Agenda packet — Beaumont City Council, July 15, 2025 (part 4 of 20)

Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER.

7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California -admitted surety company with an A.M. Best rating of no less than "A, XV" for $2,000,000 per occurrence.

Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured.

8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, expert witness fees and any other costs or expenses of any kind whatsoever, without restriction or limitation, incurred in relation to, as a consequence of, or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit or action is the result of the sole negligence or sole willful misconduct of the CITY.

9. Procedure for Release of Performance Bond Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner:
a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements.

In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the City's acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official.

At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans and specifications for the Improvements, it shall supply a list of all remaining work to be completed. 3

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c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY.
d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work.
e. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion.

10. Procedure for Release of Payment Bond Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment may, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced by Surety to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security may be released in full.

11. Security for One -Year Warranty Period. DEVELOPER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council a 'ainst any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done. furnished, installed, or constructed by DEVELOPER fails to fulfill any of the requirements of this Agreement or the improvement ,plans and specifications referred to herein. DEVELOPER shall without delay and without any cost to CITY. repair or replace or reconstruct any defective or otherwise unsatisfactory- part or parts of the work or structure. Should DEVELOPER fail to act promptly or in accordance with this requirement, DEVELOPER hereby authorizes CITY. at CITY's option. to perform the work twenty (20) days after mailing written notice of default to DEVELOPER and to DEVELOPER's surety. and affees to pav the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before DEVELOPER can be notified. CITY may, in its sole discretion. make the necessary repairs or replacement or perform the necessary work and DEVELOPER shall pay to CITY the cost of such repairs. If no claims have been made under the warranty bond during the warranty period. City shall release the warranty bond. The release procedures described in paragraphs 9 and 10 above shall not apply to any required guarantee and warranty period nor to the amount of the performance bond security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees.

12. Binding, Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns.

13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 4

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14. No Assignment. The DEVELOPER may not assign this Security Agreement, or any part thereof, to another without the prior written consent of the CITY.

15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit.

16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates listed below.

CITY OF BEA NT
By:

Mayor
Date: _C 'Lvr J 12.1)_
Date;
Title:
5 Bryan A. Bergeron
Vice President

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Bond Number: PB03010407120
Premium: $1,601.00 Annually
EXHIBIT "A"

PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities - California LLC, a Delaware limited liability company (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated Sle 4 \e«.acr 1}, 2020, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. 27971-12, which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful perfonnance of said agreement.

NOW, THEREFORE, we, the Principal and Philadelphia Indemnity Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Four Hundred Thousand Two Hundred Forty One and 86/100 dollars ($ 400,241.86 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the agreement or to the work or to the specifications.
[signatures on following page]
6

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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on. Sept.11, 2020.
(Seal)
Philadelphia Indemnity Insurance Company
(Seal)
RSI Communities -California LLC, a Delaware Limited Liability Company

SURETY RRINCIPAL
By: By:

Name: Martha Barreras
Title: Attorney -In -Fact
Address: 19800 MacArthur Blvd. Ste 1250
Irvine CA 92612
Bryan A. Bergeron
ame: Vice President
Title:

By:

Name:

Title:

Address: 4IpC S ')VA-% �\

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 7

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•

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 SEP 11 2020 before me,
}
}
Gina L. Garner, Notary Public
'here anseri name ana tale o) tr,e othceri
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person* whose name(x) is/gn subscribed to the within instrument and acknowledged to me that kg/she/they executed the same in kis/her/their authorized capacity* and that by Jtisiher/timilt signature# on the instrument the person¢si, or the entity upon behalf of which the personi acted, executed the instrument.

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

WITNESS my hand and official seal.
otary Public Signature
(Notary Public Seal)
GINA L. GARNER
Notary Public - California
Orange County
Commission # 2198045
My Comm. Expires May 18, 2021

ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR C'OMP1.F{T1NG EMS I=ORM
This firm cwnplres erith current California statutes regarding nolum wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed. should he completed and attached to the document. Acknuhredgents from other states may be completed jOr documents being sent to that state so hutg ,+s the wording does not require the California notate• ru violate California notary law. • State and County mihnnation must he the State and County where the document stgnetls) pt Iv app;ared hefiwe the natar. public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also he the same date the acknowledgment is completed. • the notary publi u t print his or her name as it appears within his or her commission followed by a comma and then your title ()totary' public). • Print the namefs) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural fens by crossing 01 t' incorect forms ii.e. ltefshe they; is afire ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdoeument recording. • the notary seal impression must be clear and ph,tuemaphrcally t',producible.

Impression must not cover text or lines. If seal impression smudges, re -seal if u sufficient arca permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on life with the office of the county clerk.

Additional information is not required but could help to ensure this acknowledgement is not misused or attached to a different document.

Indicate tide ur type of attached dcument. manager al psage, and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, ('FO, Secretary). • Securely attach ibis (Imminent to the siened document w ith a staple (Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date

CAPACITY CLAIMED BY THE SIGNER
El Individual (s)
fl Corporate Officer
(Title)
❑ Partner(s)
IR1 Attomey-in-Fact
❑ Trustee(s)
❑ Other
•i
•

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PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.

NOONAN, MICHELLE HAASE AND MARTHA BARRERAS OF LOCKTON COMPANIES, LLC its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000.000.00.

This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14s' of November, 2016.

RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it

FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER, 2017. 927
(Seal)
d
-
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 2r day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.

COMMONWEALTH OF PENNSYLVANIA

NOTARIAL SEAL
Mnrgan Knew Notary Pubkc
LavTr Medan rwp.. MonlgnmeryCauNy
MyCCommis(gn Expiras Srpl-25, 2021
•versa .wish=C.w 7.1.V MrTW�Lr
(Notary Seal)
Notary Public:
residing at: Bala Clnavd. PA
My commission expires: September 25, 2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27th day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY.

SEP 112020
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of , 20 1927
Edward Sayago, Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY

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ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
)
) SS.

COUNTY OF ORANGE )
On September 17, 2020 before me, Faith M. Domotor, Notary Public, Date Insert Name and Title of Officer
personally appeared Bryan A. Bergeron
Name(s) of Signer(s)
, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
(Signature of Notary Public)
FAITH M. DOMOTOR
Notary Public • California
_• T Orange County
�`' Commission # 2327202
m• My Comm. Expires May 29, 2024
Place Notary Seal Above

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Bond Number: PB03010407120
Premium: included in performance bond
EXHIBIT "B"

PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and RSI Communities - California LLC, a Delaware limited liability company (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated Stq Nev..ltbe a \} , 20 N whereby Principal agrees to install and complete certain designated public improvements which is hereby incorporated herein and made a part hereof; and
WHEREAS, under the terns of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held finely bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sure of Four* dollars ($400,241.66), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. *Hundred Thousand Two Hundred Forty One and 86/100
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully perforined, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any inanner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
[signatures on following page]
8

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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Sept. 11 , 2020.
(Seal)
Philadelphia Indemnity Insurance Company
SURETY
By:

DI
Name: Martha Barreras
Title: Attorney -In -Fact
(Seal)
RSI Communities -California LLC, a Delaware Limited Liability Company NCIPAL
acne:

Title:

Bryan A. Bergeron
Vice President
Address: 19800 MacArthur Blvd Ste 1250 By:

Irvine CA 92612 Name:

Title:

Address: 'A'tA S 1�o-c �'(� \\\Vr C —N j �'.V-,

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9

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ALL- PURPOSE

State of California }
County of Orange }
On SEP 11 2020 before me,
Gina L. Garner, Notary Public
Here insert name anzf flits orti+e officer'
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person* whose names) is/An subscribed to the within instrument and acknowledged to me that luishe/thoy executed the same in kis/her/their authorized capacity** and that by hisdhertibat signatures on the instrument the person¢, or the entity upon behalf of which the persons 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

ADDITIONAL OPTIONAL INFORMATION
GINA L. GARNER
Notary Public - California
Orange County
Commission # 2198045
My Comm. Expires May 18, 2021
(Notary Public Seal)

DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date

CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
D Corporate Officer
(Title)
❑ Partner(s)
Attorney -in -Fact
p Trustee(s)
❑ Other
INSTRUCTIONS FOR C'O?1PLii'TING TIIIS FORM
This _l irnr cumphes with current California statures regarding notate wording and, tfneeded, should he completed and attached to the document. Acknolwedgents,T-ont other VOWS mat be completed tier dot unions being sent to that stale ao brit; ok the wording dries not require the (.'all nma notary to violate ('ulli,rnta notary /aw. • State and County intimnation must be the State and County where the document stgner(xt pet sonaIly app;ared before the notary public Mr acknowledgment. • Date or notarization must he the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • the notary, public aunt print his or her name as it appears within his tit het commission tutlu.s i d by a comma and then your title tummy public). • Print the nainefs) of document signer(sl who personally appear at the time of notarization.
• Indicate the correct singular or plural fonns by crossing off inco1Tect limns n.c he`she.)they— is :are ) or circling the correct fonns. Failure to correctly indicate this information may lead to rejection of document recording. • the 'warily seal impression must he clear and photographically iepruducible.

Impression must not cover text or fines. If seal impression s'nudges, re -seal if a sufficient area permits. otherwise complete a different acknowledgment form. • Signature of the notary public ;MIA match the signature on file with the office of tho 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, nunmet of page> and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, (.".FO, Secretary). • Securely attach this document to the signed document kith a staple e
i
q
i

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This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November, 2016.

FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27'r' DAY OF OCTOBER, 2017. ..ma�yy -
a
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 27th day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.

COMMONWEALTH OF PENNSYLVANIA
NOIARLAI. SEAL
Mmpan Knapp. Notary Public
Lower Mellon Nip..MomgrwneyC.Mv
bSY Commissar EYPifaa Sept. 25.2021
(Notary Seal)
Notary Public:

M10A,VesCA.N11,19,p re)
residing at: Bala Cynwyd, PA
My commission expires: September 25. 2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27th day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY.

SEP 112020
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 20 Edward Sayago, Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY

Page 398 of 2369 ends

STATE OF CALIFORNIA
)
) SS.

COUNTY OF ORANGE )
On September 17, 2020 before me, Faith M. Domotor, Notary Public, Date
personally appeared Bryan A. Bergeron
Name(s) of Signer(s)
Insert Name and Title of Officer
, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
(Signature of Notary Public)
FAITH M. DOMOTOR
Notary Public - California
�.- Orange County
/a Commission # 2327202
' ' `My Comm. Expires May 29, 2024
Place Notary Seal Above

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Engineer's Signature

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT NO.: Tract 27971-12 Street
DATE: 11 -Aug -20
PP, CUP NO.:

BY: , P.E.

IMPROVEMENTS
FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
Construction Costs)
Streets
Total
Warranty Retension (22.5%)
Street Plan Check Fees =
Street Inspection Fees =
400,241.86
400,241.86
90,054.42
10,006.05
16,009.67

DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding, plan check and inspection costs.

Above amounts do ninclude additional 20% for recordation prior to having signed plans Above amounts do not n include additional 20% for recordation prior to having signed plans 11 AUG 2020
Date
NED J. ARAUJO , P.E
Name typed or printed Civil Engineer's Stamp
FORM $ UNIT COSTS REVISED 01/02/2017
*****PLEASE READ INSTRUCTIONS BELOW*****

1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Construction Cost Worksheet".

2. Show Bond Amounts to the nearest $500.

3. For construction items not covered by the Construction Cost Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont unit costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used.

V120421active120424958101designlcostltract-121Tr.27971-12DagPiNXd9ft.4 g.xls 8/11/2020

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

Tract 27971-12 Street
DATE: 11 -Aug -20

STREET IMPROVEMENTS
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
Roadway Excavation
C.Y.

1. Projects with a grading plan area x 0.50'
(hinge joint to hinge 2oint)(51,748 sf)
$

20.00 $
-

2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fill (f) =
C.Y. (c or f)
(a.) Excavate and Fill
S

0.40 $
C.Y. (f - c)
(b.) Excavate and Export
S

1.10 $
-
(c.) Import and Fill
S

2.80 $
-
If balance, provide (a.) only, either cut or fill
If ex,ort, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
S.F.

