Beaumont City Council
July 15, 2025

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 anyact 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 completionof the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this. Agreement, and Subdivider shall be required to notify City sixty. (60). days in advance .of any sale or transfer of ownership of the Property or any.. proposed. assignment of this Agreement. If Subdivider sells or otherwise transfers the Property to any other person 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 andshall 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 aspart of any extension amendment .a written assurance from the suretyacceptable 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 thesole 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 froman 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 ofsuch 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 prepaidand 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 unlessa. written. change of address is filed with City: .

Notice to City:.

With a Copy to:

Notice to Subdivider:

City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attn: City Manager
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 damagearising out ofor 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 similarlyto 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 Ratinc; Acceptability. Except as set forth otherwise herein, the policies. required by this Section shall be issued by a California -admitted insurer with a rating of at least a A-; VII in the latest edition of Best's Insurance Guide.. A Commercial General Liability policy issued... by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can 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 coveragessigned ed by this d person
Section. The certificates and endorsements for each insurance policy shall be g by authorized by that insurer. to bind coverage on its behalf. The City reserves the right to require complete, certified copies ofall required insurance policies at anytime of its contractors i and/or
rr torequire
ane
Subdivider to provide reports or status updates to evidence compliance subcontractors with the provisions of this Section.
(e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with. respect to liability arising out of automobiles owned, leased, hired or borrowed byor 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 Subdividers 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 contractorsshall be provided,
(ii) The Workers' Compensation policy shall be endorsed to waive allrights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall.. contain provisions stating that such policies cannot be canceled or reduced xcexcept dueto n least
est
thirty (30) days prior written notice to Subdivider (ten (10) days notice for cancellation payment). Subdivider further agrees to: (1) provide to City copies of any noticesrelating to s of receipt; and (2) cause all certificates
cancellation or reduction of insurance within two (2) days 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 ction, and
Agreem
ent until Subdivider has obtained all insurance required pursuant to this Se such insurance has been obtained by Subdivider and approved by City; nor shall Subdivider allow any
contractor or subcontractor to commence work on the I a Certificate,endorsements, until all similar insurance
and
required of the . contractor or subcontractor has been obtained. where applicable, full copies of policies shall be maintained on file with the City Clerk. (h) Hi her Limits. If Subdivider maintains higher limits than the minim ms e iified in this Section 25, the City requires and shall be entitled to coverage for the higher miss m
d
by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

25. Attorne s� Fee. In the event any action at law or in equity co gh reasonable ht to enforce
the terms of this Agreement, the prevailing Party shall be entitled to litigation sts an attorneys' fees.

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

27. Entire A reement. This Agreement constitutes the entire agreement of the Parties the subject
and supersedes any prior written or oral agreements between them with respect to 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. Governin Law• Venue. This Agreement shall be governed by and in n b ein
accordance with the laws of the State of Califo vestIn the event that suit ll ed be brought $fate.. courts
er
Party to this contract, the Parties agree that venue shall be exclusively 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 sha!llbe
deemed provisions, terms and/or covenants running with the Property in . accordance it
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 e Propertyntly for
and severally liable with its heirs, successors, assigns or successor owners of p Y the responsibilities and liabilities imposed by this Agreement unless a novatiothis Anreersn assignment agreement is executed in accordance with the provisions of Section 18 of 9

(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:
l4cri4a J,�lbArralA, c --
et ti p Go9orrnT��n
By:
ran Ta f a Ha) &w,44
City:

CITY OF BEAUMONT
a Municipal Corporation
City Clerk
APPROVED AS TO FORM:

John Pinkney, City Attorney
AP�ROVEC) S TO CONTENT:

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

State of California
County of (2.-a,7 e
On A4 c,"1-7 l//2.022 -
Date
personally appeared _
}
before me, 74 ✓ecJ S44z,ay )I
Here Insert Name and Title of the Officer
/G/u %lo 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.

Al DREw SALAZAR
rimetwaii.020,41640.4164webdoilki
` Notary Public- California
Orange County
Commission 8 2365034
µy Comm. Expires hi 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 f_

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

Description of Attached Document
Title or Type. of Document:

Document
Signer(s).Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):.
❑ Partner — ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other:

Signer is Representing:
©2019 National Notary Association
Number of Pages:

Signer's Name:
o Corporate Officer. - Title(s):
❑ Partner o Limited ❑ General
p Individual
❑ Trustee
❑ Other: _
Signer is Representing:
❑ Attorney in Fact
❑ Guardian or Conservator

Jeff Hart, Dir. Of Engineering/Public
Works
Attachments: Exhibit A Legal description of Property
Exhibit B Cost estimates
(Proper Notarization of Subdividers 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:

Storm Drain Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots 10/29/2021
PP, CUP NO.:

PW2021-0714 BY:

George A. Lenfeste\

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 =
186,817.50
$
18_62817.50
42,033.94
$
5,604.53
500.00
9,340.88
750.00

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

Above amounts do n include additional 20% for recordation prior to having signed plans Above amounts do not n include additional 20% for recordation prior to having signed plans a
10/29/21
Engineer's Signature
Georv,,e A. Lenfester
Name typed or printed
Date
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.

10/29/2021

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Storm Drain Improvement Plans - Tract No. 3 I462-26 (PA 18-77 Lots) DATE; 29 -Oct -2 I

STREET IMPROVEMENTS
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
Roadway Excavation
C.Y.

I. Projects with a grading plan area x 0.50'
(hinge point to hinge point) ( 120,771 sr)
$ 15.00

2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fill t) —
C.Y. (c or f)
(a.) Excavate and Fill
S 0,40
$ -
C.Y. (f - c) i�(b.
) Excavate and Export
$ I.10
$
(
(c.) Import anct Fill
- -
$ 2.80
$
If balance, provide (a.) onlj, either cut or fill
If export, provide (a.) & (b.), a = fill, b = cut - fi11 If import, provide (a. ) & (c.), a = cut, c= fill - cut (1 'nit costs for (a.), (b.) & +c. ) are 20% of acrual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
$ -
S.F.

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

Remove Curb and Gutter -
$ 4,00
$ -
L.F.

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

Remove Sidewalk
$ 3.00
$ -
L.i".

Sawcut & Remove Exist. A.C. Pavement
$ 2.00
$ -
E.A.

Blue Pavement Reflector
$ 750.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -

10/29/2021

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Storm Drain Improvement Plans - Tract No. 31462-26 i PA 18-77 Lots, DATE: 29 -Oct -21 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 - 1441bs/cu. Ft.
(120,771 SF (14: 0.33')
$ 90.00
C.Y.

Ae ate Base Class II ( i 20,771 SF d MO') -
S 50.00
TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 als) ( 120,771 SF)
$ 600.00
apple at 0.05 + 0,03 = 0.08 g_al_l/SY
_
$ -
S.F
AC overlay (mm. 0.101
If export, provide (a) & (b), a=fill, b=cut-€ill
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 (TN .e A--8)
$ 12.00
$ -
L.F.

Tw pe "C" Curb
$ 10.00
$ -
L F
T' )e "D" Curb
$ 15.00
$ _
L.F.

A.C. Dike (6") (incl. material & labor)
$ 8.00
LE.

A.C. Dike (8") (incl. Material & labor) -
$ 10.04
$ -
S.F.

F.C.C. Cross Gutter and S.andrels
$ 10.00
S.F.

P.C.C. Sidewalk
$ - 6.00
SF
P.C.C. Drive A roach (16' Wide) --
$ 8.00
EA,
Handic • 4 , ed Access Ram
$ 1 500.00
EA.

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

Join Existimi Pavement i Grind & Overlay Exist. A.C.)
$ 4.40
$ -
$ -
I
$ -
SUBTOTAL = $

10/29/2022

CITY OF. BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Storm Drain Improvement. Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 29 -Oct -21
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.
111 EA.

Remove Power Pole
$ 1,200.00
$ -
Street Lights (including conduit)
$ 5,000.00
$ -
EA.

EA.

Street Trees (15 gallon)
$ 150.00
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
$ 540,00
$
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 De;nressian 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 Markin
$ 200.00
EA.

Limit Line
$ 75.04
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" sin
$ 250.03
-
$ -
SUBTOTAL = $

10/29/2021

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:Storm Drain Improvement Plans - T'ract No. 31462-26 (PA 18-77 Lots] DATE: 29 -Oct -21 STREET IMPROVEMENTS (Cont'd.)
'
QTY.

UNIT
W
ITEM

UNIT COST
AMOUNT
C.Y.

Rip Rapt 114 Ton) Method B
$ 35.00
$ -
C.Y.

Rip Rap (I/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 .Rips Ra 3 (114 Ton) Method B
$ 45.00
$
C.Y.

Grouted Rip Ra-) (1/2 Tory) Method B
$ 55.00
$ -
C.Y.

Grouted Rip Rai (1Ton) Method B
$ 60M0
$ -
C.Y.

Grouted Rip Ra a (2 Ton) Method B
$ 65M0
$ -
190
L.F.
18" R.C.P.
$ 60M0
$ 11,400
502
L.F.
24" R.C.P.
$ 70.00
$ 35,140
667
L.F.
30" R.C.P.
$ 80.00
$ 53,360
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.
$ IMO
$
L.F.
$ 1.00
$ -
EA.

H.D.P.E. Clean Out
$ 400M0
$ -
EA.

Drain Basin
$ 400M0
$ -
EA.

Curb Outlet
$ 3,000.00
$ -
EA.

Fossil Filters
$ 504.00
$
EA.
18" C.M.P. Wye
$ 500.00
$ -
EA.

Riprap Headwall
$ 1,000.00
$ -
5 EA.

Concrete Collar
$ 250.00
$ 1,250
EA.

Outlet Structure
$ 10.,000.00
$
EA.

Concrete Pi.)e Anchor & Stabilizer
$ 250.00
$ -
L.F.
12" HDPE. Pipe
$ 31..00
$ -
EA.
12" HDPE Misc. Fittings (Bend, coulalin .& & end cap)
$ 320.O0
$ -
SUBTOTAL = $ 101,150;00

1O/24/26'21

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Storm Drain Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots; DATE: 29 -Oct -21
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
$ -
2 EA.

Catch Basin W - 10'
$ 4,000.00
$ 8,000
4 EA.

Catch Basin W = 14'
$ 5,500.00
$ 22,000
2 EA.

Catch Basin W = 21'
$ 9,000.00
$ 1$,000
EA.

Type IX Inlet
$ 2,500.00
$ -
EA.

Type X Inlet
$ 2,500.00
$ -
EA.

Junction Structure No. 1
$ 3,400.00
$ -
1 EA.

Junction Structure No. 2
$ 2,500.00
$ 2,500
EA.

Junction Structure No. 6
$ 3,701100
$ -
EA.

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

Transition Structure No. 3
$ 2,700.00
$ -
4 EA.

Manhole No. 1
$ 2,700.00
$ 10,800
EA,
Manhole No. 2
$ 3,300.40
$ -
EA.

Manhole No. 3
$ 2,700.00
$
EA.

Manhole No. 4
$ 5.000.00
$ -
EA.

Adjust Water Valve (if no water plan)
$ 150.40
$ -
EA.

Adjust MEI to grade (if no sewer )1an)
$ 400.00
$ -
EA.

Headwall
$ 5,000.00
i
$ -
Remove & Dis )ose of lnterferring 30". Storm Drain
L.S. i
and 36" Riser
$ 500.00
$ -
EA.

Remove & Dispose of RCB Headwall & Wingw all
$ 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
$ 25.04
$
$ -
$ -
$ -
$ -

SUBTOTAL
61,300

1O/2912021

CiTY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Storm Drain Improvement Plans - Tract No, 31462-26 (PA 18-77 Lots) DATE;
29 -Oct -21
STREET IMPROVEMENTS (Cont'd.)
[QTY.

UNIT
ITEM

UNIT COST
AMOUNT
EA,
Water Quality Structure
$ 2,500.00
$ -
I LS
Concrete Inlet Apron
$ 11,000.00
$ -
LS
Ernercency Spillway
$ 27,000.00
$ -
LS
84" Storm Drain Grate
$ 8,500.04
$ -
SF
3' Wide V -Gutter (945 LF)
$ 4.00
$ -
$ -
$ -
$ -
$ -
$ -
Subtotal:

A.

Subtotal
B. Contingency (15%)
$ 162,450
$ 24,368
C. Streets/Drainage Total (A + B} $ 186,818
*** ************W* ***** * **********:C** *n ***W** k *************-* Y***w* ****.*** ************* *** ********* *****-*****t**** **'* * **** *** ******•

10/29/2021

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT R UIREMENT WOR RTIPET
PROJECT: Storm Drain Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 10/29/2021

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
L.F.
4" PVC. (111 Lots @ 25' Avg. Length & 5' for cleanout)
$ 15.00
$
L.F.
4" P.V.C. Force Main & Fittings
S 26.00
$ -
L.F.
8" PVC
5 30.00
$ -
L.F.
8" W.C.P. Extra Strength (C-700)
5 35.00
5 -
L.F.
12" V.C.P.
$ 40.00
$ -
L.F.
15" V.C.P.
$ 50.00
$ -
EA.

Standard or Terminus Manholes
$ 2,500.00
$ -
EA.

Modified 5' Manholes
$ 3,000.00
$ -
EA.

Drop Manholes
$ 4,000.00
$ -
EA.

Cleanouts
5 500.00
$ -
EA.

Sewer Y's
5 25,00
$ -
EA.

Chimneys
S 300.00
$ -
EA. 3
Adjust M.H. to grade
$ 340.00
$ -
L.F.

Concrete Encasement
$ 20.00
5 EA.
4" P.V.C. Misc. Fittings
$ 120.00
$
L.F.

Sewer Pipe Sleeving
$ 36.00
$ -
EA.

Sewer Lift Station
$ ..

EA.

Backflow prevention device
$ 250.00
$ -
EA.
8" P.V.C. Misc. Fittings & Plugs
$ 190.00
$
EA.

Remove 8" P.V.C End Caj/Pliig
$ 190.00
$ -
Subtotal
Contingency (15% x A)
C. Sewer Total (A + 3)
.. k**>v**********,************ *****sr*****.*********•*************************t*****,l *********seer******************r******** V

10/29/2021

Band No. 30152511
Improvements: Storm Drain

PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Meritage Hones 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 One Hundred Ei!ihn Six TEtnasandEiAt Htmdred Szvetru1.1 and 50111-0 dollars ($186,817.541) 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, adminis€rators, 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 sameshall 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 oil following page]

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

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

INIPAL
Name: GI k
Title: \IP N.-4 euria vv.{-
By:

Name: kX1 AO- SC ( O Z
Title: ��
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 7

WITNESS my hand and official sea€.

Signature

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,
Laura J. Gunderson , Notary Publ€c, personally appeared Glen A Talk, Vice President - National Development of Montage Homes of California, Inc who proved to me on the basis of satisfactory evidence to tae the persons) Whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the fo « • u„ . - _:.: , _ correct.

LAURA GUNDERSON'
Notary Psl.lic. Strafe of A;izon
$ ricopii 4=s lfiltY
CO.,nmissiOn 516665
My Comr]ss»',r Expires
h overnher c3 h. 2025
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Though atute 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(5)

PARTNER(S) J LIMITED
L _ ATTORNEY -IN -FACT

TRUSTEE(S)
L_ GUARDIAN/CON€SERVATOR
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, €t 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

SIGNERS) OTHER THAN NAMED ABOVE

DATE OF DOCUMENT
Reprodumd by Fist American Title Company 11/2007

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 snake, constitute and appoint
James I Moore, Stephen T Kanner, Dawn L Morgan, Melissa Schmidt, Amy Wicitett, Kelly A Gardner, Jennifer J Mc Comb, Tariese M Plsciotto, .Diane M Rubright, Martin Moss, Individually of Downers Grove, IL, its true and lawful Attorney(s)-in-Factwith 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 folly 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 o#'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 Tune, 2021.

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

On this 20th day of tune, 2021, before me personally came Paul T. Brufiat 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. }h4tititiMYt9` ,,,,,h44w4tiyg4
M. BENT
+ „�. NU'MAY ABBE{c. +
4 SOUTH pAX(nA ss
#'_ .,.s,ti+yarn______are +
My Commission Expires March 2, 2026
M. Bent Notary Public

CERTIFICATE
I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony, whereof l 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.

Authorizing By -Laws and Resolutions
ADOPTED i3Y THE BOARD OF DIRECTORS OF THE COMM lTA r. INS] TRANCE COMPANY This Power of Attorney is made and executed piunuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
"RT.SOLVED: That ally Group Vice President may authorize an officer to sign specific doctutients, agreements and instruments on behalf .

Of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective.
i
This Power of Attorney is signed by Paul T, Bruilat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorney's on behalf of The Continental Insurance Company.

This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimouswritten consent dated the 25' day o!''April, 21312. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of axe Authorized Officers, in addition to being provided in original, hard copy Format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures-'), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company."

STATE OF ILLINOIS
COUNTY OF DLIPAGE}
On March 2. 2022, before me, Sinern 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 Comranv, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and duly acknowledged to me that such corporation executed the same.

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

My Commission Expires, August 28, 2025
Commission No.859777
1 ---

OFFICIAL SEAL

SINEM NAVA
Notary Public - State of Illinois
Iii Commission Ex-,ires AL , 28, 225
�utir \ f
Sinem Nava, tary Public

Bond No. 30152511
Improvements: Storm Drain

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

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of One Hundred Er ht��_ D Thousand Eight Hundred Seventeen and 50/100 Dollars t$186.817.50�
for materials furnished or labor thereon of any kind, or for amounts due under the Unemp'oyment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not . . exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, willpay, 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 shallin 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,
(Seal)
The Continental Insurance Company
By:

Name: James I Moore
Title: Attorne, -i.n-Fact
(Seal)
Meritage 1lomes of California, inc.

By:

L
Name: A
Title: VP f\L-- i 1-6.4.41 Devi-
Address: 151N. Franklin Street By:

C.hicaifo, IL 60606 Name: 'i,\(:), SreceSC
Title: / C b
Address: 5 P tors Canyon Rd, Ste 310
Irvine, CA 92606

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9

PARTNER(S)
�7 ATrC]RNEY-IN-FACT

TRUSTEES)

GUARDIAN/CONSERVATOR

EI OTHER
SIGNER IS REPRESENTING:

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 0 truthfulness, accuracy, or validity of that document.

STATE OF ARIZONA

COUNTY OF MAR,ICOPA
)SS
On March 68, 2022 before me, Laura J. Gunderson Notary Public, personally appeared Glen A, TI Ik, Vice President - National Develnpmpnt of hilpritAgrHnir,sv�,caf C i who proved to me on the basis of satisfactory evidence to be the person(s) wliom name(s) is/are subscribed to the within instrument and acknowledged to the 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 th WITNESS my hand and official seal.

Signature/
cut,,a6“--41Kdtvi
.and correct.

LAURA GLI DERS;:'
No• y Public, State or A. .

Msri;:apa County
C ssion # 6,156#1:
iVfy C17fY1rniss{Oft i XplFi
^to'd�rr:ner E}5, 2025
This area for official notarial seat.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

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

INDIVIDUAL

COR PORATE OFFICERS) TTTLE(S )

LIMITED
Name of Person or Entity

GENERAL
Narne of Person or Entity

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

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

NUMBER OF PAGES DATE OF DOCUMENT

SIGNERS) OTHER THAN NAMED ABOVE
Reproduced by Rut American Tide Company 11/2007

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 WITN.ES.S. WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated • in this certificate above.

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

OFFICIAL SEAL

SINEM NAVA
Notary Pubfhc - Stale of fllinois
f4ty Commission Exl ices Aug. 28, 2a25

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT know All Men fly 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 Kaxmer, 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 drove, 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 Witnes_s 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, 202.3.

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

On this 20th day of June, 2021, before me personally came Paul'I'. Bru it 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 irtsuranee company.

PR. BENT i
i�/�;�y HQ7AI Y PUIgLiC
� ys*JSOUTH 'AWFA $ i
+-,....,,,,,%,SnaswwYY4w f
My Commission Expires March 2, 2026
m
M. Bent Notary Public

CERTIFICATE
I, D. Johnson, Assistant Secretary ofile Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still 'sex force, and lartheru:rlify 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 whereon 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
ofolli."e‘Ade -
Assistant Secretary
Forth F6850-4/2012
Go to www.cnasurety.com > Owner / Obligee Services a Validate Bond Coverage, if you want to verify bond authenticity.

Authorizing By -Laws and Resolutions
ADOPTED t?Y THE BOARD OF DIRECTORS OF THE wiNTINENTAL INSURANCE COMPANY:

This Power of Attorney is made and executed3 pursuant to and by authority of the following By -Law duly adopted by lase Board ofDirectors of the Company at a meeting held on May .10;1995.
"RESOLVED: 'That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments. nu behalf • oftbe Company provided that the name of such authorized officer and a description of the documents, agreements or inslruintnts that such . .officer may sign•wilf l .provided in writing by. the Group Vice President to the Secretary of the Company prior to such execution . becoming effective.

This Power Of Attorney is signed by. Paul.'1'. 13niflat, Vict. President, who has been authorized pursuant to the above resolution to execution power of attorneys or behalf of The Continental insurance Company.

This Power of Attorney is signed aid•sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of . the Company by unanimous written consent dated the 25''' day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized .. .

Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, ftotls time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, maybe provided via facsimile or otherwise in an electronic fomtat (collectively, "Electronic Signatures"), Nmv therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Corxapany "

GENERAL NOTES:

MIS PLAN SUPERSEDES ALL OTHER PUNS PREVIOUSLY APPR.:FD BY ME CITY R B.UMONT REGARDING IMROVFMENiS SHOWN ON MIS SET OF PLANS

2. APPROVAL OF THIS PLAN ACES NOT LE SSEN OR WAIVE A NY PORTION OF ME BEAUMONT

M UNICIPAL COOS RESOLUTION OF CONDITIONAL APPROVAL, CITY STANDARDS OR OMER

ADDITIONAL DOCUMENTS LISTED HERON AS THEY MAY PERTAIN TO THIS PROJECT ME

ENBINERS IN RR ESPO SABLE CHAIS DISCOVGE SHALL PEASE THESE PLA NS WHEN

A CITY APPROVAL OF PLANS DOES NOT RELIEVE THE DEVELOPER OR ENGINEER -OF -WORK FROM RESPONSIBILITY FOR ME CORRECTION Of ERRORS AND OMISSIONS DISCOVERED WRING CONSTRU CTION. ALL PLAN RM.. SHALL BE PROMPTLY SUB MITIRO TO THE O. ENGINEER FOR APPROVAL.

4. A RENT-Cr-WAY PERMIT FROM THE BUILDING & SAFETY DE PARTME NT WIL BE R£WARED FOR ANY WORK N THE PUBLIC RIGHT OF WAY. PRIOR TO PER MIT IESANCS A CERPEATE OF INSURANCE MUST BE PLED NAMING THE GI. OF BE L MONT AS AN

ADDITIONAL INSUR ED ON ME PERM IT', POLICY IN ME MINIMUM AMOUNT OF 51,000,000.00 FOR EA CH OCCULT.. OF O AST,. THE INSURANCE C OMPANY ITING ME POLICY R .A CY MUST HAVE A RAG -' OOR BETTER S ER AND A SIZE CATEGORY OF CLAS S WI OR BETTER AS ESTALMSRED BY " BESTS" KEY RATING GUIDE

5. NO WORK SHALL BE COMMENCED UNML ALL PERMITS HAVE BEE N OBTAINED FROM ME

CITY AND OM ER APPROPRIATE AGENCIES

6. PERSON OF THESE PLANS MAY BE REQUIRED IF ME PROPOSED IM PROVEM ENTS ARE NOT

CO NSTRU CTED PRIOR TO THE DEADLINE ATE OF THE IM PROLRMFNT AGR EEMENT

7. NO REVISIONS POLL BE MADE TO THESE PLANS WAPDUT ME WRITTEN APPROVAL OF THE OTT ENGINEER, NOTED WITHIN PE RELERON BLOCK. ON THE APPROPRIATE SHEET OF THE

PLANS AND M EE SHT,

8. ORIGINAL DRAWINGS SHALL BECOME THE PROPERTY OF ME COP UPON BEING S.ED BY ME GIN ENGINEER.

9. ME ORIGINAL DRAW ING S HALL BE REACC TO REFLECT AS -BUILT CONDITIONS BY M£

EN GIN EER -OF -WORK PRIOR TO FINAL ACCEPTANCE OF THE IYORK BY THE CITY

TO ACCESS FOR FRE AND OTHER EM ERCYNCY VE HICLES SHALL BE MAINTAINED TO THE PROJECT SITE AT ALL TIMES DURING CONSTRUCTION.

