10/26/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Tract No. 31462-23 Storm Drain Improvements
DATE: 10/26121
STREET IMPROVEMENTS (Coni'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
Chain Link Fence
$ 2.50
$
ARemove
EA.
Remove Barricade
$ 200.00
$
TON
Asphalt Concrete - 1441bs/cu- Ft.
(334,073 sf `ii'. 0.40')
$ 45.00
$
TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton M 240 gals) 334,073 sf)
Apply at 0.05 + 0.03 - 0.08 GaltSY
$ 400.00
$ -
S.F
AC overlay (min. 0.10')
If export, provide (a) & (b), a=fill, brut -fill
Ifi-mport, 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.'
$ 040
$ -
S.F.
Remove A.C. Pavement
$ 0.50
$ -
L.F.
Curb and Gutter (Wedge Curb)
$ 8.00
$
L.F.
Curb and Gutter (Tv-)eA-6)
$ 10.04
$ -
L.F.
Type "C" Curb
$ 10.00
$ -
L..F.
Type "D" Curb
. $ 15-00
$ -
I F.
A.C_ Dike (6") (incl. material & labor) $ 5.00
$
LE,
A.C_ Dike (8" ) (incl. Material & labor)
$ 7.50
$ -
S.F.
P.C.C. Cross Gutter and SaedreIs
$ 8.00
$ -
S.F.
P.C.C. Sidewalks
$ 4.60
$ -
EA.
P.C.C. Drive Approach
$ 640.00
$ -
EA.
Handicapped Access Ramp
$ 1,000.00
$ -
EA.
S.F.
P.C.C. DriveApproach . . . .
(individual 1ot driveway approach per finished grading
nlan)
$ 640.00
$
Cold Plane & Overlay Exist. A.C. Paving
$ 4.00
$
S.Fr.
Tom' P.C.C. Sidewalk
$ 4.00
$
EA.
TEMP. Handica )3ed Access Ramp
$ 1,000.00
$ ..
10126/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT
Tract No. 31462-23 Storm Drain Improvements
DATE: 10/26/21
STREET IMPROVEMENTS (Contd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
EA.
Street Name Sin
$ 250.00
$ -
EA.
Delineators -per Caltrans Std. A73C,
Class 1, Type.F
$ 40.00
$ M 40.00
$
$ -
EA.
Object Markers - Modified Type F
Delineators, Riverside County
L.F.
L.F.
Barricades
$ 28.00
$ -
Utility Trench, one side (Edison, Telephone, Cable)
(Total length of streets)
$ 10.00
$ -
L.F.
Chain Link Fence (6')
$ 12.00
$ -
L.F.
Remove Fence
$ 4.00
$ -
EA.
Remove Power Pole
$ 1,200.00
$ -
EA.
Street Lights (including conduit)
$ 5,000.00
$
EA.
Street Trees (15 gallon)
$ 150.00
$ -
L.S.
Landsca-v and Irrigation
$ -
$
EA.
Concrete Bulkhead
$ 200.00
$ -
C.Y.
Structural Reinforced Concrete
$ 400.00
$ -
EA.
Slope Anchors for Pi -ies
$ 300.00
$ -
L.F.
Cut Off Wall (Std. 2'')
$ 5.50
$ -
EA.
A.C. Overside Drain
$ 500.00
$ -
EA.
Under Sidewalk Drain
$ 1,800.00
$ -
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 Cu1-de Sac
$ 640.00
$ -
EA.
"STOP" Pavement Marking
$ 200.00
$ -
L.F.
Limit Line
$ 2.00
$ -
EA.
R1 "STOP SIGN"
$ 250.00
$
EA.
W53 "NOT A THROUGH STREET" Sian
$ 250.00
$ -
EA
CONCRETE LIGHTING
. $ 2,500.00
$ -
$
$ -
$
10/26/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Tract No. 31462-23 Storm Drain Im
3rovements
DATE: 10/26/21
STREET IMPROVEMENTS (Con-ed.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
C.Y.
Ri 3 Rasa (1/4 Ton) Method B
$ 35.00
$ -
C.Y.
Rip Ra 3 (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 Ri ) Ras (1/2 Ton) Method B
$ 55.00
$
C.Y.
Grouted Rip Ida, (1Tony Method B
$ 60.00
$ -
C.Y.
Grouted Ri) Ra-i (2 Ton) Method B
$ 65.00
$ -
110 L.F. 18" R.C.P.
$ 60.00
$ 6,600
L.F. 24" R.C.P.
$ 65.00
$ -
L.F.
30" R.C.P.
$ 70.00
$ -
407
L.F.
36" R.C.P.
$ 80.00
$ 32,560
394
L.F.
42" R.C.P.
$ 95.00
$ 37,430
L.F.
72" R.C.P.
$ 200.00
$ -
L.F.
30" C.I.P.C.P.
$ 50.00
-
$ -
L.F.
36" C.I.P.C.P.
$ 60.00
$ -
221
L.F. 60" R.C.P
$ 160.00
$ 35,360
55 L.F. =48" R.C.P
$ 110.00
$ 6,050
595
L.F. 54" R.C.P.
$ 150.00
$ 89,250
EA. H.D.P.E. Clean Out
$ 400.00
$ -
EA.
Drain Basin
$ 400.00
$ -
EA. Curb Outlet
$ 3,000.00
$ -
EA.
Fossil Filters
$ 500.00
$ -
EA.
18" C.M.P. Wve
$ 500.00
$ -
EA.
Ri-)raD Headwall
$ 1,000.00
$ -
4 EA.
Concrete Collar
$ 250.00
$ 1000
EA.
Transition Structure No. 3
$ 2,500.00
$ -
EA.
Concrete Inlet Structure
$ 5,000.00
$ -
L.F.
12" HDPE Pi 3e
$ 31.00
$ 50.00
$
L.F.
24" HDPE Pi ae
$
10/26/2421
CITY OF BEA.UMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Tract No. 31462-23 Storm Drain Improvements
DATE: 10/26/21
STREET IMPROVEMENTS (Coned.)
QTY.
UNIT
L.F.
ITEM
UNIT COST
AMOUNT
60" C.S.P.
$ 11.00
$
EA.
Catch Basin W = 4'
€ $ 1,700.00
$ -
EA,
Catch Basin W = T
$ 3,000.00
$ -
3 EA.
Catch Basin W 10'
$ 4,000.00
$ 12,000
2 EA.
Catch Basin W = 14'
$ 5,500.00
$ 11,000
EA.
Catch Basin W = 21 `
$ 7,000.00
$ 7,000
EA.
Type IX Inlet
$ 1,$00.00
$ -
EA.
Type X Inlet
$ 1,800.00
$ -
EA.
••.•
Junction Structure No. I
$ 3,000.00
$ -
EA.
Junction Structure No. 2
$ 2,500.00
$ -
EA.
Junction Structure No. 4
$ 3,700.00
$
EA. Transition Structure No. 1
$ 2,000.00
$ -
EA. Transition Structure No. 3
$ 2,700.00
$ -
EA.
Manhole No. 1
$ 2,700.00
$ -
EA. Manhole No. 2
$ 3,300.00
$ -
EA.
Manhole No. 3
$ 2,000.00
$ -
4 EA. Manhole No_ 4
$ 4,000.00
$ 16,000 •
EA.
Adjust Water Valve (ifno water plan)
$ 150.00
$ -
EA.
Adrust MHto grade €if no sewer plan)
$ 340.00
$ -
$ -
EA.
Caltrans D90 Tyoe B Concete Headwall
$ 5,000.00
Remove & Dispose of Interferrin 30" Storm Drain
L.S.
and 36" Riser
$ 500.00
$ -
EA.
Remove & Dispose of MB Headwall & Wingwall
$ 10,000.00
$ -
L.F.
Concrete Bulkhead
$ 25.00
$ -
EA.
Outlet Structure
$ 5,000.00
$ -
EA.
Remove Existing, Headwall
$ 1.000.00
$
EA.
Concrete Flared End Setion
$ 3,000.00
$ M -
EA.
Downdrain To Pi ae Trans.
$ 500.00
$ -
$
$ -
10/26/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Tract No, 31462-23 Storm Drain Im.)rovements
DATE: 10/26/21
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
II'EM
UNIT COST
AMOUNT
EA.
Water Quality Structure
$ 2,500.00
$
L.S.
Concrete Inlet Apron'
$ 1 1,000.00
$
S.
EmerM;ency Spillway
$ 27,000.00
$ -
L.S.
M" Storm Drain Grate
$ 8,500.00
$
S.F.
3' Wide V -Gutter
$ 4.00
$ -
EA.
Enery,y Dissipater Impact Basin
$5,000.00
$ -
EA.
Pipe Anchors
$500,00
$ -
EA.
Forebav
$5,000.00
$
F.
Double Box Culvert
$1,000.00
$ -
EA.
Inlet Structure
$5,000.00
$ -
EA.
Culvert Warped Wing,Nalls $10,000.00
$ -
Subtotal:
A.
Subtotal
B. Contingency (15%)
$ 254,250
$ 38,138
C. Streets/Drainage Total (A + B) $ 292,388
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10/26/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Tract No. 31462-23 Storm Drain Improvements
DATE: 10/26/21
SEWER IMPROVEMENTS
Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable quantities as part or street improvements.
QTY.
UNIT
ITEM
UNIT COST
AMOUNT 1
L.F.
4" V.C.P.
$ 10.00
$ -
L.F.
4" P.V.C. Force Main & Fitti as
$ 10.00
$ -
L.F.
8" V.C.P.
$ 30.00
$
L.F.
10" V.C.P.
$ 35.00
$
L.F.
12" V.C.P.
$ 40.00 $ -
EA.
VENT -O -MAT MR RELEASE AND VACUUM VALVI
$ 3,500.00
$ -
EA.
Standard or Terminus Manholes
$ 2,500.00
$ -
EA.
Drop Manholes
$ 4,000.00
$ -
EA.
Reinforced Shallow Manholes
$ 4,000.00
$ -
EA.
Cleanouts
$ 500.00
$ -
EA.
Sewer Y's
$ 25.00
$ --_
EA.
Chimneys
$ 300.00
- .....
$ -
EA.
Adjust M.H. to wade
$ 340.00
$ -
EA.
NEOPDXY MANHOLE LINER
$ 1,000.00
$ -
EA.
4" P.V.C. Misc. Fittings
$ 120.00
$ -
L.F.
Sewer Pi )e Sleevin€&
$ 36.00
$ -
EA.
Sewer Lift Station
$ 150,000.00
$ -
L.F.
12" P.V.C.
$ 40.00
$ -
EA.
12" P.V.C. Misc. Fittings & Plugs
$ 200.00
$ -
L.F.
8" P.V.C.
$ 30.00
$ -
EA.
8" P V C Misc. I ittins;s & Plul;s
$ 190.00
$ -
EA.
Backflow
$ 250.00 $ -
L.F.
4" PVC. ("7 Lots li 25' Avg Length)
$ 15.00 $ -
L.F.
8" P.V.C ANSI/AWWA (C-900, CL. 150}
$ 30.00 $ -
L.F.
8" D.I.P. (AWWA CLASS 150)
$ 50.00 $ -
Subtotal
Contingency (15% x A)
Sewer Total (A + B)
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1646/2021
GENERAL NOTES:
I. ME PLA N SUPERSEDES ALL OME R PLANS PREVIOUSLY APPROVED BY THE OCT OF B EAUMONT
REGARDING IMPROVEMENTS SHOWN ON TH E SET GE PLANS
2 APPROVAL OF MIS PLAN DOES NOT LESS EN OR WADE ANY PORTON E ME BEAUMONT MUNICIPAL CODE REWRITER OF COMMUNAL APPROVAL, CRY STANDA RDS DR OMER ADDITIONAL DOCUMENTS W.
HEREIN AS THEY MAY PERTAIN TO THIS PROTECT . ME ENGINEER IN R£SPONSBIE CHARGE SHALL REVISE THESE PLANS WHEN NON-CONFORMANCE IS DISCOVERED.
3 CITY APP ROVAL OF PLANS DOES NOT RELIEVE THE DEVELOPER. OR ENGINEER -SF -WORK COO K RESPCNSOILItt FOR ME CORRECTION OF ERRORS AND OMISSIONS DISCOVERED DURING CONSTRUCTION .
ALL PLAN REVISIONS SHALL BE PROMPTLY SUBMITTED TO THE CITY ENGINEER FOR APPROVAL C A MEANT -OF -WAR PERMIT FRON THE BUILDING k SAFETY DEPART MENT HALL BE REQUIRED FOR ANY WORK IN M£ PUBLIC RIGHT OF WAY PRIOR TO PERMIT ISSUANCE. A CERTIFICATE OF INSYJRANCE MUST BE FILED
NAM ING THE CITY OF BEAUMONT AS AN ADDITIONAL INSURED ON THE PERMITTED POLICE IN THE MINIMUM AMOUNT O (I61,000000.00 FOR EACH OCCURRENCE OF LIABILITY INS
URANCE SURANE COMPANY
PIPE ME POLICY MUST NAVE A RATING OF A OR BETTER AND A SIZ E CATEGORY OF CUSS VII OR BETTER AS ESTABLISHED BY " BESTS" KEY RATING GUIDE.
5 NO WORN SHALL BE COMMENCED UNTIL ALL PERM ITS HAVE BEEN BBTAIRE) FRON ME CITY AND OTHER
APPROPRIATE AGENCIES
6. PERSON OF THESE PLANS MAY BE REWIRED IF ME PROPOSED IMPROVEMENIS ARE NOT CONSTRUCTED PRIOR TO ME DEAOINE DATE OF HE IMPROVEM ENT AGREEMENT.
) NO SESSIONS HALL & MADE TO THESE PLANS WIMWT THE WRITTEN APPROVAL OF THE Ott E NGINEER, NCFD WAIN ME REMAC N BLOCK, ON THE APPROPRATE SHEET OF ME PLANS AND TIRE SHE ET .
8. ORIGINAL DRAWINGS SHALL BECO ME THE PROPERTY OF ME CITY UPON BEING WIN ED BY THE CITY
ENGINEER
9 THE ORIGIN AL WRON G SHALL BE REAPED TO REELECT AS -BUILT CONDITWS BY THE
ENGINEER -OF -WORK PRIOR TO MNAL ACCEPTANCE OF ME WORK BY ME OTT ID AC
CESS FOR THE AND OMER EMERG: CY VEHICLES SHALL RE MAINTA INED RN TO THE PROJECT AT ALL IM ES DURING CONSTRUCT.
