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 no.t limitedto; 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.. inaddition to andnot 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 ofsuch 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 thatan 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 necessarywork 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 o.r. 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.
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 an.d hold harmless City,its elective and appointive boards, commissions and officers, and its agents, contractors and employees from an.d against any and allclaims, demands, .causes of action, damages,. costs; expenses, actual attorneys'. fees, consultant's fees, expert's fees, losses or liability, in I.aw 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 passi.ve•, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or•damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, withthe exception of the sole negligence or willful misconduct of City. (b.). Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or .dependent upon whether City, or its elective and appointive. boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the.
Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters.
(c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification.. of the.
Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible . . or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design. was potentially dangerous or defective and set forth a safe and feasible alternative. design...
After City's acceptance/certification of the Improvements, Subdivider shall remain obligated. to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance.
Subdivider acknowledges and agrees that Subdivider shall be responsible arid liable for. the design and construction of. the Improvements and other work donepursuant 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; Assictnment.
(a) . Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdividershall 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 requiredto 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.... standardsof 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 assignmentand assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement forwork or Improvements performed by Subdivider prior to the novation. .
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements; Extensions.
(a) Subdivider shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause.
Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in 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 Attorneythat 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. inclementweather which prevents the conducting of. work, .orby 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 Citywith 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 reasonableefforts to remedy same and resume completion of the Improvements as promptly as. practicable:
(d)... As .a condition .of. granting an extension of time to complete the Improvements required by this Agreement,. the City Manager may require Subdivider to furnish new or additional Improvement. Securities guaranteeing performance of this Agreement as extended in an •increased amount as necessary to compensate for any increase in. construction.. costs as determined by the City Engineer,
21. Notice. All notices required by or provided for under this Agreement shall be in writing and . . delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City: .
Notice to City:
Attn: City Manager
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
With a Copy to: John Pinkney, Esq.
SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262 .
D.R. Horton .
Notice to Subdivider: 980 Montecito Dr. Suite 300 Corona, CA 92879.
Attn: Jesse Mudd .
22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement. shall remain in full force and effect unless amended ormodified 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, 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' Com oensation 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 employeesengaged 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 Subdivideror 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 ca.n be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof, Workers' Compensation coverage issued by the State Compensation Insurance Fund shallbe 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 Agreementand 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 liabilityarising out of automobiles owned,. leased, hired or borrowed by or on behalf of the Subdivider;. a.nd with respect to liability arising out of work or operations performed b.y or on behalf of the Subdividerr 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 shallbe 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 Recuirements. 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) Hither 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 Laws 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 tothiscontract, the. Parties agreethat venuee 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 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 soall 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:
D.R. Horton Los Angeles Holding
Company, Inc.
Signature:
Vicki Gullion
Print Name:
Attachments: Exhibit A
Exhibit B
Exhibit C
City:
CITY OF BEAVIVIONT
a Municipal Corporation
Signature:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
John Pinkney, City Attorney
APPROVED AS TO CONTENT:
Robert Vestal, Dir. Of Engineering/Public Works
Legal description of Property
Cost estimate(s)
Performance & Payment Bond OR Cash Bond
(Proper Notarization of Subdivider's Signature is required and shall be attached)
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. /)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(,$) whose name(,%) is/aye. subscribed to the within instrument and acknowledged to me that lie/she/they executed the same. in.
Ws/her/their authorized capacity(+es), and that by la+s/her/their signature(s) on the instrument the person(A, or the entity upon behalf of which the person(a acted, executed the instrument. before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
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.
A5Hl.EY ARRYANN DONOVAN •
COMM #2417574 E
NOTARY PUsx - CAUFORN!A
RtvERSiOE COUNTY
My Commission Expires September 22.202€'
Signature (Seal)
Not ry Pu lic
Bond No. 9473419
EXHIBIT "A"
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and D.R. Horton Los AngelesHolding_Comaany, 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 Two Hundred Forty Six Thousand Nineteen and 50/100 dollars ($ 246,019.50 T ) 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 andtruly 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 March 4, 2025
Fidelity and Deposi. Company of Maryland
SURETY
By II ide-
Name: Noah William Pierce
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.
PRINCIPAL
By: r tA id -14,444_
Name: V I C _ f%7t O Yt
Title: Attorney -In -Fact Title: A sc,iSfArr S. okim-1
Address: 1299 ZURICH WAY, 10TH FLOOR By:
SCHAUMBURG, 1L 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 3/ 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(g) whose name(z) 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(a) 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
ASHLEY ARRYANN DONOVAN
COMM #2417574
NOTARY PUBLIC - CAUFORNIA 0
RIVERSIDE COUNTY -.
My Commission Expires September 22.2026
awt, Dk9rz (Seal)
Nota Public
STATE OF NORTH CAROLINA
COUNTY OF ROWAN:
I, Bryan M Caneschi, a Notary Public in and for Rowan County, North Carolina, do hereby certify that Noah William Pierce personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal this
Notary Seal
Bryan M Caneschi, Notary Public
tet day of
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 AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY • AND DEPOSIT COMPANY OF MARYLAND a •corporation of the State of Illinois (herein collectively called the "Companies"); by .
ROBERT D. MURRAY,. Vice President; in pursuance of authority gamed 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 hull force and effect on the date hereof, do hereby nominate, . . . constitute, and appoint ,Jahn F. THOMAS, Jytteil Marie WHITEHEAD, Jennifer B. GULLETf, Catherine THOMPSON, Amy R. . WAUGH; Noah William PIERCE and Andrew M. BENNETT, all of Charlotte, North Carolina, EACH its true and lawful 'agent and Attorney -in -Fact, to make, execute, .scat and deliver, for, and on its behalf as surety, and as its act and deed: any and all ponds and . undertakings, and the execution of suet) bonds or undertakings in pursuance of these presents. shall be as binding upon said Companies, as . . fully and amply; to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN. INSURANCE COMPANY at its office in New York, New York., the regularly elected officers oldie COLONIAL • AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills. Maryland., and the regularly elected officers of the • FIDELIFY ANl).DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. .
The said Vice. President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,.Section 8, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said . .
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this i6th day of August, A.D. 2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY . .
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY 1iiD DEPOSIT COMPANY OF MARYLAND •
ASS!sranr Secretary
Dawn E. Brown
State of Maryland
County•of Baltimore •
• On this. 16th day of August, A.I). 2114, before the subscriber; a Notary Public of the state of Maryland; duly commissioned and qualified, ROBERT D.
MURRAY,• Vigo President, and DAWN E BROWN, Assistant Secretary, of the Compania,.to me personally known to bc. the individuals and Akers • described in and who executed the preceding. instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that • beishs is the said officer.of the Company aforesaid; and that the seals affixed. to the preceding instrusstent are the Corporate Seals of said Companies, and that the•said Corporate Seals and.lhe signature as such officer were duly affixed and subscribed to the said inststtment by the authority and diteetion of the said Corporations:
Vice President
Raberr D.Mxtrray
IN "TESTIMONY WHEREOF, l have hereunto set my hand and affixed my Official Seat the day and year first above. written.
POA-F 177-0035B
4, -
Constance A. Dunn, Notary Public
My Corrnnission Expires: July 9.2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attome. s -in-€ act. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix thecorporate sealthereto; and may with or without cause modify of revoke any such appointment or authority at any time.
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY; and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do herebycertify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8,of the By -Laws of the Companies is still in force. . .
This Power of Attorney. and Certificate may signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 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 Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following. resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. .. .
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of March ..._.._......_._.__.r._., 2025
Brian M. Hodges.,. Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:: . .
Zurich American Insurance Co_
Attn: Surety Claims
1299 Zurich Way
Schaumburg, 1L 60196-1+356
Bond No. 9473419
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 firmlybound 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. . . * Two Hundred Forty Stx Thousand Nineteen and 50/100 ** $246,019.50 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 andagrees that no change, extension of time, alteration, oraddition 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, IL 60196
By:
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.
PRINCIPAL
�l
Name: V ( ogti (vv
ion
Title: 4c i c-htr# S C cEuw�
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/f,Vaa
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(,s`) whose name( is/ate subscribed to the within instrument and acknowledged to me that 41e/she/they executed the same in his/her/their authorized capacity(4es), and that by his/her/their signature(& on the instrument the person(M, or the entity upon behalf of which the person(e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ARRYANN DONOVAN
U 1NuI? COMM#2417574
to `r 'F NOTARY PUBLIC - CAUFORNIA 0
RIVERSIDE COUNTY
My Commission Expires September 22.2026
C-444.4- .w oma --- (Seal)
Not ry Public
STATE OF NORTH CAROLINA
COUNTY OF ROWAN:
1, Bryan M Caneschi, a Notary Public in and for Rowan County, North Carolina, do hereby certify that Noah William Pierce personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal this 9 rf' day of /" rck Notary Seal
Bryan M Caneschi, Notary Public
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 AND SURETY COMPANY, a corporation of the State of Illinois, and. the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by ROBERT D. MURRAY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John F. THOMAS., Jynell Marie WHITEHEAD, Jennifer B. GULLETT, Catherine THOMPSON, Amy R.
WAUGH, Noah William PIERCE and Andrew M. BENNETT, all of Charlotte, North Carolina, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of. the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York:, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND. DEPOSIT COMPANY OF. MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her narnes 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 l6th day of August A.D. 2019.
ATTEST:...
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Assistant Secretary
Dawn E. Brown
Vice President
Robert D. Murray.
State of Maryland.
County of Baltimore
On this 16th day of August, AD. 2019, before the subscriber,.a Notary Public of the State of Maryland, duly commissioned and qualified, ROBERT D.
MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, • to me personally known to be the individuals and officers described inand who executed the preceding instrument; and acknowledged the execution of. same, and .being by me duly sworn, depcseth 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 Seats and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
POA-F 177-0035B
,
Constance A. Dunn, Notary Public
My Commission Expires: duly 9, 2023
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 underthe attested corporate seal, appoint attomeys-in-fast with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize anyy officer or any such attorney -in -fact to affix the corporate seal thereto:: and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE .. .
the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in fullforce and effect on the date of this certificate; and I do further certify that Article V,Section 8, of .. . the By -Laws of the Companies is still in force. .
fhis Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." . .
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. .
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter.. wherever appearing upon a. certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force. and effect as though manually affixed. .
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day • of March 2025
TO REPORT ACLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaurnburg, IL 60196-1056
Brian M. Hodges, Vice President
RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN TO:.
City Clerk
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT Na 31462-26
DATE OF AGREEMENT: March 10, 2022
NAME OF SUBDIVIDER: Meritage Homes of California, Inc., a California Corporation . (hereinafter referred to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT:
77 residential
PA 18A subdivision
consisting of
, originally approved on
lots,
, and Tentative Tract 31462 ("Tract"
or "Tentative Tract Map") ,
originally approved 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:
$ $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: 30152513 - PA 18 A 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 Meritage Homes of California, Inc. a California Corporation (hereinafter referred to as "Subdivider"). City and Subdivider are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".
RECITALS
A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property").
B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City subdivision laws and codes.
D. In consideration of the approval of a final map by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws.
E. Improvement Plans (the. "Plans") for the construction., installation, and completion of. the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works ("City Engineer"). The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer.
F. .An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit "B" and incorporated and
made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B".
G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".
NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows:
1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement. (c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational. (d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all right-of-way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances. Subdivider's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development.
(f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as
specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.
2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) $246,019.50 and 00/100 DOLLARS ($XXX,XXX.XX) to
ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) $246,019.50 and 00/100 DOLLARS ($XXX,XXX.XX)
to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement.
(iv_) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot comers and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act.
(b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of
Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released. (c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts.
(d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement. Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 °/0 of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the
Standards in effect at the time the extension is granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that
revision of the drainage plan is necessary in the public interest, it will undertake such design and construction changesas 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.
Reserved.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation. (b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept. a certification from Subdivider's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative .Map. If the City. Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdivider's registered civil engineer) that the Private Improvements have been installed and constructed inaccordance 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 Im i rovements Public Proert 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, orcontractors 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 Toss 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 publicstreet 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 damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters. (c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design. After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Subdivider's Improvement Securities shall not be required to secure Subdivider's obligations under this Section
17. 18. Sale or Disposition of Subdivision; Assignment. (a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Subdivider may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor.
(b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement for work or Improvements performed by Subdivider prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements; Extensions.
(a) Subdivider shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause. Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney. (b) Any such extension may be granted without notice to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension.
(c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act of City, or from an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
(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:
Notice to Subdivider:
John Pinkney, Esq.
SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
Meritage Homes of California, Inc.
5 Peters Canyon Rd, Suite 310
Irvine, CA 92606
Attn: Efrem Joelson
22. 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 Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City:
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder: At City's option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses
(d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages requiredby this Section. The certificates and endorsements for each insurance policy shall be signed by a person. authorized by that insurer to bind coverage on its behalf. The City reserves the right to. require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section.
(e) Rec uired Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or. on behalf of the Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations. (2) Primary Insurance. For any claims related to this project, the Subdivider's insurance coverage shall be primary insurance as respects the City of Beaumont, its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the.
Commercial Vehicle/Automotive Liability Policy.
(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 Recuirements. All policies required under this Agreement shall.. contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non- payment): Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Subdivider and approved by City; nor shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained. Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk. (h) Higher Limits. If Subdivider maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
25. Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees.