IT. WHERE TRENCHES ARE 'MAIN WY EASEMNIS A SOTS REPORT CO MPRISED OF:

A. SWORN .SHEET
B. LABORATORY WORK SHEETS
a
OF THE

COMPACTION
OFO CAL FO PNIA, SHALL . PRINCIPALL Y D0NGBUSHES IN THBY A PROFESSIONAL

HELD OF APPLIED SOILS
MECHANICS. ME SOILS REPORT GU LL BE SUBMITTED TO ME CITY EN GINEERING

INSPECTOR WITH IN TWO WORKIN G DAYS R COMPLETION OF FIELD TESTS THE THISTLE FIELD LPG INSPECTOR U� COMPLE005ALL BE RE T OELH EED TESTS TO THE CITY .GINEERIN
T T2 A PRECONSSRUCPBN MEETING WALL BE HELD AT ME SITE PRIOR TO THE BEGINNING OF WORK AND SHALL BE AT.DED BY ALL REPRE.NTAMIES RESPONSIBLE FOR n' CONSTRUCTION, IN SPECTOR, SUPSHEDUL TESTING EAND ALL DINER ASPECTS OF INS iY WORK ME CONTRACTOR SHALL EREDULE PE MEETING ST CALLING ME INSPECTS 02 LINE AT 951 572 3224 AT LEAST OK 5 WORKING DAYS PRIOR TO STARTING CONS RPECTIO AP PROVED DRAWINGS MUST B£ AVAILABLE PAIR M SCNED WNO CIU 13. ALL INSPECTI ON REWESIS OTHER THAN FOR THE PRE CONSBUCPR 'ETO N

WILL NE
CoMAR BY CALORIC THE BUILDING ANO SAFETY INSPECTOR REQUEST LINE AT (951) WdN 512 -ORAL N SPECPDN REQUEST ' MUST BE RECEIIED PRIOR TO 2 OR PM. ON THE MAY T B60RE ME INSP£CPON IS NEEUEO INSPECMONS TOLL BE MALE THE H OOT WORK DAY V, .HE SS YOU WOOT ULL WORE oars

LATE MADE AFA R ' NN
P.M. INLL BE
Co SCHEDULED FR TWIN RILL W ORK GAYS LATER
...

I4. Ty OWNER AND/OR APPLICANT THROUGH PE DEVELOPER AND/OR CONTR ACTOR SHALL DEStt,N CONSRUCT AND MAINTAIN ALL RATERS CEACES INCLUDING SHORING, AND H1 SHALL BE SCY£LY RESPONSIBLE FOR CONFORMING TO ALL LOCAL. SATE AND FFOERAL SAFETY AGO SMUTS STANDARDN, LAWS AND RE0TLATONS
N TS THE CONTRACTOR SHALL CONFORM TO TABOR CW£ SECTOR 6105 BY SUBMITTING A DETAIL P LAN TO THE C tt ENGINEER AND/POR CONCERNED ART'CY STNWNG ME BEA ON � SHORING, BRACING SLOPE R OTHER ROASIONS i0 BE MADE R WA RNS '^ QIUH LU FROM ME HAZARD U GANG ROUND WRING ME EXCAVATION OF SUCH W TRENCH R RNCHES EN DURIN G ME PIPE INSTALLATION THEREIN . MIS PLAN MUST BE TEE 05£0 FR ALL B ENCHES NCE FEET GE OR M OOR ID£PM AND APPROVER RE M£ CTS" NGN£ER ONO/R CONCERNED AGENCY POU R TO COCAT TIE IV. IF RU PUN TES f°K S, SH ORING SYSTEM NT 'ilAIP ES TABLISH ED BY THE C.SRUCP.

SAFETY D BY A PRE B ED ENGINIE AOMTNITE CONE AONE ME PUN SHALL BE PREPARED 1! A REGISTERED D ST BE SI AT M£ CONTR ACTORS . PR

A COPY OR THE
O.YIA EXAVa P. PERMIT MUST BE SU& AITIEO T! THE INWEOTOR PRIM 1S"

16. IF ANY ARCHAEOLOCIAL RESOURCES ARE DISCOVERED WITHIN ANY WORK ZONE DURING CONSTRU CT., OPERATIONS NM I CEASE IMMEDIATELY, AND THE PERMIT. MI1 WAY M£ CITY ENGINEER, OPERATIONS WEL NOT RESTART UNTIL ME PERMIT. HAS REGD.

PATEN AUTHORITY FROM PE CITY ENGINEER TO DO S0.

IT ALL RERAMONS C.DUCTE9 ON TM SITE OR ADA C, THERETO SHALL ADHERE TO

ME NOISE ORDINANCE SET FORM BY THE CITY MUNICIPAL CODE ALL OPERATICS S TALL BE LIMITED BY ME NOISE ORDINANCE TO ME L£YEY OF DECIBELS SPECIFIED FOR ME AREA AND BETW EEN 7:OEAPM AND
EACH DAY M ON TION ACRVIMSHLIMI. TO ROUGH FR IDAY, MM..

OMRIWSE PERMITTED. 6 RR 00 PAL
IN ALL OFF-SI£ HAUL ROUTES S HALL BE SUBMITTED BY THE CONTRACTOR TO ME CITY NGNEER FOR APPROVAL IWO RILL WORKING GAYS PRIOR TO BEGINNING OF WORK. INC

CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEBRIS OR DAMAGE OCCURRING ALONG THE HAUL ROUTE . ADJACENT STREETS AS A RESULT OF THE GRADING OPERATION. 19 NO BLASTING SHALL BE COMMENCED MINOUT A CITY ENGINEER APPROVE° BUSTING PROGRAM AND BUSTING PERMIT.

20. THE EXISTENCE AND LOCAM.' OF UTILITY SRUC MRES AN O MO LT. SHIN ON THE CONSTRUCTION. PLANS WERE OBTAINED BY A SEARCH OF ME AVAILABLE RECORDS

ATTENTION IS CALLED TO THE POSSIBLE EXISTENCE OF OMER UTILITY FACILITIES OR STRUCTURES NOT SHIN R IN A LOCATION DIFFERE NT FORUM MAT 5.11N ON THE PUNS THE CONTRACT. IS REWIRED ro TAKE OLE PRECAUTION ARY MEASURES TO

PROTECT ME MIMES SHOYM ON ME PLANS AND ANY OTHER EXISTING FACILITIES OR

STRUCTURES NOT SHOWN,

TI, ME CONTRACTOR SHALL VERIFY ME LOCATION OF ALL EXISTING FACILITIES (DRERWND AND UNDER.. .)PIE

THE PROJECT SIM SUFFICIENTLY M EAD OF
THE CONSTRUCTION TO PERMIT ME REOF THE CONSTRUCTION PLANS. IF IT IS FOUND THAT THE ACTUAL LOCATIONS ARE IN CONFLICT NM PIE PROPOSED WORK. 22 THE CONTRACTOR SHA LL NOTIFY AFFECTE D UPLIIY COMPANIES (SEE BELOW) AT LEAST LNoIR No N AEON APRNpTE N1;N,JARRBRFA�TSA� CITY OF BEAUMONT, CALIFORNIA

SOUTHERN CALIFORNIA EDISON
(800) 409-2365
Ai&r (000) 692-0123
LI ME WARNER CABLE (760) 340-.25
COX CWMUNICARONS (860) 423-3913

23. N ACCORDANCE ME CITY STORM WATER STANDARDS A LL STORM DRAI N WISES CONSTRUCTED BY THIS PLAN SHA LL I NCLUDE 'STENCILS ' BE ADDE D TO PRON. WA STE NNSRCAM . STENCILS SHALL BE ADDED TO ME .PROACTION OR THE

DISCHARGE
. ENGINEER .

STOR M DRAIN NOTES:

T. RE CONTRACTOR SHALL CONSTR.,. DRAMA. IMPROVEMENT SHOWN ON THE DRAWINGS IN CONFR MNCE WIT S M£ REQUIRE MENTS OF THE RIVERSIDE COUNTY FLOOD

CONTROL AND WATE R CONSERVATOR DISTRICT DESIGN ANAL STANDARD DRAWINGS RECENT EDITION AND IS IN CONFORMANCE WON THE REWIRE.. OF THE BEAUMONT DRAINAGE SETCY M£NI PUN.
2 ME CO NTRACTOR IS REWIRED M CONTACT ALL LOUSY AGENCIE S REG N. T£NPoCRY SUP PORT ARO SHORING R£W/EMNPS FO R THE V.. UNITIES SHOWN IN ME PLANS .

3. CONS TRUCTION INSPECTION WILL B£ PLRFORED BY CITY OF BEAUMONT. CONTACT (951) 769-8520 THE CITY MUST BE Noun ONE N£M PRIOR TO CONSTRUCT.

4. ALL STADONING REFERS TO THE ...NE OF CONSTRUCT. UNLESS OTHERWISE NO..

S SIATHWI NG FOR ETERALS AND CONNECTOR PIPE REFE R ID P£ CENTERLINE-CEN.LLNE-INTERSECTION STATION .
b RS BEFORE £XG SON, CALL UNDERGROUND SEANCE ALR1
1800-127T260O
7 • ALL CROSS SECTIONS ARC M, (COKING UPSTREA M
e NOTE D

AND LOCATNOF CLONES SHOWN ART APPROXIMATE UNLES S OTHERWISE NOTED. ALL UUmES SHOWN ARE M B£ PROTECTED IN PLACE UNLESS O PERWISE NORD.

O OPENINGS RESULTING FROM ME CUING OR PARTIA L REMOVAL OF EXISTI NG CUL.. .

PIPES OR SIMILAR STRUCTURES TO BE ABANDONED SHALL BE SEALED WI TH 6 INCHES OF CLASS "0" CONCRETE

10. PIPE CONNECTED IO THE MAINLINE PIPE SHALL CONFORM TO JUNCTION STRUCTURE NO. 0 (JO 129) UNLESS OPERWISE NOTED.
1I. PIPE B£ITONG S HALL CONFORM TO R.F.C. NS woo. STD. OWD. Al 815 TO V" IS THE DE, OF IN, AT THE CATCH BASINS MEASURED FROM THE TOP OF THE CURB TO THE INVERT OF CONNECTOR PIPE.

13. ALL CURBS CUTTERS, SIDEWAL KS, DRIVE WAYS AND O MEN FISTING IMPROVEMENTS N BE RECONSTRUCTED IN KIND PER IAI£ST COUNTY STANDARD AND AT ME SAM£ ELEVATION AND LOCATION AS THE EXISTI NG IMPROVEMENTS UNLESS OT HERWISE FOTFO. FOR PAVEMENT OVERLAY 010' M IN. FOR FULL LANE WIDTH IS REQUIRED
18 HYDRAULIC GRADE LINES SHOWN IN PRO.. ARE FOR 100 YEAR FREW., FLOWS NNLfOTHERWI SE NOTED.

CR I5. ME CON TRACTOR SHALL CO4PY wow THE AR AND LO GY . SAFETY C ODES DURI NG DIE PROGRESS OF WORK.

I6. THE CON TRACTOR SHALL .NTAIN ADJACENT STREETS N A NGT, SAE, ,AN AND

SANITARY CONORTON AT ALL TAMES AND TO THE SLTILFACRDN R ME COUNTY'S OR DISTRICTS INSPECTOR RE NOON CO STREETS 5/11JL BE KEPT CL EAN OF DfS 'RN WITH DUST AND OTHER NUISANCE BEING CON TROL. AT ALL TIMES THE BY

TMUC BE
RESP ON SE. POOR ANY CLEAN UP ON ADJACENT N.I., AFFECTED BY HIS CON.TICTON.

MEROO OF STREET CLEANING SHE/ B£ DRY SWEEPING R ALL PAVED AREAS Il ME CON TRACTOR AGREES THAT HE/SHE SHALL ASSUME SOL E AND COMPETE RESPON SIBI, FOR ME JOB SITE CON DITIONS DURING THE COURSE OF CON STRUCTION 9F

THIS PR OJECT N CUONG SAFETY OF ALL PERSONS AND FROPERTROT MIS

REQUIREM ENT SHALL APPLY CON TINUOUSLY AN D NOT BE LIMITED TOO NORMAL WORKING HOURS AND TN T THE CONTA CTOR SHALL DEMON DOWN. AND HOLD ME OWNER,

ME DEYIIRNS ENGINEE R, HARM LESS FROM ANY AND ALL

LAME T REAL OR ALLEGED, IN CONN ECTOR W ITH THE PERFORMANCE E WORK ON MRS

PROJECT DECEPDNG FR L A O(DY ARISING FROM ME SOLE NEGLIGENCE DF ME OW NERS OR THE DEVE LOPERS E.

IS ALL PIPE MNGTHS ARE HORIZONTAL PROTECTION S (NDT TRUE LEN GTHS OF PIPE) AND ARE

ME B AS S R P IE ESTIM ATES OF GIANT, THE CONTRACTOR SHALL DETERMINE THE RUE OUE.POF PR REQUIRED FOR TH IS PROJECT PRIOR
IOR TO PACIN G THE ORDER.

TO ALL P.N.S R S SHOWN ARE TD TH E INVERTS OF PIP E ACCEPT WHERE OTHERWISE NOT£0

20. AT MDI E MSC.. R TH E E.INEN A ND THE CITY OF BUUM OM, THE CONTRACT. ANY BE REWIRED TO VERIFY BY POTHOLIN G, ME LOGE. R POTNTMLLY AFFECTED UPOPER.

TT CONTRACT. SHALL DISPOSE OF ALL EXCESS EX CAVATED MATERIAL AT MANAiRY OSPDSAL S.
12 ALL AND BEDDING AROUND STRUCTURES AND PIPES SHALL BE COMPACTED TO LESS T mar LESS THAN 90 PERCENT RELATIVE COMPACTION EXCEPT WHERE SUCH ATRIAL IS PLACED UNDER E XISTING PAVED ROADW AYS. THE TOP 3 FEET, MEA SURED FROM THE FINISH PAWS SHILL BE MINTED TO 95 PERCENT RELATIVE COMPACTOR .

TJ ALL SURVEY MONUMENTS SHALL BE REP IAC£D AS REQUIRED MONUMENTS SHILL 6E RED WT PRIOR TO CONSR UCTION AND RRLACED UPON COM PEER. OF CONSTRUCTON. 14 IT SHALL BE TH E RESPONSIBILI, R THE DEVELOPER/OW NER OR CONTACTO R TO APP LY

TO THE DIRECTOR R PUBLIC WORKS, CITY OF BUUMONT FOR AN ENCROACHM ENT PERMIT FOR ALL W ORK PERFORM ED OU TMAN PUBLI C RIGHT-OF-WAY, DEO.TED AND ACCEP TER FOR PUBLIC £ AND TO BE RESPONSIBLE FR SAICFAC TORY COM PLIAN CE FOR ALL CURRENT £NVIRCNM£NTAL REGUUTONS DURING THE LIFE OF CON STRUCTION ACM E. FOR MIS PROJECT. ADOMONN. STUDIES AND/OR PERMITS MAY BE REQUIRED.

25. M SHALL e£ RESPON SIBLE FOR R£ CLEA RIN G OF TH E P RROS ED W ORK AR.OARO REiOGTMN COSTS OF ALL EFS. UNLM£5 PER MIT. MUSE IN FORM CO Y OF CRSTRUCON SCHEDULE AT LEAST 48 H OURS PR IOR TO KOMI. CONSTRUCTION.

26. ALL UNDER GROUND FAG,. 60TH LAT RALS SHALL BE IN PLACE PR IOR TO PAVING TH E STREET NCWDING BUT Nor LIMITD TO, THE FOLLOWING SEWER, WAIN, ELECTRIC, STORM DRAINS.
27 IT SHALL B£ THE RESPONSIBILITY OF THE DEVELOPER OR CONTRACTOR TO INSTALL AND

MAINTAIN DURING CONSTRUCTION REGULATORY GUIDE AND WARNING N ONE WHIN ME

PROJECT LIM ITS AND ITS SURROUNDINGS TO ROAR SAFE PASSAGE FOR ME R AVELING PUBLIC µBEAUMONT.

D WORKERS UNTIE
THE FINAL COMP.°. AND ACCEPTANCE OF ME PROJECT
BY L
Zfl CONSTRUCTUN P ROJE CT THAT DISTURB TO RE THAN ONE ACRE WN ER/005 IN A NATIONA L POLLUTANT DISCN RGE EV NNAE. SYSTEM ) WITH
PERMIT. OWN ER RESOURCES
ARE

REQUIRED TO FILE A NOTICE OF WENT (NOT) WITH THE STATE WATER RESOURCES CONTROL BOAR D (SW.) AND COMPLY W ITH ALL REQUIREMEN TS OF THE BEAUM ON T DRAINAGE M AN AGEM ENT PLAN. BEAUMONT IS W-PTRMITTEE WITH RC F.C. & W.C.O.

T9. ALL STORM DRAINS CATCH BASINS AND STORM RAT. RUNOFF STRUCTURES WILL BE PROVIDED WITH ADEOM TE WAT CHES TO H L. AND RETAIN SEDIMEN T AND DIRT, OIL

AND GREASE TO PREVENT POLLUTION IN STORM WATER RUNOFF IN COMPLIANCE WITH ME C. OF 0 STOR M S BEST WELL AS R PRACTICES AND ME BEAUMONT TINED /E MASTER PLAN FOR STOR M WATER AS WELL BEST MANAGEMEN T PRACTICES IONBI£0 IN THE CURRENT REPORT OF WASTE R RIVERSIDE COUNTY REMO...

30. DEVELOP. DISCHARGEO
S HALL BE RILL RE SPONSIBLE ASSURING 0/AT P ROP OSED IM PR OVEM ENTS CONFORM TO THE ROA D PLANS SP£CLFICATNIN S AN D CITY OF BA../ S TAND ARDS.

WHERE DEVIATORS EXIST, DEVELOPER SHALL PR OPOSE COR N£CPVE ME ASURES FOR RENEW

AND APPROVAL BY ME CRY
ALTER NATIVE PIPE MATE RIALS NO TE:

THE USE OF MR... HOPE AS AN ACCEPTABLE ALTERNATIVE P PE ATOTALS FOR STAN WA
TER DRAMA. FACILITIES IS PRM IITN 50 LOLL' AS ME DESIGN , PIP E M ATERIAL SPECIFICATION. AND INSTALLATION FOLLOW RM1ERSIDE COU NTY ORDIANC£ 461. THE MINIMUM ALLOWABLE P IPE COVER 5 6 -FEET AND M£ AWN. PR COVERS 20 -FEEL

STORM DRAIN IMPROVEMENT PLANS
TRACT NO. 31462-26
PRIVATE ENGINEER'S NOTICE TO CONTRACTOR(S):

1. THE EXISTENCE A ND LOCATION OF ANY UNDERGROUND UTILITIES OR S TR UCTURES SHOWN ON THESE PU NS ARE OBTAINED BY A .ARCH OF 000E ARECORD S TO M£ BEST R

OUR KNOWLEDGE THERE DIVING
ARE NO STING .11. EXCEPT POSE SHOW N ON THESE
PLANS M£ CONTRACTOR IS REQUIRED TO TAKE ALL PRECAUTIONARY ME ASURES TO PROTECT THE LIMP. S HOWN AND ANY OPR IINES OR STR UCTURES NOT SH OWN ON

THESE PLANS AND AND IS RES PONSIBLE FOR ME P ROTEC TION OF, AN D ANY LINAGE M T HESE LINES O4 STRUCTURES.

2. IT SHALL BE ME CONTRACTOR'S RESPONSIBILITY TO NOTIFY ME O WNER OF ALL UPLM.

OR STRUCTURES CONCERNED BE FORE STARR. W ORK.

OA NT, SHOW N HEREO N AR E PROM. FOR BI DDING PU RPOSES O NLY. CONTRACTOR SHALL BE RESPONSIBLE FOR VERMINO LAN D. PRIOR TO BIDDING FOR CONSTRUCTOR.

4. THE PRIVATE ENGINEER SIGNING THESE THESE PUNS IS RESPONSIBLE FOR ASSURING ME ACCURACY AND ACCEPTABILITY OF ME DESIGN HEREO N. IN ME EVENT R O .SCRRANCN

ARISING AFTER COY APPROVAL OR DURING CONST RUCTION, THE PRIVATE ENGINEER SHALL SE RESPONSIBLE FOR DET£RMNINC AN ACCEPTABLE SOLUTION AND RASE THE PLANS FOR APPROVAL BY M£ CRY.

NOTES:

1. APPROVAL OE THESE PLANS APPLY O NLY WITHIN E JUPo SHCBON OF ME CITY OF B£W MOM

2. BENCHING FOR UTILITIES AND STRUCTURE S IS NOT ALLOWED sox SOIL COMPA.O N RE PORT IS SUBMIT. AND APPRO.BY ME PUBLIC WORKS DRARIMNl .

A THE CITY RRERRES M £ RIGHT TO REQ UIRE REVISION OF THE APPROVED PLANS TO

CONFORM WITH CURRE NT STANDARDS AND TO POST A NEW BOND IF CONSTRUCTION HAS NOT COMMENCED WITHIN TWO YBARS AFTER PUNS WERE APPROVED.

N 4: ME DEVELOPER SHALL HAVE C£OTECHNIAL/SO25 ENGINEERING FIRM OBSERVE TRENCHING, PACK FlWNG , A ND SOIL CO MPACT. OF ALL LIT LITY INCHES WITHIN ALL EASEMENTS AND ROAD RIGHTS OF AY . TWO SETS OF COMPAC T. REPORTS CERTIFYING MAT WORKS W£R£ DONE IN CONFORMANCE ' TO STANDARDS AND GEOTECHNIGL RRORI STALL BE SUBMITTED AFTER EACH ow n .NCH IS COMPLETED AND CERTIETE D. COMPACTION RE PORT M UST B£ SUB MP//E TO ME DE PT .

OF PUBLIC WORKS AT L EAST TWO WORKING DAYS BEMIS AGGREGATE BASE MATERIALS

ARE PACED ORME
OWNER/DEVELOPER:

SDC FAIR WAY CANYON, LLC

A OEUW, LI MPED EMMEN CO MPANY
1392 MORSE AVEN UE
IRVINE, CA 92614
PHO NE 951-241-8403
CONTACT C HER.. THOMPSON •
A ,/

C ONSTRUCTION N OTES
° INSEAM IBS RCP (O -LAD PER PRO FLE)
°INSTALL 24' RCP (0 -LAO PER PROFILE)
° INST ALL 30' RCP (0 -LA0 PER PROFILE)
0 iffiRICT MANHOLE (1 PLR RC F. C. M woo. sro OWO. NO .

OCON TSCIST NC STRUCMR£ j1 PER COTS & WOO.

O SI2ISO MIKE CONCRETE COLLAR PER R.CF.C h WO O 5R. OWC. ° J1462- 6T SB££T IMPRDYFM£NILPUNS R£SS s PER TR
1 LEGEND.

TRACT BOUNDARY

RIGHT-O F-YMY
Lm 11 CENTER LINE
CU RB @ GUTTER
CA. WIN

PROPOSE D STORM DRAIN

EXISTING STORM DRAIN

PROPOSED SEWER

PROPOSED DO MESTIC WATT
LEGAL DESCRIPTION:

BEING A SUBOMSIO N OF PARCEL S' OF
L ET LINE ADJUST ME NT NO 04-LLAMT,,
RECORDED OCTOBER 19 2004, AS
INSTRU MENT NO 2004-R16B03. OF
OPTICAL REC ORDS OF R NERS. COUNTY
GYRING WITH .16, T 1 5, R. 2 w, S BBN

ASSESSOR'S PARCEL
NUMBER:
413-190-020
PREPARED BY:

PROACTIVE £NGINE£MNG CONSULTANTS WEST PLC.
15109. &ELcmON AVNUE SURE 200
MURRI £/A, CA 91562
PHON E 951-200-6840

MIC KELSO N DRIV E
s
Q Oc=594 CFS
po ) .64 CFS
O N,r`2 .61 FS

SUGG S COURT
®�s≤i cis
TR. 31462-26 bs6 c�
dES COUP'
CQl)1
1 I

CAU MESA
N.T.S.

RCP NOTE:

I NW, can ON ME INSIDE OF ALL RENEW.

CORR£TE PIPES MUST BE INCRE ASED TO PROVIDE A MINIMUM OF

OVE R TH E REINFO RCING WHEN THE DESIG N VOOCRES
EXCEED 20 FEE T PER SECOND. M£ CO NCRETE DESIG N STRENGTH IN THESE REACHES SF W1 BE Fe = 5.000 PSI FOR
EXCEEONP H TSD£S
G 20 FEET PER SECOND AND rc = 6,000 PSI FOR
VELOCITIES EXCEEDING 30 FP S
2 JOI NTS FOR REINFORCED CO NCRETE PIPES UNDER PRES SURE RO W C.RIONS S. 1 BE WATERTIGHT IN CONFOR MANCE WITH
ATM CM3.