IN WHERE TRENCHES ARE WTHIN. CITE EASEMENTS A SOILS REPORT COMPRISED CF:
SUMMARY SHEET
B. LABORATORY WURK SHEETS
C. COMPACTION CURT., HLL SUMITTED BY A OF STATE OF
CAUFORNA PRIM IC AULTADO GS .SINSE N THE PFIELD OFF APPLIEDD SN LS MECH ANICS TH E SOU REPORT WILL BE SURMISED N THE CITY ENGINEERIN G INSPECTOR WHIN TWO. WO RKIN G DAYS. OF COMPLETION M R. TESTS THE WRITTEN FT. COMPACT.REPCRI(S) SHALL BE IMMEDIATELY L SUBMITTED TO ME CITY ENGNEERIM INSPECTOR UPON COMPLETION E ME R. TESTS 11 A PRECONSIRUCRCN MEETI NG SHALL BE HELD AT THE SITE PRIOR TO ME REGNNING OF WORK AND SHALL BE ATENOEO BY ALL REPRESENTARV£S RESPONSIBLE FOR CONSTRUCTION, INSPECTION, SUPERVISION, TESTING AND ALL OMER ASPECTS OF M£ WO RK. ME CONTRACTOR SHALL SCHEDULE THE MEETING BY CALLING ME INSPECTOR LINE AT (951) 5)1-5124 AT LEAST PE (5) WORKING DAYS PRIOR '�L TO STARTING CONSTRUCTION. APP ROVED DRAWINGS MUST BE AVAILABLE PRIOR TO SCHEDULING.
V I3. ALL INSPECTION REQUESTS OSIER THAN OR ME PRECONS HUCR ON MEE TING KILL BE MADE BY CAIUNG N 'SEE
E BUILDING AND SAFEET INSPECTION FEWEST SU EZ
AT (951) SPA -3124. INSPECTION RE WESR' MUST
BE £EC£IHN PRIOR i0 1'W PM. ON ME DAY BEFORE IHE INSPECEON IS NEEDED. INSPECTIO NS 'ALL BE D HE NEXT WORK DAY UNLESS YOU R EQUES T OMERW& REQUESTS MAD E A FTER 2 00 P.M . NIL. RE
SCHEDULE D FOR TWO OUR WORK OATH LA TER
It THE OWNER ANO/OR APPLICANT THROUGH THE DEVELOPER AND/OR CONTRACTOR SHALL DESIGN, T CONSTRUCT AND MAINTAIN ALL SAFETY DENC£$ INCLUDNG STORING, AND SHALL RE SOL ELY V J LAWS ASSCO .REGULATONS
N I5 THE CONTRACIOP SHALL CONFORM TO LABOR CODE SECTION 6705 BY SU BM ITTING A DETER PLAN TO ME Ott ENGINEER AND/ON CONCERNED AGENCY SHOOING ME DES. M SHORIN G BRACING SLOPE OR O
-1
IV
CM)
O)
IF ANT ARCHAEOLOGICAL RES GLLRSES AR£ DIISCSWRED NTMrN ANT WORK Z ONE DURNG CONSTRUCTION, �J OPERATONS KU CEASE IMMEOIAIQY, 550 ME PERMITE E WILL NOTIFY ME Cr1Y ENGINEER. OP ERA TONS
DURING THE EXCA VATION OF SUCH TRENCH OR TRENCHES OR DURING THE PIPE INSTALLATION THEREIN THIS PLAN MUST RE PREPARED FOR ALL TRENCHES FIVE FEET (5) OR MORE IN DEPTH AND APPROVED BY THE CITY ENGINERP AND/OP CONCERNED AGENCY PRIOR TO EXCAVATION IF THE PLAN ARIES FROM THE SHORING SYSTEM STANDARDS ESTABLISHED BY THE CONSTRUCTION SAFETY ORDERS. II ND B CONTRAC A ADMINISTRATIVE CODE, TH E PLAN SHALL B£ PREPARED BY A REGIS.. ENGINEER AT ME
CONTRACTORS EXPENSE A COPY OF THE OSHA EXCAVATOR PER MIT MUST BE SURMISED TO THE
INSPECTOR PRIOR TO EXCAVATION
WILL NOT RESO RT UNTO THE PERMITTE HAS RECDVCD WRITTEN RUDERIIY FROM THE CITY ENGINEER TO DO SO.
I, ALL OPERATOR S CONDUCED ON ME SIP OR ADJACENT THERETO SHALL ADHERE TO THE NO .S£ ORDINANCE DINANCE ETT E EDTH BY RE CITY LE. OF DECO RSU ICIPAL CODE SPED . FOR ALLOPERATIONS AREA PAND WALL BE U NITED BY ROE PER IOD. VOVSIRUCTONO SE ACM.. WM BE UN ITED TO THE PERIOD BETWEEN 7:00 A.M. AND BO O P .M. EACH DAY MONDAY THROUGH FRIDAY. UNLESS OTHERWISE PERMITTED.
1OFF -SITE HAUL ROUTES SHALL B£ SU BMITTED BY THE CONTRACTOR N THE CITY EN GINEER. FOR
APPROVAL TWO NIL WORKING DAYS PRIOR TO BEGINNING OF WORN THE CONTRACTOR SHALL BE
RESPONSIBLE FOR ANY DEBRIS OR DAMAGE OCCURRING ALONG ME HAUL ROUE OR ADJACENT STREETS AS A RESULT OF ME GRADING OP....
19. NO BUSTING SHALL BE COMMENCED WITHOUT A OTT ENGINEER APPROVED BLASTING PROGRAM AND BLASTING PERMIT.
20. ME EXISTENCE AND LOCATION OF UTLITY STRUCK&S AND FACTURES SHOWN ON ME CONSTRUCTION
PLANS WERE OBTAINED BY A SEARCH OF ME AVAILABLE RECORDS ATTENTION IS CALLED TO ME
POSSIBE E YISENCE OF LAMER UTILITY FACTURES OR STRU CTURES N OT SHOWN OR IN A LOCATION PREERENT FROM THAT SHOWN W THE PLANS. THE CONTR ACT. IS REWIRED N TAKE DUE
PRECAUTO NARY MEASURES TO PROTECT THE MUTES SHOWN ON ME PLANS AND ANT OTHER EXISTIN G FACILI DES OR STRUCTURES NOT SHOWN.
XI. THE CONTRACTOR S HALL VERIFY ME LOCATION NE ALL EXISTING FACTURES (ABOVEGRWNO AND UNDERGROU ND) WITHIN THE PROJECT SITE SUFFICIENTLY AHEAD OF THE CONSTRUC.ON TO PERM IT ME
REVISIONS OF THE CONSTRUCTION PLANS IF IT IS FREW THAT THE ACTU AL LOCATIONS ARE IN CO NTR OE W TH ME PROPOSED MURK.
12. ME INGTOATHR STALL NOTIFY AG CCTEO UTIU,R COMPANIES (SEE BELOW) Ai LEAST COORDINATE WORK WM A COMPANY REPRESENTATIVE.
UNDERGROUND ALERT (800) 422-4165
SMRIERN CALIFOCALIFORMA POISON (800) 409-2665
AMT (700) 892-012 5
RIME WARNER CABLE () 340-1125
COX COMM UNICATIONS (sae) 41J-J91J
23. IN ACC:MANCE' THE 0, STORM WATER STANDARDS ALL STORM DRAIN INLETS CONSTR UCTED BY THIS PLAN SHALL INCLUDE 'STENCILS* BE ADDED TO PROHIBIT WA STE DISCHARGE DOWNSTREAM. STENCILS SHALL B£ ADDED TO THE .ITSFACTO N E THE CRY ENGINEER .
CITY OF BEAUMONT, CALIFORNIA
STORM DRAIN IMPROVEMENT PLAN
TRACT NO. 31462-23
STOR M DRAIN NOTES:
I. THE CTHEREMOR SHALL C NSIRUCT HE D CONICS I MPROVEMENT SHOWN ON THE DRAWINGS IN CONFORMANCE
WM THE REOUISMENT OF THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
DESIGN ANNUAL STA NDARD DRAWINGS, RECE NT IDCON
FORMA NCE AND IN CONFORMANCE WITH ME REQUIREMENTS OF THE BEA UMO NT DRAINAGE MA NAGEMENT PUN.
0 ME CONIRACUIR 5 REWIRED IE CONTACT ALL UTILITY AGENCIES REGARDING TEMPORARY SUPPORT AND SNORING REWIRE.. FOR THE VARIOUS M ORES SHOWN IN THE PLANS A CONSTRUCTION I NSPECTION WILL B£ REFORMED BY CITY OF BE NNO.. CONTACT (951) 169-8620 THE CITY MUST BE NOTIFIED ONE WEEK PRIOR 10 IN MI
CONSTR..
4. ALL PATNREFERS ICI ME CENTERLINE OF CONSMnTO UNLESS OTHERWISE NOTED 5, STARRING ERA FOR OMR. AND CONNECTOR PIPE REFER TO ME CENTER LINE-CE NTERLINE-INIERS 'E CIION STAR ER
6. FORTY-EIGHT HDQRS BEFO RE EXCAVATION, CALL UNDERGROUND SER VICE UERT I -800-2Z]-2600.
ALL CROSS SECTIONS A RE TAKEN KEN LOCKING UPSTREAM
NELPATONS D. AND SHOWN ARE NBE PROTECTED IN PLACE SHOW N
SE APPROXIMATE
TEDUNLESS OM£RWSE NOTED AU MOTS N OPENING S RESULTING RADA THE CURING OR PAWN REMOVAL OF EXISTING CULVERTS,PIPES OR SIMILAR ST RICTURES N BE ABANDONED SHALL BE SEALED ;i v,/ 6 INCHES OF CLASS OS' CONCRETE IN PIPE CONNECTED N ME MAIN LINE PIPE SHAD CONFORM TO JUNCTION SIRLICT URE N0. 4 (JS 219) UNLESS
OTHERWISE NOMSHE
I). RIPE BEDDING SHALL CONFORM N RCF .C. 8 WCD. STD . DWG. M SIR I2. V IS T HE PPM OF INLET AT THE CATCH BASINS MEASURED FROM THE NP OF THE CURB 10 THE INVERT OF CONNECTOR PIPE.
IS ALL CURBS GUTTERS SIDE WALKS, DRIVEWAYS, AND OMER E XISTING IMPROVEMENTS TO BE RECONSTRUCTED IN KIND PE R WE ST COUNTY STANDARD AND AT H£ SAME E ARON AND LOGRO N AS HE EXISTING I NPROVEAIfMS UNLESS OTHERWISE NOTED . FO R PAVEME NT OVERLAY HID ' MI N FOR FULL UN£ WIDTH 5 REWIRED .
14: P ORN. GRADE USES SHO WN IN PROFILES ARE FOR 100 YEAR FREQUENCY RO WS UNL ESS O EV.
TOWED.
15. ME CONTRACTOR S HALL CO MPLY WITH THE S ATE AND LOCAL SAFE, CODES DURING THE PROGRESS OF WORK .
M. ME W.A.. STILL AWMAIN .AGENT TRADE A NUT, SAFE CLEAN AND SVJR Y CONDITION AT ALL
TINTS AND TO ME SATISFACTION E THE COUNTY'S OR DISTRICT'S IS&CTP, ME ADJACENT STREETS SHLL ODEELKK0OPERCI DLOBONE DEW. WITH
IBLEOFSORAAN 015 N UP ON AADCE DIAACEG NT 01110010ED ATALLB MES.S M£
CON STRUCTION MET HOD OF STREET CLEANING SHALL BE DRY S WEEPING OF AU PAVED AREAS I7. ME CONTRACTOR AGREES T HAT HE/SHE 5 RAO ASSUSE SOLE AND COMPLE TE RESPONSIBILITY FOR THE JOB Al£ CONDITIONS DURING ME COURSE OF CONSTRUCTION OF THIS PROJECT . INCLUDING SAFETY OF ALL
PEFSLN S AND PROPERTY HAT HIS REQUIRE ME NT SHALL APPLY CONTINUOUSLY AND NOT BE U NTIED TO NORAA WORKING HOURS AND MAT ME CONTRACTOR SHALL DEFEND, INDEMNI FY; AND MOLD ME OWNER, CITY OF LCNNECRO�N MHI£HC PERFOR MANCE EMI.. .
WORK WINLESS
IIllS PROJECTEXCEPTI NG .R ( REAL ONST APING FRO M
1M SOLE NEGLIGENCE OF HE OWNERS OR ME DEVELOPER'S ENGINEER.
I8. All PPE L£NCTH S ARE HORIZONTAL PROJECTION S (NOT TRUE LENGTHS OF PIP£) AND AR£ ME BAGS OF INC MIN A. OF QUANTITIES THE CONTACC. STALL DETERMINE THE TRUE OWNTITY OF PIP£ REWIRED FOR Mrs PROJECT PRIOR TO PLACING THE ORDER.
T9. ALL ELEV ATIONS S HOWN ARE TO ME INVERTS OF PIPE EXCE PT W HE RE OT HERWISE NOTED .
AT THE DISCRETION OF HE ENGIN EER AND ME C RY OF BEAU MONT HE CONTRACTOR MAY BE REQUIRED TO VERIF Y, BY PoMOLINC, ME LOCATION OF POENIIAILY AFFECTED UTILITIES .
11. CONTRACTOR SAND DEPOSE OF AU EXCES S EXCAVATED MATERIAL AT MANDATORY DISPO SAL SIZE.
21. A LL ...AND BEDDING AROUND S TRUCNR S AND PI PES SHALL RE WAIRI C. TO NOT LES S SS R 90 PERCENT RELA TIVE COMPACTION EXCEPT WHERE SUCH HAIEN( IS PLACED UNDER EXISTING PAV£0 ROADWAYS THE NP J FEET, MEASURED FROM IHE FINISH PANNE, SHALL BE CO MPACTED TO 95 PERCENT REA.
COMM.
23 ALL SURVEY MONUMENTS . SHAWL. BE REP.. AS REQUIRED. MONU NEMS SIPE BE BED OUT PRIOR TO CONSTRUCTION AND REPLACED UPON COMPLETION OF CONSTRUCTION.
21. IT SHALL DE ME RESPONSIALIIY OF THE DEVELOPER/OWNER OR CONTRACTOR TO APPLY N ME DIRECTOR OF PUBLIC WORKS, CITY OF.. NT FOR AN ENCROACHMENT PERMIT FOR ALL WORK PERFORMED R R. PUBLIC
MAID -OF -WAY, DEDICATEDD AND ACCEPTED FOR PUBLIC USE AND ID BE RCRE TEI&E FDR SATISFACTORY 70000MPLA NCE FOR ALL CURRENT ENUOIES.MAL REGULATIONS DURING THE LIFE OF CONSTRUCTIO N ACTIVITIES F. HIS PROJECT. LU RA, STUDIES AND/OR PERMITS MAY BE REQUIRED.
15. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ME CLEAR ING OF ME PROPOSED WORK AR EA , AND LEAST OW COSTS
S P !ALL )EASING
S C INNI UTILITIES
DOM MUST INFORM NY OF CON STRUCT. SCHEDUL E AT L EAST 48
16. ALL UNDERGROUNO FACILITIES WITH LATERALS SHALL BE IN PLACE PRIOR TO PANG THE 5UR0R INCLUDING BUT NOT LIM PED M. THE FOLLOWING: SEWER, WATER ELECTRIC, STORM DRAINS 1, IT SEAL BE THE &SPAS&TTY OF HE DEVELOPER OR CDIBRAO ROR N INSI A ND MAINTAIN DURING CONSTRUCTION. REGULATORY WIDE AND WARNING SIGNS W ITHIN H£ PRO JECT UNITS AND RS SURROUNDINGS TO PROVIDE SAFE PASSAGE FOR THE OAV£UNG PUBLIC AND WORKERS UNTIL ME ENAL COMPLETION ANO ACCEPTANCE OF ME PRPECI BY ME CRY OF BO UM WT.
78. CONSTREUI PPMECN THAT DISTURB MORE THAN ONE ACRE MUST OBTAIN A NATIONAL POLLUTANT INENT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT OWN S L DEVELOPERS ARE REDUIR£D TO RE A NOTICE OF
INTENT (NOT) WITH ME STATE RARER RESOURCES CONTR OL BOARD WRCB) AND COMPLY WITH ALL R£WIRR EMS OF THE BEAUMONT M ANAGE M ANAGE/SENT PLO BEAU MONT IS CD-PERAINE£ MttH RC. F.C.
W.C.D.
10. ALL STORM DRAINS, CATCH B4RIS, AND STORM WATER RUNOFF FILTER S CREA SE
S WILL BE PROVIDED WOVE ADEWAE
GAPABILMSO N RETAIN SEIN ENN AND ARI A4 AND ORGREA SE TO PREVENT POLLUTER IN STORM W ATER RUNOF IN COMPLIANCE WM THE CITY OF BAUM ONTS &S T M ANAGEMENT PRACTICES AND H£ THE CLINE DRAINAGE APS. PLAN FOR STORM WATER AS WELL A9 BEST MAN AGEM ENT PRACTICES IOENTIRFD IN THE CURRENT REP ORT OF W ASTE DISC.. FOR RIVERSIDE CO R .. IPY REPAIR...
J0. DEVELOPER 5.1 BE FULLY RESPONSIBLE IN ASSURING THAT PROPOSED IMPROVEMENT CONFORM TO THE �L 0OROPPQSE PLANS
TI RESCF CITY
. AND APFRVAL B. Y TOE R DEVA>TaNs Ea. DEVELOPER
PRIVATE ENGINEER'S NOTICE TO CONTRACTOR(S):
1. THE EXSENE AN D. LOCATIO N OF ANY UNDERGROUND URINES OR STRU CTURES SHOWN
ON THESE PLANS ARE OBTAINED BY A SEARCH OF AVAILABLE RECORDS FO THE BEST OF
PPLANIS TECONTRAMIS EREQUIRED TO UTILITIES
PXEGIRIONARYSMDF/SP ES MESE
SD
PROTECT HE MUTES SHOWN AND ANY OMER LINES OR STRUCTURES NOT SHOWN ON MESE PLANS AN D 5 RESPONSIBLE FOR THE PROTECTION OF, AND ANY NAME TO THESE
ONES OR SIRTHE RES
SON
B Z. SHALL ME L BE CONTRACTOR'S RESPONSIBILITY TO N OTIFY THE OWNER OF ALL MOMS
OR ERUCTURES CON CER NED BEFORE STARING WORK,
J. WANTI00 SHOWN HEREON ARE PRONGED FOR BIDDING PURPOSES ONLY CONTACTOR
4. THE �PRNV/E ENGGINSEEERONSIGNING IIONNc LLAANJ NS S S PRIOR R ESPONSIBLE BIDDFOR ING CONSTRIC TION.
E
ACCURACY AND ACCEP TABILITY OF THE DESIGN HEREON. IN HE EK NT OF DISCREPANCIES
ARISING AFER CITY APPROVAL OR DURING CONSTRUCTOR, THE PRIVATE ENGINEER SHALL BE RESPONSIBLE F SOLU OPE... AN ACC. .. SOLUTION ARO REVISE ME PLA NS FOR
EN PR OVAL BY CM(
NOTE:
I. APPROVAL OF MESE PLAIN APPLY ONLY WORN HE JURISCICRON OF THE OOT OF BEAUMO NT. 1 TRENCHING FOR UTILITIES AND STRUCTURES IS NOT ALLOWED UNTIL SOIL COMPACTION REPORT IS N. M. A ND APPRO. BY THE PUBLIC WORK DEPARTMEN,
J THE CRY RES ERVES T HE RIGHT TO REWIRE PENSI ON OF THE APPROV ED ROANS TO CO NFORM WITH CURRENT SD.. AND TO POST A NE W BONG IF CONSTRUCTION H AS NOT CO MMENCED WITHIN TWO T EAS ARP PUNS WERE AP PROVED .
H£ DEVELOPER SH ALL HAVE EOECHNIC AL%OILS ENGINE: L NG FIRM OBSERVE MENCNIN BACKFIRING. AND SOIL COMPACTION OF ALL UTILITY TRENCHES .9N ALL E ASEMENTS AND ROAD RIGHTS OF WAY. TWO SETS OF CO MPACTION REPORTS ERTIMNG MAT WORKS WERE DONE IN CONFORMANCE N STANDA RDS AND CENT,.
E 'NN MAL REPORT SHALL BE SION.
EAC
H CH UTLID TRENCH IS COMPLETED AND CENT IS COMPACTION REPORT MUST RE TWO SUBMIT. 10 ME DEPT OF PUBLIC WORKS AR LEAST WORKING LAYS BEFORE ACC...
BASE NATEPAE ARE PACED M ME
RCP NOTES:
ME CO NCRETE COWLING ON THE INSIDE OR ALL REINFORCED CONREIE PIPES MUST BE INCREASE D TO PROWOE A MINIMUM OF 1-I/2 ' OVER ME REINFORCING WHEN THE DESIG N VELOCITIES EXCEE D 20 FEET PER SECOND TH£ CONCRETE DE SIGN STRENGTH IN MESE REACHES SHALL BE l 'c = 5 .000 PSI FOR VELOCITIES EXCEEDING 20 FEET PER SECOND AND I 'c = 6,000 PSI FOR VELOCITIES EXCEED. 30 fPB.
ME J INIS FOR REINFORCED CONCR ETE PIPES UNDE R PRESSUR E NO W CONDGK. NS SHALL BE WAFER.) IN CONFORMANCE RI N ASH C443.
ALTER NATIVE PIPE M ATE RIALS NOT E:
M£ USE OF CORRUGATED HOP E AS AN ACCEPTABLE ALERN411VE PIPE MARRAS FOR STORM WATER DRAINAGE FACILITIES IS P.N. 50 LONG AS T HE 00 505.. PIPE LMEROL SPECI ECATIDN AND INSTALLATION FOLLOW RIVERSIDE COUNTY ORDIN ANCE 461. THE MINIMUM ALLOWABLE PIPE COVER 5 6 -POET ANO ME MAXI MU M P PE COVER IS 10 -PEST.
WORK TO BE DON E
ME /AW ROVDKMS C'ON SIOF UT RO E F OU CWING W ORK TO BE DA NE ACCCRDITM 55 THESE PON S AR O ME STANDARD SP EGIPIGRO NS A NO STAND. O RAWA OS
1. STAN FORD SPECIE M.ASON8 F OR PU BLC M ORN 'S CONSTRUCTON L'R£E N BCCN: ' (M UST CUMSMT CM 50000 VERSI ON).
1. MNII ON UMFOPM UWFTC' COMM D£NCEa INTO' ( MO ST CU RRENT CITY...
S IRN)..
3. W ORK A REA T RAWL CO NTROL NR OR' R WM. (MOST CU RRENT CI, .O PTED V ERSION) .
1. sp.- OF GLIFORNN DEPONENT GF TRANSPO RTATION. STANDARD SPECIFICAIKIN 5 LATEST ENROU.
RSP D.P.
O ,RA R. NO R. COU NTY TR ORTATIW. DEPARTME NT . FORT ' O RO. I N O. NT 2 ST. OF CALF DCPaRHfNI OF PANSPoR AH M; EATEN ISDWDARD PLANS EDP..
DECLARATION OF ENGINEER OF RECORD:
I HEREBY DECOR£ THA1 IN MY PROFMSONAL OPINMN THE DESIGN OF HE
IMPROVEMENTS AS SHOWN ON THESE PLANS COMPLIES WITH THE CURRENT
PROFESSIONAL ENGINEERING STANDARDS AND PRACTICES AS THE ENGINEER IN RESPONSIBLE CHARGE OF M£ DE SIGN OF MESE IMPROVEME NTS AS OPENE D IN SECTION 6703 OF HE BUSINESS W PROFESSIONALS CODE I ACCEPT NU RESM WSIBILI, FOR SUCH DESIG N. I UNDERSTAN D AND ACKNOWL EDGE THAT THE
PLA S C HEEK
PUN C HECK OF THESE PL ANS BY THE CITY OF BEAU MO NT IS A RE NE W FOR RE
UNTIED PURPOSE OF ENSU RING RAT ME SE PLA NS CO MPLY PH ME CRY PROCEDURES AND OMER APPLICABLE CODES AND ORDINANCES M£ PUN RE NE W PROCESS 5 NOIA DEERMINATON OF ME AL ADEQUACY OF ME DESIGN OF ME I MPROVEMENTS MOOS5 SUC H PLAN CHECK DOES NOT THEREFORE RELIEVE NE OF MY DESIGN RESPOND!.,
AS ME ENGINEER OF RECORD, I AGREE N DEFEND AND MEANY ME CRY OF
B EAU MONT, ITS OFFICES, ITS AGEN M AND ITS EMPLOYEES FROM ANY AND ALL !ABILITY. C U/ MS DAMAGES OR INJURIES TO ANY PERSON OR PRO PERLY ARISING
FROM NEGLIGENT ACE , ERRORS OR OMISSIONS OF ME W OOER OF RECORD, HS
E MPLOYEES MS AGE NTS DR HIS CONSULTANTS
GEORG E ALAN FEY R. CG 0.5920 1.1TE
2/21
EAR N. DAP 11-31-1011
CONSTRUCTION NOTES & QUANTITY ESTIMATE
NO.
O
Q
O
0 0
0 O
0 0
• ALTERNATE CIPCP S 14ML BE C ONSTRUCTED P ER SECTION 306-4 OF RTE SRAM. SPECIFICATIONS FOR PU &lC WORKS
CONSTRUCTIO N (GRCEHBOOK)
ASS ES SOR'S P ARCEL NO.
406-760-M2
=4l CFS
pm= 04 CF 5
DESCRIPTION
04A NIRY UNIT
OONSHUCT 15 ' RC P (SEE PRONE FOR D LOAD)
CONSTR UCT Jr RCP (SEE PROFILE FOR 0 LOAD)
CO NSHUCT 41' RCP (SEE PROfRE FORD 050 0)
COHSMUCF 48' RCP (SEE PRO. FORD LBW)
110
LF.
407
394
LP.
L .F .
PER R .G EC. k W OO. SID DWG
EA.
CON STRUCT C URS 0 000 50 00 BASIN PER COU NTY OF RIL OOHI NE ST NA 500 (W k T ARN PAN) CND. ROLLER PER 0GCC k W.CO SL D WG. NO M 803
LUNSIRUGT .54' RCP (SEE PROFILE FOR 0 GRAS)
03VSTRUCI E. RCP (SEE PROFILE FOR LOAD)
sRs
221
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COGMESS
OMr4.0 CFS
D 6.n Y� (NW WQ=1.0 PS \
Q'I95 CFS \
NW --76 CRS \ \\
=3D CF
INDEX MAP \\ ./.
PREPA RED BY:
PROACTIVE ENGINEERING
CO NSUL TARS WEST , I NC.
25109 JEFFERSO N AVENUE ,
SUITE 100
MARREA . G. 91561
(9511110-6640
APPLICANT/SUBDIVIDER:
ARGENT MANAGEMENT
1391 MORSE RAK
IRVI NE CCA 9 1614
pay) 2,-8003 GIMP
(ARrj 721-0525 MOBIE
CONTACT CHERRY< HOM PSON
Go -23 CFS
Den,=4.4 CFS
04 .2
OMW?SOP'M1 CS
SCALE l'=200•
ABBREVIATI ONS A ND LEGEN D
RCP 00/0 CONCREE PIPE
CA P C ORRUG/ 000 MEIN PI PE
HP WORN.C G'R AOE NN E
ROP NP OF
PIP E
ROT QUTTOM SE P PE
SD NOW DRAIN
NW INVERT
PROP PROPOSED
PST EOM.
• TOP OF CURB
• ROWTINE
FS NM.. SU RFACE
CB fANH BASI N
PRC POOP OF EtERSE C URVE
BC BEGIN CURVE
EC END COW£
GB GRADE BREAK
O FLO W RAE
WP WATER
SOU R SANITARY SEWER
FM FORCE MAN
LOW=S) CFS
DemB.3. CFS
q,I M=9.e LES
ON -R0 CFS
Ib -O.8 CFS
PROPOSED STORM ORNN
- PROPOSED BAS
EX SRAO NO RM BRAIN
RIGHT E WaY
— — — — PACT BOU NDA RY
-- — SIRE, CENTERLINE
SH EET NTC.VE
CH
000 U E
EXIS TING SEWER
OAWC NT
PROPOSED WATER
PROPOSED SEWER
MAINT ENANCE NOT E'
ALL STOR M OWN FACTORIES P ROP OSE D ON HI S PLAN AR E
MAINTAI NED BY THE CITY OF BEAUMONT UNLES S OTHERWISE NOTED
ON STORM DIM M OTE
DOWNSTREA M FACILITIES NOTE:
PROECT 5 SQUIRED TO CONSI.WCT DOW NSTREAM FACILNS IF
NOT CONSTRUCTED Al TIME OF COJNECT10N.