26. Incorporation of Recitals. The ,Recitals to this Agreement are hereby incorporated into in the terms of this Agreement.
27. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.
28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California. 29: Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property:
(b) The provisions of Subsection 29(a) notwithstanding, Subdivider shall remain jointly and severally liable with its heirs,successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with th.e, 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:
CITY OF BEAUMONT
a Municipal Corporation
By:.
By:
City Manager
ATTEST
City Clerk
APPROVED AS TO FORM:
John Pinkney, City Attorney
APPROVED AS TO CONTENT:
personally appeared
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies onlythe 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
7,
County of
On ../ : Pr" -6 L .2& before me,
Date Here Insert Nome and Title of the Officer
4a/on J / 7 e o
-
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
la Notary Public - California
. Orange County
Commission rf 2365034
My Comm. Expires Jul 10, 2025
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
— -
Signature
Signature f Notary Public
OPTIONAL : •:......_......._.. ..:..:.- m.__ _.
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or. Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual o Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other: ...... . ._..„
Signer is Representing:
©2019 National Notary Association
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other:
❑ Attorney in Fact
o Guardian or Conservator
Signer is Representing:
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)
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
CONSTRUCTION COST WORKSHEET
"PLAN CHECK FEE EST"
PARCEL MAP OR TRACT NO.:
DATE:
Sewer Im
Approved
NV5
02/16/2022
?rovement Plans - Tract No. 31462-26 (PA 18-77 Lots)
1/27/2022
PP, CUP NO.:
BY:
George A. Lenfestey
IMPROVEMENTS
FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
Construction Costs)
Streets/Drainage
Sewer
Total
Warranty Retension (22.5%)
Street/Drainage Plan Check Fees =
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =
246,019.50
246,019.50
55,354.39
500.00
6,150.49
750.00
9,840.78
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 ri include additional 20% for recordation prior to having signed plans 1/27/22
Engineer's Signature Date
George A. Lenfestey
Name typed or printed
Civil Engineer's Stamp
*****PLEASE READ INSTRUCTIONS BELOW*****
1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Construction Cost Worksheet".
2. Show Bond Amounts to the nearest $500.
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.
I/27/2022
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
Roadway Excavation
C.Y.
1. Projects with a grading plan area x 0.50'
(hinge point to hinge point) ( xxx,xxx sf)
$ 15.00
2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fi11 (f) =
C.Y. (c or f)
(a.) Excavate and Fill
$ 0.40
S -
C.Y. (f - c)
(b.) Excavate and Export
$ 1.10
S -
(c.) Import and Fill
$ 2.80
S -
If balance, provide (a.) only, either cut or fill
If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
S -
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
$ -
E.A.
Blue Pavement Reflector
$ 750.00
$ -
$ -
$ -
$ -
$ -
$ -
S -
S -
$
1/27/2022
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
Remove Chain Link Fence
$ 2.50
$ -
EA.
Remove Barricade
$ 200.00
$ -
TON
Asphalt Concrete - 144 lbs/cu. Ft.
(xxx,xxx SF @ 0.33')
$ 90.00
C.Y.
Aggregate Base Class II (xxx,xxx [email protected]')
$ 50.00
TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) (xxx,xxx SF)
$ 600.00
apply at 0.05 + 0.03 = 0.08 gal/SY
$ -
S.F
AC ovetay (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 (Wedge Curb)
$ 8.00
$
L.F.
Curb and Gutter (Type A-6)
$ 10.00
L.F.
Curb and Gutter (Type A-8)
$ 12.00
$
L.F.
Type "C" Curb
$ 10.00
$ -
L.F.
Type "D" Curb
$ 15.00
$
L.F.
A.C. Dike (6") (incl. material & labor)
$ 8.00
L.F.
A.C. Dike (8") (incl. Material & labor)
$ 10.00
$
S.F.
P.C.C. Cross Gutter and Spandrels
$ 10.00
S.F.
P.C.C. Sidewalk
$ 6.00
SF
P.C.C. Drive Approach (16' Wide)
$ 8.00
EA.
Handicapped Access Ramp
$ 1,500.00
EA.
P.C.C. Drive Approach
(individual lot driveway approach per finished grading plan) $ 8.00
$ -
S.F.
Join Existing Pavement (Grind & Overlay Exist. A.C.)
S 4.00
$ -
$
$ -
$
SUBTOTAL =
1/27/2022
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
EA.
Street Name Sign
$ 250.00
EA.
Delineators -per Caltrans Std. A73C,
Class 1, Type F
$ 40.00
$ -
EA.
Object Markers - Modified Type F
Delineators, Riverside County
$ 40.00
$ -
L.F.
Barricades
$ 28.00
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 gallon)
$ 150.00
EA.
Remove Existing Concrete Bulkhead
$ 500.00
$ -
EA.
Concrete Bulkhead
$ 200.00
$ -
C.Y.
Structural Reinforced Concrete
$ 400.00
$ -
EA.
Slope Anchors for Pipes
$ 300.00
$ -
L.F.
Cut Off Wall (Std. 2')
$ 5.50
$ -
EA.
A.C. Overside Drain
$ 500.00
$ -
EA.
Under Sidewalk Drain
$ 1,800.00
$ -
S.F.
Terrace Drains and Down Drains
$ 6.50
$ -
S.F.
Interceptor Drains
$ 6.50
$ -
EA.
Gutter Depression for Curb Opening Catch Basin Case B
$ 1,500.00
EA.
Gutter Depression for Curb Opening Catch Basin Case C
$ 1,500.00
EA.
Access Driveway for Storm Drain at Cul-de-Sac
$ 640.00
$ -
EA.
"STOP" Pavement Marking
$ 200.00
EA.
Limit Line
$ 75.00
EA.
R1 "STOP SIGN"
$ 250.00
EA.
W14-1 "DEAD END" Sign
$ 250.00
$ -
EA.
S4-5 "SCHOOL ZONE AHEAD" sign
$ 250.00
$ -
EA.
SR4-1(CA) "SCHOOL ZONE" sign
$ 250.00
$ -
SUBTOTAL = $
1/27/2022
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
C.Y.
Rip Rap (1/4 Ton) Method B
$ 35.00
$ -
C.Y.
Rip Rap (1/2 Ton) Method B
$ 40.00
$ -
C.Y.
Rip Rap (1 Ton) Method B
$ 45.00
$ -
C.Y.
Rip Rap (2 Ton) Method B
$ 50.00
$ -
C.Y.
Grouted Rip Rap (1/4 Ton) Method B
$ 45.00
$
C.Y.
Grouted Rip Rap (1/2 Ton) Method B
$ 55.00
$ -
C.Y.
Grouted Rip Rap (1Ton) Method B
$ 60.00
$ -
C.Y.
Grouted Rip Rap (2 Ton) Method B
$ 65.00
$ -
L.F.
18" R.C.P.
$ 60.00
$
L.F.
24" R.C.P.
$ 70.00
$ -
L.F.
30" R.C.P.
$ 80.00
$
L.F.
36" R.C.P.
$ 90.00
$ -
L.F.
42" R.C.P.
$ 100.00
$
L.F.
48 " RCP
$ 110.00
$ -
L.F.
54" RCP
$ 135.00
$
L.F.
60" RCP
$ 160.00
$ -
L.F.
72" RCP
$ 200.00
$
L.F.
$ 1.00
$ -
L.F.
$ 1.00
$ -
EA.
H.D.P.E. Clean Out
$ 400.00
$ -
EA.
Drain Basin
$ 400.00
$ -
EA.
Curb Outlet
$ 3,000.00
$ -
EA.
Fossil Filters
$ 500.00
$ -
EA.
18" C.M.P. Wye
$ 500.00
$ -
EA.
Riprap Headwall
$ 1,000.00
$ -
EA.
Concrete Collar
$ 250.00
$ -
EA.
Outlet Structure
$ 10,000.00
$ -
EA.
Concrete Pipe Anchor & Stabilizer
$ 250.00
$ -
L.F.
12" HDPE. Pipe
$ 31.00
$ -
EA.
12" HDPE Misc. Fittings (Bend, coupling & end cap)
$ 320.00
$ -
SUBTOTAL =
1/27/2022
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
60" C.S.P.
$ 115.00
$ -
EA.
Catch Basin W = 4'
$ 1,700.00
$ -
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 = 2P
$ 9,000.00
$ -
EA.
Type IX Inlet
$ 2,500.00
$ -
EA.
Type X Inlet
$ 2,500.00
$ -
EA.
Junction Structure No. 1
$ 3,000.00
$ -
EA.
Junction Structure No. 2
$ 2,500.00
$ -
EA.
Junction Structure No. 6
$ 3,700.00
$ -
EA.
Transition Structure No. 1
$ 2,000.00
$ -
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
$ 2,700.00
$ -
EA.
Manhole No. 4
$ 5,000.00
$ -
EA.
Adjust Water Valve (if no water plan)
$ 150.00
$ -
EA.
Adjust MH to grade (if no sewer plan)
$ 400.00
$ -
EA.
Headwall
$ 5,000.00
$ -
Remove & Dispose of Interferring 30" Storm Drain
L.S.
and 36" Riser
$ 500.00
$ -
EA.
Remove & Dispose of RCB Headwall & Wingwall
$ 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
$ -
$ -
$ -
$ -
$ -
SUBTOTAL =
1/27/2022
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
0 EA.
Water Quality Structure
$ 2,500.00
$ -
0 LS
Concrete Inlet Apron
$ 11,000.00
$ -
0 LS
Emergency Spillway
$ 27,000.00
$ -
0 LS
84" Storm Drain Grate
$ 8,500.00
$ -
0 SF
3' Wide V -Gutter (945 LF)
$ 4.00
$ -
$ -
$ -
$ -
$ -
$ -
Subtotal:
A. Subtotal
B. Contingency (15%)
C. Streets/Drainage Total (A + B) $
1/27/2022
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 1/27/2022
SEWER IMPROVEMENTS
Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable quantities as part of street improvements.
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
2,120
L.F.
4" PVC. (77 Lots @ 25' Avg. Length & 5' for cleanout)
$ 15.00
$ 31,800
-
L.F.
4" P.V.C. Force Main & Fittings
$ 26.00
$ -
2,523
L.F.
8" PVC
$ 30.00
$ 75,690
-
L.F.
8" V.C.P. Extra Strength (C-700)
$ 35.00
$ -
L.F.
12" V.C.P.
$ 40.00
$ -
-
L.F.
15" V.C.P.
$ 50.00
$ -
17 EA.
Standard or Terminus Manholes
$ 2,500.00
$ 42,500
6 EA.
Modified 5' Manholes
$ 3,000.00
$ 18,000
EA.
Drop Manholes
$ 4,000.00
$ -
77 EA.
Cleanouts
$ 500.00
$ 38,500
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. Fittings
$ 120.00
$ -
-
L.F.
Sewer Pipe Sleeving
$ 36.00
$ -
EA.
Sewer Lift Station
$ -
29 EA.
Backflow prevention device
$ 250.00
$ 7,250
-
EA.
8" P.V.C. Misc. Fittings & Plugs
$ 190.00
$ -
1 EA.
Remove 8" P.V.C End Cap/Plug
$ 190.00
$ 190
A.
Subtotal
B. Contingency (15% x A)
$ 213,930
$ 32,090
C. Sewer Total (A + B) $ 246,020
k******************************************************************************************isisisisisisisisisisi:'k'k'k'k'k'k'k'k'k'k'k'k'k'k'k'k'k'k'k'k'ki:i:*****,
1/27/2022
Bond No. 30152513
Improvements: Sewer
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Meritage Homes of California, Inc. (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated , .20 whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. Tract No. 31462-26, which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Two Hundred Fotv Six Thousand Nineteen and 501100 dollars ($246,019.50). 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 March 2, 2022.
(Seal)
The Continental Insurance Compan\
(Seal)
Meritage Homes of California, Inc.
' "SURETY PRINCIPAL
By:
Name: James I Moore
Title: Attorne,. -in-Fact
Address: 151 N. Franklin Street
Chicago, IL 60606
Name: G 1 en A
Title: �19 l\ -1 .a - t ok- h- t aw ryt�
By: j
Name:
k G Skicolz&
Title: \1 P I C b
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
on March 08, 2022
before me,
)SS
Laura J. Gunderson
, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) w ose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
LAURA GUNDERSON
Y
i., a� Notary Public, State of Arizona
cli t Maricopa County
Commission #615665
My Commission Expires
Novernbc.: 05, 2025
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
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
a
STATE OF ILLINOIS.
COUNTY OF DUPAGE}
On March 2. 2022, before me,. Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared, James I Moore known to me to be Attorney - in -Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf . of the said corporation, and duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires, August 28, 2025
Commission No.859777
j�
{A A
Sinem Na a, Notary Public
OFFICIAL SEAL
SINEM NAVA
Notary Public - State of Illinois
MM Commission Ex-:ires Aura. 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 Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2021.
The Continental Insurance Company
Paul T. Bruflat , '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
+ '
BEAL NOTARY PUBLICa.,
i SOUTH DAKOTA i
444444444444444444444444♦
erg -
My Commission Expires March 2, 2026
/27
M. Bent Notary Public
CERTIFICATE
I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 2nd day of March, 2022.
The Continental Insurance Company
D. Johnson
Assistant Secretary
Form F6850-4/2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Bond No. 30152513
Improvements: Sewer
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Meritage Homes of California. Inc. (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated , 20_, whereby Principal agrees to install and complete certain designated public improvements which is hereby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of 6 of Division 4 of the Civil Code in the sum of Two nd Forte Six and Part ti meteenHudrean�1 50 � 00 Do azThouss +; 5246 019.501 for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
[signatures on following page]
8
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 2.2022.