WORK TO BE DONE:

THE I MPROVE MENTS CONSIST OF THE FOLLOWING WORK TO SE DONE

ACCORDING TO THESE PLA NS ANO ME SANA RO SPECIOSAPOAS MO

STANDAR D DRAWINGS LISTED BELO W

STANARD SPECIFICAT ONS
I. STANDARD SPECI RC APONS MR PUBLIC WORKS CONS RUCNON
"G REEN RODK' ( MOST cuR RENr CITY ADOPTED VERSION)

1. MANUAL ON UNIFORM TRATEIC CONTROL DEVICES "MOILS '
ADO

WORK AREA TRAF OCON CURRENT COY
RP

HA NDBOOK, WATER ' (MOST
CURR ENT . CFOFN/A , A MI, ADOPTED � OF RN45PRTAMON,
4 STATE OFCALI
STANDARD SPECIFICATIO NS LATEST EDIT.

STANDARD DRAWN.

Rn£RSIDE COUNTY TRANSPo RTA)ION fINMMEM 'RCIO'
2 OF
L/ 461.

V 2: STATE RF FL ILS LA DEPARTMENT R RAVSPoR/AMM!
STANOARL P LWS LA)£5T EDIP.
rR in, iv-, I 0.m 7

46.1727 CES q 56 CFS

0.o- 791 CFS 6 C.

DeLLL =6.l2 CfS M 3 .55 C
fS

LATERAL E -E

LATERAL E -E
.0 I �♦
462-1 6 rs [AIERALEC)
OTY
T90 L IND EX MAP
502 LF.
667 L .F.

SCALE' 1"=100'
DECLARATION OF ENGINEER OF RECORD: --
1E
5 EA.

B EA.

I HEREBY DECLA RE MAT IN MY PROF3 5/ONAL OPINION ME DESIR OF THE

IMPROVE MENTS AS SHOWN ON THOSE PLANS CO MP LES WITH THE CURRENT PRO FESSIO NAL ENGI NEERING STANDARDS AND PRACTICE S AS M£ ENGINEE R IN RESPONSIBLE C HARGE OF M£ DESIGN OF.MESE NROVE ME NTS . I ACCEPT FULL RESPONSE ., FOR SUCH D ESIGN I UNDERSMO AND ACK NOWL EDG E

THAT ME PLAN CHECK OF THESE PUNS BY ME CITY OF BEAUMONT IS A RENEW FOR ME LIMITED PURPOSE OF ENSURING MAT MES£ PUNS COMPLY WITH ME CRY PROCEDURES AND OMER APPLICABLE CODES AND OROINLVC£S.

THE PU N RE IN. PROCESS 15 NOT A DETERMINATION R TH E TECHNICAL .EWACY OF THE DESIGN OF THE IMPROVNENIS SUCH PAN CHECK DOES NOT THEREFOR£ RELIEVE ME OF MY DESIGN R£SPONSOLOY .

AS THE PAWNER OF RECORD I AGREE ID DEFEND AND INONEIFY THE CITY OF BEAUMONT. PS OFFK 'RS, ITS AGENTS AND ITS EM PLOYEES PROM ANY

AND ALL LIABILITY CLAMS AMACES, OR INJURIES TO ANY PERSON R ENCN�OF RECORD, FROM
EM ASIE£S NEGLIGENT ACED

AGENTS R ERRORS OR IS CRSULTAAR SS
11/02/11
GEORGE ALAN E 50/AY R,CE. 45920 AT
TOTT EXPIRATION TOTE I2/.11/2022
I
AL
p m=s62 LES
Do=3 .49 CFs

0.666 CFS
DeLL=4.60 CFS
I
LATERAL E -1C
1 a

LIE E -I
I I
pm=4.11 CFS
Do -24l CFS
OM'ooAR2 CF S
l

LATERAL E -E
Om -4 WP CFS
/, ,�Qe o_CLsS�CF�S .Lm�
c1sH o,L1=045 CFS
rV F
LATERAL ETA rN tI T W. OD '
Mm -7B6 CFS

0.o-4.71 Il3CFSC FS
• OW=7
ABBREVIATI ONS:

BC BEGIN CURVE

BEG BEGIN

BOP BOTTOM OF PIPE
C. CUBIC FELT PER SECOND
M CENTERLINE • CURVE

O DEAD LOAD

CP DUCTILE IRON PPE

EC E ND CURVE
MB WEN. DETENTION BASIN

FL FLORAE
• F ERIA PER SECOND
GB RI O[ BRAN
RI O. HYDNULIc GRADE LINE

INF INFRASCHOO
NI NTERS£CTION

INV INVERT
JO JUNCTION STRUM.

NE

T LATE ARAL

M NFRET

MN MANHOLE
NU MB a

PCC POT CO MPOUND CURVE

PRC POINT OF REVERSE CURVE
PVC PO,. CHLORIDE PIPE

RCP REINFORCED CONCRETE PIPE
SCOF F

SO STOR M DR AI N

S OUR SE WER

R& D TOP DF P/R

TR TRACT

NM WATER
MAINTENANCE NOTE:

ALL STORM DRAIN FACE T. P ROPOSED ON THIS PLAN ARE
MAINTAINED BY THE' CITY OF BEAUMONI UNLESS OTHERWISE NO.

ON STOR M DRAIN PROM
DOWNSTREAM FACILITIES NOTE:

PROJECT IS REWIRED TO CONSTRUCT DOWNSTREAM FACRRI£S F
NOT CONSTRUCTED AT T HE OF CONNECT..

INDEX OF SHEETS:

S
8 S
SHEET NO. DESCRIPT OR
SINE AWES . INDEX MAP . L£GFNO. NOTES & QANTIIIES
2 LI NE E -I ST A 1005.58 M TENOR OR, LATERALS E- IA
E -1B, £-IC; k E-10
3 LICE E -I SA I6₹500 TO DM 1391 , LATERALS E -IN
E-r& £-IG
NS 414:11

DIAL TOLL FREE
8-1-1

AT LAST TWO TOYS

BEFORE YOU DIG

UNDERGROUND SERVICE ALM- OF SOUTHERN GAJAFOIONN

BASIS OF BEARINGS

DESCRIPTION'

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ELEV.. 2491.44, NEVE 29

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DESCR IPTION:

B
TH E BAS IS OF COOR DINATES fO R
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BEAR/NG: N 773952" E
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TRACT N0. 31462-26
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Plotted Pao 02, 202

BEAUMONT
-C A L I F O R N I A-7
Staff Report
TO: City Council
FROM: Lisa Leach, CPA, Assistant Finance Director
DATE July 15, 2025
SUBJECT: Acceptance of the City of Beaumont 2024 Single Audit Report on Federal Awards
Description Results and acceptance of the Fiscal Year End June 30, 2024, Audit on Federal Awards.

Background and Analysis:

The Single Audit Report for the year ended June 30, 2024, was conducted in accordance with Government Auditing Standards and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). The audit assesses internal financial controls, compliance with federal grant requirements, and expenditures related to federal funding received by the City of Beaumont.

The audit was performed by Rogers, Anderson, Malody & Scott, LLP, an independent certified public accounting firm. Their findings confirm that the City's financial statements present a fair and accurate view of operations, with no material weaknesses in internal financial reporting and no material weaknesses in federal award administration.

Summary of Findings
The audit identified two compliance -related findings under Assistance Listing Number

21.027 (Coronavirus State and Local Fiscal Recovery Funds):

1. Finding 2024-001 — Reporting Requirement Noncompliance: A quarterly report submission deadline was missed due to static scheduling falling on a weekend.

2. Finding 2024-002 — Internal Controls Over Reporting: While reporting deadlines were generally met, the City will strengthen tracking processes to ensure future compliance.

The City has already implemented corrective action measures to address these findings, ensuring timely future submissions and improved internal controls over grant reporting.

Fiscal Impact:

The cost of preparing the Single Audit Report totaled $6,340, covering auditor fees. This cost was budgeted within the City's contractual services account 100-1225-7068-0000 for fiscal year 2024-2025.

The cost to prepare this report was $250.

Recommended Action:

It is recommended that the City Council receive and file the Single Audit for the Fiscal Year ended June 30, 2024.

Attachments:

A. Fiscal Year End June 30, 2024, City of Beaumont Single Audit Report on Federal Awards

City of Beaumont
Beaumont, California
Single Audit Report on Federal Awards
Year Ended June 30, 2024
R
M
A
S

ROGERS, ANDERSON, MALODY & SCOTT, LLP
CERTIFIED PUBLIC ACCOUNTANTS, SINCE 1948

CITY OF BEAUMONT

SINGLE AUDIT REPORT ON FEDERAL AWARDS
YEAR ENDED JUNE 30, 2024

TABLE OF CONTENTS
Page
Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance Schedule of Expenditures of Federal Awards
Notes to the Schedule of Expenditures of Federal Awards Schedule of Findings and Questioned Costs
Summary Schedule of Prior Audit Findings
Corrective Action Plan
1 3
7 8
9 12
13

735 E. Carnegie Dr. Suite 100
San Bernardino, CA 92408
909 889 0871 T
909 889 5361 F
ramscpa. net

PARTNERS
Scott W. Manno, CPA, CGMA
Leena Shanbhag, CPA. MST. CGMA
Bradferd A. Welebir. CPA, MBA. CGMA
Jenny W. Liu, CPA. MST
Gardenya Duran, CPA, CGMA
Brianna Schultz, CPA, CGMA
Brenda L. Odle. CPA. MST (Partner Emeritus)
Terry P. Shea. CPA (Partner Emeritus)

MANAGERS / STAFF
Seong-Hyea Lee. CPA. MBA
Evelyn Morentin-Barcena, CPA
Veronica Hernandez, CPA
Laura Arvizu, CPA
John Maldonado, CPA, MSA
Julia Rodriguez Fuentes. CPA, MSA
Demi Hite. CPA
Jeffrey McKennan, CPA
Monica Wysocki, CPA
Jacob Weatherbie, CPA. MSA
Bolim Han, CPA. MAcc
Anny Gonzalez, CPA

MEMBERS
American Institute of
Certified Public Accountants
PCPS The AICPA Alliance
for CPA Firms
Governmental Audit
Quality Center
California Society of
Certified Public Accountants
Proud Member of
AlliottGlobalAlliance"

ROGERS, ANDERSON, MALODY & SCOTT, LLP
CERTIFIED PUBLIC ACCOUNTANTS, SINCE 1948

REPORT ON INTERNAL CONTROL OVER FINANCIAL

REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS

PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
Independent Auditor's Report
To the Honorable City Council
City of Beaumont
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards), the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Beaumont (the city) as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the entity's basic financial statements, and have issued our report thereon dated December 6, 2024.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the entity's internal control over financial reporting (internal control) as a basis for designing procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we do not express an opinion on the effectiveness of the entity's internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
-1-
STABILITY. AccUPPageT8175Tof 2369

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses.

However, material weaknesses or significant deficiencies may exist that were not identified.

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the entity's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. kOyeA.e, it- e t..tocs., PI .2. Jo P.
"fez) LL
au�Ck�
San Bernardino, California
December 6, 2024
-2-

735 E. Carnegie Dr. Suite 100
San Bernardino, CA 92408
909 889 0871 T
909 889 5361 F
ramscpa. net

PARTNERS
Scott W. Manno, CPA, CGMA
Leena Shanbhag, CPA. MST. CGMA
Bradferd A. Welebir. CPA, MBA. CGMA
Jenny W. Liu, CPA. MST
Gardenya Duran, CPA, CGMA
Brianna Schultz, CPA, CGMA
Brenda L. Odle. CPA. MST (Partner Emeritus)
Terry P. Shea. CPA (Partner Emeritus)

MANAGERS / STAFF
Seong-Hyea Lee. CPA. MBA
Evelyn Morentin-Barcena, CPA
Veronica Hernandez, CPA
Laura Arvizu, CPA
John Maldonado, CPA, MSA
Julia Rodriguez Fuentes. CPA, MSA
Demi Hite. CPA
Jeffrey McKennan, CPA
Monica Wysocki, CPA
Jacob Weatherbie, CPA. MSA
Bolim Han, CPA. MAcc
Anny Gonzalez, CPA

MEMBERS
American Institute of
Certified Public Accountants
PCPS The AICPA Alliance
for CPA Firms
Governmental Audit
Quality Center
California Society of
Certified Public Accountants
Proud Member of
AI IiottGlobalAlliance""
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ROGERS, ANDERSON, MALODY & SCOTT, LLP
CERTIFIED PUBLIC ACCOUNTANTS, SINCE 1948
REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM;
REPORT ON INTERNAL CONTROL OVER COMPLIANCE; AND

REPORT ON SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS

REQUIRED BY THE UNIFORM GUIDANCE
Independent Auditor's Report
To the Honorable City Council
City of Beaumont, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited the City of Beaumont's (the City's) compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City's major federal programs for the year ended June 30, 2024. The City's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs.

In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2024.

Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor's Responsibilities for the Audit of Compliance section of our report.
-3-
STABILITY. ACCUPPageT877fof 2369

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City's compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City's federal programs.

Auditor's Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City's compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City's compliance with the requirements of each major federal program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit.
• Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City's compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
• Obtain an understanding of the City's internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Other Matters
The results of our auditing procedures disclosed an instance of noncompliance which is required to be reported in accordance with the Uniform Guidance and which is described in the accompanying schedule of findings and questioned costs as item 2024-001. Our opinion on each major federal program is not modified with respect to these matters. Government Auditing Standards requires the auditor to perform limited procedures on the City's response to the noncompliance findings identified in our compliance audit described in the accompanying schedule of findings and questioned costs. The City's response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

Report on Internal Control Over Compliance
Our consideration of internal control over compliance was for the limited purpose described in the Auditor's Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance and therefore, material weaknesses or significant deficiencies may exist that were not identified. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses.

However, as discussed below, we did identify certain deficiencies in internal control over compliance that we consider to be significant deficiencies.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. We consider the deficiency in internal control over compliance described in the accompanying schedule of findings and questioned costs as item 2024-002 to be a significant deficiency.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. Government Auditing Standards requires the auditor to perform limited procedures on the City's response to the internal control over compliance findings identified in our compliance audit described in the accompanying schedule of findings and questioned costs. The City's response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance
We have audited the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City's basic financial statements. We issued our report thereon, dated December 6, 2024, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America.

In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole. kOyeAs/ Alude,tatots.,
.41co ft, LLP.

San Bernardino, California
June 5, 2025 (except for our report on the Schedule of Expenditures of Federal Awards, for which the date is December 6, 2024).

CITY OF BEAUMONT

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
Year Ended June 30, 2024
Federal Grantor/Pass-through Grantor/Program Title
U.S. Department of Housing and Urban Development
Direct assistance
CDBG Entitlement Grants Cluster
Community Development Block Grants/Entitlement Grants
Program
Assistance Identification Amounts
Listing Number Federal Provided to
Number or Grant # Expenditures Subrecipients

14.218 N/A $ 114,265 $ -
Total - CDBG Entitlement Grants Cluster / AL 14.218 /
U.S. Department of Housing and Urban Development 114,265 U.S. Department of Justice
Direct assistance
Bulletproof Vest Partnership Program 16.607 N/A 3,292
Total - AL 16.607 3,292
Passed through the County of Riverside
Edward Byrne Memorial Justice Assistance Grant Program 16.738 N/A 5,611 Total - AL 16.738 5,611
Equitable Sharing Program 16.922 JLEO-24-0794 10,000
Total - AL 16.922 10,000
Total - U.S. Department of Justice 18,903
U.S. Department of Treasury
Direct assistance
Coronavirus State and Local Fiscal Recovery Funds
Passed through the County of Riverside
Coronavirus State and Local Fiscal Recovery Funds

21.027

21.027
N/A 611,851
N/A 1,836,051
Total U.S. Department of Treasury / AL 21.027 2,447,902 U.S. Department of Transportation
Passed through the State of California, Office of Traffic Safety Minimum Penalties for Repeat Offenders for
Driving While Intoxicated

20.608
PT24012 40,993
Total - U.S. Department of Transportation / AL 20.608 40,993 Total expenditures of federal awards $ 2,622,063 $
See accompanying notes to schedule of expenditures of federal awards. -7-

CITY OF BEAUMONT

NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS Year Ended June 30, 2024
(1) Basis of Presentation
The accompanying schedule of expenditures of federal awards (the Schedule) includes the federal awards activity of the City of Beaumont (the City) under federal programs of the federal government for the year ended June 30, 2024.

The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the City, it is not intended to and does not present the financial position, changes in net assets, or cash flows of the City. (2) Summary of Significant Accounting Policies
Expenditures reported on the Schedule are reported on the modified accrual basis of accounting. Under the modified accrual basis of accounting, expenditures are incurred when the City becomes obligated for payment as a result of the receipt of the related goods and services. Expenditures reported include any property or equipment acquisitions incurred under the federal program. The City did not elect to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance.
-8-

CITY OF BEAUMONT

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
Year Ended June 30, 2024
SECTION I: SUMMARY OF AUDITOR'S RESULTS
Financial Statements
Type of report the auditor issued on whether the financial statements audited were prepared in accordance with GAAP: Unmodified
Internal control over financial reporting:

Material weakness(es) identified? Yes X No
Significant deficiency(ies) identified? Yes X None Reported Noncompliance material to financial
statements noted? Yes X No
Federal Awards
Internal control over major programs:

Material weakness(es) identified? Yes X No
Significant deficiency(ies) identified? X Yes None Reported Type of auditor's report issued on compliance for major federal programs: Unmodified Any audit findings disclosed that
are required to be reported in
accordance with section 2CFR
200.516(a)? X Yes No
Identification of major federal programs:

Assistance Lisitinc Number Name of Federal Programs

21.027 Coronavirus State and Local Fiscal Recovery Funds Dollar threshold used to distinguish
between type A and type B programs: $750,000
Auditee qualified as low -risk auditee? Yes X No
-9-

CITY OF BEAUMONT

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
Year Ended June 30, 2024
SECTION II: FINANCIAL STATEMENT FINDINGS
No matters to report.

SECTION III. FEDERAL AWARD FINDINGS
Finding 2024-001 — Reporting Requirements
AL 21.027 — Coronavirus State and Local Fiscal Recovery Funds Noncompliance
Criteria
Per the funding agreement with the County of Riverside, quarterly progress reports shall be submitted on the 21st of the month following the previous quarter.

Condition
The City submitted one of its quarterly reports to the granting agency after the required deadline.

Cause
The deadline for the report submission is static. One of the deadlines fell on a weekend, which caused a delay in submission.

Identification as a Re
Not a repeat finding.

Effect
peat Finding
Delays in reporting may jeopardize future grant funding if the granting agency is not able to receive the necessary information timely.

Recommendation
We recommend the City develops a process to track and ensure reporting deadlines are met.

Management's Response
See Corrective Action Plan.
-10-

CITY OF BEAUMONT

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
Year Ended June 30, 2024
SECTION III. FEDERAL AWARD FINDINGS (CONTINUED)
Finding 2024-002 — Internal Controls Over Reporting
AL 21.027 — Coronavirus State and Local Fiscal Recovery Funds Significant Deficiency
Criteria
As a part of the administering of federal funds, the City should have internal controls over compliance in place to ensure that reporting deadlines are met.

Condition
The City submitted one of its quarterly reports to the granting agency after the required deadline.

Cause
The deadline for the report submission is static. One of the deadlines fell on a weekend, which caused a delay in submission.

Effect
Delays in reporting may jeopardize future grant funding if the granting agency is not able to receive the necessary information timely.

Recommendation
We recommend the City develops a process to track and ensure that reporting deadlines are met.

Management's Response
See Corrective Action Plan
-11-

CITY OF BEAUMONT

SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS
Year Ended June 30, 2024
CURRENT STATUS OF PRIOR YEAR FINDINGS:

No matters to report.
-12-

BEAUMONT
C A L I r O R N I A -
June 3, 2025
Rogers, Anderson, Malody and Scott
735 E. Carnegie Dr., Suite 100
San Bernardino, Ca 92408
We are providing this response to the Single Audit Finding 2024-001 - Reporting Requirements and Finding 2024-002 - Internal Controls Over Reporting The report deadline falls on the 21st of the month following each quarter, and it's a static deadline that doesn't adjust for weekends or holidays. In this case, the 21st landed on a weekend, which caused a delay in our submission.

For required reporting of firm deadlines (such as those tied to portals or systems), we already have a practice of submitting a bit earlier when deadlines fall on weekends or holidays to avoid timing issues. However, for this specific grant, the reports are submitted via email to a consultant managing the ARPA funds on behalf of Riverside County. These deadlines are somewhat flexible, as the consultant collects data from all subrecipients and submits it to the County as a consolidated package. Effective immediately, the Grants Analyst will submit these earlier rather than later. The Finance Director will assess compliance with timely filing requirements to ensure the establishment of internal controls over financial reporting.

Jennifer JJstatiOn - ance Director
City of Beaumont [ 550 E. 6th StreetFag:e 7,Qf,23393 I (951) 769-8520 [ BeaumontCA.gov -13-

BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Gustavo J. Romo, Deputy City Manager
Robb Steel, Economic Development Consultant
Melody Arechiga, Senior Planner
DATE June 17, 2025
SUBJECT: Second Reading of an Ordinance and Development Agreement by and between the City of Beaumont and Beaumont Regency AVG LLC (PLAN2025-0177)
Description An ordinance authorizing a Development Agreement (DA) between the City of Beaumont and Beaumont Regency AVG LLC for the development of a 279,941 square -foot (sf) commercial shopping center at Oak Valley Parkway and the I-10 Freeway (Project) on a 28.95 acre site (Site). The DA has been determined exempt under Article 12, Section 15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA).

Background and Analysis:

City Council Action
On June 17, 2025, the City Council held a public hearing to introduce the ordinance to authorize the agreement where staff presented the scope of the agreement. The City Council asked clarifying questions of staff regarding the terms of the Development Agreement (DA). No comments or questions from the public were made during the public hearing. Once staff addressed the questions, the City Council approved the recommended action to adopt resolutions, waived the first full reading and signified intent to approve by title only, an ordinance to authorize the entering into an agreement.

Planning Commission Action
On May 28, 2025, the Planning Commission conducted a public hearing, approved a Plot Plan for the retail center layout and design, variances for reductions in parking and open space, and a Sign Program for the subject development with conditions of approval and findings in accordance with Section 15183 of the CEQA Guidelines identifying the Project as exempt from further environmental review. The Commission also recommended approval of the DA to the City Council by adoption of an ordinance of the City Council.

Applicant
On December 19, 2024, Beaumont Regency AVG LLC, a limited liability company formed between the landowner (Oak Valley Village LLC, a California Limited Liability Company) and Regency Centers LP, a Delaware corporation (Applicant) submitted requests for the Project entitlements, including a DA. Regency Centers is a national owner, operator, and developer of shopping centers across the United States specializing in anchored shopping centers within suburban communities.

Development Agreements
California Government Code (Section 65864 et. seq.) and City of Beaumont Resolution 1987-34 authorize the negotiation and approval of development agreements.

Development agreements eliminate uncertainty with respect to the development process and promote more orderly and efficient development, thereby improving the local economy. The City wishes to grant such certainty to induce development that creates jobs, provides goods and services to residents, and generates revenues to support public services. Development agreements typically vest certain land use entitlements and provide other support in exchange for consideration that may include extraordinary land dedications, expanded public improvements, accelerated development timing, or general project inducement.

Resolution 1987-34 requires that the City Council, after receiving a recommendation from the Planning Commission, conduct a public hearing and make general plan and zoning compliance findings to approve a development agreement.

The DA states the specific duration of the agreement, the permitted uses of the property, the density and intensity of use, the maximum height and size of proposed buildings, and any specific provisions for reservation of dedication of land. An ordinance is required to approve and authorize the DA.

Development Agreement Benefits/Costs
The DA would mitigate uncertainty for the Applicant and improve project feasibility by contributing up to $6 million of City funds to offset the cost of extraordinary public improvements. The City's cost would be recaptured from sales and property taxes, job creation, and access to new area services
Upon completion and stabilized occupancy of Phases 1 and 2, the City should receive approximately $1.1 million in net new General Fund revenue annually from sales and property taxes, thus, recovering the $3,900,000 initial impact on the General Fund within 3 to 4 years.

Development Agreement Risks
The City accepts certain risks under the terms of the proposed development agreement including the inability to implement changes in land use preferences for up to 15 years, forecasted revenue delays, and reimbursement obligations prior to full realization of revenue.

Importantly, under any of these outcomes, the City would nevertheless benefit from the installed infrastructure and improvements to the circulation system on Oak Valley Parkway. The site would also be fully improved and ready for immediate development.

Environmental
On May 28, 2025, the Planning Commission determined that the Project Approvals were exempt from CEQA under Article 12, Section 15183 of the CEQA Guidelines because the Project is consistent with a community plan and zoning. On May 30, 2025, the Applicant filed a Notice of Exemption with the County Clerk and State Clearinghouse. The proposed DA is likewise exempt pursuant to Section 15183, and if approved and adopted, the Applicant will file a Notice of Exemption after the second reading of the ordinance.

