Beaumont City Council
August 19, 2025

ATTACHMENT 1
(RECIPIENT APPLICATION FOR FUNDING)
Attachment 1
17336.00005\41471305.2

Questionnaire Tab
Email address:

Project Name:
[email protected]
City of Beaumont Bicycle and Pedestrian Master Plan Update/Action Plan Has this Project been previously awarded in a past SB 821 Cycle? 0 No
Yes, in 19-20 FY Cycle
Yes, in 21-22 FY Cycle
Yes, in 23-24 FY Cycle
Lead Agency: Beaumont
Memorandum of Understanding
By October 1, 2025, awardees will execute the Project MOU with the Commission. To streamline the process, please provide the name and contact information or the individual who will be the signatory on the MOU.

This is typically the City Manager, City Engineer, or Public Works Director.

MOU Signatory *
Elizabeth Gibbs
Email address: *
[email protected]
Title: *
City Manager
Project Contact Person
Provide contact information for Projects contact person. This could be the Public Works Director, the Project Manager, or other City/County Staff.

Project Contact is the same as current user
Project Contact Person: * Title: *
Robert Vestal Public Works Director
Email address: *
[email protected]
Project Overview
Project Type (check all that apply) *
Bicycle Project
Phone Number: *
(951) 572-3231
Pedestrian Project Multi -use Trail Project O Non-Infrastructure/Plan Project Locate in a Disadvantage Community, per SB-535? * Yes
No
O Partial
Does the proposed project include any of the following (check all that apply)? * Curb
Gutter
Driveway Ramp
Q Project does not include any of the above

Project Application Tab
Project Number: 000208 Agency: Beaumont
Project Type: Non-Infrastructure/Plan
Project Name: City of Beaumont Bicycle and
Pedestrian Master Plan Update/Action Plan
Status: Submitted To RCTC
A. Scope of Work (500 Characters)
The proposed Scope of Work, and various supporting tasks, will be utilized to support the City of Beaumont's Bicycle and Pedestrian Connectivity Master Plan Update and includes,
(1) Project Management/Administration/Bicycle Pedestrian Advisory Committee; (2) Consultant Procurement; (3) Community Engagement; (4) Review Existing Conditions; (5) Review of Existing Plans and Policies; (6) Draft Final Bicycle and Pedestrian Master Plan Update; (7) Council Review /Approvals; and (8) Project Closeout
B. Funding
Enter the project costs for PA/ED, PS&E, ROW, Construction and Local Match in the fields provided below. The gray fields contain formulas that will calculate the Total Project Cost, SB 821 Request, and the Percentage Splits. 10% Programming Cap: S727,986.30 20% Programming Cap: $1,455,972.60 PA & ED:

PS & E:

ROW:

Construction:

Administration:

Total Project
Cost:
273,000.00
66,649.00
339,649.00
Local Match:

SB 821
Request:

Agency
91,249.00
248,400.00
Split %
27%
73%
100%
Local Match:

SB 821
Request:

RCTC
91,249.00
248,400.00
Split %
27%
73%
100%

C. Schedule
For completed phases, provide supporting documentation such as copies of environmental clearance, title sheet of 100% plans with engineer's stamp, or right of way clearance and attach in section J.

PA & ED:

PS & E:

ROW:

Construction:

Close out:

Start
//
10/01/2025
10/01/2027
End
//
10/01/2027
12/03/2027
D. Project Background & Project Description
Describe the project background and the existing conditions of the larger project area and or project vicinity.

Discussion can include background information on current roadway configuration, missing bike and pedestrian facilities, and importance of project to local active transportation users. If possible, upload photographs of existing conditions.

Describe the project in its entirety. Include the purpose and need, benefit, and location of the project. Provide a map showing existing and proposed project improvements. If available, upload typical cross -sections showing vehicular lane widths, active transportation facilities width, and any landscaping or lighting features in section J.

Project Background
On November 17, 2020, the City of Beaumont City Council finalized and adopted its 2040 Beaumont General Plan Update. The 2040 General Plan U p was developed with significant community engagement, including in -person interactions at traditional and pop-up workshop events, newslet ters and a variety of online activities, including the creation of a dedicated project website ( www.elevatebeaumont.com) that served as the pri mary forum in which project updates, survey results, meeting materials, announcements, and other related information were provided in bilingu al formats.

The 2040 General Plan Update also included a series of Guiding Principles that would be used to support how the community would grow in the f uture. Two of these Guiding Principles, Quality of Life Provided by Efficient and Muli-Modal Transportation, and Health and Safety, both speak to t he importance of having a "well -designed transportation system that supports walking, biking, and public transit that can enhance access to c ommunity resources" as well as the need to promote "safe and easy access to key community destinations for all members of the community - seniors, youth, people with disabilities, and the financially disadvantaged - and proactively address obstacles to accessing schools, parks, heal thy food, jobs, housing, and health care.

Included in the 2040 General Plan Update is Chapter 4, Mobility Element that balances modal priorities and the importances of developing a mut i-modal transportation network that addresses the safe and efficient operation, maintenance, and management of the city's circulation networ k. Similar mobility -supportive measures were also incorporated throughout the General Plan, including Land Use, Community Design, Health, Equ ity, Environmental Justice, and Public Facilities and Infrastructure Elements, among others.

The goals and policies outlined in Chapter 4 of the Mobility Element were developed to ensure that streets within the community would be review ed through a "complete streets" lens - meaning that all streets should provide accessible mobility options for users of all ages and abilities. Thes e supporting goals and policies include, but not limited to, Complete Streets/Goal 4.2, "that supports the development of a comprehensive netw ork of complete streets throughout the city that provides safe, efficient, and accessible connectivity for users of all ages and abilities", and Goal 4 .3, "that envisions a healthy transportation system that propgtp ,,arxUr 5ox&s eaLe8trian, bicycle, and vehicle safety in Beaumont".

Finally, the Mobility Element includes a series of implementation strategies; specifically, M4 Bicycle and Pedestrian Plan, which identifies the need to update the City's Bicycle and Pedestrian Connectivity Plan with a focus on connectivity to transit, neighborhood centers, and schools while ide ntifying state -of -the -practice techniques for improving community connectivity, accessibility, and safety.

Project Description
In accordance with the City of Beaumont's 2040 General Plan Update's Mobility Element, the City is seeking SB821/TDA Article 3 funding that woul d be used to fund a Bicycle and Pedestrian Connectivity Master Plan Update and supporting Action Plan (the Project). The Project will serve as a continuation of the City's efforts to address the variety of mobility needs of the community by providing safe and convenient opportunities to eng age in different forms of active transportation regardless of an individual's abilities. The Project's goal is to not only update the City's 2011 Bicycle and Pedestrian Plan but also increase the effectiveness and safety of the City's overall transportation network by diversifying the level of mobility options available within the community. Improving the overall efficiency of the City's transportation network also supports other efforts to revitali ze Downtown and expand economic development, increase transit ridership, and improve air quality while increasing access to employment, ed ucation, medical services, recreational and cultural centers, and other essential serves and/or facilities by developing a multimodal transportati on network that encourages individuals to walk, ride a bicycle, and/or use public transportation.