Remove A.C. Pavement
$

1.45 $
L.F.

Remove Curb and Gutter
$

18.00 $
-
L.F.

Remove A.C. Dike
$

3.00 $
-
S.F.

Remove Sidewalk
$

3.00 $
-
172
L.F.

Sawcut & Remove Exist. A.C. Pavement
$

2.45 $
421
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
V:120421active120424958101designlcostltract-121Tr. 27971-12 Total CKEYiac7Pst-ZOU8?13aq9

Page 2 ends

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

Tract 27971-12 Street
DATE: 11 -Aug -20
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
L.F.

Remove Chain Link Fence
$ 7.50
$ -
EA.

Remove Barricade
S 200.00
$ -
932
TON
Asphalt Concrete - 144 lbs/cu. Ft.
(51,748 OnSite SF @ 0.25')
$ 90.00
$ 83,880
958
C.Y.

Aggregate Base Class II (51,748 OnSite SF @ 0.50')
S 50.00
$ 47,900
2 TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) (51,748 OnSite SF)
S 600.00
$ 1,200
apply at 0.05 + 0.03 = 0.08 gal/SY
$ -
S.F
AC over_ay (min. 0.10')
If export, provide (a) & (b), a=fill, b=cut-fill
If import, provide (a)&(C), a=cut, c=fill-cut
(Unit costs for (a), (b) & (C) are 20% of
actual costs to assure that work will be
corrected to eliminate hazardous conditions.)
S 0.90
$ -
S.F.

Remove A.C. Pavement
$ 1.45
$ -
L.F.

Curb and Gutter (Wedge Curb)
S 12.00
$ -
2,963
L.F.

Curb and Gutter (Type A-6)
$ 15.00
$ 44,445
L.F.

Curb and Gutter (Type A-8)
S 17.00
$ -
L.F.

Type "C" Curb
S 12.00
$ -
L.F.

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

A.C. Dike (6") (incl. material & labor)
S 10.00
$ -
L.F.

A.C. Dike (8") (incl. Material & labor)
S 15.00
$ -
1,563
S.F.

P.C.C. Cross Gutter and Spandrels
$ 10.00
$ 15,630
17,892
S.F.

P.C.C. Sidewalk
$ 6.00
$ 107,352
SF
P.C.C. Drive Approach
S 8.00
$ -
4 EA.

Handicapped Access Ramp
S 2,000.00
$ 5,000
60 EA.

P.C.C. Drive Approach
(individual lot driveway approach per finished grading plan) $ 12.00
$ 720
S.F.

Cold Plane & Overlay Exist. A.C. Paving
S 4.00
$ -
$
$ -
$ -
V 120421active120424958101designlcostltract-121Tr. 27971-12 PTggtOcgd9ft.4 .xls 8/11/2020

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

Tract 27971-12 Street
DATE: 11 -Aug -20
L
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
2 EA.

Street Name Sign
$ 400.00
$ 800
EA.

Delineators -per Caltrans Std. A73C,
Class 1, Type F
$ 40.00
$ -
EA.

Object Markers - Modified Type F
Delineators, Riverside County
$ 45.00
$ -
L.F.

Barricades
$ 100.00
$ -
L.F.

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

Chain Link Fence (6')
$ 80.00
$ -
L.F.

Remove Fence
$ 4.00
$ -
EA.

Remove Power Pole
$ 1,200.00
$ -
4 EA.

Street Lights (including conduit)
$ 5,000.00
$ 20,000
90 EA.

Street Trees (15 gallon)
$ 150.00
$ 13,500
104
L.F.

Irrigation sleeves
$ 26.00
$ 2,704
EA.

Concrete Bulkhead
$ 200.00
$ -
C.Y.

Structural Reinforced Concrete
$ 400.00
$ -
EA.

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

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

A.C. Overside Drain
$ 800.00
$ -
EA.

Under Sidewalk Drain
$ 2,000.00
$
S.F.

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

Interceptor Drains
$ 6.50
$ -
EA.

Gutter Depression for Curb Opening Catchbasin
$ 1,500.00
$ -
EA.

Access Driveway for Storm Drain at Cul-de-Sac
$ 640.00
$ -
2 EA.
"STOP" Pavement Marking
$ 200.00
$ 400
42 L.F.

Limit Line
$ 2.00
$ 84
2 EA.

RI "STOP SIGN"
$ 250.00
$ 500
2 EA.

W14-1 "DEAD END" Sign
$ 250.00
$ 500
$ -
A.

Subtotal
B. Contingency (15%)
C. Streets/Drainage Total (A + B)
SUBTOTAL =
$ 38,488.00
$ 348,036.40
$ 52,205
$ 400,242

Page 403 of 2369 ends

8/11/2020

CALIMESA
PORTIONS OF THOMAS BROS. PSIS
609, 690, 719 AND 720
200e EDITION

UNDERGROUND STRUCTURES
ALL UNDERGROUND UZJRES. OR STRUCWRES REPORTED BY THE OMB OR OTHERS MO WOE SHOWN ON THE RECORD EXAMINED ARE INDIGIED WITH PER APPROXM4IE LOCATION AND EXTENT. ME OWNER BY ACCEPTING THESE PUNS OR PROCEEDING WlM INFRREAEN. PURSMNT THERETO AGREES TO ASSUME LAW. AND TO HMO UNDERSIGNED FNRMESS FOR ANY DAMAGES. RESULTING FROM THE EXERACE OF UNDERGROUND UILRES OR FTRGCNRES N. REPORTED TO ITC UNOERSICNEO: NOT N.CAPD ON HE PUBLIC RECORDS EXAMINED, 1 LOCATED AT VORANCE WITH RAT REPORTED:

OR SHOWN ON RECORDS EXAMINEE THEE CONLPCTOR IS REWIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECT PEE W1MUTES OR STRUCTURES SHOWN AND MIY OPER UTILITIES OR SRUCNR£B FOUND AT TIE SITE. IT OWL BE ME CONTRACTORS RESPONSIBILITY TO NOTIFY THE OWNERS OF M£ UTILITIES OR STRUCTURES CONCERNED

BEFORE STARING WORK
PROP
NEST
C.L., CA
T.C.

EL
ES
E.P.

C8
AG
OCR
fCR
EVC
MVC
P.F.L.

PRVC
(7319.02)
NNW
LT
RT
RP

PROPOSED
EGSRNC

CENTERLINE
TOP 0 CURB
ROW LE

WISHED SURFACE
EOGf CY PAVEMENT

CAIGI BASIN

ASPINLTE CONCRETE

AGGREGATE BASE

BEGIN CURB RETURN
£NO CURB RETURN

BEGIN VERTICAL CURVE

MIDDLE ERROL CURIE
END AA. CURVE

PONT M REVERSE CURIE

PONT OF COMPOUND CURVE

POINT OF REIERSE MEMO CLEYE

RWPOS ELEVATION

PROPOSED ELEVATION
LEFT
RIGHT
RETURN
WOC MIDDLE OF [�
RP POW

ST STREET

R/W RIGHT OF WAY
0/W WAWA
VERT. CURVE
Po POINT OF INTERSECTION

PR PANT OF VORTICAL INTERSECTION
---------- TRACT BOUNDARY
------- ('ENTER LAVE
DIRECTIONY 2 C �0��14LL
G PROP. STREET LJG4 S

PROP AL
flinenntirl PROP. SIDERHUO

V /////A COLD PUFF & AC OVERLAY

STOP S/ON/SIREET NAME SIGN

SHEET NNE SION

PARK SITE
PARCEL 14

MAGMA COURT
r- TRACT NO 27971-i
TOTE

ALL STREETS TO BEPRNATE WITH

THE EXCEPT TON OF POT RERO
BOULEVARD PO7RERO BOULEVARD
L4 A PUBLIC STREET.

PRIVATE STREETS ARE TO HAVE

PUBLIC UTIL/TYAND EMERGENCY

ACCESS EASEMENTS
LE Epp N,IEVI, THE ACCURArAND
ACCEPTABILITY OF ME DESIGN HEREON. IN THE
Drfrga NECIEg ARI6ING AFTER 01
NOTE

WORK CONTAINED WI THESE PLANS SHALT

NOT COMMENCE UNTIIH AN ENCROACHMENT

PERMIT AND/OR A GRADING PERMIT HAS
BEEN ISSUED.

PROP. U!/LIIY XlNG S[££HS
!J 4'P�C�SY SIBS

PRIME STREET RIGHT OF WWY

PARASITE
PARCEL 19
TRACT NO. 27971-8
TRACT NO 27971-2

LEGAL DESCRIPTION
BEND 4 PDRION OF rRACI(M4L SECTION 6. 10WNSNIP J SOUP, RANGE r WEST, STN B£F CALIFORNIA.W MER OWV, IN 1H£ CUT/ OF BUUMONT GOINTY OP RIVERSIDE,

STATE OF CAU
V ECL ARA T/ON OF RESPONSIBLE CHARGE"

I HEREBY DECLARE THAI I AM THE ENGINEER OF WORK FOR THIS

PROJECT, MAIM HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE

BUSINESS AND PROFESSIONS CODE FWD MATT, DESIGN IS
CONSISTENT WITH CURRENT STANDARDS. I UNDERSTAND THAT THE CHECK Of PROJECT DRAWINGS AND SPECIFICATIONS BY THE CRY F

BEAUMONT DOES NOT RELIEVE ME AS ENGINEER OF WORK OF MY

RESPONSIBILITIES FOR PROJECT DESIGN,
FyRM STANT£C
ADDRESS' 735 E MRNEGIE OR, IMO
oreSr: SAN BERNARDINO. CA 92405
TELEPFNN£ 409-255-8207
LIN:
(NED AWL, R.5.15)
D9>L 11 AUG 2020

CITY OF BEAUMONT, CALIFORNIA

STREET IMPROVEMENT PLANS
TRACT NO. 27971-12
SAN TIMAj 17 CREEK

PARKWAY NORTH

HEARTLAND
TRACT NO 27971-7
A.v
TRACTI7O 27971-4
TRACT NO, 27971-3
PREPARED BY:

C
IKD ADA 11 •M'C 5781

LOCATION MAP
TRACT NO 27971-9
4"1 -
TRACT NO 279716
PRO I WEDGE.
iRAC'1 2 s 1-i2
TRACT NO. 27971-10 iT--
LaFNSM`rR6,..aT .l,-

PARASITE
PARCEL 19
_1 7

EMCOI/RTE
TRACT NO 27971-11

DENVER CUNT

PARKSITE
PARCEL 20

COMMERCIAL
PARCEL 13
NEW APPROVED STREET NAME WEL.

OLD STREET NAME VICTORIA

APPLICANT/SUBDMDER,
J,, ,p„PA.
'119 MG1HFBHA4
u) 2 ]
-INKY-IA4.8611.4.14s'6Al-

STFEET IMPROVEMENT NOTES
I. PE CONIUCTOR .SHALL BE RESPONSBLE FOR M£ CLEARING O£ ME PROPOSED PORK AREA AND RELOCATION COSTS T NOON CRY OF YTS CONSIRUCTIMt SCHEDULE AT LEAST.Ie HOURS PRIOR TO BEGINNING OF ]AARON AT (951) 769-8510.
2 ALL WORN SHALL CONFORM M TM R£OUN£NENTS OF THE STANDARD P1ANS FOR PUBLIC WORKS CONSRUCTXIN.

VEST LW.. AND ME OVERSEE COUNTY TRANSPORTATION OMARIMENT IMPROVEMENT SrAAC4R05 AND SPECFC4PONS 'DATEsr ETN10N,' COUNTY OROVMNCE Ms. 461 AND SUBSYDUENr AMENDMENT J ALL LNDEAGRWND FACILIT ES. WITH LATERALS SHALL BE IN PLACE PRIOR TO PAVING UHF STREET BECTON INCLUDENG, BUT NOT EMITTED TO, ME FOLLOW. SEWER WATER, ELECTRIC, CAS, ARO STORM DRAIN. (; IT .SHOE BE THE RESPoNSBILITY OF ME CONIR4CTOR OR OE7420PER ro INSTALL AND AWNTAN ALL CONSTRUCTION.