Fiscal Impact:

By amending the CIP and the Nexus Study to add the Oak Valley Widening and Traffic Signals Update Project (R25-16), the City may contribute up to $2,100,000 from the Streets & Bridges Development Impact Fee Account. The Applicant and other Project developers would be required to pay an estimated $2.5 million to $3.5 million in Streets & Bridges Development Impact Fees at Phase 1 build out (with an additional $0.75M for Phase 2). Other developments within the City would also contribute to the Streets & Bridges Account prior to the reimbursement date. The CIP Amendment would establish a priority claim on the Streets & Bridges Account to make the Reimbursement Payment to the Applicant after fulfilling all current obligations against the Account.

If the Streets & Bridges Account does not have adequate funding to make the full Reimbursement Payment, the General Fund would assume responsibility for any residual obligation. The General Fund would loan the shortfall to the Streets & Bridges Account and recover the advance from future developer deposits into the Streets & Bridges account.

The General Fund is obligated for the $3,900,000 residual obligation payable from the following adjustments in the CIP:

r

CAPITAL IMPROVEMENT PROGRAM- CHANGE LOG
BEAIUM0NT FY25-29 AMENDMENT NO. 6
City of Beaumont
CIP
OP Budget Changes
Fronde
FY
Update
Pro'ed
Source
Fundu
R25-16 Oak Valley Widening and Traffic Signals Update
Project $
2,104,000 DlF- Transportation
2025
New Project
R25-16 Oak Valley Widening and Traffic Signals Update
Project $
1,000,000 F25-02 Fire Truck Purchase
2025
New Project
R25-16 Oak Valley Widening and Traffic Signals Update
Estimated General Fund Investment Payback
Regency Oak Valley Village Project
General Fund Revenues
Running
Regency GF
Net County/State Gen Levy
Motor
Annual
Total
Reimbursement
On -Site
Pool Property
Vehicle
Revenue
General Fund Net GF
Year ft FY Phase Stage Payment
Sales
Allocations Tax
In Lieu
Total
CashfLow Investment
1 2026 Phase Construction
-
- -
-
-
- -
2 2027 Phasel Construction
-
- -
-
-
- -
3 2028 Phase 1 Lease Up (3,900,000)
675,000
68,000 89,000
73,000
905,000
(2,995,000) (2,995,000)
4 2029 Phasel Lea s ed/P2 Const
675,000
68,000 89,000
73,000
905,000
905,000 (2,099,000)
5 2030 Phase 1 & 2 Stablized Occupancy
810,000
81,000 104,000
85,000
1,080,000
1,080,000 [1,010,000)
6 2031 Phase 1 & 2 Stablized Occupancy
810,000
81,000 104,000
85,000
1,080,000
1,080,000 70,000
7 2032 Phase 1 & 2 StabLized Occupancy
810,000
81,000 104,000
85,000
1,080,000
1,080,000 1,150,000
8 2033 Phase 1 & 2 Stablized Occupancy
810,000
81,000 104,000
85,000
1,080,000
1,080,000 2,230,000
9 2034 Phase l&2 Stabilized Occupancy
810,000
81,000 104,000
85,000
1,080,000
1,080,000 3,310,000
10 2035 Phase 1 & 2 StabLized Occupancy
810,000
81,000 104,000
85,000
1,080,000
1,080,000 4,390,000
Notes:

1. Revenues and expenses are not inflated nor discounted.

2. Pool allocations conservatively assumed at 10% of net on -site sales.

Amendment No. 6 to the FY25-29 CIP reallocated General Funds from projects proposed for closing or deferral in the amount of $2,000,000. This necessitated a supplemental General Fund allocation of $1,900,000 to fulfill the $6,000,000 Maximum Reimbursement.

Section 2.7.1 of the DA would require that the City provide for the Maximum Reimbursement in the City's Capital Improvement Program and Budget at the time of adopting the ordinance. Resolutions amending the CIP and Budget were adopted consistent with the proposed ordinance authorizing the DA.

The General Fund recovers its total contribution of $3,900,000 from the direct and indirect revenue streams, notably sales taxes, property taxes, and motor vehicle in -lieu taxes. The table below projects the Project revenues and expenses to illustrate the anticipated payback period. Based upon the assumptions, the General Fund recovers its initial investment in FY 2031, four years after the Applicant receives the Reimbursement Amount.

Recommended Action:

Waive the second full reading and adopt by title only, "An Ordinance of the City Council of the City of Beaumont Approving a Development Agreement by and between the City of Beaumont and Beaumont Regency AVG LLC."
Attachments:

A. Ordinance of the City Council Approving Development Agreement B. Development Agreement
C. City Council June 17, 2025, Staff Report and Attachments

ORDINANCE NUMBER 2025 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, CALIFORNIA, APPROVING A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE

CITY OF BEAUMONT AND BEAUMONT REGENCY AVG,
LLC
WHEREAS, City is a general law city and a municipal corporation of the State of California; and
WHEREAS, Beaumont Regency AVG ("Owner") has a legal and equitable interest in approximately 28.95 acres of land located east of the 10 Freeway and south of Oak Valley Parkway in the County of Riverside, State of California legally described and depicted on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, the Project proposed for the Property includes a 279,941 square foot commercial shopping center anchored by major national retail operators and ancillary supporting commercial users; and
WHEREAS, the Property is subject to the following entitlements approved by the Beaumont Planning Commission: (i) Plot Plan Approval PP2024-0059 to permit the construction of one nationally recognized major retailer, one nationally recognized grocer, and several nationally recognized restaurants and shop tenants; (ii) Sign Program Approval PLAN 2024-0157 to permit one freeway pylon sign, two project pylon signs, and two monument signs; (iii) Parking Variance V2024-0019 to reduce the required number of parking spaces required by the Municipal Code; Open Space Variance V2025-0031 to reduce the amount of open space otherwise required by the Municipal Code; and the findings and conditions imposed under the California Environmental Quality Act ("CEQA") pursuant to Section 15183 of the CEQA Guidelines (collectively the "Planning Entitlements"); and
WHEREAS, the Development Agreement authorizes the Developer to submit an application for a digital display otherwise prohibited by Section 17.070.030.G of the Beaumont Municipal Code provided that Developer shall separately apply for a subsequent discretionary sign peiinut in accordance with Beaumont Municipal Code Section 17.07, and Developer shall be solely responsible for securing approval from any and all agencies with jurisdiction and indemnifying, defending, and holding harmless the City from and against any costs, expenses or liabilities associated therewith; and
WHEREAS, the Planning Entitlements and the Development Agreement are the "Project Approvals" vested for the term of the Development Agreement; and WHEREAS the Project will provide a community benefit for the residents of Beaumont, including new goods and services, jobs and tax revenue for the City of Beaumont; and WHEREAS, the Developer requested from the City a contribution toward the actual cost of off -site public improvements that are imposed as a condition of regulatory approval by the City, and Developer agrees to comply with the Project Approvals and pay or receive eligible credit for all development related impact fees; and

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the California Government Code, (the "Development Agreement Statute") which authorizes cities to enter into property development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and
WHEREAS, the Development Agreement is intended to provide assurances to Developer that an approved Project may proceed subject to the specified policies, rules, regulations, and conditions of approval applicable to the Project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval, and provide assurances that City cannot otherwise unilaterally impose conditions of approval of the Project outside what is permitted by the Development Agreement; and
WHEREAS this Agreement will eliminate uncertainty in planning for and securing orderly development and occupancy of the Property, assure installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens; and
WHEREAS, the City Planning Commission held a public hearing on the Project on May 28, 2025, and forwarded a recommendation to approve to the City Council after making findings required by City Resolution 1987-34; and
WHEREAS, the City Council of the City of Beaumont (the "City Council"), at its regularly scheduled public meeting on June 17, 2025, held a public hearing on the Project; and WHEREAS, based on the foregoing recitals, City has determined that this Agreement is appropriate under the Development Agreement Statute and Beaumont City Council Resolution No. 1987-34 and consistent with the policies and programs of the City of Beaumont General Plan and any applicable specific plan; and
WHEREAS this Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and
WHEREAS, City, as "Lead Agency" under the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, has determined that the "Project," as more fully described in the Development Agreement, has been fully analyzed per CEQA Guidelines Section 15183 and a Notice of Exemption shall be filed with the County Clerk after approval of the Ordinance; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the Development Agreement by and between the City of Beaumont and Beaumont Regency AVG, LLC ("Development Agreement"), a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, subject to the terms and conditions stated therein.

SECTION 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 4. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.

SECTION 5. EFFECTIVE DATE OF DEVELOPMENT AGREEMENT
The City shall not execute the Development Agreement until on or after the effective date of the Ordinance and satisfaction of all conditions precedent as stipulated in Section 1.3.1 of the Development Agreement.

SECTION 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Beaumont Municipal Code as heretofore adopted by the City of Beaumont that are in conflict with the provisions of this ordinance are hereby superseded to the extent of such inconsistency.

SECTION 7. RECORDATION OF DEVELOPMENT AGREEMENT
The City Clerk is hereby directed to record the fully executed Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution.

SECTION 8. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED THIS 15th day of July, 2025.

CITY OF BEAUMONT CITY COUNCIL
, Mayor
ATTEST:

Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:

EXHIBIT "A"
Legal Description

LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
The Property is legally described and depicted consists of two distinct parcels: (1) the Overall Site
Parcel and (2) the Major Retailer Parcel.

Overall Site Parcel
The Overall Site Parcel is legally described and depicted in 8 pages attached hereto as Exhibit A-

1. The Overall Site Parcel comprises approximately 17.660 acres of the Property and encompasses
all but the Major Retailer Parcel.

Major Retailer Parcel
The Major Retailer Parcel is legally described and depicted in 5 pages attached hereto as Exhibit A-2. The Major Retailer Parcel comprises approximately 12.217 acres of the Property.

EXHIBIT "A" - LEGAL DESCRIPTION
IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, 5.'A CALIFORNIA, L.ULONG A FORTTON CF LOTS 4a 41, 43, 44, 45 AND THE UNNAMED STREET OF THE MAP OF BEAUMONT HEIGHTS AS SWAN IN BOOK 8, PAGE 53, OF MAPS RECORDS OF SAID COUNTY, TOGETHER 4tf1H A POR TION OF THE NORTHEAST QUARTER OF SECTION .6, TOWNSHIP 3 SOUTH; RANGE 1 WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS.

BialioitING AT THE NORTHEAST CORNER OF SAID LOT 38 OF SAID MAP OF SEA UMON HEIGHTS;
THENCE ALONG THE EAST LINE CF SAID LOT 38, SOUTH 00'9'31" EAST, 44.01 FEET, THENCE LEAVING SAID EAST LINE, THE FOLLOWING SIXTEEN 016) COURSES:
1) SOUTH 8950'26" WEST, 970335 FEET TO THE ?RUE Pomfr OF SIGIANNO- 2) CONTINUING ALONG SAID LINE, SOUTH 8950!25" 49fST; 1 91. 08 FEET TO THE BEGINNING OF A CURVE CONCAVE SOU THERL Y, HAVING A RADIUS OF 1736.00 FEET;
grsrERL Y. ALONG SAID CURVE THROUGH A CEN TRAL ANGLE OF 0374'40" AN ARC LENGTH OF 98.30 FEET;
4) SOU TH 4020'05" BEST 3851 FEET;
5) SOUTH 8559'09" WEST, 61.76 FEET;
5) NOR ?TI 51!40'35" i f5T, 36.97 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOU T?HERL Y HAYING A RADIUS OF 1 736. 00 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 0774 D4" EAST 7) F4ESTERI. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1347'48" AN ARC LENGTH OF 418 03 FEET'
8) SOUTH 2324'39" WEST, 3727 FEET
9) SOUTH 6142'43" WEST, 71.80 FEET;
10) NORTH 68"45'58" BEST 38.79 FEET To THE BEGINNING OF A NON -TANGENT CURVE CONCAVE 500 THE AS TERL Y, HAVING A RADIUS OF 1731.00 FEET A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 25'12'2',3" EAST; 11) SOUTHWESTERLY Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04`30'38" AN ARC LENGTH OF 136.27 F€ET;
12) SOUTH 6076'59" WEST, 12272 FEET;
IS) SOUTH 24551.5.3" WEST 2500 FEET TO THE BEGINNING OP A NON- TANNT CURVE, COCA VE SOUTHERLY HA VTNG A RADIUS OF 41.00 FEET A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 2455'33" WEST; PACE 1 OF
EXHIBIT "4 "

LEGAL DESCRIP TION
CITY or BEA UMON T CALIFORNIA
111 I Engineering. Inc.

Chil EnglnterIngfLind SurveTIngILand Pinning
IE. S. ]ii Sit ?I[
rmF�n Hil;. ;aiI rnu o.s[8
: 10 E35-SE,ID

EXHIBIT "A" - LEGAL DESCRIPTION
14) I4!ESTERLV ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3454'46" AN ARC LENGTH OF 24.98 FEET TO THE BEGINNING OF A NON— TANGENT CURVE CONCAVE SOUTHERL Y, f/A VTNG A RADIUS OF 91,00 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH I12522' EAST,
15) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLEOF 18"1739" AN ARC LENGTH OF 29.06 FEET
16) SOUTH 6076'59" PEST, 30876 FEET TO T71E NORTHEAST LINE OF INTERSTATE HIGHWAY NO. 10AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 80, PACES 78 TI-IRO&GH 89, INCLUSIVE, RECORDS OF SAID COUN Tr, ALSO BEING THE BEGINNING 'OF A NON— TANGENT CURVE, CONCA VE EAS TERL Y, HA V/NG A RADIUS OF 700.00 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 7708'07" EAST;
THENCE ALONG SAID NORTHEAST LINE THE FOLLOWING FOUR (4) COURSES:
1) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'00'43" AN ARC LENGTH OF 146.75 FEET,
2) SOUTH 0051+IFJ" iSEST, 258.67 FEET TO THE BEGINNING OF A CURIE, CONCAVE EASTERLY, HAVING A RADIUS OF 700.00 FEET
3) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35`±8'13" AN ARC LENGTH OF 439.46 FEET;
4) SOUTH 35177'03" EAST, 30:92 FEET TO THE BEGINNING OF A NON— TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 325.00 LLLT, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 1242'09" UST THENCE.. LEAVING SAID NORTHEAST LINE THE FOLLOWING TEN {1D) COURSES:
1) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2317'068 AN ARC LENGTH OF 1,3.3.97 FEET;
2) NORTH 5340'45" EAST, 2.78 FEET;
3) NORTH 10 37'31" PIE5T. 9.64 FLL I TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAYING A RADIUS OF 14.100 FEET
4) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12345'13" AN ARC LENGTH or 3024 FEET
5) SOUTH 5552'18" EAST; 11.30 FEET;
6) NORTH 53417'45" EAST, 434.56 FEET;
PAIGE 2 OF 3
EXHIBIT 'A"

LEGAL DESCRIPTION
CITY OF BEA UMr NT CALIFC, .` .'.4
[IfiRE Engineering. Inc.

CIwII EngIrterIng;Land SurvegingiLand 2'lannIng
IN S. SIN Spiigi loll, Si!. 2II
lniken Hits. tallomio 9lfli1
ri ii5-6F,G

EXHIBIT "A" - LEGAL DESCRIPTION
7) NORTH 71V?9r43" EAST 32305 FEES
8) NORTH 7622'14" EAST, 56869 FEET;
9) NORTH 8050'32" EAST 132,64 FEET;
10) NORTH 10204. SST 73718 FEET TO THE TR19E POINT (F
CON TAIN/NC• 29.876 ACRES, MORE OR LESS,
ALL AS SHOW ON EXHIBIT "B" ATTACHED HERETO AND BY 71.1/S REFERENCE MADE A

PAR T HEREOF
THIS DESCRIP 770N WAS PREPARED or MEOR UNDER MY DRREGTICN IN CONFORMANCE W7 T7-1

THE PROFESSIONAL LAND SURVEYORS A C T
,LAKE W LAPPERT
PLS 9303
PAGE 3 OF 3
EXHIBIT A "
LEGAL DESCRIP 770N

CITY' OF BEA UMDN T, CALIFORNIA
Engineering. Inc.

Clrll EngleeerIngILeed Surveying/Land Planning
I€oi S. ]I ipiiv. ?IL
1oe€�n Hlh. Cullumia oaca
l�) E4S—OEM

EXHIBIT "B" — PLAT
OAK VIEW AWE —L..;
r
1 33
AREA=cam 76 fi '
LoT4a
LEGEND
AREA DESCRIBED IN A TTACHED EXHIBIT "A"

EXIS TING LOT LINE

CENTERLINE
- SECTION LINE

RIGHT-OF-WAY LINE
PO.B. POINT OF BEGINNING
T. P. O, B. TRUE POINT OF BEGINNING
404'
IlOAK VALLEY PARKWAY
(14TH STREET)
LOT 40 LOT 38
AMP OF #I➢ ONT

HEI TS I
18 LOT39
200' 0°
J J
400' 800"
GRAPHIC SCALE: 1 INCH = 400 FT
SECTIONS 4 A6D 5, T 5S., R. 1W, S.B.M. PACE I OF
EXHIBIT "B"
PLA r

CITY OF BEAUMON CALIFORNIA
[Ammo Engineering, Inc.

I II Engineering/Land Surveying/Land Planning
lEO 9. 'li Najd
Sire 1I
&mhe Hills �� 2S06

EXHIBIT B

DEVELOPMENT AGREEMENT

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

The City of Beaumont
c/o City Clerk
(SPACE ABOVE THIS LINE RESERVED FOR

RECORDER'S USE)
APNs:

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF BEAUMONT AND

BEAUMONT REGENCY AVG, LLC,

A DELAWARE LIMITED LIABILITY COMPANY
EFFECTIVE DATE: , 2025
84683.001 -435668.4

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF BEAUMONT AND

BEAUMONT REGENCY AVG, LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this day of , 2025 by and between the CITY OF BEAUMONT, a municipal corporation ("City"), and Beaumont Regency AVG, LLC, a Delaware limited liability company ("Owner"). This Agreement is made pursuant to the Development Agreement Laws (defined below). This Agreement refers to the City and Owner collectively as the "Parties" and singularly as the "Party."
t3'•

RECITALS

1. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted California Government Code Sections 65864-65869.5 (the "Development Agreement Laws") to authorize any city, county or city and county to enter into a development agreement with an applicant for a development project, establishing certain development rights in the property which is the subject of the development project application.

2. Owner has a legal and equitable interest in approximately 28 acres of land consisting of eight (8) parcels located within the north -central portion of the City of Beaumont, Riverside County, California, south of and adjacent to Oak Valley Parkway, approximately 500 feet east of Interstate 10 (I-10), and legally described and depicted on Exhibit "A" attached hereto and incorporated herein by this reference ("Property").

3. Owner desires to develop the Property in accordance with the provisions and requirements of this Agreement and the Project Approvals attached hereto as Exhibit "B" ("Proj ect").

4. This Agreement is voluntarily entered into by Owner to implement the General Plan of the City of Beaumont and in consideration of the rights conferred and the procedures specified herein for the development of the Property. This Agreement is voluntarily entered into by the City in the exercise of its legislative discretion to implement the General Plan and in consideration of the agreements and undertakings of Owner hereunder.

5. On February 12, 2025, the Beaumont -Cherry Valley Water District Board of Directors approved a will -serve letter for water service imposing conditions of approval and authorized the annexation of a portion of the Property into the District's Service Boundary.

6. On May 28, 2025, the Planning Commission of the City of Beaumont ("Planning Commission") approved the following land use related entitlements and development rights via approval of the Plot Plan (PP2024-0059) for an approximately 279,941 SF community retail center; Parking Variance (V2024-0019) and Open Space Variance (V2025-0031) — variances to Beaumont Municipal Code ("BMC") Section 17.05.040 (parking) and BMC Section

17.03.080.G.6 (open space); Master Sign Program (PLAN 2024-0157); and making findings in accordance with the California Environmental Quality Act ("CEQA"), Section 15183 of the 84683.001 - 435668.4
1

CEQA Guidelines (in the aggregate these approvals are referred to herein as the "Planning Entitlements").

7. On May 28, 2025, the Planning Commission adopted Resolution No. 2025-02 making findings required by City Resolution 1987-34 and a recommendation that the City Council of the City of Beaumont ("City Council") adopt the Ordinance approving this Agreement ("Ordinance"). The Planning Entitlements and the Ordinance are referenced in the aggregate as the "Entitlement Applications". The approvals granted as requested by the Entitlement Applications in connection with the development of the Project as intended and proposed are further itemized on Exhibit "B" and are referenced in the aggregate herein as the "Project Approvals".

8. On , 2025, the City Council introduced and adopted the first reading of Ordinance No. XX making findings required by City Resolution 1987-34 and approving this Agreement.

9. On , 2025, the City Council held a second reading and considered and approved this Agreement by adopting Ordinance No. XX.

10. The City has given public notice of its intention to adopt this Agreement, has conducted public hearings thereon pursuant to Govt. Code Section 65867 and the Development Agreement Laws. The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in the General Plan as amended by the Project Approvals, and that the terms and conditions of this Agreement have undergone extensive review by the City, including the City Council, and have been found to be fair, just and reasonable. The City has further concluded that the pursuit of the Project will promote the health, safety and welfare of the City and its citizens and provide substantial benefits to the City and its residents by, among other things, (a) providing the specific public benefits described below; (b) providing retail opportunities not currently sufficiently available in the community, including retail sales; (c) creating employment opportunities in the commercial, retail sectors; (d) providing new economic benefit to the City and its residents, including new sales tax and property tax revenues that can be used for City services; (e) providing for investment in capital improvements for water, sewer, storm drain, roadway and circulation facilities to further the planned development of land in the City to facilitate local and regional distribution of goods, while minimizing impacts to residents by locating new commercial within a convenient location for residents and visitors.

11. It is the intent of the City and Owner that this Agreement be a legally binding contract which shall prevail over the provisions of any subsequently enacted moratoria, statutes, ordinances, limitations, or other measures, enacted by the City, or under the authority of the City by voter initiative or referendum, and whether or not such initiative, moratorium, referendum, statute, ordinance, limitation, or other measure relates, in whole or in part, to the rate, timing, sequence, or phasing of the development or construction of all or part of the Project or the improvements or affecting parcel or subdivision maps, building permits, occupancy certificates, or other entitlement or authorization to use the Property or to provide utilities which are issued by the City, subject only to the rights and powers reserved to the City under the terms of this Agreement and the requirements of California law.
84683.001 -435668.4
2

12. The Project will require the construction of public and private improvements, some of which improvements will benefit the Project, other property and developments within the vicinity of the Property and the entirety of the City. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Project, provide the certainty necessary for Owner to make significant investments in improvements, assure the timely and progressive installation of necessary improvements, provide significant public benefits to the City and provide public services appropriate to each stage of development. Either of the Parties could easily be discouraged and deterred from making the long-term commitments inherent to the process of developing the Project on the Property. Both Parties desire to enter into this Agreement to reduce and/or eliminate as many development risks and uncertainties as possible.

13. As permitted by law through the City's consideration and approval of the Entitlement Applications filed by Owner and/or by this Agreement, the Parties desire to establish the permitted uses for the Project, and to identify the scope of improvements to be required for the Project and, where appropriate, to provide for the payment of certain fees.

14. This Agreement will promote and encourage the development of the Property by providing Owner, its ground lessees, lenders and investors with a greater degree of certainty of Owner's ability to expeditiously and economically complete the Project and will provide the City, among other things, with certain public benefits that it could not otherwise obtain. The Parties agree that the consideration to be received by the City pursuant to this Agreement and the rights secured to Owner hereunder constitute sufficient consideration to support the mutual and respective covenants and agreements of the Parties.

15. In exchange for the benefits to the City, Owner desires to receive the assurance that it may proceed with the Project in accordance with the existing land use ordinances, subject to the terms and conditions contained in this Agreement and to secure the benefits afforded Owner by the Development Agreement Laws with respect to the Project. These assurances are of vital concern to Owner to offset or remove the disincentives and uncertainties inherent in development of the Project.

AGREEMENT

IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES OF THE PARTIES

CONTAINED HEREIN AND THE FOREGOING RECITALS WHICH ARE INCORPORATED

HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE CITY AND OWNER AGREE AS FOLLOWS:

1. General Provisions.

1.1 Definitions. To the extent defined in this Agreement, the terms used in this Agreement shall have the meanings set forth in this Agreement.