By:
(Seal)
The Continental Insurance Company
R ETY
Name: James 1 Moore
Title: Attome\ -in-Fact
Address: 151 N. Franklin Street
Chic.: n, IL 60606
(Seal)
Mer`stage Homes of California, Inc.
PRINCIPAL
By:
Name: G l er, /1'4 T�
Title: i P 1\10,A 1-0./Js. erd-
Name:
cCb
Title: , V
Address: 5 Peters Canyon Rd, Ste 310
Irvine,_CA 92606
Al. L SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9
PARTT ER (S)
ArroRNEY-IN-EAcr
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 tt tthfulness, accuracy, or validity of that document.
STATE OF ARIZONA
COUNTY OF MAR(COPA
on March 08, 2022
before me,
Glen A Talk, Vice President. -
who proved to me on the basis of satisfactory evidence to be the person(s) w ose 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)1 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, execuhed the instrument.
)5S
Laura .L Gunderson
, Notary Public, personally appeared
I certify under PENALTY OF PER]tfRY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
��_6u-rC1kr o-ty�
LAURA GUNDERS0E
Notary Pubkio. State of Ariz( . ..: •
Mario°pa County
Commission 40 6156&5
1,4y Commission Expires
Aiow,:oit)5r O5. 2025
Ire,M65.39:aer/1.450V.,
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 document.
INDIVIDUAL
CORPORATE OFFICER(S) TITiE(S)
❑ LIMITED
TRUSTEES)
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 "MAN NAMED ABOVE
DATE OF DOCUMENT
Reproduced by first American TtWa Company 1IJ2C107
STATE OF ILLINOIS
COUNTY OF DUPAGE}
On March 2, 2022, before me, Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared, James I Moore known to me to be Attorney - in -Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and duly acknowledged to me that such corporation executed the same. iy WITNESS WHEREOF, I have hereunto set my hand qnd affixef my official seal, the day and year stated in this certificate abpve.
My Commission Expires, August 28, 2025
Commission No.$19777
r).
i
Sisiern Nava, Notary Public
OFFICIAL SEAL
SINEM NAVA
Notary Public • State of Illinois
Niv Commission Expires ALP 28, 2825
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 Kanner, Dawn L Morgan, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, Tat-iese M Pisciottu, Diane M Rnbright, Martin Moss, individually of Downers drove, 1L, its true and lawful Attorney(s)-in-Fact with fa power and authority hereby conferred to sign, scat 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 Cully and to the same extent as if such instruments were signed by a duty 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 26th day of June, 2021.
The Continental Insurance Company
Paul . Bru#laf ire President
State of South Dakota, County of Minnehaha, ss:
On this 20th day of June, 2021, before me personally carne Paul T. ilruflat 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 seat 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 decd of said insurance company. -464.4.-.4.4.4.44,4%......4.4.44,4.-4, 4-
m. BENT
MMlrAar pusuc f.
COWIN pAcO7A' etJ;
My Commission Expires March 2, 2026
M. Bent Notary Public
CERTIFICATE
1, 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 free, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 2nd day of March, 2022.
The Continental Insurance Company
(n..C
D. Johnson
c*.01‘eieWaseev
Assistant Secretary
Form F6850-4/2012
Go to vivow.enasurer y.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
SE WER NOTE S
SEWER O 4n0,111,700.50,111,700.5ON AND R0,111,700.5IO NSPELL BE IN ACCORDANCE M M£ C OF B£AUNON070 STAND.. AND SP. WIICATIONS AND .S.M.MUNICIPAL WATER Lsracr 'S (0,,m) GUIDELINES
2. CRAWS SEW ER PROFILE ELEYARM5 ARE TO BE FLO W LINES (CONDUIT INVERT )
3. MANHOLES SHALL BE CONSTRUCTED IN ACCORDANCE WITH RCm SFO 06 SEWER MAINS MAY BE LAID THROUGH ME MANHOLES AND U SED AS A FORM FOR M£ INVERT MST IRON SHALL BE USED FOR MOH. COV£PS AND SHALL HAVE A 12 COVERING RING.
A PRIOR TO CWJSTRUCIION OF SE WER, CONTRACIOHR SHALL EXPOSE IXlSR NG SEWER AND VERIFY ITS MISTIN G ELEVATION WHERE MASC., TO F XS1I. SN HM£S AM INLET STUB OE PROPER SZE MSS NO ALR A 00 WOE SHALL BE MOUE TO E XI STING MANHOLE &S£ OR SNB EXCEP T AS SPECIFICALLY AU THORS. BY THE CITY OF BEN NO.
5. WHERE A NEW INLET MUST BE CON STRU CTED IN AN EXISTING MANHO1 £. TH E ELYATION OFDE INLET SWILL BE SUCH war as CROW N SHALL BE MM. WIRY ME CROWN M£ WILET P£, AT THEIR PROJECTIONS TO II. MANHOLE CENTERLINE 6 ALL SEWER INLETS AT THE M ANHOLE SHALL E SUCH MA7 as GROWN SHA LL BE LEVQ WITH THE CROWN OF THE OUT(£! PIPE. AT THEIR PROMOTION IO ME MANHOLE CENTERLINE.
Z THE CONTRA CTOR 0 ADVISED THAT ME WORN ON MI5 PROJECT MAY INVOLVE WORKING IN A CONFINED MR SPA CE. CONTRACTOR 5X0411 BE RESPMSIBL£ FOR 'CONFINED AIR SPICE' AR TICLE LM, TIT. 6 C IFORNM AD MIN [SN MITON CODE 0 PROVIDE BACKQOW PREENTIGN D.C. W HERE UPSTR EAM M4NNOIE RIM IS HIGH ER TIN PAD 01080TH.
A PPMDE APPROPRIATE MARKING TAPE AT TOP OF ME PIPE CENTERLINE ON TOP OF M. BEDDING.
1a SEW ER LATER AL SHALL B£ TYPE A' PER DETAI L SHOWN HEREON, UNLESS OTHERWISE NOM OR DETAILED ON PRAM S.
II. DEVELOPER SHALL HAVE CEOTECHNICAL/ SOIL EN GINEERING E OM OBSERVE MEN CHING.
LCONP ACnON OF LL UTILITY TRENCHES WITHIN EASE.. A ND
ROAD RIGH T OF WAY. TWO SETS Of COMPACTION REP OR TS CERTIFYING EAT WORK WAS DONE IN CONFORMANCE TO STANDARDS AND 0IECHNILREPORT SWILL BE 000 /4 AGGREGATE BASE NSUBMITTED TO THE A Of PIM/ 40 OLS ARE PU CK SNSIAT 0T TWO WORKING DAYS
11. UTILITY TREN CH 51000/10 PER PLAN. PROFI LE RCm 570 618 AND LATEST GREEN BOOK SECTION 306. CRUSH ROCK BEDDING, HAUNCHIINI& L &ST IILL PER GREEN BOOK TABLE 306-11.13(8). MUTMUM ROCK GRADATION 12 INCH FOR PVC PIPE SIZE 15 INCH AND SM ALLER AND J/4 INCH CRUSH ROCK FOR OR' PVC PIPE LARGER RAIN 15 INCHES DIAM ETER.
13 . TRENCHIN G AN D EXCAVATION PER 29 CFR 1926.651AN0 1926.652 OR COMPARABLE OSHA -APPROVED S ATE MAW REQUIREMENTS.
Y' FOR .EWER MAINS 15 INCH N 01400700 900 SMALLER AT DEPTHS BETWEEN 15 AND TO FEET (FRM PINISH SURFACE TO ME ]W OF TH£ PIPE) RICHER CLASS ;EMT/ 00 MONGER PIPE 0R BOTH DAN 8E ME0 TE NMYSE 5000001 SOILS 000084/ SUPPORTING CALCULATIONS TO SUBSTANTIATE ME USE OF PVC 500 35 SEWER PIPE. 5 ,M4X VELOCITY OF THE 00807 MAIN SILL NOT EXCEED ICF7/SEC DESIGN nog, AN D M IN IM UM ACCEPTED /0100/4/ SHAM BE 104/SEC DESIGN FLOW (HAM D£PM5: I/2 FULL ‘ml. 400 /2' SLOPES AND SMALLER ASFOLL09ND 63011/4 01 � ,/4'OSO - 00660001500050, W i6' 0310 1 00. 500 14(0. 0150. MINIMUM SLOPES AE AS FOLLOWS WOWS:4 /-L0040S 0.0MMAININES 6' -0040 10' 0031, IS- 0019 15" 0016, O IfiDW142I' M12 z4 0.010.
4i V 0090 AND HOR20N/AL SEPARATION OF LATERALS OR SEWER AWN LIM W ATER 0R RECYCLE WATER LIRE SH4LL BE IN 0/000 0/0 WITH SWRCB-000 A I; WHw SEW ER LINE "'gran INtNNS GT DRIER WSIOUC'
M£ ONSIDE %P£ = TO INOI&I£ ME AVAIUB(E
O) CLU&N C£S
GO MA OF OEPIH M ORE NAN IT FEET FR(20 FINISH Bt., 6070E TO S 440 PIPE 5'//S 00SHALL BE A MINIMUM 60' IN D0METw AND SH ALL BE CONSTR UCTS , PER RCm STD 60 WITH A MAN HOLE' FRAM ES AND COVERS PER RCM STD sm. 40 MANHOLES OF DEPTH M0R£ THAN IT FEET FROM FINISH STREET GRADE TO SEWER PIPE SHELF SHALL BE LINED WITH APPROVE D CMS PVC LINER RE BASE 400 ALL
REM AINING EXPOSED CONCRETE SHALL BE CDANEO MTH AN AP PROVED POLYURERGNE COATING. THE LOWS AND COATI. SILL BE FREE FROM DEFECTS, MOTES OR SURFA CE IRREGULARS.
TO. MANHOLE SPACING - THE MAXIMUM DISTANCE BETWEEN MANHOLES FOR PIPE 15 INCHES IN DMA.4 OR SMALLER l5 400 FEET. FOR 18 INCH OF /SER AND 0000 l5 500 REEF. .HOLES ARE REMIS ED AT ME B EGINNING AND ENO OF THE CURVES. FOR RADIUS LESS THAN 500 FEET, TH E AAXIMM MAW. SPACING 6 TO FM
21. M INURE AND LATERAL 000/100. SHALL BE CONSTRICTED IN ACCORDANCE MOM RCM SM ORAWNC 603 FOR V. PIPE AND 000000 TO PVC PIPE CLEANOUT PIP£ MUST BE THE SAM E DMN£ I£R AND IMTERIN AS M AIN SEWER LINE.. CLEANOO T SWILL RE PLACED M EACH LATER AL IN0 00 DO ME PROP ERTY LINE AND SHALL BE COGROII70 AN D APPROVED BY B.O. AND S4F£tt DEPARTMENT
22 TM. PIPELINES PER LATEST arm GREEN B00K. SECTION 106-1. 4. 23 IN NO CASE SHALL THE SEW ER 5YSiEM BE ENTERED ENT/ AU TESTING, CLEAN . AN0 FINAL IN SP ECTION S COM PLETED N0 FLU5H NG W ATER OR DEBR IS SHALL BE ALLOT.
TO EN TER ME EYIST I10 SYSTEM.
PR IVATE ENGIN EER S IGN ING THES E
PLAN S IS RESPON SIBLE FOR ASSURING THE
ACCURA CY AND ACC£PTABILIr= OF THE
D ESIG N HEREO N. IN THE EVEN T OF
DISCREP AN CIES ARISING AF TER CITY
APPROVAL OR DURING CONSTRUL0O N, THE
P RIVATE ENC/N EER SHALL BE RES PONSIB LE
FOR DETE RMIN IN G AN ACC EPTAB LE s own N
AND RENS/N G THE PLANS FOR APPROVAL BY
THE CI,
ACM'
WO RK CO NTAINE D 'WHIN THESE P LANS S HALL
NO T CO MMENCE U NTIL AN E NC ROACHMEN T
PERMIT AND/OR A CCRAD/NG PERMIT HAS
BEEN ISSUED.
I Lt IW MM
CI :UN
GEN ERAL NOTES
SHALL R£SPWSIBIUry DA ME DEVELPER/OWNER OR
440 OFO0FOU AUMWVI FL/R AN 0/CFI0ACHT MOF- PERMIT FIMIRALL W04K PERFOMED W HIN PUBLIC RICHi-OF-WAY.
1. IT SHALL BE ME RESPMSIBILIN 40 ME CMTRACTOR ro
INSTALL AND MAINTAIN ALL CWSMUCEM . REGULATORY,
10£URROUNOINGIS ANO r0 P0O�0BE SAFO PASSL400 £SF D
�E iRAV£LING PUBLIC ANO WORME RS UNAL ME FINAL
CMPLEnW AND ACCEPTANCE
J COOSTRUC/ON PROJECTS 0007 00000 MORE MAN
ACRE MUST OBTAIN A NAn0(441 P IXLUTANTS 41505/7
4. 00 WORK SHA LL CONFORM TO ME LA OST LO1700 OF
STY W Rrvws /E TRnxsP OPTAnW DEPnRTMwr (Rcm)
AO IMPROVEMwT STANOAROS ax0 SECYFlCATONS5,,
COUNTY OROI NANC£ 461 ANO WBSEWwi AMENOMENiS.