These goals are also consistent and supportive of the Goals, Objectives, and Strategies contained in the Western Riverside Council of Governme nts Active Transportation Plan and Riverside County's Climate Action Plan, including establishing a regional network of bicycle and pedestrian fa cilities through prioritization of local projects, enhance safety, remove barriers to access and correct unsafe conditions, provide active transport ation modes as affordable options to reduce harmful emissions and vehicle miles travelled, address public health by design and infrastructure t hat encourages residents to us active transportation, and foster healthy, equitable, and economically vibrant communities where all residents h ave greater transportation choices and access to key destinations through cohesive land use and transportation decisions.2 To achieve these outcomes, the City will create a Bicycle and Pedestrian Advisory Council (BPAC) who would assist the City in developing a com munity-lead visioning and planning process that identifies the priorities and the types of future active transportation policies and investments n eeded to improve community connectivity, accessibility, and safety that will result in an increase in the number active transportation trips made by the community. The BPAC will, along with City staff, will serve as the conduit between the community and the Consultant who would be retain ed by the City to develop the Bicycle and Pedestrian Connectivity Master Plan Update (BPCMPU). The Consultant, who will possess a strong bac kground in transportation and community engagement, will be responsible for facilitating discussions with the community through in person an d virtual works shops, surveys, pop up, and other community events. Information regarding the BPCMPU will be provided in bilingual and ADA co mpliant formats. A dedicated website will be established in which community members can access information, updates, surveys, etc. This infor mation will also be provided through a variety of social media platforms and outlets.

In addition, the Consultant will also review all relevant documents, policies, and plans to ensure that any recommendations do not conflict with t he City's General Plan, Mobility Elements, land use policies, Short Range Transit Plans, origin and destination studies, etc. The Consultant will also review similar plans or policies being considered or adopted by other local or regional public agencies and are inconsistent with any applicable regulations or requirements.

Once the community outreach efforts have been concluded, and the review of all relevant plans and policies completed, the Consultant will then be tasked to begin developing a draft BPCMPU and Action Plan The draft BPCMPU will then be presented to the community using many of the so me outreach efforts used to identify needs and priorities (e.g. web site, community workshops). Periodic updates to the Beaumont City Council will also be provided during this period.

A draft BPCMPU, including a draft Action Plan, will then be presented to the City's BPAC during which time the community will also be given an op portunity to provide additional input. Revisions may be warranted based on additional community and/or BPAC feedback. The Consultant will t hen prepare a final draft BPCMPU that will be presented to the BPAC, who will determine whether the final draft BPCMPU should be recommende d to the Beaumont City Council for approval.

Once approved by the BPAC, the final draft BPCMPU will be placed on a future Beaumont City Council meeting agenda during which time the Co nsultant will be present a summary of findings and recommendations, and a request by City staff to adopt the BPCMPU. The recommendations and supporting Action Plan will be subsequently incorporated into applicable City policies, capital improvement priorities, regional transportatio n plans, and used to support future funding opportunities.

E. Destinations Served (2 points for each destination served, max 14 points) Briefly summarize and list all the types of destinations served by the proposed project. Provide a project vicinity map identifying all the destination types served by the proposed project within a 1/2 mile or a 1 -mile radius. Destination types are schools or higher education facilities, commercial centers, municipal or any other civic centers, medical facilities, restaurants and recreational centers.

For pedestrian projects, each type of destination needs to be within 1/2 mile radius to be eligible. For bicycle or multi- use trail projects, each type of destination needs to be within a 1 -mile radius. Each destination type served will receive 2 points.

On the map, provide a 1/2 mile buffer or a 1 -mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points.

Destinations Served
It is anticipated that, as was the case with the 2011 Bicycle and Pedestrian Connectivity Plan, that streets such as Beaumont, Palm, Pennsylvania, Highland Springs Avenues, Oak Valley Parkway, Starlight Drive, as well as streets located in and around Downtown Beaumont, will likely serve as primary multimodal transportation corridors (See City of Beaumont Bicycle and Pedestrian Priority Network Map). A review of fixed route service s shows that many of these streets are also served by Beaumont Transit, which in turn provides an excellent opportunity to further integrate bicy cle and pedestrian improvements along and/or adjacent to these corridors (See City of Beaumont Transit Route Map). These destinations inclu de, but not limited to, San Gorgonio Hospital, Walmart, Downtown Beaumont including Beaumont City Hall, Civic Center, and Beaumont Library, Al bert A Chatingy Recreation/Senior Center, Stewart Park, Noble Creek Regional Park, Beaumont High School and middle schools, as well as large employment center (e.g., Amazon Distribution Center) located south of Downtown Beaumont (See City of Beaumont Destination Map) It is impor tant to note that the neighborhoods located in and around Downtown Beaumont (Census Tract 6065044000) are recognized as a SB535 Disadv antaged Communities as well as a CalEnviroScreen 4.0 Top 25% neighborhood with a cumulative score of 85.39.

F. Safety (max 15 points)
Describe the extent to which the proposed project will increase safety for the non -motorized public or how the project will reduce the number of non -motorized fatalities and serious injuries.

Points (5) will be given on the severity of the existing safety hazard at the project location to demonstrate project need.

Include information about project characteristics such as: no existing shoulder within project limits, no existing/planned sidewalk or bikeway adjacent to the project, etc. Applicants may wish to consider including documented pedestrian/bicycle collision or injury history, most current and valid 85th percentile speed of motorized traffic in project limits, photos of existing safety hazards the project will address, existing pedestrian/bicycle traffic counts, student attendance figures for school served by project. Additionally generate a collision heat map for the project site using collision data from the last ten years. Heat map can be generated using the ATP Maps & Summary interface from TIMS ( https://tims.berkeley.edu/) or Crossroads. Upload map in section J.

Points (5) will be given for safety countermeasures or safety enhancement features included in the project scope. Provide an explanation of how each countermeasure will improve safety for bicyclists and pedestrians.

Examples of acceptable safety countermeasures and enhancements include rectangular rapid flashing beacons, bicycle boxes, and curb extensions. (see https://safety.fhwa.dot.gov/provencountermeasures/) . The use of countermeasures not appearing on the FHWA list of proven countermeasures must include a detailed description of why the countermeasure is needed and how it will improve safety for non -motorized travel.

Points (5) will be given based on the potential of the proposed project to provide safety benefits to the non —motorized public. Applicant should draw from responses in the prior safety sections. Discuss the considerations made when evaluating and determining the type of bicycle or pedestrian facility for the project corridor. Why was Class I selected over Class IV, why was Class II considered over Class III?
Safety
Improving community safety is an important outcome associated with the Project. According to data provided UC Berkely's Transportation Injur y Mapping System (TIMS) the number of pedestrian and bicycle related injuries that occurred within the city of Beaumont between 2018 and 2022 have increased by 23% and 44% respectively, with a total of 56 pedestrian and bicycle related incidents, including five fatalities, of which approxi mately 30% of all bicycle and pedestrian incidents involved young people 18 years old or younger. The increase in pedestrian and bicycle -relate d incidents could be associated with changes in travel patterns and the mode shifts that occurred during and post pandemic periods. Accordi ng to the Beaumont Transit Short Range Transit Plan, "health concerns during the pandemic caused a surge in demand for alternative modes of transportation including bicycles, and electric scooters as these allow for social distancing. It is expected that some passengers will continue to utilize these modes of transportation as they are free to travel at any time and do not need to adhere to a bus schedule." In addition, recent rider ship surveys show that youth passengers make up approximately 54% of Beaumont Transit's total passenger base. It is important to note that B eaumont High School Cross Country and Track Team coaches have recently expressed the importance for improved crosswalks, lighting, and of her pedestrian safety related improvements as the Beaumont High School Cross County Team, which consists of 70 student athletes, regularly ru ns routes along city streets.