1.2 Property Ownership and Binding Covenants; Execution of Major Retail Lease as a Condition to Closing. Owner represents that it has a legal or equitable interest in the Property and has the right to enter into this Agreement on behalf of its successors and assigns. Owner further represents and warrants that, unless the City otherwise consents in its sole discretion, Owner will not proceed with the acquisition of fee title to the Property unless, prior to or concurrent with such closing, it has entered into or is entering into a lease with a major retailer with a nation-wide 84683.001 - 435668.4
3

presence for the lease of at least 125,000 square feet of floor space within the Project. The Parties intend and determine that the provisions of this Agreement shall constitute covenants which shall run with said Property, and the burdens and benefits hereof shall bind and inure to all successors in interest of the Parties. In order to provide continued notice thereof, the Parties will record this Agreement in the public records of Riverside County. The word "Owner" as previously defined and used herein shall include each and every successor owner of all or a portion of the Property, or an interest therein, apart from government or quasi -public agencies, who is assigned the rights and responsibilities of all or any portion of this Agreement in accordance with the terms set forth herein, unless and until such Owner is released pursuant to the terms of this Agreement.

1.3 Effective Date and Term.

1.3.1 Generally. The term ("Term") of this Agreement shall commence on the later of (i) the date the Ordinance adopting this Agreement is effective (the "Effective Date") and (ii) the date that the initial Owner identified in the first paragraph above acquires fee title to the Property, and shall continue for a period of ten (10) years thereafter, unless said Term is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the Parties. Notwithstanding the foregoing, if the Effective Date has not occurred prior to June 30, 2026, and if the City does not elect, in its sole discretion, to further extend that outside date, then this Agreement shall not become effective and it shall be of no force or effect. Each Owner, provided it is not then in material default under this Agreement, shall have the right to extend the Term with respect to the portion of the Property owned by it for an additional five (5) years as to the portion of the Property owned by it by provision of written notice to the City no earlier than one hundred and eighty (180) days and no later than thirty (30) days prior to the expiration of the original Term.

1.3.2 Effect of Termination. Following the expiration of the Term, this Agreement and the Project Approvals shall terminate and be of no further force and effect and to evidence such termination the City and Owner shall cause a written notice of termination to be recorded with the County Recorder; provided that such expiration shall not limit, restrict or waive any of the surviving rights and obligations that have accrued as of the date of that expiration as further provided in Section 14.9 below.

1.4 Equitable Servitudes and Covenants Running With the Land. Any successors in interest to the City and Owner shall be subject to and benefitted by the provisions set forth in Govt. Code Sections 65865.4. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do, or refrain from doing, some act with regard to the development of the Property: (a) is for the benefit of and is a burden upon the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each successor in interest to Owner during ownership of the Property or any portion thereof and upon each successor in interest to the City. Nothing herein shall waive or limit the provisions of Section 1.5, and no successor Owner of the Property, any portion of it, or any interest in it shall 84683.001 - 435668.4
4

have any rights in this Agreement except as Assigned to the successor by Owner in writing pursuant to Section 1.5 below.

1.5 Assignment.

1.5.1 Subject to the other provisions of this Agreement, Owner shall have the right to assign (and each such action is referred to herein as an "Assignment"), in whole or in part, its rights, interests and obligations under this Agreement to a third party during the term of this Agreement (an "Assignee").

1.5.2 No Assignment shall be effective until the City approves the Assignment pursuant to Section 1.8.2 below. Approval shall not be unreasonably withheld, conditioned or delayed provided the proposed Assignee provides documentation to the City, along with the formal request for approval of Assignment, that shows:
(a) The proposed Assignee (or, at the election of the assigning Owner, the assigning Owner acting as guarantor of Assignee's performance) has the financial ability to meet the obligations proposed to be assigned and to undertake and complete the obligations of this Agreement affected by the Assignment; and
(b) The proposed Assignee has adequate experience with similar developments of comparable scope and complexity to the portion of the Project that is the subject of the Assignment.

Any request for City approval of an Assignment shall be in writing and accompanied by certified financial statements of the proposed Assignee for the three (3) most recent fiscal years and any additional information concerning the identify, financial condition and experience of the proposed Assignee as the City may reasonably request; provided that, any such request for additional information shall be made, if at all, not more than fifteen (15) business days after the City's receipt of the request for approval of the proposed Assignment. If the City decides to disapprove any proposed Assignment, the City shall set forth in writing and in reasonable detail the grounds for such disapproval. If the City fails to respond to such request for approval of the Assignment within thirty (30) days after submission of such request for approval Owner shall submit a second written request in accordance with Section 8 specifically reciting the terms of this paragraph calling for deemed consent in the event of failure to respond and if City continues to fails to approve or disapprove the request, then the City shall be deemed to have consented to such assignment ten (10) days after the receipt of the second notice.

1.5.3 Owner shall have the right, upon at least twenty (20) calendar days prior written notice to the City, to Assign all or any portion of this Agreement to a Lender in connection with the granting, with respect to the Property, of a mortgage or deed of trust, hypothecation, pledge, assignment for security purposes, bond, grant of taxable or tax exempt funds from a governmental agency or other security interest or any documents constituting or relating to a sale - leaseback transaction without the obligation to comply with Section 1.5.2 and without consent of the City, but only for the purpose of securing loans of funds to be used for refinancing any existing encumbrance, or financing the development, construction or operation of improvements on the Property, performance of mitigation and public benefits and other development related to the 84683.001 - 435668.4
5

Property, and other necessary and related expenses including but not limited to payment of fees, taxes and assessments.

1.5.4 Subject to the other applicable requirements of this Section 1.5, Owner shall have the right upon at least ten (10) calendar days prior written notice thereof to City and without the obligation to comply with Section 1.5.2 and without consent of the City: (a) to assign its rights, interests and obligations under this Agreement to an Owner Affiliate, and (b) to assign to any tenant operating on and occupying the Property or any portion thereof the portion of this Agreement applicable to the Property or portion thereof so leased or occupied. Notwithstanding anything in this Agreement to the contrary, nothing herein shall be construed or understood to restrict Owner's right to transfer the Property or any direct or indirect interest therein. For purposes of this Agreement, "Owner Affiliate" means (a) any entity that controls Owner, is controlled by Owner, or is under common control with Owner

1.5.5 Except as otherwise set forth in this Section 1.5.5 or Section 12, or as to the Anchor Tenant as defined in Section 11 following execution of a recorded Assignment of all or any portion of this Agreement, each Assignee shall be an Owner having the rights and obligations of an Owner under this Agreement with respect to the matters assigned, and shall be responsible to complete the improvements within the portion of the Property it acquires which are required to be constructed by such Owner and all related public improvements not then completed required to serve or otherwise required for the operation or use of any completed improvements on such portion of the Property and the Project. In addition, if bonds or other security are then in place to secure obligations under a subdivision map or other obligation and such security is being replaced in connection with such Assignment, Assignee shall provide for the assignment of existing security and bonds or issuance of equal new equal substitute security or bonds prior to the effective date of such Assignment. Upon any Assignment of this Agreement or the rights hereunder approved by the City, the seller, transferor or assignor shall be released of all obligations under this Agreement that relate to the portion of this Agreement and the Property being transferred and, thereafter, City shall look solely to such transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. In connection with each such transfer, transferor shall require the Assignee to assume in writing all of the obligations under this Agreement that relate to the portion of the Property being transferred. If any such Assignee defaults under this Agreement, such default shall not constitute a default by the Owner of any other portion of the Property and shall not entitle City to terminate this Agreement with respect to such other portion of the Property or the Owner thereof who is not in default. Each Assignee shall be responsible for the reporting and annual review requirements relating to the portion of the Property with respect to which such transferee is the Owner.

1.6 Notices. Formal written notices, demands, correspondence and communications between the City and Owner shall be sufficiently given if delivered or sent to the Parties by the means and in the manner set forth in Section 8 hereof. Such written notices, demands, correspondence and communications may be directed in the same manner to such other Persons and addresses as either Party may from time to time designate. Owner shall give written notice to the City concurrently with any Assignment of its rights, interests and obligations under this Agreement, setting forth the portion of the Property transferred in connection with such Assignment, the name of Assignee and Assignee's mailing address, the name and address of a 84683.001 - 435668.4
6

single person to whom any notice relating to such Assignee shall be given, the effective date of the Assignment and any other information reasonably necessary for the City to take any other action the City is required to take under this Agreement with respect to such Assignment.

1.7 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the Parties, in accordance with the provisions of Govt. Code Sections 65867 and 65868, by means of an ordinance adopted by the City Council.

1.8 Major Amendments and Minor Amendments.

1.8.1 Major Amendments. Any amendment to this Agreement which affects or relates to (a) the Term of this Agreement; (b) the uses allowed on the Property; (c) provisions for the reservation or dedication of land; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Property or the maximum height or square footage of proposed buildings or other structures or improvements; (f) monetary contributions by Owner or (f) any other substantive change to this Agreement determined to be material by City in its reasonable and good faith judgment, shall be deemed a "Major Amendment" and shall require the giving of notice and approval or disapproval in a public hearing before the Planning Commission and the City Council.

1.8.2 Minor Amendments. The Parties acknowledge that interpretation of the terms of this Agreement or the Project Approvals involving certain minor changes may be appropriate with respect to the details and performance of the Parties under this Agreement ("Minor Amendment"). The Authority to enter into such Minor Amendments, or to take any other actions in the implementation or application of this Agreement, is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any Minor Amendments or take such implementing actions without further City Council action. However, nothing in this Agreement shall be construed to prohibit the City Manager from seeking approval of Minor Amendments or actions in implementation of this Agreement from the City Council, in accordance with the provisions applicable to Major Amendments.

2. Development of the Property.

2.1 Vested Rights; Permitted Uses and Development Standards. Owner shall have the vested right to develop the Project and the Property in the manner, to the extent, for the uses and in accordance with and subject to the terms and conditions of this Agreement, the Applicable Rules and the Project Approvals. In accordance with Government Code Section 65866, "Applicable Rules" means (a) the land use regulations of the City, such as, but not limited to, the General Plan, the Project Approvals and other laws, statutes, ordinances, rules and regulations and official policies governing permitted uses of land, density, design, and improvement and construction standards and specifications applicable to development of the Project on the Property in effect as of the Effective Date, including but not limited to those governing the planning and zoning laws applicable to the Project, and (b) future rules that are not inconsistent with the 84683.001 -435668.4
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foregoing and made applicable to the Project in accordance with the requirements of this Agreement or which are hereafter agreed to in writing by Owner and the City.

2.2 Subsequent Project Approvals.

2.2.1 Discretionary Approvals. The vested right to develop the Project granted to Owner pursuant to this Agreement may require the Owner to seek subsequent discretionary approvals; provided, that, as set forth in Government Code Section 65865.2, in reviewing and acting upon these subsequent discretionary approvals, the City shall not impose any conditions, terms, restrictions or requirements that preclude the development of the Project for the uses and to the density and intensity of development set forth in the Project Approvals. Any subsequent discretionary approvals, including conditional use permits and plot plan approvals, shall become part of the Project Approvals once approved and after all appeal periods have expired, or, if an appeal is filed, after the appeal is decided in favor of the approval. In reviewing and approving applications for subsequent discretionary approvals, the City shall exercise its discretionary review and may attach such reasonable conditions and requirements as may be deemed necessary or appropriate to carry out the policies, goals, standards and objectives of the General Plan and to comply with legal requirements and policies of the City pertaining to such discretionary approvals, so long as such conditions and requirements do not preclude the uses and/or the density and intensity of use set forth in this Agreement and are not inconsistent with the Applicable Rules. Any such approval shall become subject to all the terms and conditions of this Agreement, shall be treated as a Project Approval, and Owner's right to proceed in accordance with those approvals shall be deemed vested under this Agreement.

2.3 Duration of Maps and Project Approvals. Pursuant to Govt. Code Section 66452.6(a), the duration of all tentative and final maps filed by Owner with respect to the Property or any portion thereof and approved by the City shall remain in effect for the Term of this Agreement and shall terminate concurrently with the termination of this Agreement. Tentative maps, either vesting or non -vesting, may be processed in phases subject to the Applicable Rules and Subdivision Map Act. In addition, all Project Approvals, including all plot plans, conditional use permits and other entitlement permits and approvals issued by the City with respect to the Project shall remain in effect for Term of this Agreement. The term of ministerial permits such as grading permits and building permits shall not be affected by or extended by this Agreement.

2.4 CEQA. The evaluation of environmental impacts for the Project is contained in Environmental Assessment No. ENV2025-0002. Based upon the City's current findings under Section 15183 of the CEQA Guidelines, no further environmental review is required for the Project, and a Notice of Exemption will be filed with the applicable public office or official.

2.5 Development Timing and Phasing.

2.5.1 Generally. The Parties acknowledge that Owner cannot at this time predict with certainty when or the rate at which phases of the Property would be developed. Such decisions depend upon numerous factors which are not all within the control of Owner, such as market orientation and demand, interest rates, competition and other factors. Because the California Supreme Court held in Pardee Construction Co. v. the City of Camarillo, 37 Ca1.3d 465 (1984), that the failure of the Parties therein to provide for the timing of development resulted 84683.001 - 435668.4
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in a later adopted initiative restricting the timing of development controlling the Parties' agreement, it is the intent of the City and Owner to hereby acknowledge and provide for the right of Owner to develop the Project in such order and at such rate and times as Owner deems appropriate within the exercise of its sole and subjective business judgment, subject to the terms, requirements and conditions of the Applicable Rules and the Project Approvals, including but not limited to the infrastructure phasing requirements therein, and this Agreement. The City acknowledges that such a right is consistent with the intent, purpose and understanding of the Parties to this Agreement, and that without such a right, Owner's development of the Project would be subject to the uncertainties sought to be avoided by the Development Agreement Laws and this Agreement.

Owner shall use commercially good faith efforts, in accordance with its sole and subjective business judgment and taking into consideration market conditions and other economic factors influencing Owner's sole and subjective business judgment, to commence or to continue development, and to develop the Project in a regular, progressive and timely manner in accordance with the provisions and conditions of this Agreement and with the Project Approvals, however, Owner shall not, by reason of its entry into this Agreement or commencement of any phase of the Project, have an obligation to commence construction of any phase or portion of the Improvements other than Improvements already commenced and related infrastructure.

2.5.2 Project Not Subject to Restrictions. Subject to Development Agreement Laws, Owner and the City intend that, except as otherwise provided herein, this Agreement shall vest the Applicable Rules and the Project Approvals against subsequent City resolutions, ordinances, growth control measures, initiatives and referenda (other than a referendum on the current Project Approvals that specifically overturns the City's approval of these Project Approvals) that would directly or indirectly limit the rate, timing or sequencing of development, or would prevent or conflict with the land use designations, permitted or conditionally permitted uses on the Property, design requirements, or the density and intensity of uses as set forth in the Project Approvals, and that any such resolution, ordinance, measure, initiative or referendum shall not apply to the Project Approvals and the Project. In the event of a conflict between this Agreement and such subsequent action, this Agreement shall control to the extent of such conflict. The orderly and measured build -out of the Project in accordance with the Applicable Rules will allow for the absorption of the new development into the community and the integration of the Project into the community.

2.5.3 Infrastructure Improvements and Phasing. Consistent with this Agreement and the Project Approvals, each final map shall include a detailed description of the infrastructure improvements, utility easements and other requirements under the map. As necessary for orderly development of the Project, the City may modify the public improvement requirements necessary to serve each phase as shown on particular final maps so long as such modifications substantially comply with the intent of this Agreement and the Applicable Rules.

Owner and City further recognize that economic and market conditions may necessitate changing the order in which the Project infrastructure is constructed, and City and Owner hereby agree that should it become necessary or desirable to develop any portion of the Project's infrastructure in an order that differs from the order set forth in this Agreement, the Project Approvals or any subsequent Project approvals, Owner and City shall meet and confer and City shall permit any such modification reasonably requested by Owner so long as the modification continues to ensure adequate infrastructure is available to serve the improvements on that portion of the Project that is in fact being constructed at that time.
84683.001 -435668.4
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2.6 Property Acquisition for Offsite Infrastructure. Owner and City shall dedicate and/or make available without further cost or charge, any right of way, utility easement or other property rights over the property they own or control as necessary to construct or otherwise provide the public improvements contemplated by this Agreement and the Project Approvals. Owner and City have confirmed that they do not have any current knowledge that any additional right of way or other property interests required for construction of the public improvements are outside of the ownership or control of the Owner and City.

If, notwithstanding their current understanding that no additional right of way or property interests will be required for the Project, such acquisition does become necessary, Owner shall, in a timely manner as determined by the City and consistent with the requirements of the Project and the conditions of approval for the Project, acquire the property rights necessary to construct or otherwise provide the public improvements contemplated by this Agreement and the Project Approvals. In any instance where Owner is required to construct any public improvement on land within the municipal limits of the City, as the same are determined, and to which neither Owner nor the City has sufficient title or interest, including fee title, an easement, right of way or license determined necessary by the City, Owner shall make reasonable, good faith efforts to acquire such title or interest for at least ninety (90) days. For the purposes of this Section, "reasonable good faith efforts" shall include proof that Owner made a written offer to purchase the property interest at fair market value, in accordance with an appraisal conducted by an MAI appraiser. If Owner is unable to acquire such title or interest despite demonstrating to the City such reasonable, good faith efforts, Owner may request of the City in writing and the City shall, subject to compliance with all applicable laws governing notice, hearing and deliberation, consider the acquisition of such title or interest by condemnation provided Owner funds the cost of such activities in advance.

If the City intends to approve the acquisition of such title or interest by condemnation, Owner shall first be required to enter into a reimbursement agreement with City whereby Owner deposits monies with City to cover all reasonable costs associated with such acquisition or condemnation proceedings including but not limited to attorneys' fees, expert witness fees, cost of the property interest being acquired and jury awards of any kind and all of the legal, appraisal and other costs reasonably incurred by City related to the acquisition of such title or interest by condemnation in accordance with applicable law. Upon acquisition of the necessary interest in land, or upon obtaining a right of entry, either by agreement or court order, Owner shall commence and complete the public improvements. This requirement shall be included, and, if necessary, detailed, in any subdivision improvement agreement entered into between Owner and the City pursuant to Govt.

Code § 66462.

2.7 Fee Credits, Reimbursement and Incentive Payment

2.7.1 Traffic and Transportation Improvements. As a condition to issuance by the City of a certificate of occupancy for the first building in the Project, to offset impacts from the Project due to vehicular traffic and other causes and as specifically provided in the conditions of approval for the Project, Owner shall construct the traffic, transportation, and related improvements listed on Exhibit "D" to this Agreement and described in the referenced plans for those improvements ("Offsite Traffic Improvements"), the currently estimated cost of which is also identified in Exhibit "D". Notwithstanding the forgoing, if Owner is delayed in construction of that portion of the Offsite Traffic Improvements consisting of traffic lights and related improvements located at the intersections of Elm Avenue and Oak Valley Parkway and Desert 84683.001 -435668.4
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Lawn Drive and Oak Valley Parkway ("Traffic Signal Improvements" and collectively with the Offsite Traffic Improvement, the "Offsite Traffic Improvements")based on required acquisition of property rights from third parties by negotiation or condemnation, City shall not withhold the issuance of a certificate of occupancy for such reason as provided in the preceding sentence; thereafter, Owner shall diligently and continuously secure the third party property rights, complete the improvements within one year thereafter and seek reimbursement of the cost of such improvements separately from the remainder of the Offsite Traffic Improvements upon completion of such improvements in accordance with this Section 2.7.1. Provided that (i) Owner has substantially completed the Offsite Traffic Improvements, (ii) Owner has substantially completed the on -site improvements (i.e. horizontal work including grading, asphalt, landscape, utilities, concrete, parking lot lighting, etc. in all material respects), and (iii) EITHER (A) a major retailer with a nation-wide presence having at least 125,000 square feet of floor space has opened within the Project, OR (B) Owner obtained certificates of occupancy from the City for not less than 50,000 square feet of building space for the Project (to include, as a portion of such square footage, a grocery store of at least 20,000 square feet in size) and City has received at least one dollar of sales tax revenue originating from a business located within said improvements, then City shall reimburse Owner for the actual cost of the construction of the Offsite Traffic Improvements within thirty (30) days after City receives the Owner's written request for reimbursements provided such request meets all of the submittal requirements in this Agreement and is in compliance with a reimbursement agreement to be executed by Owner and City in the form attached hereto as Exhibit D-1, attached hereto and made a part hereof by this reference ("Offsite Traffic Improvement Reimbursement Agreement"). City and Owner shall execute the Offsite Traffic Improvement Reimbursement Agreement contemporaneously with and subject to the effectiveness of this Agreement. In connection with such reimbursement Owner shall provide to City copies of receipts for paid invoices for all labor, materials, equipment and other amounts incurred by Owner to construct the Offsite Traffic Improvements in a lien free condition. If City determines that any submission for reimbursement is incomplete, it shall notify Owner of any additional required submission materials within the (10) days after submission to the City.. If there is disagreement with respect to the right to reimbursement on any portion of any submission, it shall not limit reimbursement for the undisputed portion of any submission and that undisputed portion shall be paid without delay.

It is intended that the Offsite Traffic Improvements will be subject to prevailing wages, but that the reimbursement of the same shall not trigger the payment of prevailing wages for any of the other private elements of the Project under Labor Code Section 1720(c)(2) providing that (i) where public funds are paid solely for public improvements on an otherwise private development project and those public improvements are required as a condition of regulatory approval, and (ii) the public entity contributes no more money or assistance to the project than what is required to fund the cost of those public improvements, and (c) the public entity does not retain a proprietary interest in the overall project, then only the public improvements shall be subject to the requirement for payment of prevailing wage. Notwithstanding the forgoing the amount of reimbursement by the City for the construction of the Offsite Traffic Improvements shall not exceed the amount of Six Million Dollars $6,000,000 ("Maximum Reimbursement"). The City Council will provide for the Maximum Reimbursement Amount in the City's Capital Improvement Program and Budget at the time of approving the Ordinance adopting this Agreement so that such reimbursement is documented, scheduled and committed to as a part of the standard budgeting process. The Offsite Traffic Improvements receiving reimbursement from the City under this Section 2.7.1 shall not be 84683.001 -435668.4
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subject to additional reimbursement under Section 2.7.2 below. Notwithstanding anything herein to the contrary, in no event shall the reimbursements received by Owner with respect to the Offsite Traffic Improvements exceed the maximum amount permitted by Labor Code Section 1720(c) so as to ensure that, under all circumstances, such reimbursement shall not trigger a prevailing wage requirement on any improvements other than the Offsite Traffic Improvements.

2.7.2 Reimbursement Agreement. Owner shall be entitled to receive a reimbursement for public improvements built at the sole cost and expense of the Owner that exceed the capacity required by the Owner's project ("Additional Capacity") from future parties who will benefit from such Additional Capacity. If Owner becomes aware of any future property that would be subject to this reimbursement requirement, Owner shall promptly provide written notice to City of such property and the amount of the reimbursement proposed. The City shall enter into an agreement to reimburse Owner from development agreement fees, CFD funds, development impact fees, grants or other fees paid for the Additional Capacity by developers of other properties contributing their fair share to such Additional Capacity or funded by CFD funds under a reimbursement agreement for such improvements consistent with the applicable provisions of Govt. Code Sections 66485-66489 ("Reimbursement Agreement") in order to allow Owner to recover the total amount for such excess capacity as and when such additional projects receive building permits. The Parties acknowledge that the goal of any such Reimbursement Agreement is to seek to assure that all future projects pay their fair share of the cost of the Additional Capacity, as reasonably determined by the City. Without limiting the effect of the foregoing, the City will have no direct financial or other liability to Owner under any Reimbursement Agreement other than with respect to the funds received from the Benefiting Parties or other third party sources, and will only administer reimbursements from projects that benefit from the Additional Capacity or such third party sources. Such separate Reimbursement Agreement shall have a term of no longer than twenty-five (25) years. To ensure that owners of property which reasonably benefit from the Additional Capacity ("Benefiting Parties") pay their fair share for such improvements, the City hereby agrees that, to the extent that it has legal authority to do so, it shall condition or otherwise require that Benefiting Parties pay for such improvements, either through development agreements, subdivision improvement agreements or other mechanisms with the City or by requiring that such Benefiting Parties enter into agreements with Owner directly. The Reimbursement Agreement between the City and Owner shall provide that if and when a particular property benefiting from the Additional Capacity is developed, the City shall either reimburse Owner for the pro rata share of the costs of the Additional Capacity actually used by it or shall enforce the condition or obligation for payment set forth in any separate agreement or assign the right to so enforce the separate agreement to Owner. Owner shall have no recourse against the City under the Reimbursement Agreement except that the City shall have the obligation, enforceable by Owner, to pay to Owner, until Owner is fully reimbursed for the costs of the Additional Capacity, any monies it receives from developers or other sources for the Additional Capacity, including but not limited to grant funding. Similarly, if the Benefiting Party fails to reimburse Owner for the Additional Capacity, Owner shall have no recourse against the City for the actions of such Benefiting Party; however, Owner shall retain all rights against the Benefiting Parties and benefited property, if any. In no case shall the City be obligated to reimburse Owner from general funds of the City (other than third party funds received for the purpose of reimbursement to Owner) or file any litigation to enforce or collect monies from developers. Whenever in this Agreement or in future reimbursement agreements the City is making reimbursements to Owner, the reimbursements shall be made on a quarterly basis. The City shall not reimburse Owner for costs 84683.001 - 435668.4
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of interim temporary improvements (improvements with a service life of less than 5 years) as reasonably determined by the City.