5 TIE CONTRACTOR 0/10 BE RE5 00 WOO FM THE CL EARING
DA ME PROPOSED M G4r: A R& AND RQoe14nW cosr DE
ALL EXISTNG SEOE S PERMITTEE M4Ug4T IOLS S CITY 0
!?EgNIN'ING � C�SIORUUCiION AE! (9513 >69 &SPED M m
6. LL EXISTING 5URVEY 0000000 S 001411 BE PROTECTED IN
PLACE O 7O0CA1£0 04 A UGENEE PROFESSIMAL LANG
suRv£YGR PRIOR ro cONsmucnM cMPLENW.
J TRENCHING FOR ACSOS AND 47/S 0/ 0/T IS NOt 410
UN 111 SOIL CMPACEW REPORT IS WBMIii£p 10 ANO
OR /MALOSML OTA C4 BLPN 05 AEPAREO£E�1% 50 NARY
pRE➢ABED BY ALTA CALIFORNI14 GEISiECHNIGGII INC . SHALL BE VAILABLE UPON FEWEST.
b. ALL UNOEOR040O FACILIn£S WM LA ORALS. SHALL BE AN
UMiCEO N E IXLOICNNGSESWER EtW,A�U01SG BUT NOi
QECRBC STG PM GRAINS UNICATION LINE S.
9 ALL MANH00£S SURVEY MgqRKCS AND VALVES SHA LL BE
A0051E0 m GRAOf BY RlE NYIRACTM AFTER
CMPLEEM OF ME OVE RLAY.
10. 1541180 01 /00.. ( SAL) SHALL E APPLIED NOT
1£55 MAN FWROEN �A VS FIXLOWNC PLAG"NEM OF ME
SPHALT SURFACING SEAL AND PRIM BINDER SHALL OE
Afw UEO AT A RATE DE 0.05 ANO /00 CALLM PER 00000
ib0 RE�ECnK LY. ASP HAI.nC WULSIW SHALL CONFORM
SECEW!!l gJO. AND 19. 4 0 M£ STATE STANOARO
SP£pFICA
11 PER OD. EABOS WIRED (3Y 4700 Y04/501BE
12. !:11711:1111
0/ /LOPER SHALL BE 0S L/I RESPON0 0LE IN ASSURING MAT
00500000 IMPROVEM ENTS CONFOREke
TO ME APPROVED PLAN.
SPC0 000nW4 ANC ME O TT OF BEAUM ONT S A NDARO S
4HERE 0EMATIINV EO SIS DEVELOPER SHALL PROP050D
COHR£Cnli N£ASMFS fOR RENEW VIVO APPRO AL BY RIDE
GAY.
I3. ME CW
CORRECT
CITY OF BEAUMO NT, CALI FORNIA
SEW ER IMPROVEM ENT PLANS
TRACT NO. 31462-26
4/
'. BANR ALL COST 00.4 ME
co,w0 REPLACEMENT OF ERC TIVE
At rRaDgPFEcn°6�iroFRCOSTS THE
COSTS ANOMnWA! AMINl51RAliK
GMWLFANT. INSPE CTION TESTING AND OTHER ( 1N/
TR 37696
14. 7/0 tlry RESERVE ME RIGHTS M REWWEO REMAM DE
A AP OV PUNS 0 CMFORN MM CURRwT
m POST A NEW BOND 6 CGvSIRUCnM
HAS Oi GMMENC£0 M MIN iNO V£ARS Afh R PLANTS
N£RE APPROtEO.
TR 31462-16
SEWE R CO NSTR UCTION NO TES.'
)INSTALL 8' P. (000-35) SEW ER WIN WP £
O INSTALL PRECAST 4. L0. CONCRETE MANHOLE W/CAST IRON MANHOLE COVER PER EMWO 5TH. OWL 58-5! AND 58-61
® INSTALL 4' P VC SEW ER MUSE CMECTION PER amp sm. ma se -In ® 0£1,00E =rm. B' f00 CAP/%M AND 10IN
() INSTALL LA TERAL. CLCNSOUTS PER EM MO SI0 00 0 so -52 ©INSlNL 4" &CKQOW P000 5//ON ANTE AM0I0N E0UNOART'S 0053-A
OR EWAL
ONSTAGE TERMIN US IMNHOLE PER 00-SB
® INSTALL 450/00 00 PRECAST 005CEIE 5' ID MANHOLE W/ PVC /HER FROM 80T@M OF CHANNQ LO TOP 0£AS Ifi1G RING 900 0450 /000 INHOl£ COVE: PER MVO Sm. OHO. S82.5'4'..1. 56-61
DOWNSTREAM FACILITIES NOTE:
00000IS REWIRED TO CONSTRUCT DOWNSTREAM RACEMES IF
NOT CONSTRUCTED AT ERI E OF GONN ECRON.
Q TY .
1523 LL,
17 a
2,120 LS
I E4
E4
29 EA
EA
6 EA.
INDEX MAP
100'
A4CKELSON DR —%
54 55 56 57 'E/ 5.
TOM 200' J00
SCALE: I'=100'
O
2 L EGEND
ABBR EVIATI ONS NOT E:
TRACT 000 NO2RY
— — — — %a/r cr WAY
5 40 WOST O 5fWER MAI N
PRO POSE D SE NO R SERMC £
PURL/C /007/' EASEMENT
wR R LI NE
0 SEIKR MANHOLE
PRO POSED WATER MAIN
PROPOS. NAM SER VIC E
PAD MEM.DN
LAST LOT
M 'TRACT
MH .u-NTH
I PRO POSED CAM SHA H PV C
CD PRWO.g: BA0FLO W 0EVEN OR RC 40.
' W2' STA005 C VENN
LATERAL CALLOI/T >00J502
X NG
Dx/SmucnaN NOS RETIRE
NCE N .P
F3 FI NISH SURFACE
NV INVERT OF PIPE
C/ or CL or Q 0/004 - LIE
/AT RIGHT-OF- WAY
- WAY
UT URRAL 1 TRENC HING FOR UnLMEs AND
STA STATIO N STRUCTURES IS Nor ALLOWED DA TE
PRO P PRLPCMD SOIL CO MPACT/. REPORT IS SM ARTED
L ENGTH AND APPROVED BY THE PUBLIC WO RK
N.T.S. NOT TO SCAL E DEPARTMENT.
EL£Y/£i . ELEVATIONMIN . MINIMUM 3. THE CITY RESERVES THE RIG HT R9
MAX, MAXIMUM RE WIRE REVISION OF ME APPROVED
MP. TY PICA L PLANS TO CONFORM WITH CURRENT
BOP BOTTOM E PIPE STANDARDS A ND TO PO ST A NE W BON0
TOP TOP OF PIPE /0 4145 /040 HAS NOT COM WERE
TENDER MANHOLE WmM N TWO YEARS AFTER PLA NS WERE
POLYVINYL CHLORIDE APPROVED.
TYPE
INSIDE DIA . 4. SIOLON,. AND DRIVEWAYS APPROACHES
RIVERSIDE COU NTY WILL BE POURED/CO NSTRUCTED O NLY
TRANS DEPT AMER D RNE WAY LOCAT IONS ARE
SM . STANDARD O ERRAIIN ED.
SD.. STO MA GRAIN
NV SERER
CROSSING
MINED CLAY PIPE
APPLI CANT/SUB DI VI DER:
S00 FAIRWAY CANYON. LLC
A ma,. LI MITED LIABILITY COMP ANY
2392 MORSE A.
IRVINE. DA 92614
OFFIC E .49)14T-840 CONTACT.
C HERR ri THOMPSON
I. A PPROVAL OF THESE PUNS APPLY
ONLY W M. ME ✓UR56/CTIAV OF ME
Cm E BE AU MONT
LE GAL D ES CRIPTION
SONO
AAPNAO s
SAID CO.,
APN NUMB ER
413,90- 044 0008700).
P RIVATE E NGI NE ERS NOTIC E TO CO NTRACT OR(S)
L M£ CONTRACTOR IS REQUIRED M TAKE ALL PRE0 004004 MEAS URES TO PROTECT ME UNI FIES 5 HOM N, AND ANY OMER UN. OR STRUCTURES NOT SHOWN ON T HESE RIMS AND IS REQ UI RED FQR ENE PROMS. OE AND ANY MOM TO THESE LINES 0R STRUCTURES.
2. IT SHWL BE THE CONRACTOR5 RE SPCN9BI UIY TO NOTI FY ME 00000 OFALL NIIITIIE S
OR ST RUCTURES CONCERNED BEFO RE STARTING WORK
3 0 &NNNfs SHOWN HE REON ARE PROIMO£0 1OR. 0001NC PURPOSES ONLY CONTRACTOR SHNL . BE RESPONSIBLE FOR V.I.. ALL M ANSES PRIO R M &009/ FOR CON STRUCTION.
A ME PRIVATE ENGINEER SIGNING THESE PLANS S RESPONSIBLE FOR ASSURING ME CCURACY A. ACCEPTABSTY OF M£ DESIG N HEREW. IN M£ EVENT OF 5DIS C....
SHALL
/S CR£PA 141/
or AFTER Y APP ROVAL OR DURING .CONSI RUCTNM,, DE PRIVATE ENGINE.
BE RESPONSIBLE FOR DETERMINING AN ACCEPTABLE SOLUTION AND R OBBING THE PLANS EAR APPROVAL BY THE CITY.
DE CLA RATIO N OF ENGINEE R OF RE CORD:
I HERE BY 0£01 29£ RAT IN MY 00/£550NAL OPINI ON , THE DESIG N OF ME IMPR OVEMENTS AS SHOWN 0.4 THESE PUNT' COMPLIES 85 5 TH£ CURRENT PROFE SSIONAL E NGINEERING STANDARDS AND P RACTICES AS
THE ENGINEER IN RES PONSIBLE CHARGE OF ME DESIGN OF THESE IMPROVEMENTS I ACCEPT MILL RESPOTHE SIBILITY FOR CH DESIGN. I UNDERSTAND AND A.NOW ED. ONT N A RENEW FOR ME MOMPURPORPOSETTHE PLAN C HECK OF 005URING 0/0005 OT CRY OFBEAU MO NT. /34/ THESE
PUNS CO MPLY WIT H THE CRY PROCEDURES AND OTHE R AP PLICABLE GODE5 AND O RDINANCES ME PLAN RENEW PROCESS IS NOT A DETER MINAPON OF THE SCHAP. ADEQUACY OF THE DESIGN OF ME IMPROVEMENTS SUCH PLAN 05000 CHECK DOES NOT M£REFORE R£UE. ME OF MY DESIGN RESPONSIBILITY.
AS THE ENGINEER OF RECORD, I AGREE M DEFEND AND INDEMNIFY ME CITY OF BEAUMONT, ITS OFFICERS ITS ALMS A ND ITS EMPL01£ES FROM ANY AND ALL LV BNITI: CLAIMS DAMAGES 0R IN109ES TO ANY PERSON OR 0ROPFX4Y ARISING mom EGLIGEM ACTS, ERRORS 0R MISSION S OF ME .0INEER OF RECORD . HAS EMPLOYEES HIS AGENTS OR HIS CONSULTANTS
GE lflC N
EXPI&SKNV DATE 71-A4-2 0
5920
01/27/2 2
DATE
IN DEX OF S HEETS:
SHEET 1 - TITLE SHEET WONITY MAP, LEGEND, GENERAL NOTES .
WANRE£S AND INDEX MAP
SHEET 2 - TYPICAL SECTIONS
SHEET J - STUG. COURT - STA. 10+6074 M STA. 15+60 .15
SHEET 4 - COUPLES COURT - STA. 16414. P M STA 16+14.71
SHEET 5 - FORD STREET - STA . 10+0 .0 TO STA . 19+00
SHEET 6 - FORD STREET - 5TA 19+0 000 TO STA. 12+11 .41
DIAL TOLL FREE
8-1-1
AT LEAST TW O DAYS
BEFORE YOU DIN
UNOERDROUND SEANCE ALERT OF SOUTHERN CAuraww
BASIS OF BEARINGS.
DESCR IP TIO N
THE BASIS OF COORDINATES FOR
THIS MAP IS THE CALIFOR NIA SrA/E
PLANE COO RDINATE SYSTEM . 1983
ZON E E0 LO CALLY ON
CONTROL S TATIO NS 'RES IT AND
' RABBIT
BEARING.. N 273952" 0'
DESCRIPTIO N K USGS M ONUMENT (REST(
BENCHMARK DISK SET /N TOP OF
CONCRE TE MONUMENT STAM PED 'R ES T
MS S ON 0£SERT DAWN DRIVE ACROSS
THE DRIVE FRO MD ESER TLAWN
CMS OF THE OR.
CENTER LINE MD FT S.W.OF THE S. W.