Therefore, the Project will include an Action Plan that will contain specific recommendations, policies, strategies, and capital improvement proje cts that are best suited for the built environment and the conditions and/or capacity that currently exists with an emphasis on safe routes to sch ools. These recommendations will also be consistent with the needs and priorities of the community. As noted in the City's 2040 General Plan Up date, these recommendations will be viewed through a "complete streets" lens. Therefore, the type of improvements envisioned would include d edicated bike lanes, lighting improvements, traffic calming measures, lower speed limits, high visibility crosswalks, and enhanced signing and p avement markings.

G. Multimodal Access (1 point each, max 6 points)
In a project vicinity map, identify all the bus routes, Metrolink stations, park -and -ride facilities, bicycle lanes, sidewalks or crosswalks improved by the proposed project within a 1/2 mile or a 1 -mile radius.

For pedestrian projects, these amenities need to be within 1/2 mile radius to be eligible. For bicycle or multi -use trail projects, amenities need to be within a 1 -mile radius. Each amenity will receive 1 point.

On the map, provide a 1/2 mile buffer or a 1 -mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points. Upload map in section J.

Below, discuss how the project along with its nearby amenities encourage multi-modalism. Briefly summarize and list all the bus stops, Metrolink Stations, park -and -ride facilities, missing bicycle or sidewalks, or crosswalks enhanced by the proposed project and indicate if the items are existing or planned.

Multimodal Access
As referenced previously, one of the key outcomes of the Project will be the ability to identify and implement opportunities that can be used to im prove access to public transit via walking or riding a bike. This is due to the fact that Beaumont Transit already operates fixed route transit servic es along several of the existing key transportation corridors (Routes 3, 4, 7, and 9) that will also serve as the backbone of the BPCMPU These rout es also connect to two commuter services (Commuter Link 120 and 125A) that provide residents with access to employment, medical, and retail services located in the cities of San Bernardino, Redlands, Loma Linda.

Identifying and addressing barriers that currently limit community members from safely walking or biking due to gaps in sidewalks, bike lanes, cr osswalks, will be an outcome of the Project. The Project will also be used to support ongoing efforts by Beaumont Transit to increase ridership by providing "first mile/last mile" solutions, which in turn, will increase transit ridership through improved multimodal connectivity while reducing veh icle miles travelled and associated emissions. Enhancing the community's ability to use public transit services safely and conveniently is especia Ily important for underserved communities who may not or cannot own an automobile. Finally, an increase in active transportation helps the bro ader community by creating a transportation system that is more efficient, sustainable, and safer for all users.

H. Matching Funds (max 10 points)
10% Programming Cap: $727,986.30
Local Match:

SB 821 Request:

Agency
91,249.00
248,400.00
20% Programming Cap:
$1,455,972.60
Split %
27%
73%
100%
Match Points

5.40 Match % Points
50% 10
45% 9
40% 8
35% 7
30% 6
25% 5
20% 4
15% 3
10% 2
5% 1
0% 0

l. Population Equity (max 5 points)
Agency: Beaumont
Population Equity Points

4.00 J. Attachments
Upload attachments indicated from previous sections.

Title
Document Type
TIMS_ATP_Riverside_Beaumont_2025_04_01 (1).pdf
Safety Project Map
SB 535 and CalEnviroScreen 4.0 Maps.pdf
Destinations Served Project Map
City of Beaumont Destination Map.pdf
Destinations Served Project Map
City of Beaumont Fixed Route Transit Services.pdf Multimodal Access Project Map Beaumont Bicycle and Pedestrian Priority Network Map.pdf Project Background & Project Description Map
City of Beaumont Transit Priority Map.pdf Project Background & Project Description Map
Facilities Map - Bicycle and Pedestrian Facilities Program.pdf Destinations Served Project Map Beaumont Chamber of Commerce Ltr of Support.pdf Project Background & Project Description Map
Letter of Support - City of Beaumont's Bicycle and Pedestrian Connectivity Master Plan Project Background & Project Description Update.docx Map
Beaumont BPMP Update Scope of Work_Action Plan.docx Project's Engineers Estimate City of Beaumont LOS - S.San Martin 04-22-2025.pdf Project Background & Project Description Map
Beaumont Draft Budget_Schedule 4.23.2025.xlsx Project's Engineers Estimate Beaumont In Kind Match Costs 4.23.2025.xlsx Project's Engineers Estimate City of Beaumont Approved Rates 2023-24.pdf Project's Engineers Estimate BMT Cross Country and Track Copy.pdf Project Background & Project Description Map
Beaumont Unified School District LOS.pdf Project Background & Project Description Map
Match Committment Letter.pdf Commitment to Local Match

K. Certification
o I certify that the information presented herein is complete and accurate.

Name: Bruce Rudd
Date: 04/24/2025
Title: Senior Management Analyst

04/01/2025 TIMS - Transportation Injury Mapping System
ATP Maps & Summary Data
The tool is designed to support the California Active Transportation Program (ATP), as well as active transportation users and practitioners throughout California. The tool utilizes interactive crash maps to allow users to track and document pedestrian and bicycle crashes and generate data summaries within specified project and/or community limits.

Step 1: Select a County/City, Bike/Ped, Severity, and Years County: Riverside
City: Beaumont
Include 1 mile buffer outside of selected County/City: No Include State Highway Related Crashes: Yes
Involved With: Pedestrian and Bicycle
Crash Severity: Fatal, Severe Injury, Other Visible Injury, and Complaint of Pain Year: 2018 - 2022
Crash Summary for initial parameters defined above:

Number of Crashes by Crash Severity
Involved With Fatal Severe Injury Visible Injury Complaint of Pain Total Bicycle
1 5
15 5
26 Pedestrian
5 6
11 10
32 https://tims.berkeley.edu/tools/atp/

17 04/01/2025 TIMS - Transportation Injury Mapping System County/City Heat Map
Step 2: Identify your project area to develop a more localized Community Heat Map
Select the size of your proposed project limits: Between 3 and 10 miles across. •
ke Ferris
https://tims.berkeley.edu/tools/atp/

04/01/2025 TIMS - Transportation Injury Mapping System
Community Heat Map:

Step 3: Draw the project boundaries to get detailed crash data summaries and map
The heat map intensity
scale is custom
generated for the
selected community.
https://tims.berkeley.edu/tools/atp/

3i7

04/01/2025 TIMS - Transportation Injury Mapping System
Project Area Crash Map: 57 total crashes.

Step 4: Review the project -specific crash map
Galimesa
S rfi P•,rnH ftl*n County LinoRd
fFInE
Myrtlewood ❑r
https://tims.berkeley.edu/tools/atp/

4i7

04/01/2025 TIMS - Transportation Injury Mapping System
Step 5: Review the crash summary data, graphs and tables provided.