2.7.3 Application of Fee Credits and Reimbursement Rights. Owner's rights of reimbursement for Offsite Traffic Improvements and Additional Capacity shall vest for each improvement upon construction and payment, as specified in Section 2.7.1 and 2.7.2, as applicable. Owner's reimbursement amounts shall include all actual "hard" and "soft" direct and indirect costs of design, permitting, processing, construction and land acquisitions and/or right of way acquisition costs arising from or related only to obligations incurred in transactions with third parties and Owner's performance under this Agreement as to the Offsite Traffic Improvements or Additional Capacity, as applicable. In any event, the reimbursements to Owner for Offsite Traffic Improvements under Section 2.7.1 shall not exceed the Maximum Reimbursement amount set forth in Section 2.7.1.

2.8 Rules, Regulations and Official Policies; Future Rules.

2.8.1 Applicable Rules. During the Term, the rules, regulations, ordinances and official policies governing the permitted uses of land, the density and intensity of use, conceptual architecture, and improvement of the Property including but not limited to the maximum height and size of proposed buildings and other structures and improvements on the Property, shall be those rules, regulations and official policies in force on the effective date of the ordinance enacted by the City Council approving this Agreement. Except as otherwise provided in this Agreement, (a) the permitted uses of the Property shall include construction of commercial buildings and appurtenant structures, installation of all improvements and infrastructure reasonably incident thereto, and all other uses permitted under the Project Approvals. The density and intensity of use of the Property and the maximum height and size of proposed buildings shall be as set forth in the Applicable Rules. Except as expressly provided otherwise in this Agreement, to the extent any future changes in the General Plan, zoning codes or any future rules, ordinances, regulations or policies adopted by the City purport to be applicable to the Property but are not consistent with the terms and conditions of this Agreement, the terms of this Agreement and the Applicable Rules in effect prior to such changes shall prevail.

2.8.2 Reservation of Rights. Unless permitted pursuant to clauses (a) through (e) of this Section 2.8.2, any future changes in the General Plan, zoning codes or future rules, ordinances, regulations or policies including any moratorium, whether adopted by initiative or referendum or otherwise, shall be deemed to be inconsistent with the vested rights conferred by this Agreement and shall therefore not be applicable to the development of the Property or the Project and shall not interfere with or prevent the development of the Property; provided that the following are deemed not to be inconsistent with the Applicable Rules:
(a) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, excluding only any such procedural provisions specifically set forth in this Agreement, which shall continue to be controlling.
(b) The application to the Property of state or federal laws, and changes in City laws, regulations, plans or policies which are specifically mandated and required by 84683.001 -435668.4
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changes in state or federal laws or regulations. To the extent that any actions of federal or state agencies (or actions of regional and local agencies, including the City, required by federal or state agencies) have the effect of preventing, delaying or modifying development of the Property, the City shall not in any manner be liable for any such prevention, delay or modification of said development. Owner is required, at its cost and without cost to or obligation on the part of the City, to participate in such mandatory regional or local programs and to be subject to such development restrictions as may be mandated by reason of such actions of federal or state agencies (or such actions of regional and local agencies, including the City, required by federal or state agencies). In the event either Party believes that state or federal laws or regulations enacted after this Agreement is entered into are inconsistent with or prevent or preclude compliance with one or more provisions of this Agreement and/or require changes in Project Approvals, such Party shall provide the other Party with a copy of such law or regulation and written notice concerning the conflict with this Agreement or the required change in Project Approvals. The Parties shall, within thirty (30) days of the first such notice, meet and confer in good faith in a reasonable attempt to modify this Agreement and/or the Project Approvals to comply with such law or regulation in the manner that is least disruptive to the vested rights and Applicable Rules in effect prior to such new law and that preserves the purpose and intent of this Agreement to the maximum feasible extent. Thereafter, if the Parties are unable to reach agreement on the effect of such Federal or State law or regulation, the matter shall be scheduled for hearing before the City Council by the City Clerk, at its next most convenient meeting. At least ten (10) days' written notice of the time and place of such hearing shall be given by the City Clerk to the representative of Owner and the City Manager. The City Council, at such hearing, or at a continuation of such hearing, shall determine the exact modification which is necessitated by such Federal or State law or regulation. Owner, and any other interested person, shall have the right to offer oral and written testimony at the hearing.

Approval of any change or modification shall be by the affirmative vote of not less than a majority of the total voting membership of the City Council. The determination of the City Council shall be final and conclusive, except for judicial review thereof. (c) Regulations that may be inconsistent with the Applicable Rules but that, after duly noticed public hearing before the City Council, are determined necessary to protect the public from conditions that would be dangerous to their health and safety, which condition cannot be mitigated in a reasonable manner with respect to the development of the Property and the Project except through the imposition of such future regulation and which future regulations are applied consistently and evenly throughout the City. In determining whether any such regulations are necessary to protect the public health and safety as set forth above, the City Council shall make findings, based on substantial evidence presented to and accepted by the City Council, that the changes are necessary to protect the public health or safety and that the other conditions described above apply. To the extent possible, any such regulations shall be applied and construed to minimally impact Owner's rights provided under this Agreement. No such subsequently adopted changes in the General Plan, zoning codes or rules, ordinances, regulations or policies of the City shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Existing Project Approvals, as the same may be amended in accordance with the requirements of this Agreement. (d) Regulations that are not inconsistent with the Applicable Rules and do not adversely affect the ability to complete the Project in accordance with the Project Approvals or significantly increase the cost of completing or operating the Project. 84683.001 - 435668.4
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(e) Regulations that are inconsistent with the Applicable Rules to the extent, but only to the extent, each Owner to which such regulations would be applicable has given written consent to the application of such regulations to development of the Property, such consent to be granted or denied in such Owner's sole discretion.

If application of a subsequently enacted law, rule, regulation or policy under Section 2.8.2(b) through (e) above results in a reduction in the scope of the Project (as by reducing the permitted square footage, use or density of development), then the exactions required hereunder shall be equitably reduced.

2.8.3 The Project shall be constructed in accordance with the applicable standards, requirements and prohibitions of the Uniform Building, Mechanical, Plumbing, Electrical, Fire Codes and other codes, City standard construction specifications and details and Title 24 of the California Code of Regulations (California Building Standards Code) in effect throughout the City at the time of approval of the appropriate building, grading, encroachment or other construction permits for the Project. The City adopts by reference guidelines, policies and standards applicable to roads, utility lines, public improvements and fire safety imposed by other agencies including Riverside County and the Orange County Sanitation District ("Incorporated Regulations") which are applicable to properties on a citywide basis. The Project shall be constructed in accordance with the Incorporated Regulations in effect at the time of approval of the appropriate building, grading, encroachment or other construction permits for the Project. If no permits are required for the infrastructure improvements required by the Project Approvals, such improvements shall be constructed in accordance with the provisions of the codes delineated herein in effect at the start of construction of such infrastructure. Ordinances, resolutions, rules, regulations and official policies governing the design, improvement and construction standards and specifications applicable to public improvements to be constructed by Owner shall be those in force and effect at the time the applicable permit for the construction of such improvements is issued. If no permit is required for the public improvements, the date of the permit shall be deemed the date construction for the public improvements is commenced.

2.9 Fees, Exactions, Conditions and Dedications.

2.9.1 Development Fees. Impact fees, connection fees and capacity fees levied by the City shall be those in effect at the time of the issuance of a building permit and due and payable by Owner prior to the issuance of the building permit for the building in question. For the sake of clarity, as a condition to building permit issuance for each building, Owner shall pay the development impact fees listed on Exhibit "C" for such building in the amount in effect at the time the building permit for such building is issued, as well as any new or increased development impact fees authorized by this Agreement and adopted in accordance with applicable law. The City retains discretion to prospectively revise such fees as the City deems appropriate, in accordance with applicable law, and to adopt new development impact fees in accordance with applicable law.

The City may apply subsequently adopted development impact fees to the Project if the same are applied uniformly to development either throughout the City or with a defined area of benefit that includes the Property so long as the subsequently adopted exaction is not applied on an ad hoc basis solely applicable to or targeted at the Project and the subsequently adopted fee does not physically prevent development of the Property for the uses and to the density and intensity of development set forth in this Agreement. The development impact fees listed on Exhibit "C", as 84683.001 - 435668.4
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the same may be modified pursuant to this Agreement, are referred to herein as "Development Fees". For the sake of clarity, Owner shall pay the Development Fees at the time of and in the amount as determined by the City at the time the building permit is issued for such building and such payments shall be paid as a condition of building permit issuance or at such other time as required by the generally applicable provisions of the Beaumont Municipal Code. Nothing in this Agreement shall prevent an Owner from contesting, in any appropriate forum, the imposition or the amount of any processing fees, development impact fees or exaction, or any increases therein, under the provisions of applicable law. Notwithstanding any pending contest of such fees, City shall proceed with issuance of all required approvals and permits with respect to the Project and shall not withhold or delay issuance of those permits or approvals based upon any pending good faith protest or appeal with respect to such future fees or exactions or increases therein.

2.9.2 Limitations; Future Impacts. Except as otherwise specifically set forth in this Agreement, in the Project Approvals or in the Applicable Rules, the City shall not impose any obligations on Owner to dedicate land or to construct improvements, or impose any exactions to defray all or a portion of public improvements, public services, community amenities or for other municipal purposes, mitigation measures, obligations for construction of on -site or offsite improvements or dedication or reservation requirements upon Owner that apply to the Property, the Project or any improvements thereon or permit or Project Approval therefor without the prior written consent of each affected Owner in its sole discretion. Notwithstanding the foregoing, if the Project or any part thereof is modified by Owner in a manner that increases density, intensity of use or square footage or constitutes a change in use, the City shall have the right to require mitigation of the additional impacts associated with such modifications. The Parties acknowledge that certain of the Project Approvals may provide the City Engineer and other City staff with the right to review and approve technical studies and reports implementing the Project to confirm the technical adequacy of the determinations therein and in that context may require refinement of the Project plans as well as mitigation of impacts, provided the same are not inconsistent with the Applicable Rules or the Project Approvals.

2.9.3 Processing Fees. The City may charge and Owner shall pay fees for processing applications for governmental approvals, plan check fees, inspection fees and similar fees permissible under California Constitution Article XIII C Section 1(e)(1)-(7), judicial interpretations thereof or any successor provision(s) of law including, but not limited to those for reviewing and inspecting such applications and the construction being performed or to be performed pursuant thereto, which are in force and effect on a city-wide basis at the time the application is submitted for those permits.

2.9.4 Regional Impact Fees. Unless otherwise relieved by agreement with such agencies (e.g., TUMF and/or MSHCP fee credit agreement or similar agreement), Owner shall be required to pay the current and later adopted regional development impact fees, including but not limited to TUMF and MSHCP fees, in effect and in the amount due at the time of applying for a building permit.

2.9.5 Assignment. The benefit of or credit for Development Fees and processing fees paid by Owner may be assigned by Owner to any Assignee of a corresponding part of the Property or the Project provided that a written Assignment of the credit clearly identifying 84683.001 - 435668.4
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the source, amount and type of credit executed by the assignor Owner and Assignee is provided to the City Manager for the City Manager's record keeping.

2.9.6 Completion of Improvements. The City generally requires that all improvements necessary to service new development be completed prior to issuance of final certificates of occupancy for those affected improvements. The Parties acknowledge that some of the backbone or in -tract improvements associated with the development of the Property may not need to be completed to adequately service portions of the Property as such development occurs.

Therefore, as and when portions of the Property are developed, only the backbone or in -tract infrastructure improvements required to service such portion of the Property in accordance with the Applicable Rules need be completed prior to issuance of the final certificate(s) of occupancy for the improvements within such portion of the Property as reasonably determined by the City.

Subject to Owner's installation of infrastructure in accordance with the requirements of the Project Approvals, City has determined and hereby finds that it will have sufficient capacity in its infrastructure, services and utility systems, including, without limitation, traffic circulation, storm drainage, sewer collection, sewer treatment, and sanitation services to accommodate the Project.

To the extent that City renders such services or provides such utilities, City hereby agrees that it will serve the Project and that there shall be no restriction on hookups or service for the Project.

Any tentative maps prepared for this Project shall comply with the provisions of Government Code Section 66473.7 to the extent applicable hereto. In connection with the foregoing, the City has determined that the said Section 66473.7 is not applicable to the Project in that the immediate contiguous properties surrounding the Project are, or previously have been, developed for urban uses within the meaning of Government Code Section 66473.7(i). Further, the City has, in any event, found and determined that sufficient water supplies are, or will be, available prior to completion of the Project that will satisfy the requirements of Government Code Section 66473.7.

2.10 Expedited Processing; Cooperation with Permits. The City agrees to timely consider and act upon any matter which is reasonably required, necessary or desirable to accomplish the intent, purpose and understanding of the Parties in entering into this Agreement, including, without limitation, processing of any ministerial permit or ministerial approval or any request for a discretionary action or discretionary approval. The City further agrees that, if Owner satisfactorily complies with all preliminary procedures, actions, payments of applicable processing fees, and criteria generally required of developers by the City for processing applications for such discretionary actions or discretionary approvals that the City will not unreasonably withhold or unreasonably condition or delay any such subsequent discretionary action or discretionary approval required in connection with any Project approval. All subsequent project approvals shall be subject to the terms and conditions of this Agreement, and, once approved, shall be deemed a part of the Project Approvals and Applicable Rules vested by this Agreement If standard City staffing fails to result in processing of any permits or approvals as promptly as required by each Owner, then the City agrees, upon request of an Owner, to reasonably cooperate with that Owner in hiring additional staff or consultants to process the ministerial permits and approvals or discretionary actions and approvals at the sole cost of the Owner, and the Owner requesting such additional staff shall submit a reasonable advanced evergreen deposit for such purposes to be drawn upon by City and reimburse the City for all costs of such staff or consultants, within thirty (30) days after such Owner receives an invoice identifying such reimbursable 84683.001 - 435668.4
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expenses; provided, the applicable Owner shall have the right to audit such costs, at its expense, upon request.

The City shall cooperate with Owner in the securing of any permits or approvals from other governmental agencies having jurisdiction over the Project, including, without limitation, any permits or approvals required as a result of any further modification to the Project processed with City. Owner shall apply for such other permits and approvals as may be required from other governmental or quasi -governmental agencies having jurisdiction over the Project as may be required for the development of, or provision of services to, the Project, and the City shall cooperate with Owner in its endeavors to obtain such permits.

3. Obligations of Owner.

If Owner exercises its vested right to develop the Project and proceeds to develop the Project, Owner shall develop the Property in accordance with and subject to the terms and conditions of this Agreement and the Project Rules. The failure of Owner to comply with any term or condition of or fulfill any obligation of Owner under this Agreement or the Project Rules shall constitute a default by Owner under this Agreement; provided that failure of Owner to construct all or any portion of the Project, or to commence or complete the public benefits or any public improvements shall not be a default under this Agreement unless such public benefits or public improvements are needed to provide service to any improvements subject to a previously issued building permit and which are in fact constructed on the Property.

4. Default, Remedies, Termination.

4.1 General Provisions. In the event of default by either Party in the performance of any of its material obligations under the terms or conditions of this Agreement, the Party alleging such default shall give the other Party notice in writing specifying in reasonable detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. The Party receiving such notice shall have fifteen (15) days from the date of receipt of such notice to cure any monetary default and thirty (30) days from the date of receipt of such notice to cure any non - monetary default, provided, however, for non -monetary defaults, if the amount of time reasonably required to cure the breach exceeds said thirty (30) days, the breaching Party shall have such longer time period as may be reasonably required provided that the breaching Party has commenced to cure such default within that thirty (30) day period and thereafter diligently prosecutes such cure to completion. During any such cure period, the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings or exercise of any other remedies for such default. After notice and expiration of the applicable cure period, if such default has not been cured, the other Party to this Agreement may at its option:
(a) Terminate this Agreement (provided that if any portion of the Project or Property has previously been Assigned, such termination shall only affect the portion of the Property and/or Project owned by Owner claiming City default or the portion of the Property and/or Project owned by the defaulting Owner, as applicable), in which event neither Party affected by such termination shall have any further rights against or liability to the other with respect to this Agreement or the Property first arising thereafter; provided that if the City commences such termination proceedings, it shall give not less than thirty (30) days prior written notice thereof to 84683.001 - 435668.4
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Owner, which notice shall specify the affected Parcel or Parcels and the grounds for termination and shall set a date, time and place for a public hearing before the City Council. At the noticed public hearing, the affected Owner and/or its designated representative shall be given an opportunity to make a full and public presentation to the City and to respond to the City's evaluation of Owner's performance, either orally or in a written statement, at such Owner's election. If, following the taking of evidence and the hearing of testimony at said public hearing, the City finds, based upon substantial evidence, that Owner is not in compliance with a specific, material term or provision of this Agreement, and failed to timely cure such failure within the applicable cure period, then the City may terminate this Agreement as to the applicable portion of the Property owned by the defaulting Owner. No expiration or termination of this Agreement, or a portion thereof, shall affect any right or duty arising from previously granted entitlements or approvals or obligations or rights that accrued prior to such termination, including the Project Approvals on the Property approved prior to the effective date of the City Council's decision to terminate provided that the term of such Project Approvals shall be determined by reference to applicable law and not this Agreement following such termination of this Agreement. (b) Institute legal or equitable action to cure, correct or remedy any default, including but not limited to an action for injunctive relief or specific performance of the terms of this Agreement; provided, however, that in no event shall either Party be liable to the other for money damages for any default or breach of this Agreement except for monetary amounts specifically provided for in this Agreement to be paid to such Party, including, without limitation, the right of Owner to recover from City the reimbursements provided for in Section 2.7. If any portion of the Project or Property has prior to such default been assigned, such enforcement action shall only be brought against and shall only affect the portion of the Property and/or Project owned by the defaulting Owner and may only be brought by the Owner(s) who have been harmed by the City default. Nothing herein shall preclude either Party from seeking reimbursement for amounts expressly required to be paid by one Party to the other under this Agreement including but not limited to application fees, Development Fees, reimbursement of consultants' fees to City, or TUMF credit agreement or any other reimbursement or credit agreement fees to Owner or to recover attorneys' fees if it is the prevailing Party as provided herein. Any such monetary obligations not paid when due hereunder shall thereafter bear interest at the rate of ten percent (10%) per annum from the date originally due until the date paid. It is expressly recognized that (a) except as set forth above with respect to the limited remedies for monetary damages, injunctive relief and specific enforcement of this Agreement are the proper and desirable remedies and that the non -breaching Party's remedy for a breach or violation of this Agreement shall normally be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement or to terminate this Agreement and (b) no act or omission of any Defaulting Owner shall by itself constitute a default by another Owner, and the City shall have no obligation whatsoever to cure any such default by one Owner for the benefit of any other Owner within the Project. As set forth in Section 2.5 above, in any event City shall not have the right to specifically enforce against any Owner, nor in any way compel an Owner to either start or complete the Project, nor to seek any monetary damages from the Owner for an Owner's failure to start or complete the Project; provided, that, City shall have the right (i) to compel Owner, by an action for specific performance, to complete any public improvements which have been commenced and are partially completed as of the date of termination, including, without limitation, bringing an action against any bonds posted to secure the construction of those improvements, and (ii) to require Owner to dedicate any property and complete any public improvements which are 84683.001 - 435668.4
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required by the Project Approvals to be dedicated and/or completed prior to occupancy of those Project improvements in fact constructed on the Property pursuant to this Agreement.

4.2 Owner's Right to Terminate Upon Specified Events.

Notwithstanding any other provisions of this Agreement to the contrary, the Owner retains the right to terminate this Agreement upon thirty (30) days written notice to the City in the event that the Owner determines in its good faith judgment that continued development of the Project has become economically infeasible or impracticable due to changed market conditions, increased development costs, or burdens imposed, consistent with this Agreement, by the City or another governmental entity as conditions to subsequent project approvals. In the event Owner exercises this right, it shall nonetheless be responsible for mitigation of impacts to City resulting from development that may have occurred on the Property prior to the notice of termination, on a fair share or nexus basis, and within the thirty (30) day notice period City and Owner shall meet to identify any such mitigation obligation that may remain to be satisfied. If the Parties are in disagreement at the end of the (30) day notice period, the Agreement shall be terminated as to all matters except for the remaining mitigation obligation in dispute.

4.3 Annual Review.

4.3.1 Process. Without limiting the effect of Section 4.1, the City Manager shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Owner with the terms and conditions of this Agreement since the preceding annual review. Such periodic review shall be limited in scope to reviewing Owner's good faith compliance with the terms and conditions of this Agreement pursuant to Govt. Code Section 65865.1. The Planning Director shall begin the review by giving thirty (30) days prior written notice to Owner that the Planning Commission intends to undertake a periodic review of the Agreement. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreement. If the Planning Director has recommended further review of performance, the Planning Commission shall conduct a public hearing at which the Owner shall provide substantial evidence of good faith compliance with the terms of this Agreement. The Planning Commission shall determine upon the basis of substantial evidence whether or not Owner has, for the period under review, complied in good faith with the terms and conditions of this Agreement.
(a) If the Planning Director initially determines that Owner has complied in good faith with the terms and conditions of the Agreement or if the Planning Commission, after referral from the Planning Director, fmds and determines on the basis of substantial evidence that Owner has complied in good faith with the terms and conditions of the Agreement during the period under review, the review for that period is concluded and, if requested by Owner, the City shall issue the Certificate described in Section 4.3.5. (b) If the Planning Commission finds and determines on the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of the Agreement during the period under review, the City shall provide written notice to Owner of the determination by registered mail.
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The Planning Commission shall make its decision regarding compliance within twenty (20) days after the close of its public hearing. Notice of the decision shall be filed by the Planning Director with the City Clerk, together with a report of the proceedings, and a copy mailed by registered mail to Owner.

4.3.2 Appeal; City Council Review. The decision of the Planning Commission shall be final unless, within fifteen (15) days of the Owner's receipt of said decision, Owner or any interested person files an appeal or unless the City Council orders the matter set for public hearing. If the Planning Commission is unable to make a decision, that fact shall be reported to the City Council in the same manner for reporting decisions and the failure to make a decision shall constitute a decision not to confirm a good faith compliance finding. Once the matter has been referred to the City Council, the City Council retains the right to refer the matter back to the Planning Commission for further proceedings or for report and recommendation, provided that the City Council shall make the final decision following any further action by the Planning Commission.

4.3.3 Owner Right to Respond and Cure. Proceedings related to modification or proposed termination of this Agreement shall be conducted in accordance with this Agreement and the Development Agreement Laws. At each public hearing, Owner shall be provided an opportunity to respond to any report or finding; any such response timely submitted in writing shall be included in the submittal to the City Council. As provided in this Agreement, failure to prosecute the Project based upon good faith business judgment shall not be a default under this Agreement or a cause for finding of noncompliance at annual review. If there is more than one Owner, then the fmding of the Planning Commission and City Council shall be made with respect to the conduct of each Owner individually and the noncompliance applicable to one Owner shall not be a basis to find noncompliance by other Owner(s) in the absence of a determination that the other Owner(s) are also noncompliant under this Agreement. Prior to any modification or termination of this Agreement, Owner shall be provided a right to cure any alleged default in accordance with Section 4.1.

4.3.4 Effect of No Review. Failure of the City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall Owner have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. Owner shall not be penalized in the event that the City fails to request periodic review as contemplated in this Section and any failure to conduct such annual review shall not adversely impact the Owner's rights hereunder in any way. Any finding of non- compliance with this Agreement shall be made solely on the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement at or following a public hearing.

4.3.5 Certificate of Agreement Compliance. If, at the conclusion of a periodic review, Owner is found to be in compliance with this Agreement, the City shall, upon written request of the Owner, issue a certificate (the "Certificate") to Owner stating that after the most recent periodic review and based upon the information known or made known to the person or body conducting such review that: (a) this Agreement remains in effect, and (b) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, and shall state the 84683.001 -435668.4
21

anticipated date of commencement of the next periodic review. Owner may record the Certificate with the County Recorder. If the City does not find Owner to be in compliance with this Agreement, it shall not be obligated to issue the Certificate.

4.4 Limitation on Liability. In no event shall the public officials, officers, agents or employees of City or the employees, officers, members, lessees, or partners of Owner, be personally liable in damages for any breach or violation of this Agreement.