E DGE OF THE 00 /MERS TATESOUTH EA jTBOUND GANL _
H IGH0
ELEV.. 2491. 44, NGI/D 29
CONSULTANT S IVEST,IN,
en ar., e. . Ins
PROAH Ti wVE
REVISIONS
CE 45920
P EE
SCALE
AS NOTED
Of
040,4840 By' n D a44, 1
Recommend ed for Approval By. �+ — O ate bIYIIa2
Appro0e0 By:
CITY OF BEAUMONT, CALIFORNIA
005000 0514081
CRy
City of Be aumont, Pub/ Wo rks Deportme nt
Engine ering DiviNion
SE WER IMPROVEMENT PLANS
TRACT NO. 31462-26
TITLE SHEET, VICINITY MAP, LEGEND,
GENERAL NOTES, QUANTITIES,
AND INDEX MAP
SHEET
OF 6 _ 91EEMS
ORPW AN xM4E:
ARGENT MANAGEMENT
N0. 3421
PW2021-0133
D ETAIL A - TY PI CAL LATERAL U NDE R SD D ETAIL
NOT TO SCALE
(REFERENCE EM.W.O . SID. OND.. W-IT/)
NOTE: CONSTRUCT 4' LATERAL AT 2% MI N SLOPE
0/T"'
69EC 40 68L e6ed
PR IVATE IR S IGN ING THE SE
PLANS IS RESPONSIBLE FOR ASSURING THE
ACCURACY AND ACCEPTABILITY OF THE
D ES IGN HE REON IN THE EVEN T OF
DISCR EP AN CIES ARISING AF TER CNY
APPROVAL OR DURING CONSTRUCPO N, DIE
P RIVATE ENGINEE R SH ALL BE RES PONSIB LE
FOR DETE RMIN IN G AN ACC EPTAM LE S OME.
AND REVISIN G THE P UNS FOR APPROVAL BY
THE CI,
N OIF
WO RK CO NTAINE D 'WHIN NP UNS S HALL
NO T CO MMENCE U NTIL AN E NC RLNCHNEN T
PERMIT AND/OR A GRADING PERMIT HAS
BEEN ISSUED.
UICi!- Irf,�l�
1L.
q-P RO °NSEO B"
R @ OgA E51IC WAi
P PVC ROFUSE', A•L9FROZEFff0 M 50
ED
.65'MA
PRO POSED d"
P C SEPER
DE TAIL B - TYPICAL LATE RAL OV ER SD DETAIL
NOT TO SCALE
(REFERENCE EM.W.O . STU ONE. SB-ITT)
NOTE. CONSTRUCT P. LATERAL AT 2R MIN SLOPE
R/O
B" DP WATER
(ZONE 2650)
B' DIP WATER
(Z ONE 2520)
COMM CF PPE TO
WT.. 0£ PPP
INN
B' PVC ffp£R
77HC>IL SL C17QV
FO RD S/ , OVOffINCF& CGSCOGEV
(ION£ 1510)
STORM DRAW,
WERE OCCURS
NES
\-B ' PVC SEWE R
PO' MN
°MOE OR ME 10
OUME Cr PIPE
7YHC',4L SYC)7 W
FOR D 87T EET 00117H OF W OGS ])
0/N
R/ N
59'
M/ N.
lIF P PE TO
POSSE SCAN
7YHCAL S�C?7OP
COWLES COURT MD S GGS COUF/7"
REV
DIAL TOLL FREE
8-1-1
AT IF/ST TW O DAYS
BEFORE YOU OIL
UNOEROROUND SERVICE umr OF SOUTHERN CAUFOW UA
BASIS OF BEARINGS:
DES CR I TI N:
THE BASS OF NAVES FOR
THIS MA TILE CALIFOR NIAIS THE CASTATE
PLANE COO RDINATESYSTEM : MIT,
ZON E 6, &WEO LO CALLY ON
CONTR OL S EASO NS "RES T" AND
" FARM/!
BEARING.. N 2739'52" C
DESCRIPTIO N CKUSG S M ONUMENT "REST"
BENCHMARK DISK SET IN TOP OF
CONCRETE MONUMENT STAM PE D "R ES T
7911" ON DESERT LAWN DRIVE ACROSS
THE DRIVE FRO M DESER T LAWN
CEMETER Y 1 5.3 FT NE OF THE DRIVE
CENTER LINE TA P FT SW. OF THE S. W.
EDGE OF THE
OF H IGHWAYSEASTNs. BOUND LA
ELEV.. 2491. 44, NGI/D 29
IPROACTIVE E NGIN.. ..
PROACTIVENG WEST
EN G NE
ElIGI ESP
REVISI ONS
CE 459. 20 I
P EG
SCALE
AS NOTED
Of
Renewed 0/5 '�1 D ate- 2
sm o Ern
Recommend ed for Approval By. �L>'o 0 te.Ib0Raa
CITY OF BE AUMONT, CALIFORNIA
APPreved By: Dote0111 R12app
CRY r a.
City of Be aumont, Public Wo rks Depa rtme nt
Engine ering Division
SEWER IMPROVEMENT PLANS
TRACT NO. 31462-26
TYPICAL SECTIONS
SHEET
2 OF 6 SHE IS
CIM INN xac.
ARGENT MANAGEMENT
NO 421
PW2021-0173
II
1 PROP OSED SURFACE
MOVE E OF
PIPE,.
:
1 e
.
L
L
L
L
o
/
_
IT T
r
IT I
I
I
•
,T3 3TJI
_
l i r0
PIPE ( EN O M
�m
6 PVC SEWER
PROP OSED 8' SE WER
n+
I
r
III
I
•,
II
l
/ '
, I , I ,
, ,
p¢
9a'
I I
I
I I
}' (PIPE
NGM,
F.)
I
V,pVy'
SEWER
I
I
I
I
MST, I2iH2' (PIPE ENO%
I
I
I
B" PVC SEWER
IL
III
L
I
L
I
I
L L
D
a
,T
-I
I I
-
T
PROOLE SCALE..
ROOERRI0
D
I I
I i
I II
1. -10
J
O
yY
16100 WOO
6251
2 OVA --1-0-0,4-0,-- ELI
72#00 13.100 14+00 B+W 18+00
LSw.68 _
WTR N-INC sm•
BOP e' WIN = 2mE .76 II
RI P 8- sir? - 2J93.52
11+1356 Q Z 14+J006-- 1 8' 8
rMH �4 -6.1q �" O F€ o -NH jS - GEM IY OF L� 1 SEE 2213 7s S000S TOEET I I 50' 2539.56 £RPO SW
SEWER LINES
DATA
II 5
6 //�,1 OF €
II $ 11 R5 12511- j H T2 -6 .00' W OF
I6
ii
BEdRIN /pet TA
PROWS
LEN GM
TANGENT
5 I Q J I L 1
n O o
LI NBI• x55YE
ID)S9'
3 dl
�o
II
I e
+
L? N882D'17' W
25275
-
_ -
-
ry
I _ _ _ : _ "I
`�
LS N 85D476'E
125.62'
-
- � R/ W
I*
e. w.
CD
--
00-'-'6.8.802_ - ___-
--'-.
Y -
- 88
AR_ -
-
- -
._69 He
I I
_ -_
Is
LS-
I _\_ 15+54.15 . F SLUGOS CWFT
2O+ JJ.56 � `fORD SI Rf ET
p. e. T ,�
6g5Y \
p
r�
f �
r, % / I I
/ I
-.1I
5 3
PROPO N H' P W R
,A
`- a
5 6
-..
SUGGS
�
... =
6 S
C OURT
I r• -..:
©
0 ., ... W
5 I I
WI R a -MG SWF
SO P H" wqr047 = 2398.91
i0P 8 '.5%R= 299298
I' STORM ORAIN PER SEPARATE
1 PLAN (PW2011-0114)
507 1p SWR
.SO 239331
TOP 8"6WR = 23928)
PR IVATE E NGIN EER S IGN ING THESE
PER TR 37482-26 WATER PUN
C ONST RUCTI ON N OTES
PLANS IS RESPONSIBLE FOR ASSURING THE
ACCURACY AND ACCEPTABILITY OF THE
as.N HE REON. IN THE EVEN T OF
DISCREP AN CIES ARISING AF TER CITY
APPROVAL OR DURING CONSTRUs 700( THE
FOR D ERN/NIN O NH AC BE RESPONSIB LE
A ALS'fFTAR .4 S OLOMON
TAHDHE REVISIN G THE P UNS' FOR AP PROVAL BY
THE CI,
0 INSTALL 8. PVC (SOR-35) SE WER AWN PIPE
INSTALL PRECAST 4' I.O. CBNCAREI£ AipsTLE W/CAST IRON AMN NOE E GOV A 2O pER EMYD SN. WG. 59-53 ARE;
58-61
SQ MOA N 4' PVC 5£ W£A BOISE CONNECIro N PE R NA NO STD OWG . SG -17)
WO RK CO NTNNE D 'WITHIN THESE P LANS S HALL
40' 0 40' 80' 12O SQ INSTA LL UIEAL CLGNOINS P10 EMWO SID. D WG. SB-62 INSTALL 4' BACKELOW MEYERSON DEVICE AMERICAN FODNWRYS NN53-A
NO T CO MME NCE U NTIL AN E NC RLMCHMEN T
PERMIT ND/OR A CRAG/NO PERMIT HAS
BEEN ISSUED.
6 SC -0! £' 1'=90 ' OOR £OWL
�r�`,E
I I
*Ili r� l Writ'
1 -� �_.
,,i ". 0/
o AL TOLL FREE
r_. ....41/4ZON E
Wlg,8-1-I
''tt vv
' AT LEAST 1W 0 DAY`'
BEFORE YOU DIG
3005600IIND 504x06 ALERT OF SOUTHERN 2337010n
BASIS OF BEARINGS:
OES CR I R N
THE BASS F COOROINA)£S FOR
THIS MA IS THE CALIFOR NIA STATE
PUNS CO R N TE >STEAI, 7983,
E G CAu r oN
CONTR D ANONS -REST' ANO
' RABBIYS1A
BEARING: N 273952" E
BENCHMARK.
DESCRIPNO N. SG5 M ONUN£NT 'RESY
BENCHMARK DISH SET IN TOP OF
CONCRETE MONUME NT STAM PED 'R ES T
1911" ON DESERT LAWN DRIVE ACROSS
THE DRIVE FRO M OE (AWN
CEMETER Y 2 5.3 FT .. E DRIVE
CENTER LINE T4-9 FT SW OF THE S. W.
EDGE OF THE SOUTH EASTBOUND LAN.
MILER.
1 eV
g E
AEEff/0�
N ELrx sf
^
lss
* W'
q
� Lf V f
�1
P
R6newee By: 0 „,,.....,
CITY OF BE AUMONT, CALIFORNIA
SHEET
3 Of. SHEETS
SEWER IMPROVEMENT PLANS
TRACT NO. 31462-26
SLAAG^�A COURT
IOf60)I ID 3A • ISf60. Jb
st all s. f1 a.
for AP By - '''-'-''.---°
I""" O to
PROACy Iw E
.
Al'mmend ee
p tl By Doten2 pSl)Olf
u Al
AV� V�Ap
U v ` 0 1/1%ZZ
c1 r.^Ma
RUM W59
o1/zz
OF INTERS TATE H IGHWAY^^
ELEV.. 249144, NGVB 29
D^-FD^���
^^^^
DR
City f Be aumont, P ublics W orks Deportm ent
E 9 n9 Division
MI
7W2927-0 73
ENG EEP
REVISIONS
004
T[x i
6 I)_5I_2O>z DA LE
0n90Z n os
fOR ARGENT MANAGEMENT
[RLAINO GROUND
1 Errs➢ NG
CRCUNO
PRO POSED
ABOVE
R
SURFACE
OF 'PPEi
EXISDNO
DR MIND
\ .
m
PROPOSED
SURFACE
i
G°i
PROPOSED
SURFACE
n
+
ABOVE V
OF PIPE
2390
2390
2390
ABOVE
OF
v wE
N
2380
a
a
I
-
I
app
e 23&3
I
—.—
I
I
I I
2380
B
_
-
2380
II
s D
�"
PROPOSED
—
B"SEWER
1M.d
s -b 40
-a 0A0
1 �
1 -
a-O.r•0
19 PROP OS ED
23%0
1 2370
vRD PosEn
,
.
2370
INS'TAU
1192 4'
PPE /7D//G
U✓SPNL 146]4.'
[PW £ 1£NCIHf
MS]Afl II9.25 �P/PE
INSIKL
Sd.42
,55/40 PTPTJ'
\
B
PVC SEWER
8"
PVC S[WEP
a 745 SEWER
B PVC
SE WIIt
5'
PVL SEWER
D
PROFGE SCALE
19400 2}800
J PROPOSED
ER TR.
O-,
(JJ A'',
vi
J ,+
N
AO
i!
\ \ F
MP
8. 3146
ry
22{00 23400
PVC WATER
-26 W ATER PLAN
e3
• m
75 q`!-
\ \ ,. . ,�yAV"y
... 24400 25/00 26400
PROPoSED B" PVC WATER
PER Ix. J1452-16 WATER PUN:C FCSIES7 -1,EL T_L
3 -6a1D3BTt IOFOLSiREEJURJ
P 5\
\
�`
- -
�.\
�"' i .".-� 1 / s M�
.Ns 1"O -' �1 � \ "
+Y'
N
SEWER LINE B CURVE DATA
��
+y am
,
$� // 1 : I R/W�
y
BEARING/DELTA
RADIUS
LENGJH
TANGENT
,
t.
•
-. 2...- �.� \ t\
C/
it:,'
�^
'
..:
1 I
2039'IT"
d14.00
144.29
IS.49
iI I \
`'
CP 201832 '
414.00
MGM
MI
—
--
'---
� 6,4 .72 [ESCDUST-
\ I
N•
,w '.. \ lu a d'l�Tj \\
C3 20 '391]°
AMOo
14924
7544
(�YA
]91J95 FORD SIREEi -g O
MN /0] - 6.00 ' E OF �'
/ \\. @ 3 mlln �I (J1 1 /�
rya
LI N89D416°E
32565
_r
"�' .�.,
i_�
m
" 1 L�
- - i
.$vm b
0\ v 3 1� \
5 b o-2Mrt-/ `°s° E` oR / / � 0
as COUPLES COURT 3
., _.