Summary Results
Involved With Fatal Severe Injury Visible Injury Complaint of Pain Total Bicycle
1 5
15 5
26 Pedestrian
4 6
11 10
31 Pedestrian Crashes Annual Growth (23% per year)
24096
No of Crashes
No. of Crashes
9 6
3 o
12 9
6 201$
•
2019 2020
2021 2022
No_ of Crashes Annual Growth Rate
Bi€y►cle Crashes Annual Growth 44% per year)
2018
2019 2020
i
202`. 2022
• No. of Crashes - Annual Growth Rate
160%
809,
096
-8o96
24096
16096
80916
096
8096
a1.ad yR.MOJE Ianuu1
DTErd ylnaOJE [anuuy
https://tims.berkeley.edu/tools/atp/

04/01/2025 TIMS - Transportation Injury Mapping Systcm
Crash List
CASE ID Date
Time Primary Rd
90651478 01/20/2018 05:52
8560535 02/01/2018 20:36
8581684 02/26/2018 15:12
8610509 04/01/2018 10:15
8644104 05/18/2018 20:50
8635897 06/05/2018 08:42
8685404 07/14/2018 15:14
8799191 09/24/2018 07:06
90869534 10/06/2018 01:43
8747510 10/25/2018 07:48
8747502 10/26/2018 18:30
8808379 11/18/2018 17:50
8780526 12/07/2018 07:42
8766471 12/19/2018 20:40
8821038 03/04/2019 14:00
8844547 03/14/2019 06:29
8844685 04/01/2019 10:25
8875914 04/18/2019 12:18
91012761 06/09/2019 14:35
8939373 07/19/2019 10:23
8931974 08/08/2019 18:16
8955922 08/30/2019 07:40
8980352 09/29/2019 19:15
8976587 10/09/2019 17:52
91181357 01/31/2020 16:50
9063906 02/17/2020 10:50
9064976 02/19/2020 14:46
9145294 08/20/2020 11:35
9188638 10/06/2020 19:29
9188648 10/19/2020 13:05
9211684 11/14/2020 17:50
9206937 11/17/2020 17:20
9348554 11/19/2020 18:25
91439747 03/19/2021 18:19
9318529 05/15/2021 17:48
9325290 06/15/2021 15:32
9323159 07/19/2021 19:27
9368362 10/05/2021 22:30
9368361 10/24/2021 12:11
9422334 01/26/2022 18:44
9477318 03/10/2022 20:04
9436622 03/21/2022 06:18
9474190 05/12/2022 15:00
9480846 06/01/2022 20:44
9480803 06/17/2022 11:21
9501001 07/05/2022 18:46
9501008 07/08/2022 15:39
91823953 07/13/2022 22:00
1-10 W/b
Starlight Av
Cougar Wy
6th St
Oak Valley Pkwy
6th St
Oak Valley Pkwy
Potrero BI
1-10 Eastbound
Mistletoe Dr
5th St
Oak Valley Pkwy
Pennsylvania Av
Highland Springs Av
Claiborne Av
Pennsylvania Av
2nd St
Beaumont Av
1-10 W/b
Beaumont Av
Oak Valley Pkwy
Oak Valley Pkwy
Green Creek Trl
Oak Valley Pkwy
1-10 E/b
Oak Valley Pkwy
6th St
Oak Valley Pkwy
2nd St
Viele Av
Pennsylvania Av
Beaumont Av
6th St
1-10 W/b
Oak Valley Pkwy
13th St
Starlight Av
6th St
Beaumont Av
Mary Ln
4th St
6th St
Oak Valley Pkwy
6th St
Champions Dr
Weldon St
6th St
1-10 W/b To Beaumont
Ave
Secondary Rd
Oak Valley Parkway
Oak Valley Pkwy
Beaumont Av
Xenia Av
Palm Av
Highland Springs Av
Palmer Av
Olivewood
Veile Avenue
Barbetty Wy
Orange Av
Palmer Av
3rd St
8th St
Brookside Ln
8th St
Highland Springs Av
1st St
Beaumont Ave
5th St
Michigan Av
Cherry Av
Four Seasons Cir
Palm Av
Pennsylvania Ave
Palmer Av
Egan Av
Oak View Dr
Paseo Beaumont
6th St
3rd St
10th St
Chestnut Av
Pennsylvania Ave
Palm Av
Pennsylvania Av
Gneiss Way
Wellwood Av
5th St
Kendrick Dr
Nicholas Rd
Xenia Av
Starlight Av
Maple Av
Desert Lawn Dr
Manti Ct
Pennsylvania Av
Beaumont Ave. O/c
Dist & Dir Bike Ped Killed Injured
from Int.
4118 ft West No Yes 0 2
At Int No Yes 0 1
147 ft East No Yes 0 1
At Int Yes No 0 1
At Int No Yes 0 1
At Int Yes No 0 1
235 ft East Yes No 0 1
273 ft South No Yes 0 1
159 ft East No Yes 1 0
89 ft West Yes No 0 1
At Int No Yes 0 1
3926 ft East Yes No 1 0
89 ft North Yes No 0 1
432 ft South No Yes 0 1
300 ft - No Yes 0 1
At Int Yes No 0 1
At Int No Yes 0 1
117 ft North Yes No 0 1
482 ft West No Yes 0 2
38 ft South No Yes 1 1
At Int Yes No 0 1
At Int Yes No 0 1
25 ft South No Yes 0 1
16 ft East No Yes 0 2
2006 ft East No Yes 0 1
1814 ft West Yes No 0 1
At Int Yes No 0 1
611 ft East No Yes 0 2
At Int No Yes 0 1
At Int No Yes 0 1
100 ft North No Yes 1 0
At Int Yes No 0 1
At Int No Yes 0 1
470 ft West No Yes 0 2
At Int Yes No 0 1
20 ft West No Yes 0 2
At Int Yes No 0 1
At Int Yes No 0 1
At Int No Yes 0 1
At Int Yes No 0 1
At Int No Yes 0 1
At Int Yes No 0 1
100 ft West Yes No 0 1
At Int No Yes 0 1
At Int Yes No 0 1
At Int No Yes 0 1
187 ft West No Yes 0 1
16 ft East Yes No 0 1
https: !tims.bcrkcicy.cdu!tools atp/

6.7 04/01/2025 TIMS - Transportation Injury Mapping System CASE ID Date
Time Primary Rd
9510312 09/27/2022 07:25
9510311 09/30/2022 15:30
9523639 10/31/2022 17:24
9509860 11/08/2022 08:06
92017586 11/20/2022 18:44
9510029 11/23/2022 22:05
9465089 11/26/2022 16:30
9549688 12/09/2022 17:40
9553109 12/28/2022 13:11
Cherry Av
Claiborne Av
Palm Av
Oak Valley Pkwy
Intersate 10 Eastbound
Beaumont Av
Oak Valley Pkwy
Pennsylvania Av
1st St
Secondary Rd
Mary Ln
Brookside Ln
Oak Valley Pkwy
Pennsylvania Av
Oak Valley Parkway
6th St
Palm Av
8th St
Pennsylvania Av
Dist & Dir Bike Ped Killed Injured
from Int.

At Int Yes No 0 1
123 ft North No Yes 0 1
At Int Yes No 0 1
At Int Yes No 0 1
352 ft East No Yes 1 0
20 ft South No Yes 0 1
At Int Yes No 0 1
At Int No Yes 0 1
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Fund and appropriated by the Legislature) from the proceeds of the State's Cap -and -Trade Program specifically targeted for investment in disadvantaged communities in California.These funds must be used for programs that further reduce emissions of greenhouse gases.

Senate Bill 535 (De Leon, Statutes of 2012) directed that at least a quarter of the proceeds go to projects that provide a benefit to disadvantaged communities and at least 10 percent of the funds go to projects located within those communities. The legislation gives CaIEPA the responsibility for Identifying those communities_ How to use this map
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SB 535 Disadvantaged Communities 2022
SB 535 Disadvantaged Communities 2022 (Census Tracts)
SB 535 Disadvantaged Communities 2022 (Federal Tribal
Areas)
City of Beaumont SB831/TDA Article 3 Application
Exhibit A _ SB535 Map
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Exhibit B_ CalEnviroScreen 4.0 Map
Pollution Burden
Overall CalEnviroScreen scores are calculated from the
scores for two groups of indicators: Pollution Burden and Population Characteristics.