4.5 Applicable Law, Venue and Attorneys' Fees. This Agreement shall be construed and enforced in accordance with the laws of the State of California exclusive of its choice of law rules and the venue for any legal action concerning this Agreement shall be in Riverside County Superior Court. Owner acknowledges and agrees that the City has approved and entered into this Agreement in the exercise of its legislative discretion and that the standard of review of the validity or meaning of this Agreement shall be that accorded legislative acts of the City. Should any legal action be brought by a Party for breach of this Agreement or to enforce any provision herein, the prevailing Party of such action shall be entitled to reasonable attorneys' fees, expert witness fees, court costs and such other costs as may be fixed by the Court, including any such costs incurred on appeal or in the enforcement of any resulting judgment.

4.6 Invalidity of Agreement. If this Agreement shall be determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any state or federal law which becomes effective after the date of this Agreement the unenforceable provision shall be deemed severable and the remainder of the Agreement shall remain in force and effect and the Parties shall negotiate in good faith for amendments to this Agreement that will cure the invalidity or unenforceability to the extent possible.

4.7 Termination for Reasons Other than Owner or City Default. Notwithstanding that there is no default by either Party under this Agreement, this Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(b) Entry after all appeals have been exhausted, of a final judgment or issuance of a final order by a court of competent jurisdiction directing the City to set aside, void or annul the adoption of the ordinance approving this Agreement or the adoption of the Project Approvals, provided the time for filing any return to writ has also expired. (c) The adoption of a referendum measure specifically overriding or repealing the ordinance approving this Agreement and the Project Approvals or any thereof. (d) Owner's election to terminate this Agreement and all of the Project Approvals prior to the commencement of the Project in accordance with the Project Approvals. If Owner elects not to develop the Property as a commercial project in substantial conformance with the Project Approvals or elects to terminate this Agreement pursuant to Section 4.2 of this Agreement, Owner shall provide at least thirty (30) days advance written notice of said election to the City.
84683.001 -435668.4
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Upon the termination of this Agreement pursuant to Section 4.2 or this Section 4.7, no Party shall have any further right or obligation hereunder, except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Termination of this Agreement shall not affect any of the covenants of the City or Owner specified in this Agreement to continue after the termination of this Agreement.

5. Hold Harmless Agreement.

5.1 Hold Harmless Agreement. Owner hereby agrees to and shall hold the City, its elective and appointive council members, boards, commissions, officers, agents and employees harmless from any third party liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage, which may arise from Owner or Owner's contractors, subcontractors, agents or employees construction of the Project, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more Person(s) directly or indirectly employed by or acting as agent for Owner or any of Owner's contractors or subcontractors provided that the foregoing shall not extend to any such claim to the extent it results from the gross negligence or misconduct of the City or its representatives or agents.

In the event of any legal action instituted by a third party or any governmental entity or official challenging the approval, execution or implementation of this Agreement or any provision of this Agreement (exclusive of any such actions brought by the City), the Parties agree to and shall cooperate fully and join in the defense by the City of such action, provided that Owner shall be allowed to provide a joint defense to the City and Owner at it sole cost and expense with counsel acceptable to City to defend both City and Owner, which approval shall not be unreasonably withheld, conditioned or delayed. The City may, in its sole discretion and at its sole expense, elect to also participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Owner of its obligation to provide a joint defense of such action or increase the defense costs of Owner. The Parties shall keep each other informed of all developments relating to defense of such matters subject only to confidentiality requirements that may prevent the communication of such information. Any proposed settlement of litigation or other challenge by Owner shall result in a final resolution providing for no liability or cost to City or shall otherwise be subject to the Parties' approval, each in its reasonable discretion. Notwithstanding the foregoing, Owner may elect not to defend a challenge to the Project, the Project Approvals, or this Agreement. In such event, the City shall have the right, in its sole discretion, to defend against such action at its sole cost and expense or to elect not to defend such action. If Owner, and thereafter City, each elects not to defend against the action, Owner shall remain obligated to indemnify and hold City harmless from and against any reasonable damages, attorneys' fees or costs that could not be avoided despite City's reasonable cooperation in the resolution of such litigation. It is agreed by the City that Owner shall take the lead role defending against any legal action to which this Section applies. The filing of any third party lawsuit(s) against City or Owner relating to this Agreement, the Project Approvals, any subsequent project approvals or other development issues or approvals affecting the Property shall not delay or stop the development, processing or construction of the Project, approval of any future discretionary approvals, or issuance of future permits or approvals, unless the third party obtains a court order preventing the activity (which City shall not stipulate to or cooperate in the issuance of) or the City Attorney 84683.001 -435668.4
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determines that the issuance of such permits or approvals will likely result in liability to the City which is not adequately addressed by the existing Owner indemnity of the City set forth above.

5.2 Prevailing Wages. Owner acknowledges the existence of the requirements of California Labor Code § 1720, et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 1600 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects, as defined by the Prevailing Wage Laws. If work pursuant to this Agreement is being performed by Owner as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation under the contract in question is $1,000 or more, Owner agrees to fully comply with such Prevailing Wage Laws. Upon Owner's request, the City shall provide a copy of the then current prevailing rates of per diem wages. Owner shall make available to interested parties upon request, copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the work subject to Prevailing Wage Laws and shall post copies at Owner's principal place of business and at the Property. Owner shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless pursuant to the indemnification provisions of this Agreement from any claim or liability arising out of any failure or alleged failure by Owner to comply with the Prevailing Wage Laws associated with any "public works" or "maintenance" projects associated with Project development which are subject thereto.

Except as expressly provided in Section 2.7.1 with respect to the Offsite Traffic Improvements, nothing in this Agreement shall in any way require, or be construed to require, Owner to pay prevailing wages with respect to any work of construction or improvement within the Project (a "Non Intended Prevailing Wage Requirement"). But for the understanding of the Parties as reflected in the immediately preceding sentence, the Parties would not have entered into this Agreement based upon the terms and conditions set forth herein. Owner and City have made every effort in reaching this Agreement to ensure that its terms and conditions will not result in a Non Intended Prevailing Wage Requirement. These efforts have been conducted in the absence of any applicable existing judicial interpretation of which the Parties are aware that would indicate that the terms and conditions of this Agreement would result in a Non -Intended Prevailing Wage Requirement. If, despite such efforts, any provision of this Agreement shall be determined by the Department of Industrial Relations, the Labor and Workforce Development Agency, or any court of competent jurisdiction to result in a Non Intended Prevailing Wage Requirement, the Parties shall take such steps as are available, including any necessary modification or amendment to this Agreement, to mitigate or avoid such Non -Intended Prevailing Wage Requirement or its application to this Project at the sole cost and expense of the Developer.

5.3 Survival of Provisions. The provisions of this Section 5 shall survive the termination of this Agreement with respect to matters arising during the Term.

6. Project as a Private Undertaking.

It is specifically understood and agreed by and between the Parties that the development of the Property is a separately undertaken private development. No partnership, joint venture or other association of any kind between Owner and the City is formed by this Agreement. The only 84683.001 - 435668.4
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relationship between the City and Owner is that of a governmental entity regulating the development of private property and the actions of the owner of such private property.

7. City Representations and Consistency with General Plan.

The City hereby finds, determines and represents that execution of this Agreement is in the best interest of the public health, safety and general welfare of the City and that this Agreement and the Project and the Project Approvals are consistent with the General Plan and that the Project Approvals lawfully authorize the construction and use of the Project. City has the authority to permit Owner to develop the Project, subject to, and in accordance with: (a) the Project Approvals; (b) the Applicable Rules; and (c) the terms and conditions of this Agreement, and, based upon all the information made available to City prior to or concurrently with the execution of this Agreement, there are no Applicable Rules that would prohibit or prevent the full completion and occupancy of the Project in accordance with the uses, densities, heights, and terms of development incorporated and agreed to herein. City has the legal authority to enter into and implement this Agreement.

8. Notices. Except as otherwise expressly provided in this Agreement, all notices required by this Agreement shall be in writing and delivered in person, by overnight delivery (including federal express), or sent by certified mail, postage prepaid, to the addresses of the Parties as set forth below. Notice required to be given to the City shall be addressed as follows:

City of Beaumont
550 East 6th Street
Beaumont CA 92223
Attn: City Manager
Notice required to be given to Owner shall be addressed as follows:

Beaumont Regency AVG, LLC
c/o Regency Centers Corporation
One Independent Drive, Suite 114
Jacksonville, Florida 32202-5019
Attn: VP, Legal Department
With a Copy to:
84683.001 -435668.4
Beaumont Regency AVG, LLC
c/o Regency Centers Corporation
420 Stevens Avenue, Suite 320
Solana Beach, California 92075
Attn: Market Officer
Abram Roy LLP
24025 Park Sorento, Suite 460
Calabasas, California 91302
Attn: Dennis Roy, Esq.
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Either Party may change the address stated herein by giving notice in writing to the other Party, or by modifying the address for written notice in a written Assignment agreement submitted to the City pursuant to the requirements of this Section and recorded against the Property or applicable portion thereof. Thereafter notices shall be addressed and transmitted to the new address. If there is more than one Owner, notices shall be sent by the City to each and every Owner unless otherwise specified in an assignment and assumption agreement recorded against the Property.

9. Recordation.

When fully executed, this Agreement shall be recorded in the official records of Riverside County, California. Any amendments to this Agreement shall also be recorded in the official records of Riverside County.

10. Estoppel Certificates.

Either Party may, at any time, and from time to time, but no more often than quarterly, unless in connection with an Assignment, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications, (c) the requesting Party is not in default in the performance of its obligations under this Agreement to the knowledge of the responding Party, or, if in default, to describe therein the nature and extent of any such defaults, and (d) and such other reasonable information or confirmations as the requesting Party may request. The City Manager shall be authorized to execute any certificate hereunder.

Each Party from which an estoppel certificate is requested shall provide a fully executed certificate within fifteen (15) calendar days following the date of written request. The failure to timely deliver a requested estoppel certificate shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Owner, and that there are no uncured defaults in the performance of the requesting Owner, except as may be represented by the requesting Owner. Any such certificate may be and is intended to be relied upon by any person, including, but not limited to, the other Party, potential purchasers or lessees of all or any part of the Property, lenders or potential lenders, and investors and potential investors.

11. Provisions Relating to Anchor Tenant.

11.1 Anchor Tenant Rights and Obligations.

11.1.1 Anchor Tenant Takeover Rights. The City hereby acknowledges that Owner intends to enter into a ground lease agreement with a nationally recognized anchor retailer (the "Anchor Tenant") for a significant portion of the Property ("Anchor Tenant Premises"), along with certain other related agreements including, without limitation, a Site Development Agreement with the Anchor Tenant ("SDA"). The City hereby acknowledges that the SDA will obligate Owner to perform the construction of certain improvements within the Project (such as, by way of example but not limitation, parking areas, drive aisles, and other common area improvements), and will also obligate Owner to perform the Offsite Traffic Improvements as required under this Agreement. The SDA will further provide the Anchor Tenant certain rights, but not the obligation, 84683.001 -435668.4
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to take over and perform one or more of Owner's obligations under the SDA pursuant to the terms more particularly set forth in the SDA ("Anchor Tenant Takeover Right"). Upon execution of its lease, the Anchor Tenant shall have the rights and obligations of an Owner hereunder as to, and solely as to, its leased Anchor Tenant Premises, and shall have no obligation or duty under this Agreement to construct or complete the construction of the Offsite Traffic Improvements or to guarantee such construction or completion, and shall not be obligated to pay any fees or charges which are liabilities of Owner or Owner's successors -in -interest under this Agreement.

Notwithstanding the foregoing, in the event that the Anchor Tenant exercises the Anchor Tenant Takeover Right under the SDA, the Anchor Tenant shall have the right, but not the obligation, by written notice to City, to assume Owner's obligations under this Agreement to perform the Offsite Traffic Improvements in accordance with the terms and conditions of this Agreement ("Anchor Tenant Assumption").

11.1.2 Anchor Tenant Payment of Fees; Reimbursement. Anchor Tenant shall not be obligated to pay any fees or charges which are obligations of Owner under this Agreement; provided, however, that any development of the Anchor Tenant Premises shall be subject to the Project Approvals applicable to the Anchor Tenant Premises and subject to all of the terms and conditions hereof, including payment of all fees (delinquent, current and accruing in the future) and charges, and assumption of all obligations of Owner hereunder that are applicable to the development of the Anchor Tenant Premises. In the event that the Anchor Tenant exercised the Anchor Tenant Takeover Rights under the SDA and completes the Offsite Traffic Improvements as required under this Agreement, the Anchor Tenant shall be entitled to such reimbursements as is owing by the City under this Agreement, less any amounts of such reimbursement as has been previously paid by the City to Owner.

11.1.3 Notice of Owner's Breach Hereunder. If the City receives notice from the Anchor Tenant requesting a copy of any notice of default given to Owner hereunder and specifying the address for notice thereof, then the City shall deliver to such Anchor Tenant, concurrently with service thereon to Owner, any notice given to Owner with respect to any claim by the City that Owner is in default, and if the City makes a determination of non-compliance, the City shall likewise serve notice of such noncompliance on such Anchor Tenant concurrently with service thereof on Owner.

11.1.4 Anchor Tenant's Right to Cure. The Anchor Tenant shall have the right (but not the obligation) for a period of sixty (60) days after the expiration of the time period for cure provided to Owner pursuant to Section 4.1 to cure or remedy, or to commence to cure or remedy, the default claimed or the areas of noncompliance set forth in the City's notice. If any default or noncompliance cannot, with diligence, be remedied or cured within such sixty (60) day period, then such Anchor Tenant shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Anchor Tenant commences cure during such sixty (60) day period and thereafter diligently pursues such cure to completion.

Notwithstanding the foregoing, nothing in this Agreement shall be deemed to permit or authorize any Anchor Tenant to undertake or continue construction or completion of any Offsite Traffic Improvements without first having delivered to the City the Anchor Tenant Assumption. 84683.001 - 435668.4
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12. Provisions Relating to Lenders.

12.1 Lender Rights and Obligations.

12.1.1 Prior to Lender Possession. Owner may enter into mortgages, deeds of trust and other security instruments described in the following sentence secured by Owner's interest in the Property. The holder or beneficiary of any indenture of mortgage or deed of trust, hypothecation, pledge, assignment for security purposes, bond, grant of taxable or tax exempt funds from a governmental agency or other security interest or any documents constituting or relating to a sale -leaseback transaction ("Lender") shall have no obligation or duty under this Agreement to construct or complete the construction of improvements, or to guarantee such construction or completion, and shall not be obligated to pay any fees or charges which are liabilities of Owner or Owner's successors -in -interest, but such Lender shall otherwise be bound by all of the terms and conditions of this Agreement which pertain to the Property or such portion thereof in which Lender holds an interest.

12.1.2 Lender in Possession. A Lender who comes into possession of the Property, or any portion thereof, pursuant to foreclosure of a mortgage or deed of trust, or a deed in lieu of foreclosure, shall not be obligated to pay any fees or charges which are obligations of Owner and which remain unpaid as of the date such Lender takes possession of the Property or any portion thereof; provided, however, that a Lender shall not be eligible to apply for or receive Project Approvals with respect to the Property, or otherwise be entitled to develop the Property or devote the Property to any uses or to construct any improvements thereon other than the development contemplated or authorized by this Agreement and subject to all of the terms and conditions hereof, including payment of all fees (delinquent, current and accruing in the future) and charges, and assumption of all obligations of Owner hereunder; provided, further, that no Lender, or successor thereof, shall be entitled to the rights and benefits of Owner hereunder or entitled to enforce the provisions of this Agreement against the City unless and until such Lender or successor in interest qualifies as a recognized Assignee of this Agreement and makes payment of all delinquent and current City fees and charges pertaining to the Property.

12.1.3 Notice of Owner's Breach Hereunder. If the City receives notice from a Lender having a secured interest in the property within the Project requesting a copy of any notice of default given to Owner hereunder and specifying the address for notice thereof, then the City shall deliver to such Lender, concurrently with service thereon to Owner, any notice given to Owner with respect to any claim by the City that Owner is in default, and if the City makes a determination of non-compliance, the City shall likewise serve notice of such noncompliance on such Lender concurrently with service thereof on Owner.

12.1.4 Lender's Right to Cure. Each Lender shall have the right (but not the obligation) for a period of sixty (60) days after the expiration of the time period for cure provided to Owner pursuant to Section 4.1 to cure or remedy, or to commence to cure or remedy, the default claimed or the areas of noncompliance set forth in the City's notice. If the default or such noncompliance is of a nature which can only be remedied or cured by such Lender upon obtaining possession, such Lender may seek to obtain possession with diligence and continuity through a receiver or otherwise and may thereafter remedy or cure the default or noncompliance within sixty (60) days after obtaining possession. If any default or noncompliance cannot, with diligence, be 84683.001 -435668.4
28

remedied or cured within such sixty (60) day period, then such Lender shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Lender commences cure during such sixty (60) day period and thereafter diligently pursues such cure to completion. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to permit or authorize any Lender to undertake or continue construction or completion of any improvements comprising the Project (beyond the extent necessary to conserve or protect improvements or construction already completed) without first having expressly assumed the defaulting Owner's obligations under this Agreement.

12.1.5 Other Notices by the City. A copy of all other notices given by the City to Owner pursuant to the terms of this Agreement shall also be sent to any Lender who has requested such notices at the address provided to the City by the Lender.

12.2 Right to Encumber. The City agrees and acknowledges that this Agreement shall not prevent or limit Owner of any interest in the Property, or any portion thereof, at any time or from time to time in any manner, at such Owner's sole discretion, from encumbering the Property, the improvements thereon, or any portion thereof with any mortgage, deed of trust, sale and leaseback arrangement or other security device.

12.3 Reasonable Modifications. The City agrees that it shall consider and adopt as Minor Amendments such other industry standard provisions requested by Owner to obtain financing if the same is requested by a Lender in order to protect its collateral under any deed of trust, mortgage or other security instrument, provided the same does not materially diminish the interests of the City under this Agreement.

13. Cooperation and Defense of Agreement.

13.1 Further Actions and Instruments. The Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The Parties further agree to mutually cooperate with one another in carrying out the purposes of this Agreement.

13.2 Defense of Agreement. Subject to the other provisions of this Agreement, the City agrees to and shall timely take all actions which are reasonably necessary or required to uphold the validity and enforceability of this Agreement and the Applicable Rules and Project Approvals.

If this Agreement is adjudicated and determined to be invalid or unenforceable, the City agrees, subject to all legal requirements, to consider and implement all modifications to this Agreement which are reasonably necessary or required to render it valid and enforceable to the extent permitted by applicable law.

13.3 No Moratorium. No future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the 84683.001 - 435668.4
29

rate or timing over time of development or construction of all or any part of the Project or alter the sequencing of development phases or alter or limit entitlements to use or service (including but not limited to water and sewer), whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether adopted or imposed by the City Council, an agency of the City or through the initiative or referendum process, shall apply to the Property or any portion thereof, provided, however, the provisions of this Section shall not affect City's compliance with moratoria or other limitations mandated by other governmental agencies or court -imposed moratoria or other limitations to which the City is subject and mandated to comply notwithstanding the existence of this Agreement.

13.4 Certificate of Performance. Upon the completion of the Project, or the development of any portion thereof, or upon performance of this Agreement or its earlier revocation and termination, the City shall provide Owner, upon Owner's request, with a statement ("Certificate of Performance") evidencing said completion or revocation and the release of Owner from further obligations hereunder, provided that if the release relates to the completion of only a phase or particular parcels, the release shall pertain solely to the parcel or parcels which have been completed. The Certificate of Performance shall be signed by the appropriate agents of Owner of the affected parcel(s) or phase and the City and shall be recorded in the official records of Riverside County, California. Such Certificate of Performance is not a notice of completion.

14. General.

14.1 Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties. Unless specifically stated to the contrary, the reference to an exhibit by designated letter or number shall mean that the exhibit is made a part of this Agreement.

14.2 Section Headings. All article, section and subsection headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Amendment.

14.3 Singular and Plural. As used herein, the singular of any word includes the plural.

14.4 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

14.5 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

14.6 No Third -Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. Except as expressly provided in this Agreement, no other Person shall have any right to action based upon any provision of this Amendment. Nothing herein shall limit the rights of permitted successors and assigns expressly provided for in this Agreement.

14.7 Recitals; Exhibits. The Parties agree that the Recitals above are true and correct and intend to be bound by same. The Parties further agree to the incorporation by reference herein 84683.001 - 435668.4
30

of said Recitals, together with all definitions provided and exhibits referenced in this Agreement, including in said Recitals.

14.8 Counterparts. This Amendment may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.

14.9 Survival. Notwithstanding anything herein to the contrary, all representations and warranties shall survive the expiration or earlier termination of this Agreement and rights and obligations that have already accrued, including, without limitation, the confidentiality obligations described in Section 14.10 below, and any amounts due and owing shall survive the expiration or earlier termination of this Agreement and shall remain enforceable by the benefited Party.

14.10 Confidentiality. The Parties acknowledge and agree that all trade secret proprietary information provided by Owner to City with respect to the Property are intended to be confidential and City shall not voluntarily report, publish, share, circulate, disseminate or otherwise release to any party, person or entity any or all of those proprietary trade secret confidential matters unless otherwise required to do so by applicable law. If such disclosure is required by applicable law, City shall provide Owner with as much advance notice as practicable of such required disclosure and shall cooperate with Owner to the maximum extent possible to limit the required disclosure and the impact thereof upon Owner. The Parties agree that if the confidentiality provisions contained in this Agreement are breached, the remedy at law may be inadequate, and, therefore, without limiting any other remedy available at law or in equity, an injunction, specific performance or other form of equitable relief, or any combination thereof, shall be available to enforce such obligation. Further, if a petition is filed by a member of the public to gains access to any information not disclosed by City pursuant to this paragraph, Developer shall reimburse City for all its reasonable attorneys' fees, liabilities and attorneys' fees awards against the City, if any, resulting from such petition.
[SIGNATURES FOLLOW]
84683.001 -435668.4
31

CITY:

CITY OF BEAUMONT
By:

Mayor, the City of Beaumont
Attest:

City Clerk of the City of Beaumont
OWNER:

Beaumont Regency AVG, LLC, a Delaware limited liability company By:

Name
Its:
84683.001 -435668.4
S-1

CALIFORNIA 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 California
County of
On
Date
before me,
(Insert Name and Title of the Officer)
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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.

Place Notary Seal and/or Stamp above Signature:

Signature of Notary Public
S-2

CALIFORNIA 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 California
County of
On
Date
before me,
(Insert Name and Title of the Officer)
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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.

Place Notary Seal and/or Stamp above Signature:

Signature of Notary Public
S-3

EXHIBIT "A"

LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
The Property is legally described and depicted consists of two distinct parcels: (1) the Overall Site Parcel and (2) the Major Retailer Parcel.

Overall Site Parcel
The Overall Site Parcel is legally described and depicted in 8 pages attached hereto as Exhibit A-

1. The Overall Site Parcel comprises approximately 17.660 acres of the Property and encompasses all but the Major Retailer Parcel.

Major Retailer Parcel
The Major Retailer Parcel is legally described and depicted in 5 pages attached hereto as Exhibit A-2. The Major Retailer Parcel comprises approximately 12.217 acres of the Property. 84683.001 - 435668.4 Exhibit "A"

EXHIBIT A-1

LEGAL DESCRIPTION AND DEPICTION OF OVERALL SITE PARCEL
84683.001 -435668.4 Exhibit "A-1"

EXHIBIT "A" - LEGAL DESCRIPTION
IN THE CITY OF BEAUMONT COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING LOTS 1 AND 2 OF LOT LINE ADJUSTMENT O1-XXXX RECORDED ,
2025 AS DOCUMENT NO. , TOGETHER WITH LOTS 1 AND 2 OF
LOT LINE ADJUSTMENT 02-XXXX RECORDED , 2025 AS
DOCUMENT NO. , BOTH OFFICIAL RECORDS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, ALL WITHIN SECTIONS 4 AND 5, TOWNSHIP 3 SOUTH, RANGE 1 WEST SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS.•
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SAID LOT LINE ADJUSTMENT 01-XXXX;
THENCE ALONG THE NORTHWEST AND NORTH LINES OF LOTS 1 AND 2 OF SAID LOT LINE ADJUSTMENT 01-XXXX AND LOT 1 OF LOT LINE ADJUSMENT 02-XXXX THE FOLLOWING TWELVE (12) COURSES.•
1) NORTH 6077'11 " EAST 308.92 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 91.00 FEET;
2) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1877'38" AN ARC LENGTH OF 29.06 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HA WNG A RADIUS OF 41.00 FEET A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 0959'02" EAST;
3) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34 54'46" AN ARC LENGTH OF 24.98 FEET;
4) NORTH 2455'44" EAST 25.00 FEET;
5) NORTH 607 7'11" EAST 122.72 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1731.00 FEET;
6) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0430'38" AN ARC LENGTH OF 136.27 FEET;
7) SOUTH 68'45'4 7" EAST 38.79 FEET;
8) NORTH 6142'54" EAST 71.80 FEET;
9) NORTH 2324'50" EAST 37.27 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1736.00 FEET A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 2101'41" EAST; 10) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'47'48" AN ARC LENGTH OF 418.03 FEET;
11) SOUTH 5140'24" EAST 36.97 FEET;
12) NORTH 8559'20" EAST 5.73 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 170.00 FEET A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 83'57'10" WEST; SHEET 1 OF 4
EXHIBIT "A"

LEGAL DESCRIPTION

CITY OF BEAUMONT,, CALIFORNIA
1111 0Engineering, Inc.