YYY
e'' 7 e 5TD3
8 ,NG S
� 5 3 5 B" SWR = 13]1 .50
CO NSTRU CTION NOTES COUPLES COURT
\g
0 INSTALL 8° PVC (SDP -35) SEWER M AIN PIPE
THE PR IVATE E NGIN EER S IGN /N C THESE INSTALL
PLANS IS RESPONSIBLE FOR ASSURING THE
ACCURACY A. ACCEPTABILITY OF THE
SIGN HE REON. IN TH £ EVEN T OF
DISCREP AN CIES ARISING AFTER CI,
THE
AP PROVAL OR DURING CONSTRUCT/ON, RESPONSIBLE
PRIVATE ENGIN EE R SH ALL GC BE RES PONSIBLE
FO R OE-TE RM/N I. A ACC EP TAB LE S OVA L B
AND REVSIN CA THE P LAN S FO R 4.2 2201!4( BY
THE CITY
/Y4.
q0' 0 80' Y20'
PRECASJ 4' 10. CONCRETE MANHO(£ W% JIRON MAN HOLE COV ER O P£R lili STD DWG 68-31 AND sB-51
J° INSTALL 9" PVC SEWER NOUSE CONN£CIION P ER EMWO S TD. DWG. 33-I ]T SO/NS LATERAL CLEA NOUIS PER EM U STD. 04 -
TALL G SB 52 rV'J
© INSTALL MOOED PRECAST CONCRETE 5' 1. 0. MANHOLE W/ PVC LINER FROM
OF TO TOP OF RING AND FAST IRON WAHINE
COJJOM
COVER P ER EMWD 31D OW G SD -54 AND sB-51
OM. S 54 AND
A VM WOR K S SH ALL
SCALE: 1"=40"
90' 0 40' 80' /10'
OF COMME NCE WIN AN TEN CRO ACHMEN T
PER MIT AN D/OR A GRADIN G P ERM IT HAS
BEEN ISSU ED.
SCAL, I "=40
l�l�\'� I ���}'7
U l' /'.\ l IDES CR IP TION:DES CRIPTIO N:
. .„...4),... .„- „..1.;:,.. -,...'
DIAL TOLL FREE
iL ,w-Iwrs
AT
YOU DIG
vR0[R0R0uuo SERVICE ALERT 04 /STREWN /S sass
BASIS OF BEARINGS.
E BAsrs of TOE 39//POR FDR
THIS MAP is THE CALIFORNIA STA TE
P(ANf COO RDINATE SYSTEM, 19 81
DIV E O' M AB EO LOCALLY DN
CON TR OL S TATIONS "RE sr AND
R g9g IY' .
BEARING N 27 39'52" E
BENCHMARK.
SGS MO NUMENT 'WES T.'
CON CRETE MONUMENT /N TOP of
CON CRETE STAM PED "REST
1911" ON 0£SERT LAWN DRIVE ACROSS
THE ORNE FRO M DE RT / WN
CE ETER Y 24 F .S of THE S.
CENTER LINE 14-9 FT SW OF THE SW
£DG. OF THE SOUTH EASTBOUND LA NES
OF INTERS TATE H IGHWAY TO
ELEV. 249/ 44, NOES 29
' -
Mo
rMsTss q,
=
4� q
U'L�\
S
ReVreW 2022
ea By, "'��- ow,. 21 1.2022
CITY OF BEAUMONT, CALIFORNIA
SHEET
4 OF 6 SHEETS
SE WER IMPROVEMENT PLANS
TRACT NO. 31462-26
COUPLES C OURT
sTA: IBt11.]) TO STA: 16+)4.11
re a a for 2.+clxaz
e e D° e
or 4 .04./ ay.
PROACTIVE
etl By Oat e0 L25/2022
Approved
°
v 01/2 7/22
OR0. WN[
/ / z£
°Y
�""^ V
°T-s����
^PVR
°A
Cty of Beaumo t P ublic W orks Deportment
En gineering Division
2 PW2011-0]13
4x51 248
REVISIONS
cm
PJ
" H8 i ,T_zSAL 9A1C
116.04$° 00
' 'OR ARGENT MANAGEMENT
I
�
1 1
Li
UA/D
m
I
l
I
PROPOSED SURFACE
ABOVE E OF PIPE
11 ;,-. 360
®
I
\
I
1 2395
55 PROPOSED
ABOV
SURFACE
D
. PIPE
e
SS y
I
I
1 Na
_
EXISTING GROUND
aEX 3'RN6
GROUND
_
I
o
52 FM..SURFACE
N30V E PIPE
I.
14'N OR M D RAM
P£R SEPARAi£ PLA N -\
^$
'
_
o
4'
\0
PROPOSED
SURFACE
ABOVE ¢ OF PIPE
a
I
11 I@2385
8 —1l-1";a
-
/
OR O,J,
TOP a5WR
E'L4
��
/
P DSEO\
�-
�
---11
1 F
y
If�7
' y
PER SPAR.QEPAN� II
°
o
,
.
! m
i-
9,
©215,. Wa al
2N8.16 /OP d' SIM
LAT .
I
J
b
1 BOP SO" S.D.
I
I
I_
%
wG
j ti
•�i
R\ $
8..2
T� .z3aa z6 DP 'swa
uc
I
I
2375
INSI L 7)59 (PIPE LEMON
PRO POSE , 9" SE WER
--�
INSTALL(PIPE
NSTALL
8 4310'
9596'
PVC
( P£ LENGTH)
SEWER
0 B SETT.
0. UT.
PROPOSED B"
SE WE R
•
.NOTH)
B PVC SEW ER
2.14 3.20 TOP J "S
® 2341.71 BOP 4 'MIR LAT .
�\ I
1143.15 TOP JO" SD.
\ I
INSTALL 2291
LENGTH)
2744.12 BOP SWR [AT
I
A\
(PIPE
8' PVC. SEWER
2341 42 iOP 30' Sp-
\ I
a
`
1,34666 PCP q' SWR GT.
2196 J3 NP Jti 50
\ l
PROPOSED H' SEWER
INSULT 16355'
z34fi 50 BOP SO " SO
'SIRS:,
\
8 PVC SEWER
PROFILE SCALE
HORIZ 1 =40"
D
0 1346.01 ]OP 4' (AT
- DSZIE
INSTALL
,]3,Y' (PIPE LFNG )
VRT I =4
IMO 11100
J Q
�-
J0 RI w
I W
� S
\'a ₹
J b m
42 s 0 1
fl
12/00
j
li
I
�N /05'— 600
�I-. I
'I, I
S
I> .
INSTALL (PIPE LENGTH)
131008 " PVC SE WE R 14100
E OF U© PROPOSED 9' PVC WATER
PER ]R 1/462-26 WATER PI AN
Sf363J TORO
aYAti �5
s �
© ro 6
Z!
a1
15100
SIRE
d00r£ pF f�
II
5 1.a
o
-STORM
PLAN
6 16400PVC SEWER 17400
DRAIN PER SEPARATE
(PW2011-0719)
J I .95_FOR� SIRES= C OUPLES
FIN 692 6 .00' E OF Dom\ SEE
FIN
\ 25
SHEET
0 IS
T
4 J
�^ 9f 1505 FORD SIRFE/- �y '� 2i X — T+ 7 ..
9241 bz1 _
WJ J
\
R/W
L)
_
_
T
45. CANYON PKW Y -tea • s
MH /O1 43.00 W \
\
—_
OF 4 _
r
B.
{
V� f
_s
1 C1A
C
T`
/t
\ RAy�1'��
' /W, O
_
_
� _ >L
'
CI �\
P .' ---'— 00 F71' on
� — ��MN/03 J4.57'£OF �'® 1y
MINI-RAC/0R TO .6101£ AND U. 0_09.5ZI IDH YD PMN YQ z D STINE,11 HR Ifl HORR (W IA( AND VFA]M X WI ,(Oz - 4300 OF R
LOG CF OWING SEW ER
UNES PRIOR TO C00059 0 00 CO NSTRUCT/ON NOTE S
"S'1
/291..42
SD X -INCA SWR
SOP e SD = 1350.64
O O
✓. ^ ,. I (D I
6 ©
_119885Z. 6
SO X-ING SWR
D. ID- m = 2256.64 FORD STREET
TOP a swR usin
--
n I
5 z5..01AA
O
©
_I
))Ie'
3 V �Ip
�l�
...h
6 R/W�
©
6 O
m6
10P a swR _ z3479q
\ °P VC
=
SD X-23 SwF
BOP 1B' S0 =
SE WERLINEB CURVE DATA
THE P EIVATS ENGIN EER S IGNIN G PLANS /S RESPONSIBLE FOR ASSURING THE rnu e R WIN PIPE
�` 0 NS (SOF-35) SEW
INSTALL PRECAST 4' ID CONCRETE MANHOLE W..IRON M ANHOLE GOITER 0 .69 ..05
TOP B"s WR = 1369 .10
LV.�
BEARING/DEL A
RADIUS
LENGTH
TANGENT
ACCURACY AND ACCEPTABILITY OF THE
DE SIGN HE REON. !N TH £ EVEN T OF
PER EMwo S ID. DWG. SD-. AND 5B -6I
C1 0'54'08'
1.957.00'
1294 "
PAY
DISCREP AN CIES ARISING AFTER CITY
AP PROVAL OR DURING CONSTRUCT/0N THE
JO INSTALL 4"WC SEW ER NOUSE CONNECDOW P. EAIWO SID. DWG SP -I, q0' 0 40' 80' 120 '
LT N...199 .-
4.170'
-
PRIVATE ENGIN EE R SH ALL BE RES PONSIBLE
FO R DETE RMIN IN G AN ACC EP TAB LE S OL..
4O REM OVE EXIS IW4' 8' ENO CAP/PLUS AND JOIN
L2 N267911.4 "W
-
95.96'
-
A. REVISIN G THE P LAN S FO R AP PROVA L BY
THE
THE CIE
SOINSTALL LATERAL CLEANOUIS PER BAWD STD 0169 58-51
SC ALE I'=40'
C2 159718'
29660'
7759'
35.02'
Ol0IL.
INSTALL 4" PACMROW PREVEN TION DP/ICE AMERICAN FOUN D 005 MISS -A ©OR
CS 1419'39'
/ 33 300'
53721'
16951'
OF COMME NCE U NITE AN K CONTAINE D IVITHIN T EN CRO ACHMEN THESE P IM. M� © NST M ODIf]FD RREfAS! CONCREE 5' I.D MM1NH IX£ % PVC U NER fhVM E04 0
LS 0475'44 "W
-
173.11'
PER MIT AN D/OR A CPA,. P ERM IT HAS
BEEN ISSU ED.
BOROM OF'SZNEL , TOP OF AGIUSnNG RING ANO CAS T IRON M,,,,- CO. PER EA. SID DW G BB -54 AND SB-61
L4 N45544 W
_
16355
_
\ I �`�}''7�
' /!! r l I
101 CO
_,J„),... .„- „,--4, ,_
DIAL TOLL FREE
\
U` �T Ko DAYS
A BEFORE YOU DIG
....ND SERVE ALERT OF 400/0440 50 0540
BASIS OF BEARINGS.
Es cF iP na ro
r E OAS/S OF C00 000/£/ FOR
Tws .µAP Is THE CA,,FA sw.
PLANE COO RDINATE SYSTEM, 19 61
ON E 6. B AS ED LOCA LLY YON
CON TR OL S TATIONS •RE sr AND
F BBn ". ST
BEARING N 27 3952" F
BENCHMARK
DEs cRiPnON scs MONMENr ..RES T..
BEN CHMARK DISK SET IN raa of
CON CRETE P M£ T STAM PED "REST
1972" ON DESERT LAWN DRIVE ACROSS
mE DF IE FRO M DE W
E 4A TER M 2 51 FT ]HE DRIVE
CENTER LINE 14. 9 FT 5 OF THE SW
EDGE OF THE SOU/ EASTBOUND LA NES
OF INTERS TATE HIGH WAY 10
ELEV. 2491-44, N GVD 29
-
- -
�"
W q,
y/
111 ___
M
S4� q UL�RSty
Re eW sx°22
`a By D ote-''''""
CITY OF BEAUMONT, CALIFORNIA
SHEET
5 OF 6 SHEETS
SE WER IMPROVEMENT PLANS
TRACT NO. 31462-26
S �
ST A' 0. 600 .00 TO STA .00..00
RFC,`ss
g
F a a ray.- - p L 2�+clmu
ec°mmen a or A pproval
W° m
= N°+T°
Paon TTve
-' -
0/ 4OF
Approve/ By 0at e0 L25Q022
A� �.An
v OT/2 7/22
DRAWING
6 L
ha o/2.7,112
Rr
M"R R
° °X
RFE R.