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viewed by clicking on the indicators to the left.

A report with detailed description of indicators and
methodology and downloadable results is available at
the CalEnviroScreen 4.0 website
CalEnviroScreen 4.0 Indicator Maps
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Toxic Releases: 31
Traffic: 73
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Date: 04 / 21 / 2025

BEAUMONT

CHAMBER OF COMMERCE
726 Beaumont Ave. • Beaumont, CA 92223
(951) 845-9541 • FAX (951) 769-9080
www.beaumonteachamber.com
April 16, 2025
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Subject: Letter of Support - City of Beaumont's Bicycle and Pedestrian Connectivity Master Plan Update Dear Evaluation Committee,
On behalf of Beaumont Community Chamber of Commerce, i am pleased to offer our full support for the City of Beaumont's application for SB 821 (TDA Article 3) funding to update its Bicycle and Pedestrian Connectivity Master Plan.

This effort is an important step toward creating a safer, more connected Beaumont ---where walking and biking are reliable, safe, and accessible options for getting to school, work, and local. businesses. As our city continues to grow, it is essential that we invest in infrastructure that supports families, students, and all members of our community.

By updating the City's 2011 plan, this project will identify where improvements are most needed such as around schools, parks, and small business areas and prioritize safety enhancements like crosswalk visibility, protected bike Lanes, and lighting. Importantly, this plan is being shaped through community engagement, ensuring that it reflects the lived experiences and needs of our residents.

We believe this project will not only reduce traffic hazards but also improve public health, increase foot traffic for local businesses, and give our youth and families safer options to move around town.

We strongly encourage the Riverside County Transportation Commission to fund this meaningful initiative. It's more than a plan, it's a commitment to building a safer, more accessible Beaumont for everyone.

Sincerely,
Bette J. Rad
Executive Director
Beaumont Chamber of Commerce
9510845-9541
"Building a Better Community,

COUNTY OF RIVERSIDE
District Office:
14375 Nason St Surle 207
Moreno VaIey- CA 92555
(951) 955-1052 Fax (951) 48$-5808
RICA{ Ramirez, Chief of Stall
SUPERVISOR YXSTIAN GU11ERREZ

FIFTH DISTRICT
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Riverside Office.
4080 LemonSI 5Ih Floor
Rriferskie, CA 92501
E- Mai: Disbicb@rivco oro
www. rivcoc strrct5.org
Subject: Letter of Support — City of Beaumont's Bicycle and Pedestrian Connectivity Master Plan Update
Dear Evaluation Committee,
On behalf of the County of Riverside — Fifth District, I am pleased to offer our full support for the City of Beaumont's application for SB 821 (TDA Article 3) funding to update its Bicycle and Pedestrian Connectivity Master Plan.

This effort is an important step toward creating a safer, more connected Beaumont —where walking and biking are reliable, safe, and accessible options for getting to school, work, and local businesses. As our region continues to grow, it is essential that we invest in infrastructure that supports families, students, and all members of our community.

By updating the City's 2011 plan, this project will identify where improvements are most needed —such as around schools, parks, and small business corridors —and prioritize safety enhancements like crosswalk visibility, protected bike lanes, and lighting. Importantly, this plan is being shaped through community engagement, ensuring that it reflects the lived experiences and needs of local residents.

We believe this project will not only reduce traffic hazards but also improve public health, increase foot traffic for small businesses, and provide our youth and families with safer, multimodal transportation options.

We strongly encourage the Riverside County Transportation Commission to fund this meaningful initiative. It is more than just a plan; it's a commitment to building a safer, more accessible Beaumont for everyone.

Sincerely,
Y xstian uutierrez
County of Riverside 5th District Supervisor

City of Beaumont Scope of Work
Bicycle and Pedestrian Connectivity Master Plan Update/Action Plan The following is a summary of the proposed Scope of Work and the various supporting tasks that will be utilized to support the City of Beaumont 's Bicycle and Pedestrian Master Plan (BPCMP) Update and supporting Action Plan
Task I
Project Management/Administration/BPAC
• Convene Bicycle and Pedestrian Advisory Committee (BPAC) and define project goals and objectives
• Provide technical support, assist and participate in community meetings and ensure that recommendations are consistent with existing plans , policies, community needs, and other regional initiatives
• Provide quarterly updates/reports, invoices, and adhere to other requirements pursuant to grant agreement
Task 2
Consultant Procurement
• Issue Request for Proposal (RFP) for Consulting Services • Review proposals, recommend selected consulting firm, prepare staff report, and award contract
Task 3
Community Engagement
• Facilitate and schedule in person and virtual community workshops and pop-up events • Conduct online and in -person surveys in multiple languages and other appropriate formats to ensure an inclusionary community outreach process • Further refine the goals and objectives based on community input • Convene targeted focus group meetings with local businesses, community groups, transit riders, seniors/people with disabilities, and bicyclists • Establish and maintain a Project specific web site in which the community can access information, participate in a community survey(s), review and provide input • Disseminate materials and other information related to the Project as well as the environmental and individual health benefits associated with active forms of transportation
• Ensure that information is current and available in multiple languages and/or other appropriate formats utilizing traditional and social media ou tlets • Provide periodic updates to Beaumont City Council

Task 4
Review Existing Conditions
• Evaluate the physical characteristics including topography, soil conditions, vegetation, and existing structures
• Review existing built environment such as roads, sidewalks, utilities, drainage systems, and active and public transportation access
• Ensure that recommendations would not violate local, state, and federal re quirements, including zoning laws and environmental regulations
• Assess any historical or cultural resources that may need to be preserved • Understanding the potential impact s on the community, including traffic, noise, and air quality
Task 5
Review of Existing Plans and Policies
• Review applicable land use/zoning, General Plans, Housing Elements, Specific Plans, and local and regional public and active transportation plans • Review traffic models, origin and destination studies, pedestrian and cyclist related collision data
• Identify any proposed or pending projects that will generate additional vehicle, cyclist, or pedestrian traffic (e.g., new housing projects)
• Qualitatively evaluate recommendations against established Project goals and objectives
• Develop GIS based overlays showing the areas with the greatest need and opportunities for improved safety, reduced congestion, and increase usage in cycling, walking, and public transportation
Task 6
Draft Final Bicycle and Pedestrian Master Plan (BPMP) Update and Action Plan • Prepare Draft BPCMP Update/Action Plan for BPAC review. • Prepare applicable notices and post Draft BPMP Update/Action Plan to dedicated website
• Present Draft BPCMP Update/Action Plan to the community stakeholders • Present Draft BPCMP Update/Action Plan to Beaumont City Council • Revise Draft BPCMP Update/Action Plan based on community stakeholders and City Council input
Task 7
Council Review/Approval
• Prepare and present Finalize BPCMP Update/Action Plan and prepare report summarizing findings, recommendations, and next steps
• Present Final BPMP Update/Action Plan to City of Beaumont City Council

BEAUMONT UNIFIED SCHOOL DISTRICT
„.....1" ,......„).-

2.�¢5 ./ Mrs. Melissa Williamson
�� President
Q o
Y COM\i UNITY

RELEVANCE
A Shared Commitment
Reauinmt� L ',!tied School District
Mrs. Mays rakish
Superintendent

BOARD OF TRUSTEES
Mr. Jeff Brown Dr. Lanston M. Sylvester Mrs. Susie Lara Vice President Clerk Member

EXECUTIVE CABINET
Dr, Ebon Brown
Assistant Superintendent
Instruction & Support Services
Mrs. Jennifer Castillo
Assistant Superintendent
Human Resources
Mr. David Sanchez
Member
Mr. Sergio San Martin
Chief Business Official
April 22, 2025
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Subject: Letter of Support — City of Beaumont's Bicycle and Pedestrian Connectivity Master Plan Update
Dear Evaluation Committee,
I am writing on behalf of Three Rings Ranch Elementary School to express our full support for the City of Beaumont's application for SB 821 (TDA Article 3) funding to update its Bicycle and Pedestrian Connectivity Master Plan.