Civil Engineering/Land Surveying/Land Planning
160 S. Old Springs Road, Ste. 210
Anaheim Hills, California 92808
(114) 685-6860

EXHIBIT "A" - LEGAL DESCRIPTION
THENCE ALONG THE EAST AND SOUTH LINES OF SAID LOT 1 OF LOT LINE ADJUSTMENT 02-XXXX THE FOLLOWING FOUR (4) COURSES.•
1)
2)
3)
4)
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1772'17" AN ARC LENGTH OF 51.05 FEET;
SOUTH 1109'27" WEST, 37.18 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 270.00 FEET A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 0675'06" EAST• WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1274'37" AN ARC LENGTH OF 57.70 FEET•
SOUTH 7130'17" WEST 402.46 FEET TO THE EAST LINE OF LOT 2 OF SAID LOT LINE ADJUSTMENT 01-XXXX;
THENCE ALONG THE EAST, SOUTH, AND WEST LINES OF LOTS 1 AND 2 OF SAID LOT LINE ADJUSTMENT O1-XXXX THE FOLLOWING TWENTY (20) COURSES•
1) SOUTH 2273'56" EAST, 75.39 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 256.00 FEET;
2) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0432'23" AN ARC LENGTH OF 20.28 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 147.00 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 727827" EAST•
3) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1127'44" AN ARC LENGTH OF 29.41 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 127.00 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 6050'43" WEST; 4) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1377'44" AN ARC LENGTH OF 29.47 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORM/EASTERLY, HAVING A RADIUS OF 174.00 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 7408'27" EAST• 5) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'51'16" AN ARC LENGTH OF 42.07 FEET
6) SOUTH 2942'49" EAST 68.91 FEET;
7) SOUTH 6077'11" WEST 10.00 FEET;
8) SOUTH 29'42'49" EAST 111.35 FEET•
9) SOUTH 1026'03" EAST 297.53 FEET;
10) SOUTH 71'09'54" WEST, 261.73 FEET;
11) SOUTH 53'40'56" WEST, 434.56 FEET•
12) NORTH 6652'07" WEST 11.30 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERL Y, HAVING A RADIUS OF 14.00 FEET•
SHEET 2 OF 4
EXHIBIT "A"

LEGAL DESCRIPTION

CITY OF BEAUMONT,, CALIFORNIA
a� C Engineering, Inc.

Civil Engineering/Land Surveying/Land Planning
160 S. Old Springs Road, Ste. 210
Anaheim Hills, California 92808
(114) 685-6860

EXHIBIT "A" - LEGAL DESCRIPTION
13) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 123'45'13" AN ARC LENGTH OF 30.24 FEET;
14) SOUTH 1037'20" EAST, 9.64 FEET;
15) SOUTH 53'40'56" WEST, 2.78 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 325.00 FEET;
16) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23'37'27" AN ARC LENGTH OF 134.00 FEET;
17) NORTH 3506'00" WEST, 31.11 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERL Y, HAVING A RADIUS OF 700.00 FEET;
18) NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3556'28" AN ARC LENGTH OF 439.10 FEET;
19) NORTH 00'50'27" EAST, 258.73 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 700.00 FEET;
20) NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1200'52" AN ARC LENGTH OF 146.79 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH LOT 2 OF SAID LOT LINE ADJUSTMENT 02-XXXX MORE PARTICULARLY DESCRIBED AS FOLLOWS.•
BEGINNING AT THE NORTHEAST CORNER OF LOT 2 OF SAID LOT LINE ADJUSTMENT 02-XXXX,•
THENCE ALONG THE BOUNDARY LINES OF LOT 2 OF SAID LOT LINE ADJUSMENT 02-XXXX THE FOLLOWING EIGHT (8) COURSES.•
1) SOUTH 8950'37" WEST, 191.08 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1736.00 FEET;
2) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03'14'40" AN ARC LENGTH OF 98.30 FEET;
3) SOUTH 40'20'16" WEST, 38.51 FEET;
4) SOUTH 8559'20" WEST, 5.01 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 221.00 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 8425'22" WEST; 5) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16'44'05" AN ARC LENGTH OF 64.55 FEET;
6) SOUTH 1109'27" WEST, 25.38 FEET;
7) NORTH 89'4521" EAST, 349.57 FEET;
8) NORTH 1026'03" WEST, 122.97 FEET TO THE PANT OF BEGINNING SHEET 3 OF 4
EXHIBIT "A"

LEGAL DESCRIPTION

CITY OF BEAUMONT, CALIFORNIA
1111 0Engineering, Inc.

Civil Engineering/Land Surveying/Land Planning
160 S. Old Springs Road, Ste. 210
Anaheim Hills, California 92808
(114) 685-6860

EXHIBIT "A" - LEGAL DESCRIPTION
CONTAIN/NG.• 17.660 ACRES, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH

THE PROFESSIONAL LAND SURVEYORS ACT
PLS 9303
5/20/2025
JAKE W LAPPERT ' i' / DATE
SHEET 4 OF 4
EXHIBIT "A"

LEGAL DESCRIPTION

CITY OF BEAUMONT,, CALIFORNIA
1111 0Engineering, Inc.

Civil Engineering/Land Surveying/Land Planning
160 S. Old Springs Road, Ste. 210
Anaheim Hills, California 92808
(114) 685-6860

Legal Parcels. dwg; May 20, 2025 4: 47pm
23— 835exh101
23-835 Regency Beaumont
0 N
cc
N O
LEGEND
32 33
4 EXHIBIT "B"

OAK VALLEY PARKWAY
(14TH STREET
- PLAT
I

OFFER OF DEDICATION
REC. XX/XX/2025
DOC. NO. XXXX-XXXXXXX, O.R.

LOT1
LLA NO. 03-XXXX
REC. XX/XX/2025
DOC. NO. XXXX XXXXX
O.R.
'44/g
LOT2
LOT4
05/20/2025
LOT3
A
N

DESCRIPTION AREA
UNDERLYING LOT LINE 400' 200' 0' 400' 800'

CENTERLINE
SECTION LINE GRAPHIC SCALE: 1 INCH = 400 FT
RIGHT-OF-WAY LINE SECTIONS 4 AND 5, T3S., R.1W, S.B.M. SHEET 1 OF 4 EXHIBIT "B"
PLA T

CITY OF BEAUMONT,, CALIFORNIA
ammoEngineering, Inc.

Civil Engineering/Land Surveying/Land Planning
f e 04C e 23GO
160 S. Old Springs had
Suite 210
Anaheim Hills, CA 92808
(714) 685-6860

EXHIBIT "B" - PLAT
Legal Parcels. dwg; May 20, 2025 4: 32pm
23-835exh 101
23-835 Regency Beaumont
0 N
OAK VALLEY PARKWAY (14TH STREET)
577'08'41"E iRADL P.O.B.

NOTE:

SEE SHEET 6 FOR LINE
AND CURVE DATA.
ct II
L
LEGEND
N35'06'00"W 31.11
n
C0
6077'11"E
co
308.921 Cl

OFFER OF DEDICA TION
REC. XX/XX/2025
DOC. NO. XXXX-XXXXXXX, O.R.

SEE DETAIL "A'\
ON SHEET 3
__ NOTE:

DESCRIPTION AREA

CENTER LINE

UNDERLYING LOT LINE
- SECTION LINE
AREA=17.660 AC±
S53'40'56 "W 434.56'
0 0
C2
L2
S24 55'44 "W (RAD)
26173,
S7;0g54>.,
SEE SHEET 4 FOR LINE
AND CURVE DATA. 120' 60' 0' 120'
SEE SHEET 3
SEE SHEET 3
240'
GRAPHIC SCALE: 1 INCH = 120 FT
SHEET 2 OF 4
EXHIBIT "B"
PLA T

CITY OF BEAUMONT,, CALIFORNIA
Engineering, Inc.
160 S. Old Springs had
Suite 210
Anaheim Hills, CA 92808
Civil Engineering/Land Surveying/Land Planning (714) 685-6860 _ !1 A /, _I /1 /1 /, !,

Legal Parcels. dwg; May 20, 2025 4: 37pm
23-835exh 101
k
W
23-835 Regency Beaumont
0 N

OFFER OF DEDICATION
REC. XX/XX/2025
DOC. NO. XXXX-XXXXXXX, O.R.

SEE SHEET 2
S2572'12 "E (RAD)
L2
S68 45'47"E
C3

38.79'
NOTE:

SEE SHEET 4 FOR LINE
AND CURVE DATA. /
i
AREA=17.660 AC±
/ L9
/
Z
� O
zw
SEE SHEET 2
26173'
571.0954W
LEGEND
cc
O
C6
C7
C8

EXHIBIT
77,5
"B" - PLAT
r�101'4i"
DOG N
ti
C9
o 44/
E (RAD) SI,?ee0
"232450 4=13'47'48"R,
LOT r 3727' i?36Oo
•
S8'5>IO,� �Rzi
qp
a
co ....
� \ 53E(R4pJ \ h
'I',rXX�2025
O
S713p'17"ly 402 46'
CO
120'
60 ' 0'
120'

DESCRIPTION AREA
- CENTER LINE

UNDERLYING LOT LINE
- SECTION LINE
Q,q
CS
S615_O6_E (RAD) I
J
LOT1
LLA NO. 03-)000(REC. XX/XX/2025
DOC. NO. XXXX XXXXXXXX,
O.R.
h
SEE SHEET 4
240'
GRAPHIC SCALE: 1 INCH = 120 FT
SHEET 3 OF 4
EXHIBIT "B"
PLA T

CITY OF BEAUMONT,, CALIFORNIA
Engineering, Inc.
160 S. Old Springs had
Suite 210
Anaheim Hills, CA 92808
Civil Engineering/Land Surveying/Land Planning (714) 685-6860 _ !1 A 7 _I /1/1/+!1
or

EXHIBIT "B" - PLAT
Legal Parcels. dwg; May 20, 2025 4: 38pm
23-835exh 101
23-835 Regency Beaumont
0 N
SEE SHEET 3
OAK VALLEY PARKWAY (14TH STREET)
S842522 "W (RAD) P.O.B.
1 1
P\o
S3 24'03"EJRAD2 TOGETHER WITH PORTION
d=3'14'40" S8950'37"W 191.08'
R=1736.00'
L=98.30'
S85 59'20 "W 5.01
!� 4072
o°4,c /%-c_4,-
�2O�S
AREA=17.660 AC±
S1109'27"W 25.38'
60 30' 0'
N89 45'21 "E 349.57'
60' 120'
GRAPHIC SCALE: 1 INCH = 60 FT
LEGEND
LOT1
LLA NO. 03-XXXX
REC. XX/XX/2O25
DOC. NO. XXXX XXxx (XXX, O.R.

LINE TABLE
LINE

BEARING

DISTANCE
L1
N24 55'44 "E

25.00'
L2
N60'17'11 "E
122.72'
L3
N61'42'54"E

71.80'
L4
S5140'24 "E

36.97'
L5
N8559'20"E

5.73'
L6
S1109'27"W

37.18'
L7
S22'13'56 "E

75.39'
L8
S29 42'49 "E

68.91'
L9
S6077'11 "W

10.00'
L10
S40 20'16 "W

38.51'

DESCRIPTION AREA

UNDERLYING LOT LINE

RIGHT-OF-WAY LINE

CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
Cl
18'17'38"

91.00'

29.06'
C2
3454'46"

41.00'

24.98'
C3
4'30'38"
1731.00'
136.27'
C4
1772'17"
170.00'

51.05'
C5
12'14'37"
270.00'

57.70'
C6
432'23"
256.00'

20.28'
C7
1127'44"
147.00'

29.41'
C8
137 7'44 "
127.00'

29.47'
C9
13'51'16"
174.00'

42.07'
C10
23'37'27"
325.00'
134.00'
C11
16'44'05"
221.00'

64.55'
SHEET 4 OF 4
EXHIBIT "B"
PLA T

CITY OF BEAUMONT, CALIFORNIA
Engineering, Inc.
160 S. Old Springs had
Suite 210
Anaheim Hills, CA 92808
Civil Engineering/Land Surveying/Land Planning (714) 685-6860 _ r, A _I /1/1/' !\
VIN

EXHIBIT A-2

LEGAL DESCRIPTION AND DEPICTION OF MAJOR RETAILER PARCEL 84683.001 - 435668.4 Exhibit "A-2"

EXHIBIT "A" - LEGAL DESCRIPTION
IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING LOT 1 OF LOT LINE ADJUSTMENT 03-XXXX RECORDED , 2025 AS
DOCUMENT NO. , OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALL WI THIN SECTION 4, TOWNSHIP 3 SOUTH, RANGE 1 WEST SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS.• BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 1;
THENCE ALONG THE BOUNDARY LINES OF SAID LOT 1, THE FOLLOWING TWENTY-ONE (21) COURSES.•
1) SOUTH 2273'56" EAST 75.39 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 256.00 FEET;
2) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0432'23" AN ARC LENGTH OF 20.28 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 147.00 FEET A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 727827" EAST;
3) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1127'44" AN ARC LENGTH OF 29.41 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 127.00 FEET A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 60'50'43" WEST; 4) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 137 7'44" AN ARC LENGTH OF 29.47 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 174.00 FEET A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 7408'27" EAST; 5) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1351'16" AN ARC LENGTH OF 42.07 FEET;
6) SOUTH 29'42'49" EAST 68.91 FEET;
7) SOUTH 607 7'11 " WEST 10.00 FEET;
8) SOUTH 2942'49" EAST 111.35 FEET;
9) SOUTH 1026'03" EAST 297.53 FEET;
10) NORTH 71'09'54" EAST 61.32 FEET;
11) NORTH 762225" EAST, 568.89 FEET;
12) NORTH 80'50'43" EAST, 132.64 FEET;
13) NORTH 1026'03" WEST 614.21 FEET;
14) SOUTH 89'45'21" WEST 349.57 FEET;
15) NORTH 1109'27" EAST 25.38 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 221.00 FEET;
SHEET 1 OF 2
EXHIBIT "C"

LEGAL DESCRIPTION

CITY OF BEAUMONT,, CALIFORNIA
1111 0Engineering, Inc.

Civil Engineering/Land Surveying/Land Planning
160 S. Old Springs Road, Ste. 210
Anaheim Hills, California 92808
(114) 685-6860

EXHIBIT "A" - LEGAL DESCRIPTION
16) NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 44'05" AN ARC LENGTH OF 64.55 FEET;
17) SOUTH 8559'20" WEST 51.02 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 170.00 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 8357'10" WEST; 18) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17'12'17" AN ARC LENGTH OF 51.05 FEET;
19) SOUTH 1109'27" WEST, 37.18 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 270.00 FEET A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 0675'06" EAST; 20) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'14'37" AN ARC LENGTH OF 57.70 FEET;
21) SOUTH 7130'17" WEST, 402.46 FEET TO THE POINT OF BEGINNING.

CONTAINING: 12.217 ACRES, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT "B" ATTACHED
PART HEREOF.

THIS DESCRIPTION WAS PREPARED BY ME OR

THE PROFESSIONAL LAND SURVEYORS ACT

JAKE W LAPPERT
PLS 9303

HERETO AND BY THIS REFERENCE MADE A

UNDER MY DIRECT/ON IN CONFORMANCE WITH
SHEET 2 OF 2
EXHIBIT "C"

LEGAL DESCRIPTION

CITY OF BEAUMONT,, CALIFORNIA
1111 0Engineering, Inc.

Civil Engineering/Land Surveying/Land Planning
160 S. Old Springs Road, Ste. 210
Anaheim Hills, California 92808
(114) 685-6860

LEGEND
EXHIBIT "B" - PLAT
32 33
4 DESCRIPTION AREA

OAK VALLEY PARKWAY
(14TH STREET
OFFER OF DEDICA 770N
REC. XX/XX/2025
DOC. NO. XXXX-XXXXXXX, O.R.

R
LOT 1 �Oc /fro .

LLA NO. 03X1000
REC. XX/XX/2025
DOC. NO. XXXXXO(X)OO(X,
O.R.

LOT2
LOT4
LOT3
05/20/2025
UNDERLYING LOT LINE 400' 200' 0' 400' 800'

CENTERLINE
- - SECTION LINE GRAPHIC SCALE: 1 INCH = 400 FT
RIGHT-OF-WAY LINE SECTION 4, T3S., R.1W, S.B.M. SHEET 1 OF 3 EXHIBIT "D"
PLA T

CITY OF BEAUMONT,, CALIFORNIA
aO0RcEngineering, Inc.

Civil Engineering/Land Surveying/Land Planning
f e 0C2 of `\3C/3
160 S. Old Springs Road
Suite 210
Anaheim Hills, CA 92808
(114) 685-6860

a
oo
6(3
Legal Parcels. dwg; May 27, 2025
23— 835exh107

O
ai
U
L
O
w
23-835 Regency Beaumont
0 N

OFFER OF DEDICATION
REC. XX/XX/2025
DOC. NO. XXXX-XXXXXXX, O.R.

EXHIBIT "B"
LOT1
P.O.B. LLA NO.02-XXXX S8357'10"W (RAD) i
REC. XX/XX/2025 L6_
DOC. NO. XXXX XXxKXXXX, O.R.
57130'17"W 402.46'
C5
S6'15'06"E (RAD) J
C6
N72y8, ,
7F (oft)
CS /1/71701172"
71 �8�ry �j
C9 E (P/i).9
L9
N
W
N
LEGEND
N7109'54 "E 61.32'
- PLAT
L i/
OAS
v4ZZer P,4R
¢TH STS'e 't1 '4%
5842522„
�,0,4pJ
2�E LOT2

25.38'
S89.45. ,
l?/ 349,
LOT1
LLA NO. 03 XXXX
REC. XX/XK/2025
DOC. NO. XXXX-XXXX %XX, O.R.

AREA=12.217 AC±
NOTE:

SEE SHEET 3 FOR LINE
AND CURVE DATA.

DESCRIPTION AREA

UNDERLYING LOT LINE

CENTERLINE

RIGHT-OF-WAY LINE
N76 22'25'E 568.89'
N8050 '43"E
132.64'
240'
GRAPHIC SCALE: 1 INCH = 120 FT
SHEET 2 OF 3
EXHIBIT "D"
PLA T

CITY OF BEAUMONT, CALIFORNIA
AnnaEngineering, Inc.

Civil Engineering/Land Surveying/Land Planning
fe 3C3e 23OJ
160 S. Old Springs had
Suite 210
Anaheim Hills, CA 92808
(714) 685-6860

EXHIBIT "B" - PLAT
oo
6(3
Legal Parcels. dwg; May 27, 2025
23— 835exh107

O
ci
ci
U
L
O
23-835 Regency Beaumont
0 N

LINE TABLE
LINE

BEARING

DISTANCE
L6
S11O9'27"W

37.18'
L7
S22'13'56 "E

75.39'
L8
S29 '42'49"E

68.91'
L9
S6O77'11 "W

10.00'
L11
S8559'2O"W

51.02'

CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
C4
17'12'17"
170.00'

51.05'
C5
1274'37"
270.00'

57.70'
C6
4'3223"
256.00'

20.28'
C7
1127'44"
147.00'

29.41'
C8
13'17'44"
127.00'

29.47'
C9
/3'51'16"
174.00'

42.07'
C11
16'44'05"
221.00'

64.55'
SHEET 3 OF 3
EXHIBIT "D"
PLA T

CITY OF BEAUMONT, CALIFORNIA
1161140 Engineering, Inc.
160 S. Old Springs had
Suite 210
Anaheim Hills, CA 92808
Civil Engineering/Land Surveying/Land Planning (714) 685-6860 _ nr A _I nn nn

EXHIBIT "B"

EXISTING PROJECT APPROVALS
A. Plot Plan Approval PP2024-0059 permitting a 279,941 square foot community retail site on 28.95 acres consisting of eight parcels of land, providing for construction of one nationally recognized major retailer, one nationally recognized grocer, and nationally recognized restaurants.

B. Parking Variance No. V2024-0019 reducing the parking spaces required by Section

17.05.040 of the Beaumont Municipal Code.

C. Open Space Variance No. V2025-0031 reducing the required commercial open space as required by Section 17.03.080.G.6 of the Beaumont Municipal Code.

D. Master Sign Program Plan No. 2024-0157 authorizing one Freeway Pylon Sign, one Digital Display Sign, two Project Pylon Signs, and two Monument Signs subject to discretionary approval by any external agencies with discretionary review.

E. Environmental Assessment No. ENV2025-0002 and the Mitigation Monitoring and Reporting Program (MMRP) associated therewith to satisfy the requirements of the California Environmental Quality Act.

F. Development Agreement No. XX as approved by Ordinance No. XX.

G. City Council approval of Digital Display identified in Exhibit B-1, provided that Owner shall be required to separately obtain a sign permit approval from the City of Beaumont Planning Commission under Beaumont Municipal Code Chapter 17.07. Owner shall be solely responsible to secure any approval required of any other agency including but not limited to Cal Trans under the California Outdoor Advertising Act or implementing regulations for the Digital Display prior to erecting it. Owner shall indemnify, defend and hold harmless the City from and against any costs, expenses or liabilities including reasonable attorneys' fees incurred by City as a result of any claim that Owner failed to comply with the Outdoor Advertising Act.
84683.001 -435668.4
Exhibit "B"

EXHIBIT "C"

DEVELOPMENT FEES IN EFFECT AS OF EFFECTIVE DATE

DEVELOPMENT IMPACT FEES FOR COMMERCIAL DEVELOPMENT
Fees Effective on July 1, 2025 and January 1, 2026
City Development Impact Fee
Fee Basis
7/1/2025
Fee
1/1/2026
Fee
Emergency Preparedness Fee
Fire Protection Facilities Fee
Square Foot
Square Foot
General/Advanced Planning Impact Square Foot
Police Facilities Fee
Public Facilities Fee
Railroad Crossing Impact Fee
Recycled Water Facility Fee
Sewer C.aracity Fee
Commercial (Low Strength)
Commercial (Medium Strength)
Commercial (High Strength)
Sewer Facilities Fee
Square Foot
Square Foot
Square Foot
Square Foot
Square Foot
Square Foot
Square Foot
Square Foot
Storm Drain Facilities Impact Fee Square Foot
Streets & Bridges Impact Fee
Square Foot
$0.042
$0.360
$0.014
$4.270
$0.150
$2.514
$0.140
$0.900
$1.020
$2.060
$0.250
$0.010
$10.744
$0.002
$0.430
$4.410
$4.354
$4.160
$4.240
$0.140
$0.940
$1.050
$2.190
$0.310
$0.020
$15.050
84683.001 -435668.4
Exhibit "C"

EXI-IIBIT "D"

OFFSITE TRAFFIC IMPROVEMENTS

1. Oak Valley Parkway Roadway Improvements. Complete the following roadway improvements all in accordance with the Conditions of Approval for the Project:
a. Dedicate necessary right-of-way and construct street, curb, gutters, medians, sidewalks, driveway approaches, and access ramps along Oak Valley Parkway. b. Mill and overlay along the existing portion of Oak Valley Parkway from street centerline and/or edge of raised median to edge of pavement, coincident with the project boundary and extending beyond the project boundary to the end of the lane reduction, approximately 700 -feet east of Oak View Drive centerline and also being the east property line of parcel identified as APN 414-070-008. The overlay is to be applied after all other construction has occurred. Construct full AC/AB section in accordance with City standards for new widened portion of Oak Valley Parkway. c. Install signage, striping and pavement markings in Oak Valley Parkway. d. Install streetlights, pull boxes and conduit along Oak Valley Parkway per approved Conditions of Approval for the project.
e. Install median and parkway landscaping/irrigation along Oak Valley Parkway.

2. Dry Utilities. Underground or relocate SCE, phone, and other overhead utility lines along the Oak Valley Parkway frontage per approved Conditions of Approval for the Project.

3. Wet Utilities. Construct, reconstruct, or relocate sewer, water, storm drain, fire service, or others as necessary to facilitate the Off -Site Traffic Improvements all in accordance with the Conditions of Approval for the Project.

4. Traffic Signals and Intersection Improvements. Complete the following traffic signal installations or modifications and intersection improvements all in accordance with the Conditions of Approval for the Project:
a. Installation of a traffic signal at the intersection of Desert Lawn Drive and Oak Valley Parkway.

Exhibit "D"