IN DE X OF SHEETS:
TILE S NfCI - 5CINUY FOP - GENERAL NOES - LEGEND
- CONSRBJCTON X01£5 - WANRTES - WOOL MAP
S F £T Z - MGM GRAI N USE 'C' SPA 1'149 090 TO 22+0.00
BEET J - NORM ORIIN USE 'CT A. T2+0.0.00 ICI 2P+TO.IB
STORM DRAIN LINE'CY 515 Y000 000 N II +EBT7
tItt l e r r
f V,
DIAL TOLL FREE
8-1-1
ST LEAS T M'0 OATS
BEFORE YOU OIL
UNDERGROUND SERVICE ALEiT OF SOUTHERN OAlEORIIN
BASIS OF BEARINGS
DESCRIPTION'
DIE OAS IS tK COOR DINATES POTS
IR IS MAP IS TH E CALIF OR NA SATE
PLAN E COORDINATE SYSTEM, 19&3.
ZONE 6; BASED LOC ALLY ON
CON TRO L STAMPS "REST' AND
BEARING: N 2739'52" E
BENCHMARK
ES CR IPTIO N U SCS ...ENT 'REST'
Be CHASAR K DISK SET IN TOP OF
CONCR ETE MONUM EN T S TAM PED 'R EST
1972* ON DES ERT LAW N ONE ACROSS
THE DR IVE FROM DESERT LA WN
CEM ETER Y 253 FF NE OF THE DRIVE
CEN TE RLINE 4. 9 FT W. OF S.
EDGE OF PE SOUP EASTBOUND LANES'
OF IN TERSTATE HIGHW AY 10
ELEV.. 2491.44, NEVI) 29
PROACT IVE
W
CON SULT AN TS WEST. INC.
DESCRIPTION
REVISIONS
' b
TI/22/2 1
DA TE
ReneweE By :
CITY OF BE AUMONT, CALIFORNIA
En crow
Recommended for Appr ov al By. Dat e. *TTINIRI
Approved BY: 00t 0A112Y2021
JOB NUMBER:
06 002 .0 00
City of Beaumont, Public Works Departm ent
En gineer in g Division
STORM DRAIN IMPROVEMENT PLANS
TRACT NO. 31462-23
TITLE SHEET — VIMITY MAP — GENERAL NOTES
L EGEND — CONSTRUCTION N OTES —
QUANTITIES — INDEX MAP
SHEET
1 OF 3 SHEETS
ORAVVIG IMF
ARGENT MANAGEMENT
NS MA
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BASIS OF BEARINGS
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SHEET
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Recommend. for A pprov Al 52
STORM DRAIN IMPROVEMENT PLANS
TRACT NO. 31462-23
STO RM DRAIN LIN E 'C e
5 A: 1I+92.90 TO N/A: 2 2+00. 00
oa x11 c o.Rer,ewetl
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DIAL TOLL FREE
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ZONE 6; @LAID LOCALLY A
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BEAR/1+G: N 273952" E
PROACTIVE
Approved By: ,,,,11,23/2.021
aw
] W/11/2 1
YANG NAME:
V '2/ 2'
�,
unxx
opvup mN
C ty of Bea umont PublicY Works Dep artm ent
En gineer ing Division
n 05 55 5
REVISIONS
mr
x, ee. 05757 T,771',1_. °E T`
Tex. ARGENT MANAGEMENT
3398
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BEAUMONT
-:� C 4 L 3 K b N k A ---
City of Beaumont
550 E. 61h Street
Beaumont, CA 92223
(951) 769-8520
www.beaumontca.gov
Case No. PW2025-0208
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
2, Con€act's Address 980 Montecito Drive, Suite 300 Corona CA 92879 Phone 951-415-2974
City/State/Zip
5. Contact's [email protected]
3. Developer Name D. R. Horton Los Angeles Holding Company, Inc. Phone951-415-2974 (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. 30'525'2 / TR 3
/62 26 / Street Improvements
New Bond #: 9473421
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
8. Developer/Contractor has completed all the following items prior to requesting release or has 1n juded them in the application.
• Remo :kid replace concrete and AC as needed where lifting. • Provide AC Z-ra;k fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II sl[n coat for all road surfaces.
• RestoreNerify pavement-'A4dping/markings.
• RestoreNerify blue dots and s ae as needed.
• Clean and camera sewer. Provide repi}rt_zn_ d video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade within Right -of -Way. • Provide Landscape Architects Certification as required.
Print Name and Sign -- Contact/Applicant Cat
I RECORDING REQUESTED BY:
CITY CLERK.
WHEN RECORDED RETURN TO:
City Cleric.
City o€ Beaumont
I 550 E. 6th Street
1 Beaumont. CA' 92223
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL MAP NO. 31462-26
DATE OF AGREEMENT: April 15th, 2025
NAME OF SUBDIVIDER:DR Horton Los Angeles Holding Company, Inc. , a California Corporation to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT: PA 18A subdivision consisting of 77 residential lots, , originally approved on
, and Tentative Tract/Parcel 31462 ("Tract/Parcel" or
"Tentative Tract/Parcel Map") , originally aooroved on: September 8th, 2016 . (hereinafter referred
FINAL TRACT/PARCEL MAP 31462-26 APPROVED ON
RECORDED ON 3/9/2023 AS INSTRUMENT NUMBER 2023-0069122
,"Final Tract Maa/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. EST. TOTAL COST OF EST. TOTAL COST OF.
PUBLIC IMPROVEMENTS: PRIVATE IMPROVEMENTS: MONUMENTATION:
818,131.85
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 9473421 - PA 18A Street Improvements
LETTER OF CREDIT NUMBERS:
FINANCIAL INSTITUTION:
1
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".
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 requiredbysaid. 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 filein the Office of the City Engineer and areincorporated 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 thecost 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 theImprovement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B".
G. Forthe 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:
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 shallacquire and dedicate, or pay the cost of acquisition by. the City, of all rights -of -way, easementsand. 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 andproperty 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.
2. Improvement Securities.
(a) Subdivider agrees•to.secure this Agreement with good and sufficient improvement securities ina 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, asdescribed in Exhibit "A". Said securities are estimated at this time in Exhibit "B" .to bein the following amounts, and shall be for the purposes described as follows:
0)818,131.85 and 00/100 DOLLARS ($XXX,XXX.XX) to ensure. faithful performance of the construction and installation of the public and. private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and 00 818,131.85 and 00/100 DOLLARS ($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%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in theform
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 defectivework 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 thelots 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. Securitiesrequired by this Agreement shall bekept 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
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 allthe 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 extensionis 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
drainage plan isnecessary in. the public interest, it will undertake such design and construction changes as may be reasonableand 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 a•ny 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 Subdividers registered civil engineer statingthat 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 Subdividers 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. al.l.costs.of inspection and .certification.of.the.Improvements
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 untilafter 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 1.1, below, the warrantyperiod shall not commence until final acceptance/certification of the Improvements and related work by the City Council.
(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 forsetting 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 privatestreets; 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. Iniury to Public Improvements, Public Property or Public Utilities Facilities.
Subdivider shall replace or repair or cause the repair or replacement of any and allpublic 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 o•r 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
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; o•r (9) the failure of Subdivider or. Subdivider's contractors, subcontractors, agents or employees to comply with anyother 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 Subdividerspecifying in reasonable detail the nature of the default.
Subdivider shall have thirty (30) days from receipt of said notice to cure the default; providedthat, .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 tocure ..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 . noti.ce 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 deemadvisable, 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 lawor in equity .for.
Subdivider's default under this Agreement. The City shall have the right, subject to this Sections 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.Sub.divider's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the Page9of19
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 ofthe 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 orin 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 failsto fulfill any of the requirementsof 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 workto 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 Citydetermine.. 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 .Subdividercan 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.
12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, officers., employees, or contractors are or shall be considered to be agents of City in connection with the. performance of Subdivider's obligations under this Agreement.
13. Injury to Improvement Work; Risk of Loss. Until such time as the Public Improvements are. accepted by City, Subdivider shall be responsible for and bear the risk of loss to any.of.the Public Improvements constructed or installed and shall be responsible for the care, maintenance of and anyy 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 priorto 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. Uponacceptance 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 theacts 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, commissionsand 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 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/o•r 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.liaability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City. over the written objection of Subdivider, which objection stated that the Improvement design. was potentially dangerous or defective and set forth a safe and feasible alternative design.
After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to corrector eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance.
Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design .and construction of the. Improvements.. and other, work donepursuant to •thi.s 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'sobligations under this Section 17.
18. . Sale or Disposition of Subdivision; Assignment.
(a) Subdivider acknowledges and agrees that sale, transfer orother 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. .
(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. Followingapproval by City and full execution of a novation (or other suchrelease 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 constructionof 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, orbystorm 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 aspracticable..
(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 Agreementare 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.
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, policiesof 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 arecovered 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, Subdividerr 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 Ratinc; 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 beobtained 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 inwriting by Subdivider to • City and subsequently approved by City prior to its execution. of this Agreement and prior to. commencement of any work hereunder. At City's. option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
(d) Certificates and Endorsements Verification. Subdivider shall submit to the City .. original certificates of insurance and endorsements evidencing the coverages required .by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves. the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Recuired Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials; .officers,. employees, agents and independent contractors shall be named. as additionalinsureds 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 an.y 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 'Subdividers insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.
(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 subrogationagainst 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 constitutesthe entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.
28. • . Governing Law; Venue. • This Agreement shall be governed by and interpreted in accordance with thelaws of the State of California. In the event that suit shall be brought by either Partytothis contract, the Partiesagree 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.
29. Runs with the Land; Recordation.
(a) The. Partiesagree 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.
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.
CITY OF BEAUMONT
a Municipal Corporation
Signature: l Signature:
City Manager
Print Name:
Vicki Gullion
Attachments: Exhibit A
Exhibit B
Exhibit C
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)
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 4/1(0/2 o
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(s) is/afe subscribed to the within instrument and acknowledged to me that-he/she/the rexecuted the • same in leis/her/their authorized capacity(ies), and that by fats/her/their signature(s) on the instrument the personl<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.
•• ASHLEY ARRYANN 00 0VAN
f C
� � 9: ;��!�• ;' comm #2417574
o'.e ' J °! NOTARY PUBLIC • CAUFORMA
t 2 %'','& x d ribiERSME COUNTY .
o p My Gommissirm Egres September 22.2926
Signature f` e .< (Seal)
Notary Pub ic
Bond No. 9473421
EXHIBIT "A"
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and .
D.R. Horton Los Anceles Holding Company, Inc. (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Augusta at the Fairways II TR 31462-26 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. 31462-26, 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 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 tight Hundred Eighteen Thousand One Hundred Thirty dollars ($ 818,131.85 ) lawful money of the One and 85/109
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 tothe terms of the agreement or to the work or to the specifications. .•
[signatures on following page]
6
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
By:
Name: Noah William Pierce
Title: Attorney -In -Fact
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.
P NCIPAL
By: I
Name: Vial ()lion
Title: tkEc15 ,* 5 if o-ackr j
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
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 /In 1 �a 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(2) whose name() is/we subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(cs), and that by-his/her/their signature(as) on the instrument the person(g), 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,
Signature
No Pub c
ASHLEY ARAYANN DONOVAN ir
COMM #2417574
NOTARY ?U6Llc - CAUFOANIA
ANERsiCE cQUNTr
Commission Expires Smtembes 22, 2026
(Seal)
STATE OF North Carolina
COUNTY OF Rowan to wit:
I, Bryan M Caneschi, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing instrument this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.
Given under my hand this day of :nr:�k , 2025.
Notary Seat
y��
ublic ublic
My commission expires on the 4th day of April, 2027.
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. AN[) SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State or Illinois (herein collectively called the "Companies"), by...
ROBERT D. MURRAY, Vice President; in pw'suatice of authority granted by Article V, Section 8, of the By -Laws of said Companies,. which are set fortis 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 WHITEHE AI), Jennifer B. GULLET"T, Catherine THOMPSON, Amy R.
WAUGH, Noah William PIERCE and Andrew NI. BENNET"C, ail or Charlotte, North Carolina, EACH its true ;end lawfu€. agent and • Attorney -in -Fact, to make, execute, seal and deliver, far, and oil its behalf as surety, and as its act and deed: any and all bonds and undertakings, and .thc execution Of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Cotnpatties, as fully and amply, to all intents and purposes, as if they had been duty executed and acknowledged by the regularly elected o ftcers of 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 ANJ) DEPOS T 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 or 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 naives and affixed the Corporate Seals of the. said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, send..
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this Ifith day of August, A.D. 2419.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONLAL AMERICAN CASUALTY AND SURETY COMPANY. .
FIDELITY AND DEPOSIT COMPANY OF MARYLAND .
Assistant Secretary
Dawn E. &raswn.
State of Maryland
County of Baltimore
On this ?6th day ofAugust, A.D. 209, before the stibseriber,.a Notary Public o#'the State of Maryland, duly commissioned and qualified, ROBERT D.
MUARAY, Vice President, . and DAWN F: BROW' ,tssistsrat Secretary, of the Companies, to tne.personally !mown to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution a same, and being by me duly swain, 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 signatureas such offer were duly affixed and subscribedto the said instrument by the authority and direetion'of the said Corporation.
•
rice President
Roiserr D. ,tfnsrra} .
1N TESTIMONY WHEREOF, EREOF, f have.hereunto set my hand and affixed my Official Seal the day and year first above written.
POA-F 177-0D35B
Constance A. Dunn, Notary Public
My Commission Expires:July 9, 2023
..�Isieer�Fis.�.
1 '�f fl.11l�tit�•
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attnrnevs-iu-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 Fonds, policies, recagnizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer any such attorney-in-fsct to affix the corporate seal thereto; .and may with or without cause modify of revoke any such appointment or authority at any
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, arid 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 Sy -Laws of the. Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile tinder 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 I 5th day of December 1998. .• RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistarit.Secretary and the Seal atilt Company may be affixed by facsimileon any Power of Attomey..,Any such Power or any certificate thereof bearing such facsimile signature and seat 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 Beard of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of.
May. 3994; 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, shaft be valid and binding upon the Company with the same farce and effect as though manually axed.
TESTIMONY WHEREOF, 1 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 IrtSui- nee Co -
Attu; Surety Claims
[299 Zurich Way
Schaurnburg, 1L 641961-1056
Bond No. 9473421
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 31462-26 • 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. * Eight Hundred Eighteen Thousand One Hundred Thirty One and 85/100 ** $818,131.85 .
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assignsin any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
[signatures on following page]
8
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposit Company of Maryland
SURETY
By:
Name: Noah William Pierce
Title: Attorney -In -Fact
Address: 1299 ZURICH WAY, 10TH FLOOR
SCHAUMBURG, €L 60196
(Seal)
DR_ Horton Los Angeles Holding Company, Inc.
PRINC1 'AL
—711
By:
Name: V
Title: P6SiS r. ' �E.► �"
By:
Name:
Title:
Address: 980 Montecito Drive, Suite 300
Corona, CA 92879
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On 3/ (i/Z-
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person($) whose name(% is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in. his/her/their authorized capacity(tes), and that by his/her/their signature(s) 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.