REGULATORS GUIDE MO WARNING SACNS RIM PIE PRGIECT OAR AND VTR SURROUNGNGS TO PROVIDE SATE PASSAGE FOR £ ]RARIING PUPoIC AND WORKERS UN. THE OVAL COMPLETION AND ACCEPTANCE. OF THE PR..,T BY THE COUNTY.
5 ANY PRIVATE DRAINAGE ACILITES SHORN ON THESE PLANS ARE FUR INFORMATION OMY. BY SYDNNC THESE /MPROKAIfNT PLANS NO REVIEW OR APPROVAL OF MESE PRIVATE FACILITES IS IMPLIED OR INTENDED BY CITY OP

BEAUMONT PUBLIC ORBS DEPARTMENT

6. IT .SFNLL HE THE RESFWVSE/UTY OF THE DOELOPEVOINVM OR CONTRACTUR TO WRAY )0 ME CITY OF BENNO.

WRKS (XPARTAENT ACC SECTION, FOR AN ENCROACHMENT PERMIT FOP AIL WORK &SFACTA&D WENIN PUNIC R/GT-OF-WAY. UN/CAT£U AND ACCEPTED FOR PUBLIC USE AND TO BE RESPC.ELf FDR SADSFACTORY COMPLIANCE FOR ALL CURRENT ENVEONMENTAL R£GUVATLONS DURING NE DEE OF COLDSRIK7JON AMORE FOR RE FREE.

ADOITAAWL STUDIES AND/OR PERMIT MAY GE REWIRED.
7 PE DEVNOPER Wu INSTALL SEWN NAME SEAS CONFORM. TO RCM WNW. M. 816.

8. ALL SLEET SECTIONS ARE RN/AIV£ .N(NANNL SOIL TESTS SHILL BE TAKEN AFTER ROUGH GRADING TO DEERMIIY£ P£ EXACT STREET SECTION REOIREAIEN7S USE STANDARD N0. 401 IF EXPANSIVE SOL ARE ENCDOVIEwD. 9 TT SHALL OfPE RESPONSE,. D£ THE OUNIY R TO NOTIFY PIE MOVE. TO NSTALL STREET C£NI£R(MY MONUMENTS AS REWIRED BY RIVERSIDE COM. ORDNANCE . 461.

10. ASPHALTIC EMULSION (LAC SEAL) SHALL BE AP LIED NOT LEA IAN FOURTEEN DAYS FOLLOWING PLACEMENT OF THE ASPHALT SURFACING FOG SPA[ AND PAINT BINDER SHALL BE APPLIED AT A RATE OF 0.05 AND 0.03 GALLON PER SWAM YARD Rf3PECIVELY. ASP... EMULSION STALL CONFORM TO ERTNN 37, J9 AND 94 OF THE STATE SAND SP.RIAIONS
T. AS DETERMINED BY M£ PUBLIC WORKS DIRECTOR TH£ DEVELOPER IS RESPONSIBLE As A MN/MUM FOR R 45 IMPROVEMENTS TO CENTERLINE,, AND MAY Bf REQUIRED TO RECONSTRUCT EMSTTNC PAVEMENT, INCLUONC BAS£, AND AMC. OVERLAY REWIRED TO MEET PE STRUCTURAL STANDARDS FOR THE CURRENT ASSIGNED MOTE FNOEX.

12. CONSTRUCTION PRP/ECIS USIURBINC MERE INN ONE ACRE MUST OBTAN A N4IONAL POLLUTANT D/SCHMGE ELIMINATE. SYSTEM (NOES) PERMIT OWNf15/OMZOP£RS ARE REWIRED TO HLE A NOIC£ Of INTENT (NEE MM

THE STATE WATER &(SOURCES CONTROL BOARD (SNRCB), PREPARE A STOW WATER PBLNION PREVENTION PUN (SWPPP) AND MONIORIAG PLAN FOR PC SITE
!J. THE DEVELOPER WALL BE RESPONSE.£ FOR THE INSTALLATION D7N h&4L SIOVEMD MOW.TO

NOT INCLUDED
N ME SEW AND SER.. PLAN WREN THE PROJECT AREAS. OR ON R HIS DBW AC£NT TO THE PROJECT
BOUNDARIES. UPON TIE RFOUES& OF 11E DIRECTOR OF PUBLIC WORKS OR HIS OfSGNEE TO IMPROVE TRAWL SOFTY ON PE ROADS UNDER ME JURISOCIXN OE TIE DNEZOPER.

14. EXISTING STORM DRAIN PIES / LYLVERTS OWWEPER TO Be CONNECTED 70, COMMA IWUSTED, DRONED TA OR JUST IN TIE PROJECT NCNIY) MUST BE.REPANED, AND/OR CLEANED TO MAKE IBM FUNCTIONAL AND ACCEPT

AS DIRECTED BY PE RUC WORKS DOIARTIENT
a ALL STORM OR&N WEN WENS AND STORM WATER. RUNOFF SRUCNRM WILL BE PROVED RAM ADE&U&E CAPABIURES TO F21£R AAD RETAIN .SEDIMENT AND GRIT, 04 AND CREASE. TO PREVENT POLLUTION IN STORM WAIEP VNaT N COMPLIANCE W. THE C. OF B..UA.ONTS BEST MANAGEMENT PRACI.S AND THE BEAUMONT DRAINAGE 4MSTER PLAN FOR STEM WATER AS WELL AS BEST MANAGEMENT PRACTICES10.1IMED N ME CURRENT REWIRE OF WASTE DISCHARGE FAR ROWSLLY COUNTY PERAMREEs

16. DEL£LOPER SHALL BE ALLY RESPONSIBLE IN ASSURING NAT PROPOSED IMPROVEMENTS CONFORM TO RE APPROVED PLANS

SPEPOOTIONS AND MY OF BFALIMONT STANDARDS WERE D ATNNS G'TST, DEVEOPER SHILL PROPOSE CORRECTIVE

MEASURES FOR RENEW AND APPROVAL BY ME CITY
17 ME ONELOPER SHALL HAVE GEOT£CHNICA(/SOILS EWER. FIRM WERE TRENCHING BACKF.LING, AND SOIL COMPACTION OF ALL L MY R£NCHES WHIN USEMENIS AND ROAD RIGHT W MO TWO SETS OF COMPACON REPORTS CERPOIINC PAT WINKS WERE 054E N CONFORAHNC£ TO STANDARDS AND C£OTEGN/E REPORT SHALL BE SMUTTED AMR EACH WORKS TRENCH TS COMKETFO AND CERTIFIED. COMPACIISE REPORT MUST BE CW OTED TO TIE DEPARTMENT OF PUBLIC WORKS' AT LEAST IOO WORDING LAYS BEM. AGGPEG47£ BASE MATERIALS ARE PUG. ONSIL. 24 HOUR EMERGENCY CONTACT
DIEM

61.6...-6411611611131,661.1
MP

WM DEVELOPMENT - DARREN BOLTON

RSI O ACART TES -CALIFORNIA LL
4695 MACARTHUR COURT, FLOOR 8
NEWPORT BEACH, CA 92660-1682
MOBILE: (951) 704-5503
EMAIL: DBOLTONOTAYLORMORRISON,COM
WWW.TAHLORMORRISON.COM

CLIVEWOOO-TAYLOR MORRISON

RSI COMMUNITIES-CALIFORN/A, LL
4695 MACARTHUR COURT, EMIR 8
NEWPORT BEACH, WEORNM 92660-1882
OM) 503-5961

BRYAN BERGERON
S12W1'KSAID OWE. ARMCO WE Of fWEDADV 1MCTED GYY
ANTE D91(WIY1X4Th W AffORMI/FED
E
an
OF
ARSCITOV.M RE GM
iWERES AND STREW7CS E AMA.. MR2 Yk
RE,0i/a.Sd07£0 @TRW ATF6t0 BY PEftBK' RCIAS
]K Rolr IL Fiater4115121, OF PEATMMD FLYS
.SAYRFS MO TORCS,4 6PD
N
WI A0 O OAR MWA AMP PAW WE

AS-BUIL T

MIDIX OF SHEETS
SHEET 1 - TITLE SHEET-INOEr MCP-NCINIX AMP -GENERAL MOILS SHEET 2 - CWJSRMPON NOES, DANniES - RACAL SEC..

SHf£T J - BELLIGHAM COURT STA 10+OJ00 TO STA, 17460.p9
SHEET 4 - PROVIDENCE RA . IMO,. TO s A 16+8544
SHEET 5 - SIGHING A STRIP.

WET 6 - SNAILS
Know whers below.

CaII before you dig.

BASIS OF BEARINGS:

DESTHEBASISOF COORDINATESFOR
MIS MAP IS PLANE A 6

THE CALIFORNIAA STATE
ZONE 6, BASED LOU, LT ON
CONTROL STAPONS "REST" AND
'RABBIY.

BEARING: N 27:3952" E
BENCHMARK. NCHMM.w
C A 4R WI xE Lbury� CAF FMRSIOE. 21
OEFICE BEAUMONT, RIVERS. DOM, AT A FMNT WHO.

THE207H.R..,
0, !6 PASSES
I E U& oTHROUGH HIHWAY EperiE�sls STATION
0: FENCE. 16 _
AN la FEE9E1. OF R WEST DEo. DIGHHPo S.0 #826632. FENCEWAY A STANDARD

STAMPED CONCRETE
56P061PROJECTING as FEET MOLE G1muxO
LIFDATEDDEGLIIMENCFENCOMI C.160.310
UPDA119320ICURBERDIENCICCNTACT
7/9/90
7/2/20
DATE
Stantec
AUG 2020

REVISIONS
alp BY:
alp

DIKED BT,

JOB NUMBER
2041.5.0
Reviewed By DoteDotei
0,,,,00/0312021
Recommended Dar a . D
pp D.D, BY:

CITY OF BEAUMONT, CALIFORNIA
CRY OF PIONEERING ONUMONT. PUBLIC WORKS DEPARTMENT
Um®+r<roUm eu

PRIVATE STREET IMPROVEMENT PLANS
TRACT 27971-12

TITLE SHEET - INDEX MAP

VICINITY MAP - GENERAL NOTES
SHEET
1 OF 6 SHEETS
DNA.. NAM:
fPt RSI COMMUNITIES -CALIFORNIA, LLC
Fl. N6'3239A

Page 404 of 2369 ends

4 15
16 664 II I�I 17,
63 62
60 2
5 58
57 III I 25
27 23 I
24 (PRIVATE) CASTELLO LANE
SHEET4

PROVIDENCE COURT
I

CORNING
k S0CAT/Dw0Rl0P`�
iR°Acr zT9Ti�D
AY
SHEET

DELL/NS//AM COURT
�I 12 3 .1 5 6
I
61 I In 34 304 5
R�FEW0NsieiE FNORNASSS,Ar iNTxE u7,VAZ
ONENEPTTSTI LLL OF HE GE IMNRSINEREBriro l0TTTHEPRIVATE MIONEER SHALL RE RESPONSIBLE FOR NOT

COMMENCE UNTIL
UNTIL All ENCROACHMENTWORK CONTAINED WHIN THESE PLANS
BEEN ISSUED.

FR NTOI STREET
SOUNISRI\
I n,yL TNJ 1)05.' I. I I
F I 10
11 /2
3 -0- INDEX MAP
q SCALE- I =100'

BUCCELLA LANE
20 19
18 4
17 15
16 CITY OF BEAUMONT, CALIFORNIA

STREET IMPROVEMENT PLANS
TRACT NO. 27971-12

POTRERO BOULEVARD
J
R
REMOVE EXIST A0 &MAIM AC

PAIR -MEW AS NECESSARY TO

CO SIRUCT CROSS GUTTER
PS:POSED
MREET-
1; PAVEMENT ANDAC BERM REMOVAL
NTS

EXST AC RAYING
TYPICAL 56 SECTION
acs.