At Three Rings Ranch, our mission is to provide a safe and nurturing environment that fosters intellectual, academic, personal, and social growth. We are proud to be part of a district committed to quality education through a shared partnership among home, school, and community. Ensuring that our students can safely walk or bike to school is a vital extension of that mission.

Many of our students and families rely on walking or biking as their primary mode of transportation.

Improving pedestrian and bicycle infrastructure, such as enhanced crossings, safe sidewalks, and connected bike paths, will provide tangible safety benefits while supporting physical activity, independence, and access to education.

We commend the City of Beaumont for prioritizing student safety and community accessibility, and we respectfully encourage the Riverside County Transportation Commission to support this important project.

Sergio San Martin
Chief Business Official

350 W. Brookside Ave., Beaumont, LA, 92223 • (951) 845-1631 ♦ ro beauruontusd.us

Caltrans Internal Audits Office (CIAO)
Department of Transportation
Administration, MS 80
1120 N Street, Sacramento, CA 95814
June 22, 2023
Notice Transmitted via email
Jennifer Ustation
Finance Director
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Agency Rate Acceptance:

City of Beaumont
This is to notify you that Caltrans Internal Audits Office (CIAO) has received notification of City of Beaumont Indirect Cost Rate Proposal (ICRP) for fiscal year (FY) 2023-2024 on June 21, 2023.

City of Beaumont is authorized to use the rates detailed in the Table of Accepted Rates below for billing FY 2023-2024 indirect costs to the California Department of Transportation.

Table of Accepted Rates
FY
Rate Type
Rate*
Applicable To
2023/2024
Indirect Cost
Rate*

55.95%
Community Services

20.71%
Police

33.58%
Street Maintenance

46.28%
Community Development

28.28%
Parks and Grounds

28.72%
Public Works
*Base: Direct Salaries, Wages and Benefits
Acceptance of the rate is based on the understanding that City of Beaumont agrees to provide subsequent reimbursement if the rate is later found to have included costs that are unallowable as specified by law, regulation, or the terms and conditions of state or federal awards. CIAO did not perform an audit of the ICRP. The ICRP may be audited in the future.

City of Beaumont must provide support for the approval of future FY rates.

Please retain a copy of this letter for your files. If you have any questions, please contact Gerald Lee, Audit Manager, at ICAP-ICRP©dot.ca.gov.

Sincerely,
Ben Shelton, Audit Chief
Caltrans Internal Audits Office (CIAO)
cc: Lisa Leach, Assistant Finance Director, City of Beaumont Alberto Vergel de Dios, District 8, District Local Assistance Engineer, Caltrans
[email protected]
Gilbert Petrissans, Chief, Division of Accounting, Caltrans Gerald Lee, Audit Manager, Caltrans

23ICR.R73

c
0 Li
G
A
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April 23, 2025
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Subject: Letter of Support — City of Beaumont's Bicycle and Pedestrian Connectivity Master Plan Update Dear Evaluation Committee,
On behalf of the Beaumont High School Cross Country and Track & Field programs, we are proud to offer our strong support for the City of Beaumont's grant application for SB 821 (TDAArticle 3) funding to update its Bicycle and Pedestrian Connectivity Master Plan.

Between our Cross Country and Track & Field teams, we serve more than 250 student -athletes annually, with over 70 students participating in Cross Country and 185 in Track & Field. Our programs rely heavily on safe routes, trails, and roads for training, and many of our students walk or bike to school and practice every day.

As an athletic organization, we are deeply committed to the safety and well-being of our students, on and off the track. The importance of safe, accessible infrastructure has always been personal to us. In years past, our team experienced a tragic loss when one of our Cross Country athletes was struck by a vehicle while commuting locally. While we carry this memory with care, it reinforces our support for efforts that prioritize student safety in our growing city.

We strongly believe that this Master Plan update is a meaningful step toward improving safety and accessibility for all, especially youth who rely on walking or biking to get to school, parks, and training. Safer streets and improved crossings will not only protect lives, but also encourage more students and families to stay active, connected, and engaged in the community.

We respectfully urge your support of this important initiative and thank you for considering the needs of Beaumont's students. Please contact me with any questions at 951-845-3171, ext. 343408 or [email protected]
Sincerely,
A-Irti ,97._74-4..":1424.-
Anthony Miller
English Teacher
Beaumont High School
Head Boys and Girls Track & Field Coach
Asst. Boys and Girls Cross Country Coach
Varsity Club Advisor

BEAUMONT UNIFIED SCHOOL DISTRICT
A Shared Conansitrnent
Liexuino,t L nttied ticlinul Ulc[rt.t
;o
L:OrI UUML'fl

RELEVANCE
Mrs. Melissa Williamson
President
Mrs, Mays Kakish
Superintendent
Mr. Jeff Brown
Vice President

BOARD OF TRUSTEES
Dr. Lanston M. Sylvester
Clerk

EXECUTIVE CABINET
Dr. B'bon Brown
Assistant Superintendent
Instruction & Support Services
Mrs. Susie Lara
Member
Mrs. Jennifer Castillo
Assistant Superintendent
Human Resources
Mr. David Sanchez
Member
Mr. Sergio San Martin
Chief Business Official
April 22, 2025
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Subject: Letter of Support — City of Beaumont's Bicycle and Pedestrian Connectivity Master Plan Update
Dear Evaluation Committee,
On behalf of the Beaumont Unified School District, I am pleased to express our strong support for the City of Beaumont's application for SB 821 (TDA Article 3) funding to update its Bicycle and Pedestrian Connectivity Master Plan.

Our District is dedicated to providing high -quality educational opportunities for all students in a safe and secure learning environment through a shared commitment among home, school, and community. We believe that enhancing pedestrian and bicycle infrastructure is essential to ensuring the safety and well- being of our students and their families.

Many of our students rely on walking or biking as their primary means of transportation to and from school. Improving sidewalks, crosswalks, and bike lanes will not only enhance safety but also promote healthier lifestyles and greater independence among our students.

We commend the City of Beaumont for its proactive approach to community engagement and infrastructure planning. We respectfully urge the Riverside County Transportation Commission to support this important initiative, which aligns with our District's commitment to student safety and community well-being.

Sincerely,
&» /
Mays Kakish
District Superintendent
Beaumont Unified School District

350 W Brookside Ave., Beaumont, CA, 92223 • (951) 845-1631 • www bealrnlontusd.us

BEAUMONT
A -
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
April 23, 2025
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Subject: Match Commitment Letter - SB 821 Bicycle and Pedestrian Connectivity Master Plan Update
Dear Evaluation Committee,
On behalf ofthe City of Beaumont, I am writing to confirm the City's ability to provide the local match funding in the amount of $57,600 in support of our application for SB 821 (TOA Article 3) funding for the Bicycle and Pedestrian Connectivity Master Plan Update.