Signature
Not
▪ ASHLEY ARPYANN DONOVAN
COMM #2417574 g
• NOTARY PUBLIC - CAUFORNIA o
? = RIVERSIDE COUNTY
q � My C rnxessben Expires September 22. 2526
t eal)
Public
STATE OF North Carolina
COUNTY OF Rowan to wit:
1, Bryan M Caneschi, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing instrument this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.
Given under my hand this I day of /14coh , 2025.
Notary Seal
cblic
My commission expires on the 4th day of April, 2027.
ZURICH AMERICAN INSURANCE COMPANY
'COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATFORM'V'
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 DEPOSITT'' COMPANY OP MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies'), by ROBEFLT D. MURRAY, Vice President, in purstiance.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 norn.inate, constitute, and appoint John F. THOMAS, Jynelt Marie WHITEHEAD, Jennifer B. GL]LLET'T, Catherine THOMPSON, Amy R. • WAUGFH, Noah. William PIERCE and Andrew M. BENNETT; ail 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, turd the execution. of such bonds or undertakings in pursuance of these presents, shall he 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 .
FIDELU Y. AND DLP()SI'I'.£OMPANY oy MARYI AND at its o₹3ice 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 hislher 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 1)EPOSITI` COMPANY OF MARYLAND
i5( ,z
i
Assistant Secretary
Dawn 1;. Brown
• State •of Maryland .
• County of Baltimore
• On this 36th day of August, ELD. 2019, before the sub. scribcr,.a Notary Public of the State o.f Masyland, duly commissioned and qualified, ROBERT D.
NIURRAY, Vice Yresidenf, and DAWN E. BROWN, Assistaal.Secretary, of the• Companies, to me personally }sown to be the individuals .anct officers described in and who executed the preceding instrument, and acknowledged the execution of stone, and. being b'y me duly swornn, deposetli and saith, that • • helshe 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 Seats and the signature as suck officer. were duly affixed and subscribed to the•said instrument by the authority and direction of the. said • Corporations.. . • .. . . .
• IN TESTIMONY WHt REOF,•I have hereunto set my hand and affixed my Official Seal the day .and year first above written.
PONT 177-0035B
Constance A. Dim, Notary Public •
My Commission Expires July 4, 2)2.,
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 hoods, 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 Sueh appointment or authority at any time."
CERTIFICATE
T, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OP MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full farce and effect on the date of this certificate; and I do further certify that Article V, Section $, 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 AlvIER]CAN 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 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 Attorney and Certifeate ivay be signed by facsimile under and by authority of the following resolution or 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 I Oth day of May, I99O.
RESOLVED: "That the facsimile or mechanically reproduced seat 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 WITEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies„ this 4th day of MarCh..,.....-.. ......: 205
ft lefr'"40A
An ,'1/4z �.— ia=
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,
Atm: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
RECORDING REQUESTED BY:
CITY CLERK
WI-IEN RECORDED RETURN TO:
City Cleric
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
SPACE ABOVE THIS LENT: FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO, 3'1462-23
DATE OF AGREEMENT: March 7th, 2022
NAME OF SUBDIVIDER: Meritage Homes of California, 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 31462 ("Tract"
or "Tentative Tract Map") ,
originally a -)proved on September 8th, 2016
FINAL TRACT MAP APPROVED ON RECORDED ON
AS INSTRUMENT NUMBER: "Final Tract 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:
$ $416,7'17.40
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
$
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: Bond No. 30148212 for PA22B Street Improvements LETTER OF CREDIT NUMBERS:
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 ofCaiifornia. €nc. , 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 ail of the improvements as approved by. the City Engineer.
F. An estimate of the cost for construction ofthe public and private improvements and performing the land development work according to the Plans has been made and approved by the .C.ity Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, andthe basis for the•estimate• is attached hereto as Exhibit "B" and incorporated and Page2of19
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 "S" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement. (c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational. (d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all right-of-way, easements and other interests in real property required for construction or installation of the improvements, free and clear of all liens and encumbrances. Subdivider's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development.
(f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as
specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.
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:
(i3 $416,717.40 and 00/100 DOLLARS ($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% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) and 00/100 DOLLARS ($XXX,XXX.XX)
to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) o₹ the estimated cost of the Improvements; and (iii) and 00/ 100 DOLLARS ($ 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 0O/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 lotcorners 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 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 fling, 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) Subdivideragrees 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 orterminated 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 1O% of the original estimated coast 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 safetyor 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 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 forinspection 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 securitiesheld 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. 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.
(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 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 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 discretion, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the cost of such repairs.
12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement.
13. Injury to Improvement Work; Risk of Loss. Until such time as the Public Improvements are accepted.by City, Subdivider shall be responsible for and bear the risk of loss to any of the Public Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City. All such risks shall be the. responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times.
14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other Subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment
15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), . and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii),. Subdivider shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements, and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.
16. Vesting of Ownership. Upon acceptance of the Public Improvements and related. work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Improvements constructed within the Private streets in the Development shall vest in the. name of the City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.
17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, subcontractors or employees in the performance of this Agreement.
Subdivider hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with 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 damageto 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 designor 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 completionof 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 orentity 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 orproposed assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor
(b) . Any proposed. Successor must demonstrate to the City its ability to perform and complete the. obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to .establish that the proposed Successor meets the standards specified herein. Following approval by City and. full execution of .a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory.
Improvement Securities and submission of required insurance by Successor, City shall. release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider,. Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement for work or Improvements performed by Subdivider prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Comrsletion 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.
(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: City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attn: City Manager
With a Copy to: John Pinkney, Esq.
SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
Notice to Subdivider: Meritage Homes of California, Inc. 5 Peters Canyon Rd, Suite 310
Irvine, CA 92606
Attn: Efrem Joelson
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.
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 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 Fundshall 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.
(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 priorwritten 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 orsubcontractor 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 herebyy 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 tothe subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.
28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts 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 unlessa 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. Authorit _oof 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.
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
Subdivider:
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a C- tiornt? . CG,,
City:
CITY OF BEAUMONT
a Municipal Corporation
ATTEST:
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City Clerk
APPROVED AS TO FORM:
John Pinkney, City AttcSrney
APPROV • AS TO CONTENT:
Pu 'r4-l1/d/-kt
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)
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
7 On /!arc -L, O&i ZOZ2— before me, 4hc✓2'4..)., ;Ver7'-"- r71`c,Terzf /2h1'C _..
Date Here Insert Name and Title of the Officer
personally appeared
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
kt =' Orange County
� Commission # 2365034
•�:�o.�''� 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:
Signer(s) Other Than Named. Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:,
❑ Corporate Officer - Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑Corporate Officer Title(s):
❑ Partner - ❑ Limited ❑ General
o Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
❑ Attorney in Fact
❑ Guardian or Conservator
©2019 National Notary Association
/���► / - 036
Bond No. 30148212
EXHIBIT "A"
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Meritai:e 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 lefruicey •Z( , 20 whereby Principal agrees to install and complete certain designated public improverfients itemized and described on Tract Map, Parcel Map or Plot Plan No. Tract 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 The Continental Insurance Company 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 and 40/100 dollars ($416,717.40) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
[signatures on following page]
6
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on January 21 , 2022.
(Seal)
The Continental Insurance Company
'SURETY
By:
Name: James I Moore
Title: Attorney -in -Fact
Address: 151 N. Franklin Street
(Seal)
Meritage Homes of California, Inc.
By:
Name: ("LEi✓ A ,
Title: d A.I.Taoih9L LAVO Day esA:a i k/7
BY /11.'1
Chicago, IL 60606 Name:
1 4 la S �C vzza
v e c_ FO
Title: ,
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 7
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 February 1, 2022 before me, Jeanne A. Malys , Notary Public, personally appeared _Glen A. Tulk, Vice President - National Land Develor,ment of Meritage Homes of California, Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature l_ �
r
JEANNE A. MALYS
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
COMMISSION # 590544
MY COMMISSION EXPIRES
OCTOBER 17, 2024
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
PARTNER(S) ❑ LIMITED
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity
GENERAL
Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
DATE OF DOCUMENT
Reproduced by First American Title Company 11/2007
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 February 1, 2022 before me, Jeanne A. Malys , Notary Public, personally appeared Hilla Sferruzza, Executive Vice President - Chief Financial Officer. Merita,ge Homes of California. Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JEANNE A. MALYS
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
COMMISSION # 590544
MY COMMISSION EXPIRES
OCTOBER 17, 2024
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
PARTNER(S) ❑ LIMITED
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
GENERAL
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/2007
STATE OF ILLINOIS
COUNTY OF DUPAGE}
On January 21. 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
1 Sinem Navy, Notary Public
OFFICIAL SEAL
SINEM NAVA
Notary Public - State of Illinois
iylv Commission Ex -,Ares Av. 28, 2025
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.
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
AIF"----
Paul T. Bruflat 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. + +
M. BENT
NOTARY PUBLIC+
SOUTH DAKOTA
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 21st day of January, 2022.
The Continental Insurance Company
D. Johnson
Assistant Secretary
Form F6850-4/2012
Go to www,cnasuret .Corn > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Bond No. 30148212
EXHIBIT "B"
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Merita,e 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 1aary ( , 20 2 -whereby Principal agrees to install and complete certain designated. public improverant which is hereby incorporated herein and made a part hereof; and WHEREAS, underthe terms of the said agreement, the Principal is required before entering upon the performanceof thework, 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 otherpersons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section o ixt d Hundred
9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of FseveniurHuneendreanddSanoo,sai6eenThousan�tzaoiSeven for materials furnished or labor thereon of any kind, or for amounts due unc er t ie Jnemp oyment 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 herebyy waive notice of any such change, extension, alteration, or addition,
[signatures on following page]
8
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on January 21 , 2022.
(Seal) (Seal)
The Continental Insurance Company Meritage Homes of California, Inc.
URETY
By:
Name: James I Moore
Title: Attornev-in-Fact
By:
Name: G LEA-, A • - ,
Title: V f - ,U -T ,va ` [-AN J DL v o e v►1 7
Address: 151 N. Franklin Street By: 77/
/
ChicaLo, IL 60606 Name: t `�l '�C.� (QZZ a-
`� £.
p .
Title: f J ice D
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9
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 February 1, 2022 before me, Jeanne A. Malys , Notary Public, personally appeared Glen A. Tulk, Vice President - National Land Development of Merita.,e Homes of California, Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
JEANNE A. MALYS
NOTARY PUBLJC - ARIZONA
MARICOPA COUNTY
COMMISSION # 590544
MY COMMISSION EXPIRES
OCTOBER 17, 2024
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLES)
PARTNER(S) ❑ LIMITED
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
❑ GENERAL
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/2007
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
On February 1, 2022
before me,
)SS
Jeanne A. Malys
, Notary Public, personally appeared
Hilla Sferruzza, Executive Vice President - Chief Financial Officer, Meritage Homes of California Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
JEANNE A. MALYS
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
COMMISSION # 590544
MY COMMISSION EXPIRES
OCTOBER 17, 2024
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
❑ LIMITED
PARTNER(S)
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
GENERAL
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/2007
STATE OF ILLINOIS
COUNTY OF DUPAGE}
On January 21, 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
SINEM NAVA
Notary Public - State of Illinois
My Commission Expires P.1_9;,..28, 2025
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT D. Johnson
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 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 Attomey 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.
o
ti
The Continental Insurance Company
Paul T. Bruflat /Cice 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. +.,es..,,4%%%%%%........%' %%%% +
M. BENT
NOTARY PUBLIC
SOUTH DAKOTA $ :
+ .................w...% +
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 21st day of January, 2022.
The Continental Insurance Company
Assistant Secretary
Form F6850-4/2012
Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
CONSTRUCTION COST WORKSHEET
"PLAN CHECK FF,F EST"
Approved
NV5
11/09/2021
PARCEL MAP OR TRACT NO: Street Improvement Plans - Tract No. 31462-23 DATE: 11/3/2021
PP, CUP NO.:
BY: George A. Lenfestev
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 =
416.717.40
416,717.40
93,761.41
10,417.93
500.00
16 668.70
750.00
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 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 /VV..�,� 3 -Nov -21
Engineer's Signature Date
George A. Lenfeste\
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.
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.
11/3/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT;
Street Improvement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
STREET IMPROVEMENTS
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
Roadway Excavation
C.Y.
1. Projects with a grading plan area x 0.50'
(hinfe point to hinge :3oint) ( st)
$ 15.00
$ -
2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fill (f) _
C.Y. (c or f (a.)
Excavate and Fi11
$ 0.40
$ -
C.Y. (f - c) ;
(b.) Excavate and Export
$ 1.10
$ -
(c.) Import and Fi11
$ 2.80
$ -
If balance, provide (a.) only, either cut or fill
-.
If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut 'Unit costs for (a.), (b.) & (c.) are 20% of acrual
costs to assure that work will be corrected to
_
f
eliminate hazardous conditions.
$
S.F.
Remove A.C. Pavement
$ 1.00
$ -
L.F.
Remove Curb and Gutter
$ 4.00
$ -
L.F.
Remove A.C. Dike
$ 3.00
$ -
S.F.
Remove Sidewalk
$ 3.00
$ -
L.F.
Sawcut & Remove Exist. A.C. Pavement
$ 2.00
$ -
6 E.A.
Blue Pavement Reflector
$ 750.00
$ 4,500
$ -
$ -
$ -
$ -
$ -
$ -
$ -
4,500
11/3/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Street Improvement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
STREET IMPROVEMENTS aCont'd.
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
Remove Chain Link Fence
$ 2.50
$
EA.
Remove Barricade
$ 200.00
$ -
1,019
I TON
Asphalt Concrete -144 lbs/cu. Ft.
156.601 SF (4 0.25')
$ 90.00
$ 911,694
1.048
C.Y.
Angreete Base Class II (56.601 SF g, 0.50')
$ 50.00
$ 52,408
_
TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals', (0 SF)
$ 600.00
$ -
$ -
_
a 1 at 0.05 + 0.03 = 0.08 vial/SY
S.F
A 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. '
$ 0.90
$
S.F.
Remove A.C. Pavement
$ 0.50
$ -
L.F.
Curb and Gutter (Wedue Curb '+ _ _,
$ 8.00
$ -
3,426
L.F.
Curb and Gutter (Tvpe A-6)
$ 10.00 1
$ 34,260
L.F.
Curb and Gutter (Type A-8)
$ 12.00
$ -
$ -
$ 10.00
Type "C" Curb
L.F. I
L.F.
Type "D" Curb
$ _ 15.00
$ -
L.F.