BELLINGHAN1COL/RTAND PROV/DENLECOURT
MODRED VERS800/ COOT0.105 SECTAINA
T/. = 5.5, 025' A.O. N4/SEAL 01/E OVER A5O' AR CL -2
MEIN Iv. V _
AHUE ]O
TYPICAL SECTION - HOMESTEAD WAY (66RIM
(FOR REFERENCE ONLY SEE INFPA.STRL/C2RE STREET MWROVEMENT PLANS FOR MORE IMORMAVON) R/W
JOINT MLR.
]REACH /AOATST
TRENDSTSO)nrob
OMRICT
STREET LIME d H45E�
8"
[DENT
IN
FEMME
CONSTRUCTION NOTES AND ESTIMATED OUANTI7IES ITEM
TOTAL
51;746 SF.
295J L.E
17,892 SF.
® M✓STALL OLCR0I MA✓£ SIGN PER RINDMV£ COMM STD NO. 815 Z G, OS INSTALL 014-1 TEAR ENO. STREET SIGN PER MDT,CO, CA SUPPLEMENT, 2 EA © CONSTRICT CODS RAMP (CASE Of KR DETAIL ON SHEET 6 4 EA, CONSTRUCT CROSS -BUTTER PER COUNTY OF CR555/DE STAN0010 N0, 200 1,561 SF 4 E4,
( COM,R/CT 3"AC. 0105 6° CLASS II AD PER OEORECN RECOMMENUMAIS o CONSTRUCT nos -A-6 CURB PM COMFY OS RISRSIDE STAND NW 220 QJ CONSTRICT SOf0At5 PLO COUNTY OF RIVERSIDE STANDARD PLAN ND 801.

PFIVNLT£SS ElY IIGHiaza PEIR SEVAINRAICl ,zo 400 PERM,°NAPPFOVAL CMS T RESS ARIAL CO/CO W1Y PER R 60 STD. ND 207.
@ INSTALL RT-1 STOP SICK" PER CALIFARNS MUTED.

O APPLY THERMOPLASTIC WHITE LIM LINE PER MU 000., C4 SUPPLEMENT TIC, J6-103 !OS APPLY RHERMORASRC STOP" PAHNEM AAIRNIM PER LISTED, CA SUPPLEMENT, PC. J0-2£004) MAW /TAND REMOVE SAWING PAKLENT AND AC DEW PER DETAIL ON SHEET 2.

Z3 B,CAiwa.9fFES(„ DADS MAO DABS NS PPE MORT MOOR NOIH�':.

SEARS LLLXRM A WAN OF IMPSMODH/OTMOT M4A£MEWSINNWING 05000 9OS AWff PERMED IB AFFABLE L s GP OWNER RE MIS
C SELVES Si. SE CARM HNO-IIGHT UM BMX IS .0. ALL saYR s0L. ME 80 SR/ W M
WOES (7 rO6 - TIER.IwWUEL 5EEKs SAL AUX. AV. MODES SAL
W IFS R A IIp DR I35 r 3/5)RR 4 /4, Ab �W DREAM WWD LTC IMO NR21 '200)303 a REsBESSSC DUALSADDEMTo�PAW24A P33AlPAM 1DAVE (MESS DINERIME NOTED)
NORTH SIDE OR EAST SIDE 5001101 SIDE 0R REST SIDE
POE AND o.TCR-,c r ACCESS EASEm✓T
28 COUNTY OF RIVERSIDE

UNDERGROUND

UTILITY LOCATIONS
STANDARD NO. 817
MNee.vom.rm INVS /WM J

AS BUIL T
RAM
60 £A
2 EA,
42 L.F.
2 EA,
172 L.F.
104 L

ARE HYDRANT

I (LOUIE PRE WOWS'
IN I STAB o 50A�
ORS 685 SEC901)
gNT ORLIAES

TRENCH, (ALVUST
WW1 TO AM
CONFLICTS).

NOTE'

ALL STREETS TO BE PRIVATE WITH

THE EXCEPTION OF POTRERO
BOULEVARD. POTRERO BOULEVARD
ISA PUBLIC STREET.

PRNATE STREETS ARE TO HAVE

PUBLIC UTC/TYAND EMERGENCY

ACCESS EASEMENTS
Know what's below.

Call before you dig.

BASIS OF BEARINGS:

DESCRIPTIONR
THE Ass OF COORD HATES FOR
THIS MAP IS 1HE C LTORN A STATE
PLANE COORDINATE YSTEK 198]
ZONE 6, BASED LOCALLY ON

CONTROL STATIONS 'REST' AND
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BEARING' N 27:19'52'E
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JOB NUMBER

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Reviewed 0/5 Det<'
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Page 407 of 2369 ends

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Page 408 of 2369 ends

GENERAL SIGNAGE/STRIPING NOTES,
I. ALL WORK SWELL BE 0/WE N ACCORDANCE WITH ]NE STANDARD SPEC/FMADONS FOR CE/MAC WORKS CONSRUCTXM! LATEST EDITION, AND RIVERS/OE COUNTY STAND44D PLANS. .TEST EO//XTN H AF/£R K/N/Ntu ro 0.5 THE S) OA,PD SPECYFICADONS AND STANDARD PLANS UNLESS OTHERWISE S40IFIE0
2 SNE/SC SHETS RAISED PAM.. WORKERS AND SIGNS, ( CEPS PAS LEGENDS), S.1 COMEX WITH IHE 2003 MANUAL00/C CO..(MU>O) ANOMIE 1003 MIT. G[IFOFNO UNIFORM TRAP.TRA CO 3 PAVEMENT L£Cb AS SMI/L COCKY MATCH THE CITY OF BGUMOST STANDARD STENCILS 4 P PROM.S MARKERS SHALL CONFORM TO TE PRO ONS IN SECT,ON

8.5 OF THE STARS STANDARD SPECISCATIONS, FNIT[0 PAVEMENT S ADHESIVE FOR PAVEMENT MARKERS SD. CONFORM TO DIE PRONS/OHS " 0V5 /I0N
R OF .TRANS STANDARD SPECIF TIONS %LILY 20 2 EDIT )
DOM. RAPID Al EPDXY ADHESIVE FOR POS CE, MARKERS"

5. THERMOPLASTIC TRAM.STRIPES AND MARKINGS SHALL CONFORM TO RE SECT. 8A2-2. STEM ENERDPLASTO TRAFFIC STRIPES AND PAVEMENT MARKINGS; AS SPECKED N OB.. SANDARD PECISCAT/ONS
(JULY 2002 EDRIONI
6 AU TR FFTH SWING PAVEMENT LEGENDS AND RAISED AVEMENT
EAT

T CONFLICT OR CONFUSE RO/I/S AS A RESULT OF E NEWLY
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2 DEBRIS FP., REMOVAL OPERATIONS SHALL BE WNW. NRTNN TILE WORK AREA AND FIVE CONTRACTOR SHALL TAKE PRELAUF/OHS NECESSNtr /0 PROTECT PERSONS AND PROPERY ADJACENT TO E .8917LASING
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B SCARRED PAVEMENT SURFACES RESULDNG FROM REMOVAL OPERATIONS SHALL DE SEALED RIR/ ASPHALT PAINT CONFORMING TO MGM 203-8 OF THE TAN 0 S SPECTl1GOAVS. SCARRED AREAS RESULTING MGDIA WOW OR GRAPHIC LEGEND REMOVAL STALL BE FULLY COVERED AN ASP.TIC LT

PANTED SOUAK OR PECANGULAR SNARE THAT COMPLETELC/F/ Y OBLITEPES THE

ED LEGEND FORM
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Page 410 of 2369 ends

BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE: July 15, 2025
SUBJECT: Improvement Agreement and Security
Description Accept Security Agreement and Performance and Payment Bonds for Tract Map No. 31462-23 and 31462-26 for street, sewer, and storm drain improvements.

Background and Analysis:

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

Tract Map No. 31462-23 and 31462-26 Fairway Canyon
DR Horton Los Angeles Holding Company, Inc. (DR Horton) has acquired Tract Map Nos. 31462-23 and 31462-26 (Tracts) from SDC Fairway Canyon, LLC (SDC).

Subsequently, DR Horton proposes providing security for public improvements associated with the Tracts and relieving SDC from its former security obligation Table No. 1 provides a summary of bonds that are recommended to be accepted and exonerated. The summary includes the project, original bond number, replacement bond number, improvement type, and Public Works plan number. For each item, the principal, DR Horton, has provided a security agreement and security in the form of a bond for the public improvements. The agreement has been reviewed by staff and found to be consistent with the Beaumont Municipal Code.

Page 411 of 2369 ends

SITE LOCATION
A
I'V

VICINITY MAP
Figure 1- Vicinity Map for TR 31462-23
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Cherry Vauey Blvd
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Menorlal Gordens
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Figure 2- Vicinity Map for TR 31462- 26
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C3eaumont A

BEAUMONT

Page 412 of 2369 ends

DR Horton Los Angeles Holding Company, Inc. (DR Horton), is proposing to construct all street, sewer, and storm drain improvement work associated with the following improvements:
• Public Works No. 2025-0205, as shown on City File No. 3363, under bond number 9473418 for TR 31462-23.
• Public Works No. 2025-0206, as shown on City File No.3402, under bond number 9473416 for TR 31462-23.
• Public Works No. 2025-0207, as shown on City File No. 3398, under bond number 9473417 for TR 31462-23.
• Public Works No. 2025-0208, as shown on City File No. 3407, under bond number 9473421 for TR 31462-26.
• Public Works No. 2025-0209, as shown on City File No. 3421, under bond number 9473419 for TR 31462-26.
• Public Works No. 2025-0210, as shown on City File No. 3395, under bond number 9473420 for TR 31462-26.

DR Horton Los Angeles Holding Company, Inc. (DR Horton) has provided a security agreement and security in the form of a bond for public improvements. The agreement has been reviewed by staff and found to be consistent with the Beaumont Municipal Code. The following table is a summary of the securities.

Table No. 1 - Summary of bonds recommended to be accepted.

PROJECT
Original Bond
Number (to be
Exonerated)
Replacement
Bond Number
(to be Accepted)
Type of
Improvement
Plan Number
Tract Map
No. 31462-23
30148212
9473418
Street
3363
Tract Map
No. 31462-23
30148217
9473416
Sewer
3402
Tract Map
No. 31462-23
30148221
9473417
Storm Drain
3398
Tract Map
No. 31462-26
30152512
9473421
Street
3407
Tract Map
No. 31462-26
30152513
9473419
Sewer
3421
Tract Map
No. 31462-26
30152511
9473420
Storm Drain
3395

Page 413 of 2369 ends

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

Fiscal Impact:

The cost of preparing the staff report is estimated to be $350.

The developer maintains all associated improvements during the construction and maintenance period. The City is not liable for public improvement maintenance until the public improvements are accepted into the City's publicly maintained system.