Upon award, this match will be funded through the City's General Fund reserves and is dedicated to ensuring the successful development and completion ofthe project. We believe this planning effort is critical to improving the safety, accessibility, and overall mobility for our community, particularly for students, families, and pedestrians throughout the city.

The City of Beaumont is fully committed to meeting all financial and administrative responsibilities associated with this grant program and looks folward to working with RCTC to implement this important initiative.

Please feel free to contact our office if any additional information or documentation is required.

Sincerely,

ELIZABE H GIBBS, ICMA-CM
City Manager
City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 572-3220
City of Beaumont 1 550 E. 6th Street, P gE14446Adf231 8 (951) 769-8520 I BeaumontCA.gov

ATTACHMENT 2
(PROGRAM POLICIES)

RIVERSIDE COUNTY TRANSPORTATION COMMISSION
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE

AND PEDESTRIAN FACILITIES PROGRAM ADOPTED POLICIES
Trans
ortation Development Act Policies

1. Up to 5% of Article 3 apportionment can be used to supplement other funding sources used for bicycle and safety education programs; the allocation cannot be used to fully fund the salary of a person working on these programs.

2. Article 3 money shall be allocated for the construction, including related engineering expenses, of the facilities, or for bicycle safety educationprograms.

3. Money may be allocated for the maintenance of bicycling trails, which are closed to motorized traffic.

4. Facilities provided for the use of bicycles may include projects that serve the needs of commuting bicyclists, including, but not limited to, new trails serving major transportation corridors, secure bicycle parking at employment centers, park and ride lots, and transit terminals where other funds are available.

5. Within 30 days after receiving a request for a review from any city or county, the transportation -planning agency shall review its allocations.

6. Up to 20 percent of the amount available each year to a city or county may be allocated to restripe Class II bicycle lanes.

7. A portion of each city's allocation may also be used to develop comprehensive bicycle and pedestrian plans. Plans must emphasize bike/pedestrian facilities that support utilitarian bike/pedestrian travel rather than solely recreational activities; a maximum of one entire allocation per five years may be used for plan development.

8. Allowable maintenance activities for the local funds are limited to maintenance and repairs of Class I off-street bicycle facilities only.

RCTC Policies

1. The SB 821 Ca11 for Projects will occur on a biennial basis, with a release date of the first Monday of every other February and a close date of the last Thursday of every other April, beginning in 2015.

2. If a project cannot be fully funded, RCTC may recommend partial funding for award. To handle tiebreakers, RCTC will use, in terms of priority, the safety question first then construction readiness.

3. Agencies awarded funds will not be reimbursed for any project cost overruns.

4. Agencies being awarded an allocation will be reimbursed in arrears only upon submitting adequate proof of satisfactory project completion. Claims need to Attachment 2
17336.00005\41471305.2

include: the claim form, copies of paid invoices, a copy of the Notice of Completion (NOC), and photographs of the completed project.

5. The allocated amount represents the maximum amount eligible for reimbursement.

For projects completed under the allocated amount, the agency will be reimbursed at the matching ratio as presented in the application.

6. An agency will have thirty-six (36) months from the time of the allocation to complete the project. There will be no time extensions granted unless the reason for the delay can be demonstrated. Where substantial progress or a compelling reason for delay can be shown, the agency may be granted administrative extensions in twelve-month increments at the discretion of the Executive Director.

7. Any programmed and unused Article 3 Program funds will be forfeited unless that agency can a) utilize the unused funds to complete projects that are the same or similar in scope and/or are contiguous to the approved project or b) apply the funds to a project previously submitted under an Article 3 call for projects and approved by the Commission, subject to Executive Director approval.

8. Design and construction of facilities must conform to the general design criteria for non -motorized facilities as outlined in the Caltrans Highway Design Manual.

9. Temporary facilities, projects in the bid process, or projects that are under construction will not be funded.

10. The SB 821 evaluation committee will be comprised of a minimum of five evaluators representing a wide range of interests; such as: accessibility, bicycling, Coachella Valley, public transit, and the region. Staff, consultants, and other representatives from agencies submitting project proposals will not be eligible to participate on the evaluation committee that year.

11. Following each call, staff will monitor the equity of allocations to Coachella Valley versus Western Riverside County; the allocation should be relative to what the Coachella Valley's share would have been if distributed on a per capita basis (the percentage of funds applied for should also be taken into consideration). If the allocation is often found to be inequitable to the Coachella Valley, staff will recommend adoption of a new policy to correct the imbalance.

12. Certain costs at times associated with bicycle/pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists/pedestrians, such as: curb and gutter as part of roadway drainage system, driveway ramps installed across sidewalks, and where roadway design standards require a roadway shoulder width that is at least as wide as a standard bike lane.

13. For each Call for Projects, a city is eligible to submit up to three (3) applications, and the County of Riverside is eligible to submit up to two (2) applications per Supervisorial District.

14. Each application is limited to a maximum request of 10% of the current Call for Projects programming capacity.

15. Total award to one jurisdiction is limited to 20% of current Call for Project's programming capacity.

16. Awarded agencies can commence reimbursable project activities on July 1 of the Call Attachment 2
17336.00005\41471305.2

for Project fiscal year cycle. E.g.: for FY 25/26 Call for Projects, reimbursable work starts on July 1, 2025.

17. Awarded agencies have until October 1 of the Call for Project fiscal year cycle to execute the Memorandum of Understanding (MOU) with RCTC. E.g.: for FY 25/26 Call for Projects, MOUs must be executed by October 1, 2025 Attachment 2
17336.00005\41471305.2

Bicycle and Pedestrian Facilities Program
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I I I I I I
Date: 04 / 21 / 2025

Bicycle and Pedestrian Facilities Program
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I I J I I J

Created By: Bradley Barnhart
Date: 04 / 21 / 2025

BEAUMON
-C A L I F O R N !IT
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE: August 19, 2025
SUBJECT: Improvement Agreement and Security
Description Accept Security Agreement and Performance and Payment Bonds for Tract Map No. 31462-23 and 31462-26 for street, sewer, and storm drain improvements.

Background and Analysis:

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

Tract Map No. 31462-23 and 31462-26 Fairway Canyon
DR Horton Los Angeles Holding Company, Inc. (DR Horton) has acquired Tract Map Nos. 31462-23 and 31462-26 (Tracts) from Meritage Homes of California, Inc. (Meritage). DR Horton has provided confirmation of an arrangement in the form of an email with excerpts of a private agreement with Meritage to take over the improvements associated with the aforementioned tracts. One of the conditions of such arrangement was for DR Horton to replace the original bonds posted by Meritage with new bonds.

Subsequently, DR Horton proposes providing security for public improvements associated with the Tracts and relieving Meritage from its former security obligation.

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

coy

V ICINI T Y MAP
Figure 1- Vicinity Map for TR 31462-23
P,4

CALIM ESA
MORENO VALLEY 60 FR
N.T.S.

CALI MESA
Cherr Valley Blvd
Brookside Ave
L
Oak Valley Parkway
SITE LOCATION Oak Valley Parkway
Figure 2- Vicinity Map for TR 31462- 26
MORENO VALLEY 60 FRWY

VICINITY MAP
N.T.S.