A.C. Dike t6" h (incl. material & labor
$ 8.00
$ -
$ 10.00
$ -
A.C. Dike i 8" I tincl. Material & labor)
L.F.
734
S.F.
P.C.C. Cross Gutter and Spandrels
$ 10.00
$ 7,340
20,970
S.F.
P.C.C. Sidewalk
$ 6.00
$ 125,820
4,608
SF
P.C.C. Drive Approach (48 16' Wide)
$ 8.00
$ 36,864
2 EA.
Handica_ped Access Ramp
$ 1,500.00
$ 3,000
EA.
'P.C.C. Drive Approach
(individual lot driveway approach per finished grading plan) $ 8.00
$ -
S.F.
Join Existing Pavement p Grind & Overlay Exist. A.C.)
$ 4.00
$ -
$
$ -
SUBTOTAL
$ 351,385.95
11/3/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Street Improvement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
STREET IMPROVEMENTS tCoact. 1 _
QTY.
UNIT
ITEM
UNIT COST
_ AMOUNT
2 EA.
Street Name Si,:,:I
$ 250.00
$ 500
EA.
Delineators -per Caltrans Std. A73C,
Class 1_ Type F
$ 40.00
$
E
EA.
Object Markers - Modified Type F
Delineators, Riverside County
$ 40.00
$ -
34 L.F.
Barricades
S 28.00
$ 952
L.F.
Utility Trench, one side (Edison, Telephone, Cable) (1'/2 Total length of streets) -
$ 10.00
$ -
L.F.
Chain Link Fence (6')
$ 12.00
$ -
L.F.
Remove Fence
$ 4.00
$ -
EA.
Remove Power Pole
$ 1,200.00
$ -
EA.
Street Lights (including conduit)
$ 5,000.00
$
EA.
Street Trees (15 won)
$ 150.00
$ -
EA.
Remove Existin, Concrete Bulkhead
$ 500.00
$ -
EA.
Concrete Bulkhead
$ 200.00
$ -
C.Y.
Structural Reinforced Concrete
$ 400.00
$ -
EA.
Slope Anchors for Pit es
$ 300.00
$ -
L.F. -
Cut Off Wall Std. 2'
$ 5.50
$ -
EA.
A.C. Overside Drain
$ 500.00
$ -
EA
Under Sidewalk Drain
$ 1,800.00
$ -
S.F.
Terrace Drains and Down Drains
$ 6.50
$ -
S.F.
Interce for Drains
$ 6.50
$ -
4 EA.
Gutter Depression for Curb O eni Catch Basin Case B
$ 1,500.00
$ 6 000
2 EA.
Gutter De+ression for Curb O Beni _ Catch Basin Case C
$ 1,500.00
$ 3,000
EA.
Access Drivewa or Storm Drain at Cul-de-Sac
$ 640.00
$
1 EA.
"STOP" Pavement Marking
$ 200.00
$ 200
1 EA.
Limit Line
$ 75.00
$ 75
1 EA.
R1 "STOP SIGN"
$ 250.00
$ 250
EA.
W14-1 "DEAD END" Sign
$ 250.00
$ -
EA.
S4-5 "SCHOOL ZONE AHEAD" sign
$ 250.00
$ -
EA.
SR4-1&CA) "SCHOOL ZONE" sivn
$
$ 250.00
$ -
SUBTOTAL = $ 10,977.00
11/3/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Street Improvement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
QTY.
STREET IMPROVEMENTS (Contd. )
UNIT
ITEM
UNIT COST
AMOUNT
C.Y.
Rip Ra 7 (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 Ri 5 Rap (1Ton) Method B
$ 60.00
$ -
C.Y.
Grouted Rip Rao (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.
L.F.
60" RCP
$ 160.00
$ -
72" RCP
$ 200.00
$
L.F.
$ 1.00
$ -
L.F.
$ 1.00
$ -
EA.
H.D.P.E. Clean Out
$ 400.00
$ -
EA.
Drain Basin
$ 400.00
$ -
EA.
EA.
Curb Outlet
$ 3,000.00
$ -
Fossil Filters
$ 500.00
$ -
EA.
18" C.M.P. Wye
$ 500.00
$ -
EA.
Riprap 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. Fitting (Bend, cou )1in & end cap)
$ 320.00
$ -
SUBTOTAL= $
11/3/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Street Im
Jrovement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
QTY.
- STREET IMPROVEMENTS (Cont'd.)
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
60" C.S.P.
$ 115.00
$ -
EA.
Catch Basin W = 4'
$ 1,700.00
$ -
EA.
Catch Basin W = 7'
$ 3,000.00
$ -
EA.
Catch Basin W = 10' ,
$ 4,000.00
$ -
EA.
Catch Basin W = 14'
$ 5,500.00
$ -
EA.
Catch Basin W = 21'
$ 9,000.00
$
EA.
Tv se IX Inlet
$ 2,500.00 $ -
EA.
Ts ire X Inlet
$ 2,500.00
$
EA.
Junction Structure No. 1
$ 3,000.00
$ -
EA.
Junction Structure No. 2
$ 2,500.00
$ -
EA.
Junction Structure No. 6
$ 3,700.00
$ -
$ -
EA.
Transition Structure No. 1
$ 2,000.00
EA.
Transition Structure No. 3
$ 2,700.00
$
$
E
EA.
Manhole No. 1
$ 2,700.00
EA.
Manhole No. 2
$ 3,300.00
$ -
EA.
Manhole No. 3
$ 2,700.00
$ -
EA.
Manhole No. 4
$ 5,000.00
$ -
EA.
Adust Water Valve (if no water plan)
$ 150.00
$ -
EA.
Ad'ust MH to arAde (if no sewer )lan)
$ 400.00
$ -
EA.
Headwall
$ 5,000.00
$
Remove & Dis 3ose of Interferrinv, 30" Storm Drain
L.S.
and 36" Riser
$ 500.00
$ -
EA.
Remove & Dis ose of RCB Headwall & Win wa11
$ 10,000.00
$ -
L.F.
and Concrete Bulkhead
$ 25.00
$ -
EA.
Outlet Structure (Line A & B)
$ 5,000.00
$ -
EA.
Remove Existing Headwall _
$ 1,000.00
$
L.F.
Catch Basin Trash Rack
$ 25.00 $ -
$
$ -
$ -
11/312021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Street Improvement. Plans Tract No. 31462-23
DATE: 3 -Nov -21
STREET IMPROVEMENTS (Coned.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
EA.
Water Quality Structure
$ 2,500.00
$ -
LS
Concrete Inlet Apron
$ 11,000.00
$ -
LS
- -
Emergency Spillway
$ 27,000.60
$ -
iS
84" Storm Drain Grate
$ 8,500.00
$ -
SF
3' Wide V -Gutter (945 LF)
$ 4.00
$ -
$ -
$
-
$
Subtotal:
A. Subtotal
II. Contingency (I 5%)
C. Streets/Drainage Total (A + B)
*********************Inti r**R****k#-Rik********.********v11F********i AAAAAAA.. iAkkM '.t*ak'Rxssux n.n m** k**A-MirRR
$
362,363
54,354
11/3/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Street Improvement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
SEWER IMPROVEMENTS
Show quantities on th.s sheet only if project has a sewer plan. If no water plan, then show applicable QTY. UNIT
ITEM
UNIT COST
AMOUNT
L.F.
4" PVC. (73 Lots (4, 25' Avg. Lenv.th & 5' for cleanout) $ 15.00
$ -
L.F.
4" P.V.C. Force Main & Fittings
$ 26.00
$ -
L.F.
8" PVC
$ 30.00
$ -
L.F.
10" V.C.P.
$ 35.00
$ -
L.F.
12" V.C.P.
$ 40.00
$ -
L.F.
15" V.C.P.
$ 50.00
$ -
EA.
Standard or Terminus Manholes
$ 2,500.00
$ -
EA.
Modified 5' Manholes
$ 3,000.00
$ -
EA.
Drop Manholes
$ 4,000.00
$ -
EA.
Sewer Lateral Connection rJer RCTD No. 600
$ 500.00
$ -
EA.
Sewer Y's
$ 25.00
$ -
EA.
Chimneys
$ 300.00
$ -
EA.
Adjust M.H. to grade
$ 340.00
$ -
L.F.
Concrete Encasement
$ 20.00
$ -
EA.
4" P.V.C. Misc. Fittinfzs
$ 120.00
$ -
L.F.
Sewer Pipe Sleevinj
$ 36.00
$ -
EA.
Sewer Lift Station
-
$ -
EA.
Back low -.prevention device
$ 250.00
$ -
EA.
8" P.V.C. Misc. Fittings & Plugs
$ 190.00
$ -
EA.
Remove 8" P.V.C Plun
$ 190.00
$ -
Subtotal
Contingency (15% x A)
C. Sewer Total. (A + B)
71/312021
CAIIMESA
l.' SAE R4L NOTES
1. THE CONTRACYOR STALL BE RES PONSIBLE FOR THE C(DWiNG OF M£ P ROPOSED WORK AREA MD RELOCATION COSTS OF ALL E XISTING WILLIE. THIS INCLUDES UNWRGRO/NBING OP EISTNG OVER FAO ONES KONG ME PROJECT FRONrAC£ AS REWIRED BY ME COMM ONS OF APPROVAL FER MATE£ MU ST INFORM aly OF C ONSTRUCTION SCHEDULE AI LE ASE 48 HOURS PRIOR TO BEGINNI NG OF CONSTRUCTIO N AT (951) 769-8510 Z. AU IYORK SHALL CONFORM TO THE REQUIREMENTS OF ME STANDAR D SPECIFICATIONS FDR PUBLIC WORKS
CONSTRUCTION, GREENBWK IAIEST ONION AND ME RIVERSIDE COO N, TANSPU RTATION DEPARTMENT IMPROVE ME NT STANDARDS AND SPECONS 'WEST £D?ION."COUNTY ORDINANCE NO. 461 AND SUBSEQUE NT AMENDMENTS J ALL UNDERGROUND FACILITIES. N'/Ri LITERALS, S., BE IN PLACE PRIOR TO PAVI NG THE STREET S£Cn. INCLUDING BUT NOT LIMITE D TO, ME FOLLOWINE SEWER, WATER, ELECTRIC, S AND STORM DWI .
T SHALL BE M£ RESPONSIBILITY OF ELCAME CONTACTOR OR DEVE LOPER TO INSTALL AND MAINTAIN ALL CORED CPO N, REGULATORY, GUIDE AND WARNING SIGNS W ITHIN M£ PROJECT E MITS NO ITS SURROUNDINGS TO PROVIDE SAFE PASSAGE F. PIE TRAVELING PUBLIC AND WORKERS UNTIL THE FINAL COMPLETION AND ACCEPTANCE OF M£ PROJECT 8Y ME arr. A TR.. CONTROL PLAN MUST BE SUBMITTED RIM APPROVED STREET PUN FOR RENEW TO ME ORINSPECTION ON (FOR M AP CASES) PRIO R TO OBTAINING AN ENCROAC HME NT PERMIT.
AMY PRIVATE DPNAGEFACILITIES SHOWN ON THESE PUNS ARE FOR INFORMATION ONLY. BY SIGNING MESE IMPROVEMEN T PLANS. NO RENEW OR APPROVAL OF THESE PRNAT£ ;AMIDES M£ IMPLIED OR W ENDED B1 CITY OF
BUUMONT PUBLIC WORKS DEPT
ME DEVELOPER MU D ST, .7E, NAME SIGNS CONFORM ING M ACRD. TAKEN APMD NO . 816 .
ALL STREET S ECTION S ARE TENTATIVE W.V. SOIL TESTS SHALL BE TAKEN AF AR ROUGH GS DING TO DETERMINE ME EXACT STREET SECTION REQUIREMENTS USE R.CTD. STANDARD N0. 402 F EYPANSNE SOILS ARE E NCOUNTERED:
8 IT SHALL BE ME RESPONSI8OF ME DEVELOPER TO NOTIFY ME ENGINEER TO INSTALL STREET CENTERLINE MON UMEN TS AS REQUIRED BY RIVER SIDE COUNTY ORD NANCE NO. 404 F CONSTRUCTION CENTERLINE DIFFERS PRO N.
A R£ TO COS TING CENTERLIN E OF RION-0E-WAY PRIOR TO MAO CONSTRUCTION, SURVEY MO NUMENTS I NCLUDING CENTERLINE M ONUM ENTS, TIE PAN S, PROPERLY CORNERS AND BEN CH M ARKS SHALL BE REFERENCE D 0, AND CORNER RECORDS FILED MATH ME COUNTY SURVEYOR PURSUANT TO SE.. 8771 OF ME BUSINESS & PROFESSIO NAL CODE SUR. POINTS DESTROYED DURING CON STRUCTION SHALL BE RESET, AND A SECOND CORNER RECORD FILED FOR TH OSE PO/NS PRIOR TO COMP LETION AND ACCEPTAN CE OF THE IMPROVEMENTS.
9. SHIL
L BE APPLIED NOT LES S TAN FOURTEEN DAYS FOUOWNG PAMIENr OF ME ASPHALT SURFACING FOC SEAL AND PAINT BIND ER SAIL BE APPLIED AT A RAI£ OF 0.05 AND 0:03 GALLON PER SQU ARE YARD RESPECTIVELY ASP... EMULSION SHALL CONFORM TO SECTIONS 57 J9 AND 94 OF THE STATE
STANDARD SPECIFICATIONS
10. MM E COAT IS REWIRED PRIOR TO PAVING ALL GRADES IN EX CESS OF TEN PERCENT
11. CONSTRUCTOR PROJECTS DISTURBIN G MORE MAN ONE ACRE MOST CREATE A NATION AL POLLUTANT WSCFARNQ ELIMINATION SYSTEM DIMES PERMIT) OWNERS/DEVELOPERS ARE REQUIRED TO N UT A tLWIO OF WIMP (NCI) WITH
RESOURCE STH E STATE WATER COMMA BOND (SWA GS), P REPARE A S TORM WATER POLLUTION PREV EN TION PUN (SL
ME EP)DEV ELOPER
AND SHALL E RLAN FOPNSI M£ s11£
IT . ME IGNIN G TSAR BE RES PONSIBLE TOE ME CT AREAS,
OF HADDRONAL SIGN S AN D TO THE N OT INCLU DED IN
ME SIGNIN G AND STRIENR PUS WNW M£ PRO TECT ALFAS OR ON RDO HIS
ASIGN, MR PROJECT
TRAF
ONUME ROADS
S UN ME REQUEST OF M£ AME D OF PUBLIC WORKS OR HIS 0£SIGNE£ TO IM PROVE TRAFFIC SA2T ON ME RBE T EN DER MS ILITOF M OF ME DEV ELOPER.