Recommended Action:

Accept the Security Agreement and Performance and Payment Bonds for (Project / Bond Number / Improvement):
• Tract Map No. 31462-23 / 9473418 / Street
• Tract Map No. 31462-23 / 9473416 / Sewer
• Tract Map No. 31462-23 / 9473417 / Storm Drain
• Tract Map No. 31462-26 / 9473421 / Street
• Tract Map No. 31462-26 / 9473419 / Sewer
• Tract Map No. 31462-26 / 9473420 / Storm Drain
Authorize Staff to issue a Bond Exoneration Letter for Performance and Payment Bonds for (Project / Bond Number / Improvement):
• Tract Map No. 31462-23 / 30148212 / Street
• Tract Map No. 31462-23 / 30148217 / Sewer
• Tract Map No. 31462-23 / 30148221 / Storm Drain
• Tract Map No. 31462-26 / 30152512 / Street
• Tract Map No. 31462-26 / 30152513 / Sewer
• Tract Map No. 31462-26 / 30152511 / Storm Drain
Attachments:

A. PW2025-0205 - Street Bond # 9473418 Replacement Package B. PW2025-0206 - Sewer Bond # 9473416 Replacement Package C. PW2025-0207 - Storm Drain Bond # 9473417 Replacement Package D. PW2025-0208 - Street Bond # 9473421 Replacement Package E. PW2025-0209 - Sewer Bond # 9473419 Replacement Package F. PW2025-0210 - Storm Drain Bond # 9473420 Replacement Package

Page 414 of 2369 ends

BEAUMONT
-CALIFORNIA--
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.beaumontca.gov
Case No. PW2025-0205
Receipt No. R01648876
Fee $ 725.00
Date Paid 4/22/2025

BOND EXONERATION APPLICATION
[REPLACEMENT OF BOND - NOT EXONERATION1
Bond Type: ©Performance [Maintenance [Final Monument Inspection ❑Other:

1. Contact's Name Jesse Mudd
Phone 951-415-2974

2. Contact's Address 980 Montecito Drive, Suite 300 Corona CA 92879 City/State/Zip

5. Contact's [email protected]

3. Developer Name D. R. Horton Los Angeles Holding Company, Inc. Phone 951-415-2974 (If corporation or partnership application must include names of principal officers or partners)

4. Developer Address 980 Montecito Drive, Suite 300 Corona CA 92879 City/St/Zip

5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):

Bond No. 30'/82 2 / TR 3' /62-23 / Street Improvements
New Bond #: 9473418

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.

Jesse Mudd 3/17/2025
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.

Print Name and Sign — Contact/Applicant Date

Page 415 of 2369 ends

8. eveloper/Contractor has completed all the following items prior to requesting release or has uded them in the application.
• Remo . nd replace concrete and AC as needed where lifting. • Provide AC k fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slu coat for all road surfaces.
• Restore/Verify pavemen , , . i • ing/markings.
• Restore/Verify blue dots and si_ ' ..e as needed.
• Clean and camera sewer. Provide rep • ..nd video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade -thin Right -of -Way. • Provide Landscape Architects Certification as required.

Print Name and Sign — Contact/Applicant : c

Page 416 of 2369 ends

RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

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

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL MAP NO. 31462-23
DATE OF AGREEMENT: April 15th, 2025
NAME OF SUBDIVIDER: DR. Horton Los Angeles Holding Company, Inc. , a California Corporation . (hereinafter referred to as "Subdivider").

NAME/NUMBER OF DEVELOPMENT:
55 residential
PA22B
subdivision consisting of
, originally approved on
lots,
and Tentative Tract/Parcel 31462 ("Tract/Parcel" or
"Tentative Tract/Parcel Map") , originally approved on: September 8th, 2016 •

FINAL TRACT/PARCEL MAP
RECORDED ON 12/27/2022
31462-23 APPROVED ON
AS INSTRUMENT NUMBER 2022-0513448
("Final Tract Map/Final Parcel Map").

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

EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ 416,717.40
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
$
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 9473418 - PA 22B Street Improvements
LETTER OF CREDIT NUMBERS:

FINANCIAL INSTITUTION:

Page 1 of 19 ends

Page 417 of 2369 ends

THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as "City"), and O.R. Horton Los Angeles Holding Company, Inc. ' a California Corporation (hereinafter referred to as "Subdivider"). City and Subdivider are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".

RECITALS
A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property").

B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City subdivision laws and codes.

D. In consideration of the approval of a final map by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws.

E. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works ("City Engineer"). The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer.

F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit "B" and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B".

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G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract/Parcel intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".

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

1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement.
(c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational.
(d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all rights -of -way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances.

Subdivider's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development. (f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.

Page 3 of 19 ends

Page 419 of 2369 ends

2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) 416,717.40 and 00/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100`)/0 of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) 416,717.40 and 00/100 DOLLARS ($XXX,XXX.XX) to
secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100°/o) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement. (iv) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or

Page 4 of 19 ends

Page 420 of 2369 ends

referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released.
(c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts. (d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.

Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.

4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the

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drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City.

Said changes, if any, shall be confined to the Property.

5. Reserved.

6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation.
(b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.

Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Subdivider's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdivider's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the Improvements.

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7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final completion and certification of all Private Improvements and Public Improvements. Partial releases may be permitted subject to the provisions of Subsections (a)(i) and (a)(ii) hereof. Upon final completion of the Public and Private Improvements under this Agreement, and after City Council acceptance/certification, the City shall file a Notice of Completion in accordance with the California Civil Code.
(i) The City Engineer may release a portion of the Performance Security, as work on the Improvements progresses, upon written application thereof by the Subdivider; provided, however, that no such release shall be considered by City for an amount less the cost estimate of the remaining work does not exceed twenty percent (20%) or less of the estimate of the total amount of work to be done as shown in Exhibit "B". Upon approval of a partial release or the reduction of Performance Security, the City shall not reduce such Performance Security to an amount less than two hundred percent (200%) of the value of the work remaining to be done. City and Subdivider agree that not more than two requests for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance/certification of the Improvements by the City.
(ii) In no event shall the City Engineer authorize a release or reduction of the Performance Security which would reduce such security to an amount below that required to guarantee the completion of the Improvements and any other obligations imposed upon Subdivider by this Agreement.
(iii) No partial reduction or release of the Performance Security shall constitute or be construed as the City's acceptance or certification of any Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described in Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Labor & Materials Security and to cover related legal costs. The balance shall be released upon the settlement of all claims and obligations for which the Labor & Materials Security was given. If no claims or liens have been filed and no notice has been given to City within said ninety (90) day period, then the Labor & Materials Security shall be released in full. (c) The Warranty Security shall not be released until after the expiration of the one-year (1 -year) warranty period and until any claims filed during the warranty period have been settled. As provided in Section 11, below, the warranty period shall not commence until final acceptance/certification of the Improvements and related work by the City Council.

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(d) The Monumentation Security may be released in full by the City Engineer in accordance with the terms of the separate monument agreement with the City, or if there is none, upon submittal of the following:
(i) a written certification from the professional engineer or surveyor responsible for setting the monuments stating that all the final monuments for the Subdivision have been set in accordance with the Professional Land Surveyors Act and the Subdivision Map Act, and that the professional engineer or surveyor has been paid in full by Subdivider for such services; and
(ii) centerline tie sheets prepared in a manner acceptable to the City Engineer showing the locations of centerline monuments in existing public or private streets; and
(iii) any Record of Survey required by this Agreement has been filed with the County of Riverside and recorded.
(e) The City may retain from any Improvement Securities released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.

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

Subdivider shall replace or repair or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public or private improvement.

9. Permits. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.

10. Notice of Breach/Default of Subdivider.
(a) Default of Subdivider shall include, but not be limited to: (1) Subdivider's failure to timely complete construction of the Improvements; (2) Subdivider's unwarranted failure to timely cure any defect in the Improvements; (3) Subdivider's failure to perform substantial construction work for a period of twenty (20) consecutive calendar days after commencement of the work; (4) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action against the

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Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (6) Subdivider's failure to keep the Improvement Securities in full force and effect; (7) Subdivider's failure to notify the City of any sale, transfer or other disposition of the Property to a purported new Subdivider; (8) Subdivider's failure to maintain insurance; or (9) the failure of Subdivider or Subdivider's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement. (b) In the event of any such default, the City Engineer or the City Council may serve written notice to Subdivider specifying in reasonable detail the nature of the default.

Subdivider shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default is not reasonably susceptible to being cured within said thirty (30) days, Subdivider shall have a reasonable period of time to cure the default so long as Subdivider commences to cure the default within said thirty (30) days and diligently prosecutes the cure to completion.
(c) If following service of such written notice of default, Subdivider fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 10(b), above, the City Engineer or the City Council may serve notice of Subdivider's default upon Subdivider and where applicable Subdivider's surety, or the holder(s) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 10(c), above, Subdivider's surety shall have the duty to take over and complete the Improvements and related work required under this Agreement; provided; however, that if the surety, within twenty (20) days after the serving upon it of such notice of default, does not give the City written notice of its intention to take over the construction of said Improvements or does not, within ten (10) days after giving City notice of such election, commence to complete the Improvements, City may take over the work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available to it at law or in equity for Subdivider's default under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Subdivider. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Improvements, and therefore, City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the

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Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans.
(f) Failure of Subdivider to comply with the terms of this Agreement, including but not limited to, construction of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Subdivider's consent to: (1) the filing by City of a notice of violation against all of the lots in the Subdivision; (2) withholding of Building permits, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Subdivider agrees that the choice of remedy or remedies for Subdivider's default or breach shall be in the sole discretion of City.
(g) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.

11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Subdivider shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the Plans, Subdivider shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion.
(b) Should Subdivider fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such work.
(c) Should the City determine that an emergency or a threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Subdivider can be notified, City may, in its sole

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

12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement.

13. In'ury to Improvement Work; Risk of Loss. Until such time as the Public Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Public Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times.

14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other Subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment.

15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Subdivider shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.

16. Vesting of Ownership. Upon acceptance of the Public Improvements and related work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Improvements constructed within the Private streets in the Development shall vest in the name of the City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.

17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, subcontractors or employees in the performance of this Agreement. Subdivider hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with

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Subdivider's operations, or any subcontractor's operations, to be performed under this Agreement for Subdivider's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters.
(c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design.

After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance.

Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Subdivider's Improvement Securities shall not be required to secure Subdivider's obligations under this Section 17.

18. Sale or Disposition of Subdivision; Assignment.
(a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Subdivider may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed

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assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor.
(b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement for work or Improvements performed by Subdivider prior to the novation.

19. Time of the Essence. Time is of the essence in this Agreement.

Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney.
(b) Any such extension may be granted without notice to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension. (c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act of City, or from an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and

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which were not caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Subdivider to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.

21. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City:

Notice to City:

Attn: City Manager
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
With a Copy to: John Pinkney, Esq.

SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
D.R. Horton
Notice to Subdivider: 980 Montecito Dr. Suite 300 Corona, CA 92879 Attn: Jesse Mudd

22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.

23. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.

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24. Insurance.
(a) Subdivider shall, at all times during the construction of the Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Subdivider and its contractors and subcontractors in performance of the work under this Agreement.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury.
(ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease.

In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.
(2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance. (b) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least a A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an

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admitted insurer can be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
(d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations.
(2) Primary Insurance. For any claims related to this project, the Subdivider's insurance coverage shall be primary insurance as respects the City of Beaumont, its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.

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(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non-payment). Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Subdivider and approved by City; nor shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.

Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(h) Higher Limits. If Subdivider maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

25. Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees.

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

27. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.

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of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.

29. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property.
(b) The provisions of Subsection 29(a) notwithstanding, Subdivider shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with the provisions of Section 18 of this Agreement.
(c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto.

30. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Subdivider. The undersigned, on behalf of Subdivider, binds Subdivider, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.

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

Subdivider: City:

D.R. Horton Los Angeles Holding
Company, Inc.

