all such permits and to work with CONTRACTOR in good faith to aid it in obtaining any such permits in a timely fashion.
13. Compliance With Codes & Laws.
CONTRACTOR shall use reasonable business efforts to keep itself informed of all State and National laws and all municipal ordinances and regulations of CITY which, in any manner, affect those engaged or employed in the performance of the Services by or on behalf of CONTRACTOR or which in any way affect the performance of the Services by or on behalf of CONTRACTOR. CITY agrees to provide CONTRACTOR with copies of any municipal ordinances and regulations which, in any manner, could affect the way in which CONTRACTOR performs the Services. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of CITY's Municipal Code obligating every contractor or subcontractor under a contract or subcontract to CITY to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, or ancestry of any employee, applicant for employment, or any potential subcontractor.
13. COVENANTS REGARDING DATA
The vaccination and license data collected on behalf of CITY by CONTRACTOR pursuant to this Agreement and maintained by CONTRACTOR shall be deemed for all purposes to be the property of the CITY and may not be sold, assigned, or otherwise transferred by CONTRACTOR or any successor in interest to the assets of CONTRACTOR, including a trustee or receiver.
CONTRAC'T'OR agrees that it will not use any data collected on behalf of CITY for any purposes other than for the performance of the Services and other purposes under this Agreement without the written consent of CITY except as provided in the Agreement or applicable laws. Furthermore, CONTRACTOR specifically agrees that it will not intentionally sell, transfer, or release personal data it has collected hi fulfilling the terms of this Agreement to any third party. Additionally, CONTRACTOR agrees that any intentional sale, transfer or release of animal licensing data in violation of this Agreement represents an event of default and CITY has the right to terminate this Agreement immediately. In addition, CONTRACTOR, shall be liable for any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities, and expenses, including, without limitation, reasonable attorneys' fees (collectively "Damages") incurred by CITY as a result of any intentional transfer of such data which is not authorized by this Agreement or otherwise in advance by CITY in writing, as to which obligations the indemnification provisions of Section 14A below are specifically agreed to apply.
In the event that this Agreement is terminated for any reason by either Party or upon its expiration, CONTRACTOR agrees to return and transfer all animal licensing data to CITY within ten (10) business days after CITY and CONTRACTOR have agreed to a format that is reasonably acceptable to both Parties and the reimbursement to CONTRACTOR of its reasonable and necessary expenses in connection with such return and transfer. 6