IJ T SHALL (R THE RESPONSIBILITYPERM ,
IS OF ME DEVEEOPER INON IPE .7 TO APP LY IO THE D WITH
RC. F 8 000
ADO PER PERMITEE FOR PERM ITS NH tlV NY STORM !RAIN %P£ NEID.S TO !Y CONNECTED WITH A RC. FACILITY A ND
ADDBEON THE PU CK
I4 SHALL rA ME R£SPANSI) FOR OF Nc CONTRACTOR OR ROE FUR ALRL TO APPLY TOo M£ WITH INCALIFORNIA STATEDRIGHT OF OF TRDEAR SI (SAANO 'W.V.'
R FOR AN PROACHESM EM PERMIT ALL AU DOCK STRUCTED CORN $TOCOUN IV f -WAY. 15 CURB DEPRESSIONS AND DOS Y APPROACHES WILL B£ IELrALL£O AN D CON STRUCTED ACCORDING TO CW INTY MN STREETRDS NO. NO DOJO/OR ALOE I DIRECTED IN ME Fl THE STIN T STREET INSTALLED IN ACCORDANCE W/M E AFPRDVED ]IATE I ()OU TING P LAN PER CITY OF
WI FOR AU DRVEW AYRD NSTRU RECONSTRUCTION
SPECIFICATIONS
WIT. FOR ALT DRIVEW AY R£CONSTRUCnON BEYOND RIGH T -CE -WAY P,POOF OF DRMWAY OWN ER NOTIFICATION 5 R£QUIR £0 relPR
OR
C/ D� NSTAUS MEET TRF£ S N ACCORDANCE W ITH OED VI CE 481 A ND iFIE COM PRE HENSIVE LANDSCAPING GUIDELINES �y WEODEE THREE SPECIES AND NAME TH£M HERE). W
S. ME DEV ELOPER SAU HAVE cEpr£cxxM .lE/sa(L ENa.NTS FIRM DRSEFV£ MENCHMG BACKFICUNG & SO& COMP CTON OF ALL UTILITY TR£NCHE WITHIN ALL FNEMEN S & ROAD' RM,FF15 OF WAY 11V0 SER F COM PACTION REPORTS CERTIMN G TOUT WORKS VIER£ DONE N CONFORMANCE TO STANDARDS & GEO '& NICAL REPoM STALL F SUBMT 20 AF TER EACH UTI/IY 1R fINC,V S COM PLEDAV & FRE AG CGAITE 8IS REPORT M UST BE ACE OARS )A. T? //1 DEPT. OF DOUC WORKS AT L£/ST ]WO WARRING DAYS BEFORE ACGR£GITE 80.5E MAIFRIALS M£ PU CfD ONSI)E riFFINA7E BYG NBBISN 0TVE TO C LWRW CTO BB)
=.I, TIE EXS T£NC£ AND LOCATION OF ANY INVOMOROUND ENURES OR STRUCTURES S HOWN ON MESEPLANS ARE OBTAINED T. BY A SEARCHOF AYANA&E RECORDS TO ME BEST OF OUR KNOWLEDGE, M ERE ARE MO EXISTING WEIRS EH£Pr IV MESUnSESAI O1M ,£NOAN Y OMER�371;OR 5 CEWR £&O AKE APRE CAUTION AR Y ILPUNSY M EASU RE S
OOSPRO TECT
CT
ME!ROTE .. AND ANYDAMAGE TO ESE ON ES STRUCTUR£SIL
O IT STALL BE M£ CA4MACTORS RESPGV3/B/LITY TO N OTIFY ME OWNER. DF ALL URU TRES OR STRUCTURES C0.V(kHN®
V/ ONIVIES S/IOG VIER
E ANnJ1ES SHORN HEREON ARE TO RIMIN G
FOR BMW PURPOSES ONLY CON]RACRA4 STA(L BE RESPW'SBLE FOR kFIFYRN C AU WNER SI PMOR TO EPLAN FO R aNONOBECV.
4. ME DR VGTE ENGINEER 9 0E NE MESS DISCREP AN CIES CR IS NEEOARISIN FAR ASSURING THEPR V L R OU ANO CONSTRUCT , GK ME ATEDES IGN w JM ER N IF E IENT VS EFD ARISIN GAF TERCET AP3UWI OR D R IE VI REVISING
IDE PAN, ME
PRIVATE wawa ME AU MSKW9B [E FOR OE1£µINNG AN ACCE]A&E SWURIL AND REVISING Mf PLANS FOR APPROVAL BY ME Q TY.
7. INDE RGR0UN D 57/xC 77F IES
ALL NO UTILITIES OR S TRUCTURES REPORTED BY ME OWN. LR OTHERS AND MUSE SHOWN ON THE RECORD EXAMINED ARE INDICATED 14177.1 THEIR
APPROXIM ATE LOCATION AN D EXTENT THE OWNER BY ACCEPTING THESE PUNT DR PROCEEDING W ITH IMPROVEMENTS PURSUANT M£RE.O AGREES ro ASSUM E WILT, AN D TO HOLD UNDERSIGNED HAR MLES S FOR ANY DA MAGE S RESULTING FROM MEOUST. C£ OF UNDERGROUND UTILITIES OR STRUCTURES NOT REPORTED TO THE UNDERSIGNED:
NOT INDICATED ON ME PUBLIC RECORDS EXAM INE; LOCATED Ar VAR..WITH M ar REPOR TED OR SHOWN ON RECORDS UNW ED. D CON TRACTOR IS REQUIRED 70 TAKE DUE PREUOTIONNY MEASURE M PROTECT£M£ L... OR SM UCMRE SHOWN AND ANY OTHER UTILITIES OR STRUCTURES FOUND AT M£ STE R SHA LL BE ME CONTACIOR'S RESPONSIBILITY TO NOTIFY ME OWNERS OF ME own,, OR STRU CTURES CONCERNED BEFORE STARTING WORK.
ND7E
L APPROVAL OF MESE PLAN S APPU £S ON LY WITHIN ME JURISDICTION GP ME CITY OF BEAUMONT.
2. TRENCHING FOR LOUPES AND SMUCWR£S IS NOT ALLOWED UNTIL SOIL COMPACTION
REPORT IS SUBMITTED AND APPROVED BY WE PUDIC WORKS DEP ARTS , 5 ME CITY RESERVES ME RIGH T'. REWIRE R EASON OF OE APPRO. PLANS M
CONFORM MIN CURRENT STANDARDS AND M POST A NEW BONS IF CONSTRUCTION HAS NOT COMMENCED &MIN NN YEARS AFTER PLANS WERE APPROVED.
4. SIDEW AY. A ND DRIVEWAY APPROACH E MU BE PWR£D/CONSTRUCTED WEARIES DRIVEW AY LOCATWS ARE DETE RM INED.
CITY OF BEAUMONT, CALIFORNIA
STREET IM PRO VEME NT PLANS
T RACT NO. 314 62-26
DEC 4HAP0N0FaG 1E 37CisfECO RCX
I HER EBY DECLARE RA T N MY PR 'FS SKNWL OP/ ME DESIGN OF TH E NPROVEMEN TS AS SHOWN ON MESE PENS OAR. MTH ME CU RREN T PRW£S'S IONAL &V&& Th G SINBARDS AND PRACTICES AS ME £NCIN£ER IN R ES PON SE . tE4RC E O' TH E X EVGN OF THESE /AIPR OV£M fN TS I ACCEP T FULL RESWNSe'L/TY FOR SUCH DES . / UN DERSTA ND AND ACKN OW LEDG E NAT TH E PUN &/WK OF MESE PUN$ BY TIE CTY OF BEAUMO NT IS A REN EW F. TF U MHEO PURPOSE OF ENSURING THAT NESE DNS CORP. $/P/ ME CITY
PROCEDURES AND OMER APPLICABLE CO DES MO ORO WNCES THE PLAN RENEW' P ROCESS IS N OT A D£IERM NNON OF TIE IECHN I.A L MEDU ACY OF ME DESIGN OF ME IMPROV EMENTS SUCH PLAN CHECK DOES NOT MER£FORE REVERE ME OF MY OESMN RESACNSBILITY.
TRA!BOUNDCT
100'
AS THE ENGINEER OF RECORD, I AGREE TO DEE. AND INDEM NITY ME COY OF 8 U/U7// , 15 OFFICERS, ITS AGEN TS, AND IS EM PLOYEES FROM ANY A ND ALL
LABILITY DANS, DM NC/S OR INURES TO ANY PERSON OR PROP ER, ARISING FROM NEGLGL ✓F ACTS ERR ORS OR NWSS ONS OF THE ENGINEER OR RECO RD, l(IS fM%OCR NITS COASULTAMS'.
Of&419/1,
CfORCE ALMA LENFESIEY R. C.E. 45920 AATE
COMPON DATE 12-31-2022
wib \
A-17 PA TRA62 -1 C I Ij'
Il9CKELBO N � 1
2 53
2 50 �4
23 54
55 TRACTEICBLI NDARx
56 57
SH ET
----SUGGS C OURT
B(.
-Lam_-�_
_-COUPLES COURT
Id
77 /6 /5 rt 13
20 C.B.
W=21
Q,0=797 CFS
OIM=73 .40 C
22 l \
•
8 TOO'
•
7l7 .
TO
CB 05 W=14.00'
0,0=3.49 CFS
0707=582 CFS
11 7RA CT I
BOU NDA RY
SCALE.G 1 =100'
INDEX MAP
F,3
66 I, C.O.I I I
/T
72 73
I IL I I
I 74
I to
_Ijl
7 6 v '
(JOSH DRIVE
y
11 C.H. 77 W=21.00'
0,4=4.71 CFS
WORK TO BRO OKE 0,0,7=7.86 CFS
ME IMPROVEM ENT WOR K SH ALL BE PERFO RMED IN ACCORDAN CE WITH ME
FOLLOWING DOCUM EN TS CURREN T AT TH E RA E OF CO NSTRUCTION AS DIRECTED BY
ME CITY ENGINEER
1. S/BEAUMON T M UN ICIPAL E. CO DE
FOR 2. FOR STREETS RIVERS IDE COUNTY OR DINANCE NO. 461.
FLOOD CONTROL F ACTURES ME RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT'S STANDARDS FOR FLOOD CONTROL FACILITIES' .
SANITARY SEWER FACILITIES: THE EASTERN M UNICIPAL WATER OIsr0tcrs S TANDARDS FOR SANITARY SEWE R FACILITIES.
ALL OTHER PU LCC WORKS) E S TANDARD SP ECIF ICATIONS FOR PU9L C WO RKS
3. CONS TRUCTION OF AEN BOOK).
R1/SSET PLNS
4. RESOLUTION NO . DATED
S SOULS REPOR T A. REC OM MENDA TIONS BY ALTA CALIFORNIA GEOIEMNEA L W C,.
DA TED MAY 12 07 7
2 75W
76 0/ W=14 .00 '
0w=5.94 CFS
Om=10.25 CFS
C.B. '04, W=10.00'
00,456 CFS
O,W=771 CFS
C.B. -06, W=10.00'
0,0=2 .47 CFS
007 =411 CFS
C.B. 19, W=14.00'
Ore=2 .95 CFS
OIA7=4 .57 CFS
LECEN D
ASSESS OR S PAR CE L NO
10-700-020
LEGAL DESCRIPTI ON
MACE OAR PA RCE1 J P ARC EL
MA P J7J66 AS PEN MA P R... IN S OO N
PREPAR ED Br
PR OACTIVE E NGINE ERING WN$ULrANws WET: INC.
25109 JEFFERSON AV£!NlE
SUItt TOLL
(95/) TA CA 92562
(951) 200-6640
0W116UAPKFCA NP
SOC NORWAY C ANYON, LEL
A OEL£WAR£ LIMITED LABNRY CO MPANY
1392 MORSE AVENUE
IRVINE, CA 92614
(949) 241-8403 DE ALT
(951) 722-0525 MOBILE
CONTACT . CHER RY,. DAWIPSON
RI GHT -OF -TINY, VW
FUTURE RICN T--OF-WAY, RjW
1ACT BOUND ARY
CE N7£R[N4 a
PROP STORM OWN
DOMING STORM D RAIN
DIRE CTIO N F P9O W
STO P SIG N ON STREET NAVE ]SIG N
CONCRETE
.4C PAM '
A.C . O/*RMY/JOI N t7]?NG
PROPOSED &/RE£T ME£
P RO POSED CATCH B45% N
FIRE /* VRA//r
SO armour
CU RB &. C RIMP
no w ENE
PROPER, LAY
BLUE warm- Maws,
REDX£D SKEO AHWD MSN
{
o
1Jp
PROP. PROPOSED
IXA'I EXISTI NG
a C// caorreLINE
re TO P OF C URB
FL now L/NE
f5 FM&/IW SURFACE
LP EDGE OF PA KUfNT
CB CATCH MSAN
AC ASP HALT. CONCRETE
AB BGG R£GAI£ BCE
9CR BEGIN CURB RETURN
ECR E ND CURB RETU RN
BIZ" BEGIN VE R17. LYRE
NYC ME VEIN. CUR E'
LN G END YERTEAL CURIE
• UN C URB
BENCHMARK
DESCR IP TION' LOGS MONU MENT "RESE
BEN CHMARK OSK S ET IN TIM OF
CONCRETE MONU MEN T MAM E. •0TSY
�t ^ 1972 • ©N DES ERT (A NTI) DRIVE ACR OSS
THE DR IVE FRO M DES ER T
�FT NE OF THE DR IVE
. C oll 2 Befo re Yo uW orking
Dig! CDays EN TERLINE 24.9 4 B To rFT SW OP THE SW
EDGE OF UM EA STBOU ND LANE S
811 OF INTERS TATE HIGHWAY 10
ELEV 2491. 44, NGVO 29
ENGINEER
REVISIONS
GI
PRONE,. ENGIN EE RING
CONSULTANTS 1.1 7.
GEORGE ALM Rresm
P 45920 FRP ..31.2012
SION MN
PEG
URAWNS
PEG
PEG
NOTGO
GAM r /
)0E1 NU MBER:
Reviewed By.
Enpineor
Recommended
for Ap ro of B y.
p Nvlav
Appro ved By,
mwrNVww M NEIIC wain
Dote: 7/21/2021 ,
Date. Tla,laar
Dote De n0 2ox1
PW2021-0675
CITY OF BEAUMONT, CALIFORNIA
STREET IMPROVEMENT PLANS
TRACT NO. 31462-26
TITL E SH EETS, GENERAL NOT ES
A ND I ND EX MA P
PRIG
(;329.02)
479 .7/
RI
LT
FH
ST
R/W
D/W
Y.C .