Signature:

Vicki Gullion
Print Name:

Attachments: Exhibit A
Exhibit B
Exhibit C

CITY OF BEAUMONT
a Municipal Corporation
Signature:

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

John Pinkney, City Attorney
APPROVED AS TO CONTENT:

Robert Vestal, Dir. Of Engineering/Public Works
Legal description of Property
Cost estimate(s)
Performance & Payment Bond OR Cash Bond
(Proper Notarization of Subdivider's Signature is required and shall be attached)

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Riverside
on 1/// li/a b
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(s'j whose name(s) is/ate subscribed to the within instrument and acknowledged to me that 44e/she/they executed the same in Ns/her/their authorized capacity(aes), and that by his/her/their signature(. on the instrument the personcs), or the entity upon behalf of which the person(s'} acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature d�o►La�•ot� (Seal)
Not ry Pub is

ASHLEY ARRYANN DONOVAN
COMM #2417574
NOTARY PUBLIC - CALIFORNIA n

RIVERSIDE COUNTY
My Commission Expires September 22, 2026

Page 436 of 2369 ends

Bond No. 9473418
EXHIBIT "A"

PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and D.R. Horton Los Angeles Holding Company, Inc. (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Augusta at the Fairways II TR 31462-23 dated , 20_, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. 31462-23, which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Four Hundred Sixteen Thousand Seven Hundred Seventeen dollars ($ 416,717.40 ) lawful money of the ,and 40/1 0
United tates, or the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
[signatures on following page]
6

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IN WITNESS WHEREOF. this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposit Company of Maryland
SURETY
Name: Noah William Pierce
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.
/,, PRINC PAL
By: /Lief_
Name: \J(C - (Ail (Dh
Title: Attorney -In -Fact Title: ASCi Si-av14"
Address: 1299 ZURICH WAY, 10TH FLOOR By:

SCHAUMBURG, IL 60196 Name:

Title:

Address: 980 Montecito Drive, Suite 300
Corona, CA 92879

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 7

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State of California
County of Riverside
Ong/aoaS
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(,) whose name(0) is/afe subscribed to the within instrument and acknowledged to me that l e/she/they executed the same in his/her/their authorized capacity(ies), and that by hts/her/t.heir signature(g) on the instrument the personcs), or the entity upon behalf of which the person(z) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature - one'uctr--- (Seal)
Nota Public

ASHLEY ARRYANN DONOVAN
COMM #2417574 g
NOTARY PUBLIC - CALIFORNIA n

RIVERSIDE COUNTY
My Commission Expires September 22, 2026

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STATE OF NORTH CAROLINA
COUNTY OF ROWAN:

I, Bryan M Caneschi, a Notary Public in and for Rowan County, North Carolina, do hereby certify that Noah William Pierce personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal this
Notary Seal
Bryan M Caneschi, Notary Public
My Commission Expires on the 4th day of April, 2027.
day of /li(krc
A
a s .

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ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by ROBERT D. MURRAY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John F. THOMAS, Jynell Marie WHITEHEAD, Jennifer B. GULLETT, Catherine THOMPSON, Amy R.

WAUGH, Noah William PIERCE and Andrew M. BENNETT, all of Charlotte, North Carolina, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of August, A.D. 2019.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Assistant Secretary
i f* VolA
sok lope
Vice President
Dawn E. Brown Robert D. Murray
State of Maryland
County of Baltimore
On this 16th day of August, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, ROBERT D.

MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

POA-F 177-0035B
-tyrticJt.o�.c¢. a .

Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023

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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."

CERTIFICATE
[, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of March , 2025
Brian M. Hodges, Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:

Zurich American Insurance Co.

Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056

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Bond No. 9473418
EXHIBIT "B"

PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and D.R. Horton Los Angeles Holding Company, Inc. (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Augusta at the Fairways II TR 31462-23 dated , 20_, whereby Principal agrees to install and complete certain designated public improvements which is hereby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of * dollars ($** ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. * Four Hundred Sixteen Thousand Seven Hundred Seventeen and 40/100 ** $416,717.40 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
[signatures on following page]
8

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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposit Company of Maryland
By:
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.

SURETY PRINCIPAL
I/at
Name: Noah William Pierce
BY: —))(/k-t
Name: V'Cl(-1. (a�' ion
Title: Attorney -In -Fact Title: Ac,SIS-`71n-}- e,c- k -Airy Address: 1299 ZURICH WAY, 10TH FLOOR By:

SCHAUMBURG, IL 60196
Name:

Title:

Address: 980 Montecito Drive, Suite 300
Corona, CA 92879

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9

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State of California
County of Riverside
On 3/I,/ a oa
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person() whose name(,') is/afe- subscribed to the within instrument and acknowledged to me thane/she/they executed the same in his/her/their authorized capacity(ies), and that by #+s/her/their 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.
.».

ASHLEY ARRYANN DONOVAN
COMM #2417574
NOTARY PUBLIC - CALIFORNIA n

RIVERSIDE COUNTY
My Commission Expires September 22.2026
Signature (Seal)
Notary ublic

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STATE OF NORTH CAROLINA
COUNTY OF ROWAN:

Witness my hand and official seal this day of »Ary , '6) Notary Seal
Bryan M Caneschi, Notary Public
My Commission Expires on the 4th day of April, 2027.

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ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Assistant Secretary
Dawn E. Brown Robert D. Murray
Vice President
State of Maryland
County of Baltimore
On this 16th day of August, AD. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, ROBERT D.

MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written.

POA-F 177-00358
�qr .anrR. a . /`.%J✓J.� ..-
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023

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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of March , 2025
Brian M. Hodges, Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:

Zurich American Insurance Co.

Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056

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RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

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

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 31462-26
DATE OF AGREEMENT: March 10, 2022
NAME OF SUBDIVIDER: Meritage Homes of California, Inc., a California Corporation . (hereinafter referred to as "Subdivider").

NAME/NUMBER OF DEVELOPMENT:
77 residential
PA 18 A subdivision
consisting of
, originally approved on
lots,
, and Tentative Tract 31462 ("Tract"
or "Tentative Tract Map") ,
on inall a roved on September 8th, 2016

FINAL TRACT MAP APPROVED ON RECORDED ON
AS INSTRUMENT NUMBER: ("Final Tract Map").

EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ $818,131.85
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
$
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 30152512 - PA 18 A Street Improvements
LETTER OF CREDIT NUMBERS:

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FINANCIAL INSTITUTION:

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

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made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B".

G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".

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

1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement. (c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational. (d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all right-of-way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances. Subdivider's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development.
(f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as

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specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.

2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) $818,131.85 and 00/100 DOLLARS ($XXX,XXX.XX) to
ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) $818,131.85 and 00/100 DOLLARS ($XXX,XXX.XX)
to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100°/0) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement.
(iv_) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary comers, front and rear lot comers and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act.
(b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of

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Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released. (c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts.
(d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.

3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement. Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.

4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that

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revision of the drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City. Said changes, if any, shall be confined to the Property.

5. Reserved.

6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation. (b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.

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permitted subject to the provisions of Subsections (a)(i) and (a)(ii) hereof. Upon final completion of the Public and Private Improvements under this Agreement, and after City Council acceptance/certification, the City shall file a Notice of Completion in accordance with the California Civil Code.
(i) The City Engineer may release a portion of the Performance Security, as work on the Improvements progresses, upon written application thereof by the Subdivider; provided, however, that no such release shall be considered by City for an amount less the cost estimate of the remaining work does not exceed twenty percent (20%) or less of the estimate of the total amount of work to be done as shown in Exhibit "B". Upon approval of a partial release or the reduction of Performance Security, the City shall not reduce such Performance Security to an amount less than two -hundred- percent (200%) of the value of the work remaining to be done. City and Subdivider agree that not more than two requests for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance/certification of the Improvements by the City.
(ii) In no event shall the City Engineer authorize a release or reduction of the Performance Security which would reduce such security to an amount below that required to guarantee the completion of the Improvements and any other obligations imposed upon Subdivider by this Agreement.
(iii) No partial reduction or release of the Performance Security shall constitute or be construed as the City's acceptance or certification of any Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described in Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by theCity
Labor& Materials Securitineer to be y and d to assure r to cove
performance of any other obligations secured by th
related legal costs. The balance shall be released upon the settlement of all claims and obligations for which the Labor & Materials Security h nsaidninety (90) dayperiod, as given. If no claims or liens have then the Laborbeen &
filed and no notice has been given to City w
Materials Security shall be released in full.
(c) The Warranty Security shall not be released until after the expiration of the one-year (1 -year) warranty period and until any claims filed during the warranty period have been settled.

As provided in Section 11, below, the warranty period shall not commence until final acceptance/certification of the Improvements and related work by the City Council.

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(d) The Monumentation Security may be released in full by the City Engineer in accordance with the terms of the separate monument agreement with the City, or if there is none, upon submittal of the following:
(i) a written certification from the professional engineer or surveyor responsible for setting the monuments stating that all the final monuments for the Subdivision have been set in accordance with the Professional Land Surveyors Act and the Subdivision Map Act, and that the professional engineer or surveyor has been paid in full by Subdivider for such services; and
(ii) centerline tie sheets prepared in a manner acceptable to the City Engineer showing the locations of centerline monuments in existing public or private streets; and (iii) any Record of Survey required by this Agreement has been filed with the County of Riverside and recorded.
(e) The City may retain from any Improvement Securities released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.

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

Subdivider shall replace or repair, or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public or private improvement.

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Securities in full force and effect; (7) Subdivider's failure to notify the City of any sale, transfer or other disposition of the Property to a purported new Subdivider; (8) Subdivider's failure to maintain insurance; or (9) the failure of Subdivider or Subdivider's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement. (b) In the event of any such default, the City Engineer or the City Council may serve written notice to Subdivider specifying in reasonable detail the nature of the default. Subdivider shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default is not reasonably susceptible to being cured within said thirty (30) days, Subdivider shall have a reasonable period of time to cure the default so long as Subdivider commences to cure the default within said thirty (30) days and diligently prosecutes the cure to completion. (c) If following service of such written notice of default, Subdivider fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 10(b), above, the City Engineer or the City Council may serve notice of Subdivider's default upon Subdivider and where applicable Subdivider's surety, or the holder(s) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 10(c), above, Subdivider's surety shall have the duty to take over and complete the Improvements and related work required under this Agreement; provided; however, that if the surety, within twenty (20) days after the serving upon it of such notice of default, does not give the City written notice of its intention to take over the construction of said Improvements or does not, within ten (10) days after giving City notice of such election, commence to complete the Improvements, City may take over the work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the completion of same. (e) The City reserves to itself all remedies available to it at law or in equity for Subdivider's default under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Subdivider. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Improvements, and therefore, City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans.

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(f) Failure of Subdivider to comply with the terms of this Agreement, including but not limited to, construction of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Subdivider's consent to: (1) the filing by City of a notice of violation against all of the lots in the Subdivision; (2) withholding of Building permits, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Subdivider agrees that the choice of remedy or remedies for Subdivider's default or breach shall be in the sole discretion of City.
(g) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.

11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Subdivider shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the Plans, Subdivider shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion. (b) Should Subdivider fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such work. (c) Should the City determine that an emergency or a threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the cost of such repairs.

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13. Injury to Improvement Work: Risk of Loss. Until such time as the Public Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Public Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times.

15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Subdivider shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements, and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.

Subdivider hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Subdivider's operations, or any subcontractor's operations, to be performed under this Agreement for Subdivider's or subcontractor's tort

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negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters. (c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design. After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Subdivider's Improvement Securities shall not be required to secure Subdivider's obligations under this Section

17. 18. Sale or Disposition of Subdivision. Assignment. (a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Subdivider may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor.

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(b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement for work or Improvements performed by Subdivider prior to the novation.

19. Time of the Essence. Time is of the essence in this Agreement.

20. Time for Completion of Improvements; Extensions.
(a) Subdivider shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause. Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney. (b) Any such extension may be granted without notice to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension.
(c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act of City, or from an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.

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(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Subdivider to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.

Notice to City: City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attn: City Manager
With a Copy to:

Notice to Subdivider:

John Pinkney, Esq.

SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
Meritage Homes of California, Inc.
5 Peters Canyon Rd, Suite 310
Irvine, CA 92606
Attn: Efrem Joelson

22. Severabilitv. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.

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(Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury. (ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease. In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. (2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance.
(b) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least a A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.

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(d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section.
(e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations. (2) Primary Insurance. For any claims
as respectsthe City of Beaumont, project,
t
insurance coverage shall be primary insuranc
its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.
(3) Waiver of Subrogation. E is°ofFc officials, officers, sg all rights mpoyees,agentsand
of
subrogation
against the City of Beaumont,
independent contractors shall be provided.
(ii) The Workers' Compensation policy °c als
fhallbofficers,e employees, agesed to waive all nsand r hts subrogation against the City of Beaumont, its
independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non- payment). Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.

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(g) Commencement of Work. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Subdivider and approved by City; nor shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained. Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk. (h) Higher Limits. If Subdivider maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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

28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.

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(c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto.