°A
of Beaumont, P ublic W orks Deportment
En gineering Division
2 PW2011-0713
440 444
REVISIONS
cm
s PT
R. .. 44 4 +o -s. 4/0/ DArz
116.0000 00
FOR: ARGENT MANAGEMENT
I
1 EXISRNC
CROO NS
I
I
24 10
11 w
_
2410
I
1�
2 $ PRCkD5E0
SUR FACE
l
Igo
I
\
I
$ 2400 1
1 b
1400
_
I
1 PROPoSEO
-
1�
2d" STORM GRAIN
ps
I
I I I
g§ 6f
Prn s£RARaI£ v uNl
_o
��
L
I I I2390
Hs uL 9 94Z l
TO E �Ncml
i
aic;
e PVt sEWaR
2390
\
I
Y51Nf .69Sb'
[ UGM
IIJ
I
I I
I 1- IL
D
-
a
I
PROFXE SCALE.'
D
I
HORlZ -40•
D
I
13)56'
i
-4
o
) CONSTRUCTION
8 PLL
6100 '� SEWER 20
R20400
RiosroxscouRr
EE
Ni,
NOTES 50•
2N00 221x0
I
SHEET J ; lt'Y.4.
PROM. 6' PVL WO
H1
STORM DRAIN PER
SEPARATE RAN © © O I
25 PER FR. JI461-16 WAVER P UN 4
O INSTALL 8' PVC (509-25)
SEWER MAIN PIPE (PW2021-0214)
/N PERAEMWO ETD DWG
J� INSTALL URRAL CLEVJO UIS
0 INST ALL 4. P. SEWER
RON MANHOLE
SB 5J AND 58 61
HOUSE CO NNECSON P. EMW01 5I0. OX G. SeCOI>� w
PER EVN D SDl DWGp
n. \e
poll RI
I FY ' I_
r icM1, Rte\
/1x9
©OR d 4" &MELO.,
PREVENTION DEICE AMERICAN MA MMY 'S NNSJ-A I
8. \
I
J
.
ry l
S
Q) INSTALL TERMINUS M ANHOLE
PER .00-58 y" '
!d
Iw
:.-:1
'I I
BiIB
SEWER
LINER CURVE DATA
55 till O
E "I m8 w 1?-,Ialb j
IT
Teil ry
BEARING/DE1TA
RADIUS
LENCIN
TANGENT
©
( � ,•R
LI N4SS'ileW
-
13).56'
-
©
5 "I
CI 924']6'
426. 00'
69.96'
3508'
b�
C1 1.3'45' .36'
414 00'
99.42'
49.95'
PR IVATE ENGIN EER S IGN ING THEE
PLANS IS RESPONSIBLE FOR ASSURING THE
ACCURACY AND ACCEPTABILITY OF THE
D ESIGN HE REON. IN THE EVEN T OF
DISCREP AN CIES ARISING AF TER CITY
APPROVAL OR DURING CONSTRULPO N, THE
FOR D STREET
I ��
U
PRIVATE ENGINEE R SH ALL BE RES PONSIB LE
AN WZR ' ' S OLUTION
ANO REVSIN CA THE P UNS FOR APPROVE BY
40 0 40 80' IRS'
THE Cm
ACM'
WO RK CO NTAINE D 'WHIN THESE P LANS S HALL
NO T CO MMENCE U NTIL AN E NC ROACHMEN T
PERMIT AND/OR A GRADING PERMIT HIS
BEEN ISSUED.
SCAL E" 1,40'
I I
UI\�� I will
1 -� �_.
04i'N --
`� DIAL TOLL FREE
r
Wtlg,` 8-1-1
''tt vv VIESCLARR/i
AT LE AST 100 0 DAYS
BEFORE YOU DIG
VIVO@G^OIILE SERVICE ALER T OF soM /5785 cau 0050
BASIS OF BEARINGS:
OES CR I T/ N
THE E2SS F 00,,,, HATES FOR
THIS MA IS THE LALIIS LESS 5'TAI£
PUNS COO RDINATE YSTEM , I98J,
ZON E E LO CALLY ON
APBNS 'RESY AND
' RABBP'
BEARING.. N 270952" E
BENCHMARK.
DESCRIPTIO N SON M ONUN£5'T 'RESY
BENCHMARK DISK SET IN TOP OF
CONCRETE MONUMENT STAM PED 'R ES T'V E
1971" ON DESERT LAWN DRIVE ACROSS
THE DRIV E FRO M DE LAWN
CEMETER Y 2 5.3 FT .. E OWE
CENTER LINE T4-9 FT 5 OF THE S. W.
EDGE OF WE SOUTH EASTBOUND LAN4
w
�
I aI I sI "'
gI
P1EEffl0�
N E`I" Irx sf
,'M�' „o ^
ss
* N'
q
�' ( V f�
�\
P
' ,
CITY OF BEAUMONT, CALIFORNIA
S H E E T
6 OF 6 SHEETS
Ac �=;
R6newe6 By, D afe-
emir I�q F1 00
Recommend ed Tor Ap By. I""" O to
SEWER IMPROVEMENT PLANS
TRACT NO. 31462-26
ST�
sTA19+M.P? ]0 SlA 11+1143
ES EN w
.
AO tl By Doteny p5l901f
u ��
M �/p
/ v ` O I/1%ZZ
cT r.^Ma .
OW x1SG L'
or/z
OF INTERS TATE- H IGHWAY
ELEV. 249144, NCVD 29
^^
0^"sc^���
^^^^
mS
City f Be aumont, P ublics W orks Deportm ent
Engineering D' ns on
MI
PW2021-0 13
uwi UP
REVISIONS
cm
T[x i
^ ll_��_i6� °P TE
�_�z�
fO° ARGENT MANAGEMENT
BEAUMONT
---- C A L l C O R N 1 A --•-
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.beaumoraca.gov
Case No. PW2025-0210
Receipt N o. R01648876
Fee $ 725.00
Date Paid 4/22/2025
BOND EXONERATION APPLICATION
FREPLA[.
Bond Type: NPerformance ❑Maintenance ❑f=inal Monument Inspection ❑Other:
1. Contact's Name Jesse Mudd
2. Contact's Address 980 Montecito Drive, Suite 300 Corona CA 92879 Phone 951-415-2974
5. Contact's [email protected]
City/State/Zip
3. Developer Name D. R. Horton Los Angeles Holding Company, Inc. Phone 951-415-2974 (If corporation or partnership application must include names of principal officers or partners)
4. Developer Address 980 Montecito Drive, Suite 300 Corona CA 92879 City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
Bond No. 301525" / TR 3'062-26 / Storm Drain Improvements New Bond #: 9473420
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. t)eveloper/Contractor has completed all the following items prior to requesting release or has ini.luded them in the application.
• Remo nd replace concrete and AC as needed where lifting. • Provide AC Crai,:k fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slu7rk_ coat for all road surfaces.
• RestoreNerify pavemenirm ing/markings.
• Restore/Verify blue dots and si_nae as needed.
• Clean and camera sewer. Provide rep -011_ .nd 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
RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN TO:
City Clerk . .
City of Beaumont
650 E. 6th Street
S urmlor t,-.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: D.R. Horton Los Angeles Holding Company, Inc. a California Corporation . (hereinafter referred to as "Subdivider"1.
NAME/NUMBER OF DEVELOPMENT:
77 residential
PA18A
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
"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.:.
$ 186,817.50
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 9473420 - PA 18A Storm Drain Improvements LETTER OF CREDIT NUMBERS:
FINANCIAL INSTITUTION:
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and enteredinto by andbetween 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 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 su•bdivisoion. 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 subjectto approval by the Director of Engineering/Public Works ("City. Engineer"). The. City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the. date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City. Engineer.
F. An estimate of the cost for construction of the public and private improvements and. performing the land developmentworkaccording 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. Theestimated 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 constructingand 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 theprovisions 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 conditionsof 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 interestsin 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 th.e .Property as specified on the finalrecorded 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:
(1)186,817.50 and 00/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (11)186,817.50 and 00/100 DOLLARS ($XXX,XXX.XX) to
secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty.
Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Securityy 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 Securities required by this Agreement shallbe 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 filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the •former Improvement Security shall be released.
(c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts. (d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time. within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, . not exceeding 10% of the original estimated cost of the Improvements, which are mutually. agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended., minus any completed partial releasesallowed 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 thepublic 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 corhpletion 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 beconfined to the Property.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider. shall at all times maintain proper facilities and safe access for inspection. of the Improvements.. by City inspectors and to the shops wherein any work is in preparation.
(b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make. certain determinations and take certain actions as follows: . (i) If the City Engineer, or his/her authorized representative, determines that the . . .
Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to. the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or.. acceptance of the Public Improvements shall not constitute a waiver of an.y 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 engineerstating 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 certificationof 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 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 shallconstitute 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 claimedby 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 8, 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'expirationofthe 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 warranty . period .shall• not .commence until final acceptance/certification ofthe•Improvements•and related work bythe 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 beenpaid 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 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 ofsuch 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. • Subdividershall, 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'sfailure 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 Im.provements,. 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 notin 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 orbreach, 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 orin. 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 ofcosts 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. .
1.6. Vesting of Ownership. Upon acceptanceof 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 appointiveboards, 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 orin equity, of every kind and nature whatsoever arising out .of or in connection with
Subdivider's operations, or any subcontractor's operations, to be performed under this Agreement for Subdivider's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of. Subdivider or any subcontractor, or anyone directly or indirectly • employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection.. with the...
Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters.
(c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design:
After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance.
Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided. above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying. any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Subdivider's Improvement Securities shall not be required to secure Subdivider's obligations under this Section 17.
18. • Sale or Disposition of Subdivision; Assignment.
(a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the. Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify. City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, • Subdivider may •request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed
assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor. . .
(b) . Any. proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of . financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents., information and other material which, in City's sole reasonable discretion, may. establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement for work or Improvements performed by Subdivider prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements; Extensions.
(a) Subdivider shall commence and diligently prosecute to completion construction.. of. all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for • such period as may be in the public interest upon the showing of the Subdivider of good cause.
Any such extension granted shall be subject to the limitations and conditions set forth in..
Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney.
(b) Any such .extension may .be granted without notice to Subdivider's. surety and shall not affect the validity of this Agreement or release the surety. or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from . the surety acceptable to the City Attorney that the. Improvement Securities required by. Section 2 of this Agreement shall remain enforceable throughout the term of any extension, (c) . . . The City Manager shall be the. sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension.. In addition, the time for completion of the. Improvements shall be extended for any delay resulting from an act of City, or from .. 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. werenot 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) . Asa 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 bythe .mutual consent of the Parties.
23. Captions. The captions of this Agreement are for convenience and referenceonly 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 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 shallbe issued by a California -admitted insurer with a rating of at least a A VII in the latest edition of Bests Insurance Guide. A• Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an
admitted insurer can be. obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof.. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further.. provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's... option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses. .
(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 liabilityarising 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'sinsurance coverage shallbe 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 a.nd 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 S.ection, and such insurance has been obtained by Subdivider and approved by City.; nor. shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained..
Certificates, endorsements, and where applicable, full copies of policies . shall be maintained on file with the City Clerk.
(h) Higher Limits. If Subdivider maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
25. • • Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees.
26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into in the terms of this Agreement.
27. Entire Agreement. This Agreement constitutes the entire agreement of. the Parties and supersedes anyprior written or oral agreements between them with respectto 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 . byand interpreted it 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 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 onbehalf 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:
D.R. Horton Los Angeles Holding
Company, Inc.
Signature: /LA;
Print Name:
Vicki Gullion
Attachments: Exhibit A
Exhibit B
Exhibit C
City:
CITY OF BEAUMONT
a Municipal Corporation
Signature:
ATTEST:
City Manager
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 Vi Lr/67.?c'
/
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(y) is/afe subscribed to the within instrument and acknowledged to me that Ise/she/they executed the same in leis/her/their authorized capacity(ies), and that by-his/her/their signature(2) on the instrument the. person(,), or the entity upon behalf of which the person(s) acted, executed the instrument., I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ASHLEY ARRYANN DONOVAN
COMM #2417574 g
2 NOTARY PUBLIC • CALIFORNIA
f RivERSIDE COUNTY
' My Commi55ibta Expires September 22, 2425
Signature (Seal)
No ary�ic;
Bond No. 9473420
EXHIBIT "A"
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and D.R. Horton Los Angeles Holding Company, Inc. (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Augusta at the Fairways II TR 31462-26 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 One Hundred Eighty Six Thousand Eight Hundred Seventeen dollars ($ 186,817.50 ) lawful money of the and 50/10
United States, tor 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 affectits obligations on this bond, and it doeshereby 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. . . . . .
[signatureson 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 Deposi
Company of Maryland
SURETY
/� By: _ /ri 4 Ate -
Name: Noah William Pierce
T€tle: Attorney -In -Fact
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.
By:
PRIN IPAL
2)/
Name: V 1 GK! L
Title. A5Cts-tc r* Secr -fTyr,
Address: 1299 ZURICH WAY, 10TH FLOOR By:
SCHAUMBURG, IL 60196 Name:
Title:
Address: 980 Montecito Drive, Suite 300
Carona, 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 Sp 012.0 ,q
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/we subscribed to the within instrument and acknowledged to me that tte/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(%), 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 (Seal)
Publi
f**/f******
„ASHLEY ARRYANN DONOVAN
COMM *2417574
ROTARY PUBLIC - CAUFORNiA C7
RIVERSIDE COUNTY
My CommsOn kites Septor t it 22.2926
STATE OF NORTH CAROLINA
COUNTY OF ROWAN:
I, Bryan M Caneschi, a Notary Public in and for Rowan County, North Carolina, do hereby certify that Noah William Pierce personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal this
Notary Seal
Bryan M Caneschi, Notary Public
My Commission Expires on the 4rh day of April, 2027
day of AAfs-11 3
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
IDELITY'AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICfI AMERICAN INSURANCE COMPANY,. a corporation of the ;State Of Now Yur., the COLONIAL AMERICAN CASUALTY. AND SURETY COMPANY, a corporation of the State of Illinois, and the .FIDELITY, AND DEPOSIT •COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), bt ROBERT 1). NIURRAY,. Vice President, in•pursuance of authority granted by Article V, Section 8, of the 13y Laws of s.ait'i Companies, which .are set forth on the reverse side hereof and :are hcre.by certified to be in full force and effect on the date hereof, do hereby nominate, . constitute_ and appoint'John F. THOMAS, Jynell.Marie WHITEHEAD, Jennifer S. Gt1I,L,E7T, Catherine THOMPSON, Amy R.