PRC
PCC
STD
WDID NO
POI NT OF MORS E 4£Rr101L CURVE
EXISTI NG REMIXON
PROP OSED ELEO,.
LEFT
RIGHT
FINE w ow
SN RE E
DRIP! OF ow
O M{YWY
VE RTICAL war
POINT 0E INTERSECTION
PO NT ON NEM. INIERSEORON
PANT OF REVE RSE CURVE
PO NT OF COM PD . C URVE
STAN DAR D
INDEX OF SHEETS
S HEET I - TI RE SHE ET - G NEF AL NOTE - INDEX MAP
SHEET 2 - US S - DETAILS
SU
GGS 3 - COURT 10+00.00 TO I5+620
JOHDRM BT 0 1
SHEET 4 - COUPLE CO URT16 +14]110 26+68 .29
SHEET 5 - FORD STREET !6/00.00 ro 15+S6.JS
SHEE T 6 - F ORD ST REET 15 436 .33 TO TT+9 218
SHEET 7 - SENNG£ AND STRIPING
SHEET
OF7 SHEETS
FILE
N. 3363
CITY
ENGINE ERIN G BEAUMONT. PUBLIC WORKS ' DEPARTMENT scr y IMP eaueA: Jula Val - 4.1A pa er yme OW.M IL O PPC.I O &r1fA-/ S:
�. alel n MEN2-E.I- NE may
CO NSTRUCTION NOTES AND ESTI MATED OUANRI ES
QI CONSTRUCT OJT AC OVER 050' AN
Q CONSTRUCT 111,E A-6 CURB PER COUNTY DE RVERSDE SID N0. 100 Q S tyT SYDEZZRNI:NA ADE STANDARD PLAN ND 4P
Q INS TALL S)R1ET NAM E SIGN PS RIIERAO E C OUNTY ST A NO 8/ 6 QS CONSTRUCT CURB AND RAMP PER COUNTY OF RIVS ADE 500. NO CB CASE A • CCNSRRUCT GROSS -WIRE D SPANDREL PER COU NTY OF RIVERAOE SID. NO . 2U6/109A
CONS TRUCT CU TTE R OE PO ES SIGN FCR CURB SPUNINC AT STOR M DRAM CATCH BASIS PER COUNTY DE 0/05555 5/0 AD III. CASE TYPE 6' (CATCH BAAN'S PE NO R PT.Wf © GA TT: DEPR 1S S/ON FOR CURB O PENING AI STOR M GRAI N CATCH BASI N nPE �, r I PLAN
® IN STALL BLUE R EF -LEONE E N wav r PAEMEWT MARKERS PER DETAIL A SHEE T 2 @ INSTALL RI STOP AOW ON STREET NAME 5 (N POST PER RIVERSIDE CO UNTY 510 50 8I5 0 RIERM EPLASDC WOE EMIT U NE PER CAL TRANS STANDARD A14E Q RIERMRPIASRC TRIP' PAVEMENT M AR.YM'C PER CALTRANS STANDARD AND @ IN STALL S AC DINE PER RhERADE COUN TY SID. NO TIT
0 CONSTRUCT BARB/CADE PER COUNTY OF R/ SAOE S TN. NO MO 15 JINN EOSTIN G PA,EME NT PER DETAIL ON S HE ETT
Q CONSTRUCT REA OENRAL OR KYIAYPS CWN;TLC ,' /t£P.LOE ST. N0. 10) (W=I6J (DRIVE WAY 500( 0? TO CHAN CE AWES SINAI OCA ROW S ARE DETERM EDJ. 92,406 SF
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CI CO NCRE TE MONU MEN T STAMPED -REST
1977 ON DESERT LA WN DRIVE ACR OSS
T DR OVE FRO M DES ER T LAW N
c ell 2 W orking Days CEMETERY 25 3 FT NE OF THE DR IVE Re/o re Yo u Dig! CEN TERLINE 14.9 FT. SW OF THE S. W.
811 EDGE OF THE SOU TH EA STBOU ND LANE S
OE INTER STATE HIGHWAY !O0.14
ELEV 2491. 44, NGVO 29 ENGINEER
PROACTIVE
PPOACTIIT ENGIN EERING
REVISIONS
A PPli DATE
01 /56/2/
SIGN
uxnwNsi-
PEC
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NOTED
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Tae NU MB.:
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Mate: IIN OO NU9t
C T,'
' OF
BEAUMONT.
ONT. PUBLIC WORKS DEPARTMENT won s1
C 10117.-.320 POW Itr:i
CITY OF BEAUMONT, CALIFORNIA
STREET IMPROVEMENT PLANS
TRACT NO. 31462-26
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2 OF 7 SHEETS
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1 Date: T�t1
STREET IMPROVEMENT PLANS
Tf2ACT NO. 31462-26
STA: 10 + 55+ +662.41
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A IF TRACT ]1461-16 A ND ]1461-16 AR CONSTRUCTED
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810
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Rem. By .,Z.._1 DOTED 0/0000/81
CITY OF BEAUM0NT, CALIFORNIA
SHEET
4 OF 7 SHEETS
for Approv al" Recommended't h ) Date. NV I
STREET IMPROVEMENT PLANS
TRACT NO. 31462-26
C OW'
COUPL ES C OW' /
STA: 0 8024.71 STA 26 + 29
TO 68
PROAC I I V
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DPte.
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CEN TERLINE 24 FT SW OF TH E S.W.
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OF INTER STATE H IGHWAY ,O
ELEV2491.44, NOM 29
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GENERAL SI GNA GE/STRIPIN G N OT ES
1. ALL N ORK SHALL WE CO NE IN ACL YRALYC E WITH T HE 2010 CALTRANS OE PNNME NT OF TRANSP ORDIR64 STANDARD SPLLYF MATIONO INC ME RNE RSIDE COU NTY STANDARD PLANS, LAT EST EDITIO N HER EAFT ER F /R FEEO PO AS ME STAN DARD SAC% GIILIL S AND STA NDARD B AN S /100055 OT HERWISE SPECI RF/.
2 TRMFB STRIPES, RA SED PAVEIKNT MARKERS AND SONS (EXCEPT PAVEMENT LEG ENDS), SHALL COMPLY WIN ME 2010 MANUAL ON U NIFORM TRAFFIC MEWL DEICES ( MUTC D) .
PAWALEVT LEO.. SHALL EMMY MATCH DE CITY OF BEAUMO NT STANDARD STENCILS 4 .RASED PAVE ME NT MARKERS S HALL CO NFORM TO NE PRONSO NS W SEWN 85 OF INC C4LTRA NS OE PART MLNT OF TRA NLPORTA ON STA NOARO SP£CETCAT TNS ENTITLES 'PAVE MENT MAR KERS" AO HE SIC FOR PAVEME NT /MAKE RS SHALL CONFORM TO IHE PROVISIONS IN SEC., 95-204 OF GLT RANS STANDAR D SP£CLTIO ATNINS (2010 ODEON) ENII2E0 WA RD SET EPDXY AD HESIVE FOR PAVE MENT MARKERS" 5 T HERMOBA STIC TRA FFIC ST RI PE S A MR 0 SM. C ONFO RM TO GE MOM S END UED TN£ RAIO PUEIC MOM STRIPES AND PAVEME NT MWK CS AS SPECTRE , IN
T HE CUBA/VS DEPARTMENT OF TPANSPORINON STANDARD PECIK/GT/SS (PET
EDTDO NJ
6 ALL TRAF FI C STRIPING PAV EME NT L EGEN DS AND ,RAISE D PAVE ME NT MAR KE RS NAT L ENFLI CT OR C ONFUSE T PAFFO AS A RESULT or T IE NE WLY I NSTALL ED WO RK SHOW N ON NS HAN SM ALL. RE MOVE D RY WET SAN DBA G. OR GRI NDING AS DTRFCI ED BY
THE BOWER
7 DEBRIS FROM RLMOV,AL OTESAONS SHALL BE CONTAINED WHEN E WE, AREA AND
THE CONTRACTOR SN AIL TAKE PRECAUTIONS NELYSSARY TO PROTECT PER SONS AND F ROPERIY AD MC£M TO I NF SANOEAS/ING O PEGIBI DONS ME DEBRI S EE SULI NC FROM ME BA G... SHALL BE NMEDATCLT TELY REMOVED AND DISPOSED OF 8T. DB CONTRACTOR DEER S WREN ME ROAD WAY SHML D£ RE MOVED BY WOMB.
SWEEPI NG OR HIGH -PO WER VACUU M.
/ �i11 II II II
09 II III IT . SW/BNG LAYOUT SHALL REAPP ROV ED BY ME CITY PU BLIC W ORKS DEPART MENT PRI OR
TIN TO LEGION OF WE T HELE OPUSTK MATER NL CONTACT THE CITY PUH/C BO RA S 12 DEPARTME NT CITY INS PE CTOR AT (A NT) Z69-BSTO 005 DUO (BEAUMO NT) 2 WORKING
MLE D I A CONC RET E AREAS SBALL RE I NSTALLED IN METAL
DAYSIII STE EL SIGN
WOVE
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O II I C)/ISRAEL RI SILP NON ON STREET NAME SEW Poor PER RTIERS/DE C OUNTY STD NA 8T0 --'--III III M THERM gygSPC WHIT LIMIT ENE PER CALIRANS STANDARD ADZE " @ T12R MLYHASPC Y]O P" PAVE ME NT MAR KI NG PER CALMAT STA NDARD AN D
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SMALL BE MOUNTED WITH METTAANLA-PROOF FASTENERS
9. ALL SIGNS SHALL BE STANDARD SIZE IN ACCORDA NCE WITH 66 ,010 MUTCA, EX CEPT AWNI NG BUBO SO NS S HWA BE !2 x 18'
10 . PER COKRNMENT CODE SECTO N ABCI F ME WOR K IN AN ARE A W HIC H /S / 50505 OR
RE ASO NABLY S HOULD K NOW TO COWA N SUBSUR FAC E I NSTALLATIONS CO NTRACTOR SHML C ONTACT U NDERGR OUND BRAC E ALERT (USA) AT I-800-22)-2600 AND
WAIN AN LAWRY IDE NTI IO N NU MBER AT L EAST IWO WOR KING DAI S ( HO URS) PRIOR TO C OMME NLT NG ANY W OR K T HAT PE NE TRATES THE E //SD G SUR FACE.
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GE OF HEPSO H FW STO N ELANES
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REVISIONS
DATE
CITY
07 /19/21
DA TE
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Reviewed By. A�
Staff Enelner
Recommended
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Dote
Date:
TI21 N021 ,
CITY OF BEAUMONT, CALIFORNIA
Appro ved By. , Pw o Dote: 08/x0 2021
SIA,
CITY
ENGINE ERIN G BEAUMONT. i PUB0C WORKS DEPARTMENT
STREET IMPROVEMENT PLANS
TRACT NO. 31462-26
SI GNAG E - STRIPIN G
SHEET
7 OF 7 SHEETS
FILE N. 3363
rlaues N a 1447 - 4111, e0 OWE nImmCCEVID 40/EA-I e:
AI19z- 51sT- At CA A,
City of Beaumont
BE UMO T
CA- VOFZN 1 A --.
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.beaumontca.gov
Case No. PW2025-0209
Receipt No. R01648876
Fee $ 725.00
Date Paid 4/22/2025
BOND EXONERATION APPLICATION
[REPLACEMENT OF BOND - NOT EXONERATION]
Bond Type: gPcrformance ❑Maintenance ❑Final .Monument Inspection ❑Other:
1. Contact's Name Jesse Mudd
2. Contact's Address 980 Montecto Drive, Suite 300 Carona CA 92879
5. Contact's [email protected]
Phone 951-415-2974
City/State/Zip
3. Developer Name D. R. Horton Los Angeles Holding Company, Inc. Phone 951-415-2974 (]f 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. 30'525'3 / TR 3
/62-26 / Sewer Improvements
New Bond #: 9473419
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
8. eveloper/Contractor has completed all the following items prior to requesting release or has uded them in the application.
• Remo% d 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 ge as needed.
• Clean and camera sewer. Provide reperr-t4nd video copy of camera survey. • Provide all final geotechnical reports. �l
• Provide Engineers' certification for line and grade thin Right -of -Way. • Provide Landscape Architects Certification as required.
Print Name and Sign — Contact/Applicant 1"J t
RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN. TO:
City Clerk
City of Beaumont ..
550 E. 6th Street
i aumont CA 92223
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL MAP Na 31462-26
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";.
NAME/NUMBER OF DEVELOPMENT:
77 residential
PA 18A
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 3/9/2023
31462-26 APPROVED ON
AS INSTRUMENT NUMBER 2023-0069122
i"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:...
$ 246,019.50
EST. TOTAL COST OF .
PRIVATE IMPROVEMENTS:
$ . . .
EST. TOTAL COST OF • • • . •
MONUMENTATION:
$
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 9473419 - PA 18A Sewer Improvements
LETTER OF CREDIT NUMBERS:
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 D.R. Horton Los Angeles Holding Cornpany, 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 deemedto 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 workaccording 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"
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 ail liens and encumbrances.
Subdividers obligations relating to acquisition by City of off -site rights -of -way, easements and other interestsin real property shall be subject to .a separateagreement 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;stakesand 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 totheiracceptance by. the. City
2. Improvement Securities.
(a) . Subdivider agrees tosecure 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) 246,019.50 and 00/100 DOLLARS ($XXX,XXX.XX) toensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (0 246,019.50
secure payment to any contractor, subcontractor, persons renting equipment • or.. furnishing labor materials for the Improvements required to be constructed or. installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and and 00/100 DOLLARS ($XXX,XXX.XX) to
(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 00/1.00 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 rearlot corners and .centerlineties not. previouslyset 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 insurancebusiness 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
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 arereduced 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 Plansi 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 asrequired by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdividershall 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, whennecessary 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.a.grees that if during.the.course.of.construction and installation of Improvements it shall be determined by.the.City.Engineer that 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.
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 Subdividers 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 notbe unreasonably withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the Improvements
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 maybe 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 belowthat 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. Ifno 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
(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, orany agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners, Any repairor replacement shall be made tothe 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'sfailure to timely complete construction of the Improvements; (2) Subdivider's unwarranted failure to timely cure any defect in the Improvements; (3) Subdividers 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 o f 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
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).
Subdividers 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).. •. I.n 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 shallhave 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, bycontract or by any other method City may deem advisable, for theaccount• and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any costs orr damages occasioned. City thereby; and, in such event, City, without liability for so doing, maytake. 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 •.
Subdividers 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 Cityto draw upon or utilize the Improvement Securities is additionalto 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 •Subdividers default shall.. be measured. by the .actua.lcost of completing .the required. Improvements. The sums. provided .by the