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

Subdivider:

Meritage Homes of California, Inc.
a California Corporation
By:

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City:

CITY OF BEAUMONT
a Municipal Corporation
ATTEST:

City Clerk
APPROVED AS TO FORM:

JoJ r(Pinkney, Cit ttorney
APPROVED AS TO CONTENT:

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CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of 07'4 e
}
On .f r.rrdl %f, 2292-2.— before me, "4 iv& -SC/azar, 4�'o L , 1 Date
personally appeared
arDn
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

ANDREW SALAZAR
Notary Public - California
Orange County
Commission # 2365034
My Comm. Expires Jul 10, 2025
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature

OPTIONAL
Signature of Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: _
Number of Pages:

Signer(s) Other Than Named Above:

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

Signer is Representing:

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

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Jeff Hart, Dir. Of Engineering/Public
Works
Attachments: Exhibit A Legal description of Property
Exhibit B Cost estimates
(Proper Notarization of Subdivider's Signature is required and shall be attached)

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Bond No. 30152512
Improvements: Street

PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Meritage Homes of California, Inc. (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated , 20_, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. Tract No. 31462-26, which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Eight Hundred Eighteen Thousand One Hundred Thirty One and 851100 dollars ($818,131.85) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
[signatures on following page]
6

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Name: James I Moore
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 2. 2022.
(Seal) (Seal)
The Continental Insurance Corn 3anv
SURETY
Title: Attorney -in -Fact
Meritage Homes of California, Inc.

By:

PRINCIPAL
Iker
Name: G 1 e,,. A w
Title: 1`l�}".'al t_ ' .k beve l�
Address: 151 N. Franklin Street By:

Chicago, IL 60606
Name: O, VA. Sct(a V2,2 C-
Title: I C, i V
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 7 Pktf�

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ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF ARIZONA

COUNTY OF MARICOPA
)SS
On March 08, 2022 before me, Laura J. Gunderson , Notary Public, personally appeared G en A. Tulk, Vice President - National Development of Meritane Homes of California, nc who proved to me on the basis of satisfactory evidence to be the person(s) w`hose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the for . . ing . , ra ■ ra•h is true and correct.

WITNESS my hand end official seal.

Signatu

LAURA GUNDERSON
Notary Public, State of Arizona'=
Maricopa County
Commission # 615665
t1y Commission Expires
Novemb U5, 2025
6:.

This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

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

PARTNER(S)

ATTORNEY -IN -FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

INDIVIDUAL

CORPORATE OFFICER(S) TITLE(S)
❑ LIMITED
Name of Person or Entity

GENERAL
Name of Person or Entity

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

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

NUMBER OF PAGES DATE OF DOCUMENT

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

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STATE OF ILLINOIS
COUNTY OF DUPAGE}
On March 2, 2022, before me, Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared, James I Moore known to me to be Attorney - in -Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and duly acknowledged to me that such corporation executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.

My Commission Expires, August 28, 2025
Commission No.859777
Sinem Nava, Notary Public

OFFICIAL SEAL

SI NAVA
Notary Public
State of Illinois
M Commission Ex ,ires Aur,. 28, 2025

Page 472 of 2369 ends

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of lllinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
James I Moore, Stephen T Kazmer, Dawn L Morgan, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, Tariese M Pisciotto, Diane M Rubright, Martin Moss, Individually of Downers Grove, IL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.

This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.

In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2021.

The Continental Insurance Company
Paul T. Bruflat JE'ice President
State of South Dakota, County of Minnehaha, ss:

On this 20th day of June, 2021, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. •aaaaaaaaaaaaaaaaaaaaaaaa+
M. BENT
kg)N0TARY PUBLIC J
p SOUTH DAKOTA
Jp
My Commission Expires March 2, 2026
M. Bent Notary Public

CERTIFICATE
I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 2nd day of March, 2022.

The Continental Insurance Company
D. Johnson
Assistant Secretary
Form F6850-4/2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.

Page 473 of 2369 ends

Bond No. 30152512
Improvements: Street

PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Meritage Homes of California. Inc. (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated , 20 , whereby Principal agrees to install and complete certain designated public improvements which is hereby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of Eight Hundred Eighteen Thousand One Hundred Th�rry One and 851100 Dollars f x818,131.852
for materials furnished or labor thereon of any kind, or for amounts due under tie Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and. void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
[signatures on following page]
8

Page 474 of 2369 ends

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 2. 2022.
(Seal) (Seal)
The Continental Insurance Company Meritage Homes of California, Inc.

Name: James I Moore
Title: Attorney -in -Fact
Address: 151 N. Franklin Street
Chicago, IL 60606

PRINCIPAL
By: alt.* AAA'
Name: G l er1 A
Title: VP j Ic ion ( c..nc), (Yeve,l ��;►1 f'-+
1 r !'
By: /_; ,`
Name: Wk,\.0.,.' ks o Z.Z. G•
Title: t f L Ei
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9

Page 475 of 2369 ends

STATE OF ARIZONA )SS

COUNTY OF MARICOPA
On March 08, 2022 before me, Laura J. Gunderson , Notary Public, personally appeared G en A. Tu k, Vice President - National Development of Merits a Homes of Ca ifornia, Inc, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

LAURA GUNDERSON
Notary Public, State of Arizona
Maricopa County
Commission # 61 5665
My Commi:>sion Expires
Novemt.,: i : t., 2025
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

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

PARTNER(S)

ATTORNEY -IN -FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

INDIVIDUAL

CORPORATE OFFICER(S) TITLE(S)
❑ LIMITED
Name of Person or Entity

GENERAL
Name of Person or Entity

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

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

NUMBER OF PAGES DATE OF DOCUMENT

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

Page 476 of 2369 ends

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.

My Commission Expires, August 28, 2025
Commission No.859777
KUALA
Sinem

OFFICIAL SEAL

SINEM NAVA
Notary Public - State of Illinois
Mir Commission Expires Al: 28, 2025

Page 477 of 2369 ends

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
James I Moore, Stephen T Kazmer, Dawn L Morgan, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, Tariese M Pisciotto, Diane M Rubright, Martin Moss, Individually of Downers Grove, IL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.

In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2021.

The Continental Insurance Company
Paul T. Bruflat
ice President
State of South Dakota, County of Minnehaha, ss:

M. BENT
r=NOTARY PUBLIC Scu p
a SOUTH DAKOTA t
+
My Commission Expires March 2, 2026
M. Bent Notary Public

Page 478 of 2369 ends

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

CONSTRUCTION COST WORKSHEET
"PLAN CHECK FEE EST"
PARCEL MAP OR TRACT NO.:

DATE:

NV5
Approved
Pad ma Asam
07/14/2021 12:31:29 PM
Street Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) 7/8/2021
PP, CUP NO.:

BY:

George A. Lenfestey

IMPROVEMENTS
FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
Construction Costs)
Streets/Drainage
Sewer
Total
Warranty Retension (22.5%)
Street/Drainage Plan Check Fees =
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =
818,131.85
818,131.85
184,079.67
$
16,362.64
500.00
24,543.96
750.00

Above amounts do n include additional 20% for recordation prior to having signed plans Above amounts do not n include additional 20% for recordation prior to having signed plans 8 -Jul -21
Engineer's Signature Date
George A. Lenfestey
Name typed or printed
Civil Engineer's Stamp
*****PLEASE READ INSTRUCTIONS BELOW*****

1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Construction Cost Worksheet".

2. Show Bond Amounts to the nearest $500.

Page 479 of 2369 ends

7/8/2021

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Street Improvement Plans_ Tract No. 31462-26 (PA 18-77 Lots) DATE: 8 -Jul -21
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
L.F.

Remove Chain Link Fence
$ 2.50
$ -
EA.

Remove Barricade
$ 200.00
$ -
2,196
TON
Asphalt Concrete - 144 lbs/cu. Ft.
(92,406 SF @ 0.33')
$ 90.00
$ 197,640
1,712
C.Y.

Aggregate Base Class II (92,406 SKI0.50')
$ 50.00 $ 85,600
4 TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) ( 92,406 SF)
$ 600.00 $ 2,400
apply at 0.05 + 0.03 = 0.08 gal/SY
$ -
S.F
AC overlay (mm. 0.10')
If export, provide (a) & (b), a=fill, b=cut-fill
If import, provide (a)&(C), a=cut, c=fill-cut
(Unit costs for (a), (b) & (C) are 20% of
actual costs to assure that work will be
corrected to eliminate hazardous conditions.)
$ 0.90 $ -
S.F.

Remove A.C. Pavement
$ 0.50 $ -
L.F.

Curb and Gutter (Wedge Curb)
$ 8.00 $ -
5,432
L.F.

Curb and Gutter (Type A-6)
$ 10.00 $ 54,320
L.F.

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

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

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

A.C. Dike (6") (incl. material & labor)
$ 8.00 $ 288
L.F.

A.C. Dike (8") (incl. Material & labor)
$ 10.00 $ -
2,497
S.F.

P.C.C. Cross Gutter and Spandrels
$ 10.00 $ 24,970
33,694
S.F.

P.C.C. Sidewalk
$ 6.00 $ 202,164
13,000
SF
P.C.C. Drive Approach (16' Wide)
$ 8.00 $ 104,000
8 EA.

Handicapped Access Ramp _
$ 1,500.00 $ 12,000
EA.

P.C.C. Drive Approach
(individual lot driveway approach per finished grading plan) $ 8.00 $ -
351
S.F.

Join Existing Pavement (Grind & Overlay Exist. A.C.)
$ 4.00 $ 1,404
$ -
$ -
$ -
SUBTOTAL = $ 684,786.00

Page 480 of 2369 ends

7/8/2021

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Street Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 8 -Jul -21
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT I
ITEM

UNIT COST
AMOUNT
-
C.Y.

Rip Rap (1/4 Ton) Method B
$ _ 35.00
$
C.Y.

Rip Rap (1/2 Ton) Method B
$ 40.00
$
C.Y.

Rip Rap (1 Ton) Method B
$ 45.00
$ _
C.Y.

Rip Rap (2 Ton) Method B
$ 50.00
$
C.Y.

Grouted Rip Rap (1/4 Ton) Method B
$ 45.00
$ -
C.Y.

Grouted Rip Rap (1/2 Ton) Method B
$ 55.00
$
C.Y.

Grouted Rip Rap (1Ton) Method B
$ 60.00
$ -
C.Y.

Grouted Rip Rap (2 Ton) Method B
$ 65.00
$
L.F.
18" R.C.P.
$ 60.00
$ -
L.F.
24" R.C.P.
$ 70.00
$
L.F.
30" R.C.P.
$ 80.00
$ -
-
L.F.
36" R.C.P.
$ 90.00
$
L.F.
42" R.C.P.
$ 100.00
$
L.F.
48 " RCP
$ 110.00
$ -
L.F.
54" RCP
$ 135.00
$ -
L.F.
60" RCP
$ 160.00
$ -
L.F.
72" RCP
$ 200.00
$ -
L.F.
$ 1.00
$ -
L.F.
$ 1.00
$ -
EA.

H.D.P.E. Clean Out
$ 400.00
$ -
-
I
EA. I
Drain Basin
$ 400.00
$ -
-
EA.

Curb Outlet
$ 3,000.00
$ -
EA.

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

RipraI Headwall
$ 1,000.00
$ -
-
EA.

Concrete Collar
$ 250.00
$ -
EA.

Outlet Structure
$ 10,000.00
$ -
EA.

Concrete Pipe Anchor & Stabilizer
$ 250.00
$ -
L.F.
12" HDPE. Pipe
$ 31.00
$ -
EA.
12" HDPE Misc. Fittings (Bend, coupling, & end cap)
$ 320.00
$ -
SUBTOTAL =

Page 481 of 2369 ends

7/8/2021

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Street Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 8 -Jul -21
STREET IMPROVEMENTS (Cont'd.) _
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
0 EA.