WAUGH, Noah 61 sliiaai PIERCE and Andrew M. BENNETT ail of Charlotte, North Carolina, EACH its true and lawful agent and Attorney-itt-Far`t, to.make. execute, seal and deliver, for, and an its behalf as surety, and as its act and deed: any and all bands and. . undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully arid 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 CO 4PANY at its office in Owings Mills, //Maryland:, and the regularly elected officers. of the FIDELITY AND DEPOSIT COMPANY OP MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Anicle V.. Section 8, of the 13y -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN. CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this 15th day of August, A.D. 2019.
ATTEST:
ZURICH AMERICAN INSURANCE' CO1.PAN.Y
COLONIAL AMERICAN CASUALTY A?siD SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Assistant Secretary
Dawn E., Brawn
Stitte of Maryland
County of Baltimore
• • On this ibtfs.day of August, A.D. 2019. before the subscriber, a Notary Public of rite State a Maryland, duly commissioned and qualified..ROBERT b_ MURRAY; Vie. President, mud DAWN E DROWN, Assistant Secretary, or the Comprsriies, to me personally known to be the individuals and officers . . described in and who executed the preceding instrument, and acknowledged die execution of same. and being by rile duly sworn, deposethand seith, that he/she is the said officerof the Company aforesaid, and that the seals affixed to the preceding instrument are the CerptrrW.e Seals of said Companies., and that the said Corporate. Seals' and the signature as such officer were duly allixed and srlbscribed to the said instrument by the authority and direction of the said Corporations. •
Nee President .. .
Robert D. Murray
jij
Ihi T S'IfMONY WHEREOF., t have hereunto set tau hand and attired my Official Seal the day and year first alcove written.
POA-F 177-00358
cA r r . �ar.
Constance A: Dunn, Notary Public
My Commission Empires: July 9, 2023
EXTRACT FROM BY-€_AWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -,Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, pnicies recognizances, stipulations, undertakings, or Other Lilts instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time.
CERTIFICATE
I, the undersigned, Vice President of the ZJRICH. AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURE'€Y COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF 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 8, of the By -Lows of the Companies is still €n force.
This Power of Attorney and Certificate rnay.be signed by facsimile under and by authority of the following resolution of the Board of Directors atilt; ZURICH, A„MERI.CAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of Decenrber I998.
RESOLVED: "That the signature ofthe 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 hearing such facsimile signature and seal shalt be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority oldie following resolutions of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND al a . . meeting duly called and held on the lOth day of:'vfay, 1990, RESOLVED: "That the facsimile or t;iechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, !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 BONTJ, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:
Zurich. American Insurance Co.
Attar; Surety Claims
I299 Zurich Way
Schaumburg, IL 60 I96-1056
Bond No. 9473420
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 ($** ), fo.r materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed. as costs and to be included in the judgment therein rendered. * One Hundred Eighty Six Thousand Eight Hundred Seventeen and 50/100 ** $186,817.50 .
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. . . . . .
The Suretyhereby stipulates and agrees that no change., extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition:
[signatures on following. page]
8
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposit Company of Maryland
SURETY
By:
Name: Noah William Pierce
Title: Attorney -In -Fact
Address: 1299 ZURICH WAY, 10TH FLOOR
SCHAUMBURG, IL 60196
(Sea!)
D.R. Horton Los Angeles Holding Company. Inc_
PRI. CIPAL
By:
Name: 't i'`, i GI/ 11 i on
Title: A55+ r-1- ce.L
By:
Name:
Title:
Address: 980 Montecito Drive, Suite 300
Corona, CA 92879
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9
ACKNOWLEDGMENT
A notary public or other officer completing this
F certificate verifies only the identity of the individual who signed the document to which this certificate is
i attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On 3I (.p.%a.-o 2S�
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person($'jwhose name( r). 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 hie/her/their signature() on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ••
WITNESS my hand and official seal.
ASHLEY ARRYANN D0N0VAN ;
COMM �F24175iA
�f
NOTARY PUBLIC - CALIFORNIA
c RIVERSIDE COUNTY F
fly Cam Expos Sevlember 22.2926 R
Signature 6_,,,u4.'` (Seal)
Notary Public
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 , 2025,
Notary Seal
My commission expires on the 4th day of April, 2027.
ary Public
• 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 N•cw York, the COLONIAL AMERICAN CASUALTY ANI) SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND .DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies'), by ROBERT D. MURRAY, Vice President, in pursuance of authority granted by Article V, See~tion 8, of the By -Laws of said Companies, • .. which •are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John F. THOMAS; Jynelt Marie WHI TEHEAD, Jennifer B. GULLETT, Catherine THOMPSON, Amy R.
WAUGH, .Noah William PIERCE and Andrew M. BENNETT. all of Charlotte, North Carolina, EACH its true and law ti agent and Attorney -in -Fact, to tike, execute, seat and• deliver, for, and on its behalf as surety, and as its act and deed: any and ail bonds and . . .. urtd€rtakings; and the execution of such .bonds oc undertakings in pursuance of these presents, shall be as binding upon said Corr:panics, as fully and. amply, to•a}I intents•and purposes, as if.they had been duly executed and acknowledged by the regularly elected- officers of the ZURICH AMERICAN IM.SUR.ANCE.COMPANNY 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 3'lDEL17'Y AND•DE,POSIT COMPANY OF 'MARYLAND at its oftice in Owings Mills, Maryland., in their own proper peison:s,.....
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., oJ' • the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed hisRter 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.COM,PANY .
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
Assistant Secretary
Daivn E. Brown
State of Maryland
County of Baltimore
On this I6th day af.Attgust, A.U. 2O19, before the snhscriber, a Notary Public of Lhe•State of Maryland, duly commissioned and qualified; ROBERT.D.
MURRAY, Vice Presideni, and DAWN E. .BROWN, Assisstaar Seeretary, of the Companies. to int personally known to be the individuals and officers described in and•who executed die preceding.latsivment, arid acknowledged the execution of same, arid being by me duly sworn,. dcposeth and saint, that • he/she is to said officer of the Company aforesaid. and that the seals affixed to the. preceding instrument are the .Corporate Seals of said Companies, and that . • the said Corporate Seals and the signature as such csfeer weredfuly affixed and subscribed w the said instrument by the authority and direction of the said Corporations, .
IN •TESTIMONY Wi-iER EOF, I have hereunto set my hand and affixed my °Metal Seal the stay and year -first above wrines.
POA-1 177-00356
Constance A. Dania, inauy Public
My Cchrtifnissioa, Expires: July 9, 2023
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 hands, policies, recognizances, stipulations, undertakings, or other tike 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 stich appointment or authority at. any true."
CERTIFICATE
1; the . iuidersigned, Vice President of the ZURICH AMER1C AID INSURANCE COMPANY, the COLONIAL AMERICAN .
CASUALTY AND .SURETY COMPANY, and the FIDELFf'Y ArND DEPOSIT COMPANY OF MARYLAND, do herebycertify 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 $, of • the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board. of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of Deceinber 1998:
RESOLVED: !"1-11at the signature °I. -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 a Attorney...Any such Power or any certificate thereof bearing such . . facsimile signature and seal shall bc valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resoiution•of the Board of Directors of the CO[.ONLAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on- the 5th day of • May, I994, 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, 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 Cotnpany, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto si,bscribed my name and affixed the corporate seals of the said Companies, this 4th day of March. ,..... .. 2(125
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_
Attu` Surety Claims.
1299 Zurich .Way.
Schaumburg, IL 60196-1056 . .
RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN TO:
City Clerk
City of Beaumont
580. E. 6th Street
Beaumont, CA 92223
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 31462-26
DATE OF AGREEMENT: March 10, 2022
NAME OF SUBDIVIDER: Meritage Homes of California, Inc., a referred to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT: PA 18 A
77 residential lots,
, and Tentative Tract
originally approved on September 8th, 2016
FINAL TRACT MAP APPROVED ON RECORDED ON
AS INSTRUMENT NUMBER: ("Final Tract Map").
California Corporation . (hereinafter
31462
subdivision consisting of
, originally approved on
("Tract" or "Tentative 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:
$ $186,817.50
(see Exhibit "B")
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
(see Exhibit "B")
EST. TOTAL COST OF
MONUMENTATION:
(see Exhibit "B")
BOND NUMBERS: 30152511 - PA 18A Storm Drain 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 Meritage Homes of California, Inq. a California Corporation (hereinafter referred to as "Subdivider"). City and Subdivider are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".
RECITALS
A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property"). .
B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required. by said conditions of approval and by the City subdivision laws and codes.
D. In consideration of the approval of a final map by the City Council, •Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws.
E. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works ("City Engineer"). The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the. Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City. Engineer.
F. An estimate of the cost forconstruction of the. public and privateimprovements and performing the land development workaccording to the Plans .has been made and .approved by the City Engineer. T.he 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 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 allof the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and . City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement. (c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed,. the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational. (d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City. Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all right-of-way, easements and other interests in real property required for construction or. installation of the Improvements, free and clear of all liens and encumbrances. Subdivider's obligations relating to acquisition. by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development.
(f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as
specified in any separatemonument agreement with the City, but in any event prior to their acceptanceby the City.
2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement... Securities" . and . individually as "Improvement Security") to guarantee the. construction and completion of all the improvements in the Development. All such improvement securities shall be•posted.with the .City prior to the City's final building inspection and issuance of a Certificate of .Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A": Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) $186,817.50 and 00/100 DOLLARS ($XXX,XXX.XX) to
ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which .amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) $186,817.50 and 00/100 DOLLARS ($XXX,XXX.XX)
to secure payment to any contractor, subcontractor, persons renting equipment . or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and . (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective .materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement.
(.iv) .. and 00/100 Dollars ($X,XXX.XX) in the form ofa cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerlinetiesnot 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 filing, shall be deemed to have been made a partof and . incorporated into this Agreement. Upon fling of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released. . (c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts.
(d) Any additions, changes, alterations, or modifications of this Agreement or to. the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities . . provided under this Agreement. In the event such changes, alterations, or additions exceed 10°/0 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 completedpartial releases allowed by Section 7 of this Agreement. Subdivider shall also provide additional Labor 8, Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended..
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the. City Standards in effect as of the date of the Approval Action specified on Page One. (1) hereof. The. City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall . be determined by the City Engineer that
l
revision of the drainage plan :is necessary in the public interest, ndicateld by the City Engineer and. ke such design and
construction changes as may be reasonable and as are
approved by City. Said changes, if any, shall be confined to the Property.
5. Reserved:
6. Ins ections• Final Acce tance and Certification of Im rovements.. (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, ththeresentatide shall request a final inspection by the City Engineer or his/her authorized utho p
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 o the City agency.t Ouch
improvements have been completed and installed to the satisfaction 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 he�Private
t
a certification from Subdivider's registered civil engineer statingrohated he.PlaP City Improvements have been completed in accordance with the app Standards and the Tentative Map: the. City Engineer, or his/her authorized.. . If
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
ave
been installed and constructed in accordance with the approved Plans, City Standards the Tentative Map, the City Engineer shall recommend certification of teC pncil comption of the
of the
Private Improvements by placing an item on the next most convenient o City
requesting certificationand 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 Im rovement 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
i
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 accordance City Council with the acceptance/certification, the. City shall file a Notice of Completion i n 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 lets 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 sh20n t of the valcece h Performance Security to an amount less than two -hundred- percent (20 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 con idered df. the
between the start of construction and the completion and acceptance 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 Improvem C th or related work. Such partial reductions or releases (if any) will merely reflect that a ce 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 notice has beeal t thegivtotal . .
claimed by all claimants for whom liens have been filed and of which to
City, plus an amount reasonably determined by the City Engineer to be required toassure the. performance of any other obligations secured by the Labor & Materials Secr tall claims and to cover related legal . costs. The balance shall be released. upon the se ttlement 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 ear warranty period and until . any claims filed during the warranty period have been until ssettled.
( y ) the warranty period shall not commence
final
As provided in Section 11, ..below,..
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, obtainall necessary permits.. and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by taw.
10. Notice of Breach/Default of Subdivider.
(a) Default of Subdivider shall include,but not be limited to: (1) Subdivider's failure to timelycomplete 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 anyy 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, transferor 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 theevent. 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 propertybelonging to Subdivider as may beon 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 theactual 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 agreesto... pay .all •.costs andexpenses 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 .. . provis.ion(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 fumished, 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 inconnection 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 th.ecare, 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 forand 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 Constructions Until . final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), andfinal 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 orr 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 defendand 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 anysubcontractor's operations, to be performed under this Agreement for Subdivider's or subcontractor's tort