Water Quality Structure
$ 2,500.00
$ -
0 LS
Concrete Inlet Apron
$ 11,000.00
$ -
0 LS
Emergency Spillway
$ 27,000.00 I
$ -
0 LS
84"Storm Drain Grate
$ 8,500.00 I
$ -
0 SF
3' Wide V -Gutter (945 LF)
$ 4.00
$ -
$ -
$ -
$ -
$ -
$ -
Subtotal:

Subtotal
B. Contingency (15%)
$ 711,419
$ 106,713
C. Streets/Drainage Total (A + B) $ 818,132

Page 482 of 2369 ends

7/8/2021

VICINITY MAP
GE NER AL NO M_S
. NSIBLO £UN TH E CLEA RING' UI THE PRO PO'!U 200 AVV 0( OUR 11,00410 ,11,00410 ,- NO ER IS.WILT P£5 EA., NOSE SHORN . UN Tr ICS £ P LANS PE C911,CTOR IS PEW. .. , TO TAKE MI PRE CAST... MEAS., rc PR GIF9.r TH 9I/nFs SM DNN AN D AN Y ✓ O TTER LINOS JR S TR AIT . N OT SHORN ON THES E PANS AND TSrRE.;F GN9 8, F OR T H£ PH DNCION CF, AND AN Y U J.OD
SHE T SORFNS EM O R, 50 A, ED TO O. ID STA: 12262,
LOVE GN£STA 01,191 NSr , 19 02.,
NTT 4 - ] L NALE ANC VW,.

CITY OF BEAUMONT, CALIFORNIA

STREET IMPROVEMENT PLANS
TRACT NO . 31462-20

TITL E SHEE T - VICINITY MAP - GENERAL NOTES

LEGEN D - CONSTRUCTION N OTES - INDEX MAP

TYPICAL SECTIONS - QU A KITTIES

S H E E
O/ 4 SHEET
3407
ARGENT I,A0N-,LAM=LIE

LEFT
2245
CL
2245
RIG HT
2245
y
aV
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PRO POSED LG.

C4 /EFT
w
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Jr X
PROPOSED fC ..rx
0 RIGHT
25 26
27 28
SEE -I E. 3 - M AT
NE
24�4-'/19' _M AT�. 7 9 TR. 31462 20
R °
q F6
RIM 12100
BENCHMARK:
£sea r✓ roN: uses erovuMEN!
4 hL .rwgR0/5K5 ,,NFO P c.
45 0/0 , CE P 5T 050/
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v.
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J

ROPOSED ES
OCT
[X,STL NIT C OL ,ND,.

CL
+00 14+00
19 21 ''� 20
SIC
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CUR VE-ar.

BEaPNG/O AM
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2f1,
36 .,46"
282.99'
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2500'
.5.93'
211]'
542.25"
19292'
056 O6'

60.24'
U
35'£1'2-
JX.N J'
ISti 0,
35/Y'

86. ,51"
=J"
P9.0'
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L
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5),

5.19 6J. 14'
J5 Y2•
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1ROACT( S
F.,INEFRINC. W EST
PROACTIVE F...7.1,
PROPOSED /.5 .

SCL-
15+:Ni .. . . ..- ._. -_ . . 16+00
17+00 18+00
/- „/050 .570 B' 6E4EA RC P IR . 0/452-03
SL WE H ✓tN, (P✓,202-_070))
i
,per\ 36 P"I
3 SOREN STAM DRIVE
12 eL, 37
•
-PROPOSED
9 LEFT
L EFT
2 235
II �
., 2235
6 80
8 R/d-1T
2 235

PROPOSED LC
' 44 RIG HT
+O 00
✓/SF/FE SCALL'. '
CON577itC11 0VIVOT ES.
"a/sract J A .c . 9KA 6" ae
cONS/CCr ARE A-6 CORR R75 [OWN 0X 4510 53/0/' 37/2/300 NO. 200 © caysr accr 5.15// P PE R /00/5 SE 48/ 54,-2 swot. ✓, AN .u. 401 © c0/ /sYrrr O W4:40E P EP wow,. Or .4. 4.50 E sr0 N^. 410 • (3' MSr3 S SIRer, mat ;/;n „R 5,8 55/07 sr0 N0 9,4
G ra o- ( R..,
6Knt war ;rrWT. .r to CAW, MNev , VAe HO ME fr. V MS A RC P rIERWA TO) RE//C,Nf rl// 0/40 /05 P48/., M :R.E/S /[R [UM A SW,
• IF !RV 31442- 10 ,N0 35402-23 ARE
COUSTRX'CO COHGD/reaE : O,RRVDC 'S
NW MEOW 2U-
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14-- PWO:C e" 0/0 54502
PER /:451-1J
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CRT Of BEAUMOM, PUBLIC 00505 DEPPR/ ME NFr •5rr
4 1 2
42 g+

CITY OF BEAUMONT, CALIFORNIA

STREET IMPROVEMENT PLANS
T RACT NO . 31462-20
ZO ELLER S7REE T
ST9: /0+.2.23 r0 SIAI 054 .1a

SO RENSTAM DRIVE
0+2097 TO 5/A. 20000.00
SHE E
2 Of 4 SHUT
a 3407

ARGENT MANAGEMENT

69£Z Jo 98V e6ed
LEFT
2235
CL
2235 ,u
T.t
2235 N C C. iTT
r
a �
43 42,2
xN
20100 21100
8 22100
5 7
•
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C .—.N
4 3
•
1 .
47 ' V y

SO RE NSTAM DRIVE
BEN CHMARK:
:7
I I -
24+00 25100
2 ` Cp •ee- er
PRO//CT, Iisr
LEFT
2235
CL
2235
LEFT
2240
Per_<csn . ,
CL
2240
•
4C
L.

TYi 6 HT RIGHT
2235 2240
COM167ALC77M'M1p1ES
/0+00
14 15
I6
woo

SORENSTAM CP/IP E
T nTE
a._,. .... ... LOVE LANE
0 •
/2+00 13+00
Os
35 ryS
,,,.1111 612 0 2,
L EF T
2 240
CL
2240
RIGHT
2240
IT• ;t 3PAUVCNT, CAI - TPNIA

STREET IMPROVEMENT PLANS
TRACT NO . 31462-23

SOR ENSTAM DRIV E

LOV E LA NE
'U SW II 4, 2
3F
SHE
i,e NCI
3407
G=PIT MAN,,,G M -NT

GENERAL SI GNA GE/STRIPING NOTES
Si 1110 A A DRrAYGC .1.,
I RAVGPN/WNOI SWARD SPCL/FLGO OVS, AND TIE t,.,:

PA NS MRS/ [W. NCR[, .P Rr2FCC0 TO AS T
S NANO. FINS' O MESS OTC.. SPEC,.

TI / 55.75" SWI G, /NISE O PAY[ M NME RS ARO M/ON T,, IFTLEPT PAVENENI SA N! LOVPLV µTIN I H! ET U MINA! Cav IYNOYH Ivfr•.C L ORAN PE WITS i s/S C.

A PFYEOEN) .IGNOS ROI L [/SE AT I AIO/ TOE RN or S OKWI 5 ANDAPD SIG NCE5.

J RACED PA:2.W MARK ASS<M.< LD1' l,)P M TO n,r PPOIC+CWS IN SC OTOI 05 STIII LNIINNS 00/NH/T MC NI W Il JAIIRLRIGIO N 0,1ARA., SPEC NICATO NG. 151,505 TAAITM' N' OA PVENS' . ANION, IRA VAI£TEN/ C/SNTTE NS SI TZL COWAT O TO IM P011/AS NG IN SEE SOW 95-SGA (X C MIRIS STNIOHIO SPELI AL ArTONS (MT/C 001/0/) [NITRO '.,A PO S RI £ PIN v AONES 5E /OR RAA: 0LVT OA PK(RT..

5. /TIER MYMSNG RAMC 5NIME 5 ANO U AW., SRL 4 CO WRWV ITS F IAT SEG. T. N 91-1• WIL CO 'TIIER SI/'M//A WANK' OTT/TES AND PARR OT NA.RVVAS', AS S.TIFe01 N IH FW NGWS 5/PA FI/FN1 Of ANSRJPr/iNI STAN@W) SPELI/I5IO/,S (?010 ERROR<
NrEM SNOAP,w'. IAYL CE.5EGOIVG AS V RAIE O PA.T'TN A JA NAEHS 001 .GONE R') ON ^OIFSSE IPARAG .5 A RESZ'N OF T HE ONCT /ST/TO <IOR M S HOW N ON N✓ G RAN R.< R£M N£0 fN N tI S NO OCUING LN LPNNG IS GREG . ED SR FII l..%R .

OE SWS FRO M PY LON G RFNASONS S/ M!! RC T AVI.INES 117. 11 Or WOW A R&. A N6 PT LOSWAT//0 S RN( MAT PRCUI/M NS NELESNI/T NO P." OTRLT PERSO NS NO P// TA TT AGFARthI FO TOE 5WL0MSSINt OFENW RONS M£ 0E&WS RES OLI NG CAW PIE SANORISING SITU CE TMA SOATEY R! OOYEO /N0 0 '5 21500 OF ON RIE LYA'A/IOITSP MO W, WITT THE <WO W1V S'I OL! LT RCAAI/O fi l Nl 0.454//4 LW:ONMG OR NIGH-PONIR x 4 ✓.
69CZ to 64t, abed
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REVIS IONS
I'R04f T I VI'
LIB
To

CITY OF BEAUMONT, CALIFORNIA

STREET IMPROVEMENT PLANS
TRACT NO. 31462-23

SI GNA GE A ND STRIPING ,
THEE
4 0/ A SHEET
PI A Nu,
S:O?

ARGENT MANAGEMENT

BEAUMONT
••-- C A L I F O R N I A -
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.beaumontca.gov
Case No. PW2025-0206
Receipt No. R01648876
Fee $ 725.00
Date Paid 4/22/2025

BOND EXONERATION APPLICATION
[REPLACEMENT OF BOND - NOT EXONERATION]
Bond Type: ©Performance ['Maintenance ❑Final Monument Inspection ❑Other:

1. Contact's Name Jesse Mudd
Phone 951-415-2974

2. Contact's Address 980 Montecito Drive, Suite 300 Corona CA 92879 City/State/Zip

5. Contact's [email protected]

3. Developer Name D. R. Horton Los Angeles Holding Company, Inc. Phone 951-415-2974 (If corporation or partnership application must include names of principal officers or partners)

4. Developer Address 980 Montecito Drive, Suite 300 Corona CA 92879 City/St/Zip

5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):

Bond No. 301482'7 / TR 31/62-23 / Sewer Improvements
New Bond #: 9473416

Jesse Mudd 3/17/2025
Print Name and Sign — Contact/Applicant Date

Print Name and Sign — Contact/Applicant Date

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8. I eveloper/Contractor has completed all the following items prior to requesting release or has uded them in the application.
• Remo .. nd replace concrete and AC as needed where lifting. • Provide AC _ k fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slu coat for all road surfaces.
• Restore/Verify pavemen • ing/markings.
• Restore/Verify blue dots and si , ' . _e as needed.
• Clean and camera sewer. Provide rep • . nd video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade 'thin Right -of -Way. • Provide Landscape Architects Certification as required.

Print Name and Sign — Contact/Applicant : e

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RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

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

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL MAP NO. 31462-23
DATE OF AGREEMENT: April 15th, 2025
NAME OF SUBDIVIDER: D.R. Horton Los Angeles Holding Company, Inc. a California Corporation . (hereinafter referred to as "Subdivider").

FINAL TRACT/PARCEL MAP
RECORDED ON 12/27/2022
31462-23 APPROVED ON
AS INSTRUMENT NUMBER 2022-0513448
("Final Tract Map/Final Parcel Map").

EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ 122,739.50
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 9473416- PA 22B Sewer Improvements
LETTER OF CREDIT NUMBERS:

FINANCIAL INSTITUTION:

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

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

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2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) 122,739.50 and 00/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100°/0 of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii)122,739.50 and 00/100 DOLLARS ($XXX,XXX.XX) to
secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement. (iv) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or

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4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the

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drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City.

Said changes, if any, shall be confined to the Property.

5. Reserved.

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

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

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Beaumont City CouncilJuly 15, 2025

Beaumont City Council
July 15, 2025