BEAUMONT

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

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

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

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

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

Fiscal Impact:

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

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

Recommended Action:

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

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

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

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

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

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

5. Contact's [email protected]

3. Developer Name D. R. Horton Los Angeles Holding Company, Inc. Phone951-415-2974 (If corporation or partnership application must include names of principal officers or partners)

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

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

Bond No. 30118212 / TR 3 462-23 / Street
mprovements
New Bond #: 9473418

6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.

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

7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City.

Print Name and Sign — Contact/Applicant Date

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

Print Name and Sign — Contact/Applicant : e

RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

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

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

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

NAME/NUMBER OF DEVELOPMENT:
55 residential
PA226
subdivision consisting of
, originally approved on
lots,
and Tentative Tract/Parcel 31462 ("Tract/Parcel" or
"Tentative Tract/Parcel Map") , originally approved on: September 8th, 2016 •

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

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

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

FINANCIAL INSTITUTION:

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

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

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

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

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

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

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

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

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

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

2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) 416,717.40 and 00/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and m416,717.40 and 00/100 DOLLARS ($XXX,XXX.XX) to
secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement. (iv) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or

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

3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement.

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

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

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

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

5. Reserved.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20. Time for Completion of Improvements; Extensions.
(a) Subdivider shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause.

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

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

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

Notice to City:

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

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

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

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

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

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

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

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

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

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

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

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

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

28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts

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

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

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

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

Subdivider: City:

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

Signature:

Vicki Gullion
Print Name:

Attachments: Exhibit A
Exhibit B
Exhibit C

CITY OF BEAUMONT
a Municipal Corporation
Signature:

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

John Pinkney, City Attorney
APPROVED AS TO CONTENT:

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

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

State of California
County of Riverside
on V/tiV/20
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(s'j whose name* is/ate subscribed to the within instrument and acknowledged to me that 44e/she/they executed the same in Ns/her/their authorized capacity(ies), and that by h4s/her/their signature( on the instrument the person(,$), or the entity upon behalf of which the person('} acted, executed the instrument.

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

WITNESS my hand and official seal.

ASHLEY ARRYANN DONOVAN
COMM #2417574 3
W '°� '�✓ - NOTARY PUBLIC - CALIFORNIA n
'„ " �. RIVERSIDE COUNTY
* My Commission Expires September 22, 2026
Signature ---D �Z G an aa c. � (Seal)
Not ryPub is

Bond No. 9473418
EXHIBIT "A"

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

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

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

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

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

IN WITNESS WHEREOF. this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposit Company of Maryland
SURETY
Name: Noah William Pierce
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.
/,, PRINC PAL
By: /vl�.t_
Name: .v i C KI c7LJ i I( vn
Title: Attorney -In -Fact Title: A ,i 5-17A (14-- SeL ry Address: 1299 ZURICH WAY, 10TH FLOOR By:

SCHAUMBURG, IL 60196 Name:

Title:

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

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 7

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

State of California
County of Riverside
On
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(0) whose name(o) is/afe subscribed to the within instrument and acknowledged to me that 11e/she/they executed the same in his/her/their authorized capacity(ies), and that by Its/her/their signature(.) on the instrument the person(,), or the entity upon behalf of which the person(g) acted, executed the instrument.

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

WITNESS my hand and official seal.

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

RIVERSIDE COUNTY
My Commission Expires September 22, 2026
Signature / , ' ' •o n.>,uct,.--- (Seal)
Nota Public

STATE OF NORTH CAROLINA
COUNTY OF ROWAN:

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

Witness my hand and official seal this
Notary Seal
Bryan M Caneschi, Notary Public
My Commission Expires on the 4th day of April, 2027.
day of 4114 , � .

Assistant Secretary
Dawn E. Brown

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

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

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

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

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

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

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

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

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

POA-F 177-0035B
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023

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

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

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

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

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

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

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

Zurich American Insurance Co.

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

Bond No. 9473418
EXHIBIT "B"

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

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

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

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

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

SURETY PRINCIPAL
I/at
BY: —))(1Zt
Name: Noah William Pierce Name: v i c - b ui ()Del
Title: Attorney -In -Fact Title: %SSIS%-01i14- ;tc-t+"At-1 Address: 1299 ZURICH WAY, 10TH FLOOR By:

SCHAUMBURG, IL 60196 Name:

Title:

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

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9

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

State of California
County of Riverside
On 3/1,/a oa
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person() whose name(*) is/afe- subscribed to the within instrument and acknowledged to me that-lie/she/they executed the same in 11-is/her/their authorized capacity(ies), and that by-la-is/her/their signature(*) on the instrument the person(,), or the entity upon behalf of which the person(*) acted, executed the instrument.

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

WITNESS my hand and official seal.
...

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

RIVERSIDE COUNTY
My Commission Expires September 22.2026
Signature �.�c% oz�� (Seal)
Notary ublic

STATE OF NORTH CAROLINA
COUNTY OF ROWAN:

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

Witness my hand and official seal this day of AkrJk- , '36 Notary Seal
Bryan M Caneschi, Notary Public
My Commission Expires on the 4th day of April, 2027.

Assistant Secretary
Dawn E. Brown

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

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

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

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

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

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

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

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

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

POA-F 177-0035B
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023

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

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

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

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

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

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

Zurich American Insurance Co.

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

RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

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

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

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

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

FINAL TRACT MAP APPROVED ON RECORDED ON
AS INSTRUMENT NUMBER: "Final Tract Map"1.

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

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

FINANCIAL INSTITUTION:

THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as "City"), and Merita9e Homes of California, Inc,. a California Corporation (hereinafter referred to as "Subdivider"). City and Subdivider are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".

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

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

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

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

F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit "B" and incorporated and

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

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

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

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

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

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

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

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

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

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

5. Reserved.

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

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

7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final completion and certification of all Private Improvements and Public Improvements. Partial releases may be

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

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

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

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

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

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

10. Notice of Breach/Default of Subdivider.
(a) Default of Subdivider shall include, but not be limited to: (1) Subdivider's failure to timely complete construction of the Improvements; (2) Subdivider's unwarranted failure to timely cure any defect in the Improvements; (3) Subdivider's failure to perform substantial construction work for a period of twenty (20) consecutive calendar days after commencement of the work; (4) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (6) Subdivider's failure to keep the Improvement

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

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

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

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

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

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

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

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

17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, subcontractors or employees in the performance of this Agreement.

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

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

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

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

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

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

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

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

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

Notice to Subdivider:

John Pinkney, Esq.

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

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

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

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

(Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury. (ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease. In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. (2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance.
(b) Insurer 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 coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section.
(e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations. (2) Primary Insurance. For any claims
as respectsthe City of Beaumont, project,
t
insurance coverage shall be primary insuranc
its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.
(3) Waiver of Subrogation. E is°ofFc officials, officers, swaiving ell rights mpoyees,agents and of
subrogation
against the City of Beaumont,
independent contractors shall be provided.
s of
(ii) The Workers' Compensation policy officials,ihall officerse rsed to waive all employees, agents tand subrogation against the City of Beaumont,
independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non- payment). Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.

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

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

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

27. Entire Agreement. This Agreement constitutes e n them )re with respectagreement the subject
and supersedes any prior written or oral agreements betwee matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.

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

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

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

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

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

Subdivider:

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

City:

CITY OF BEAUMONT
a Municipal Corporation
ATTEST:

City Clerk
APPROVED AS TO FORM:

APPROVED AS TO CONTENT:

Pinkney, City ttorney

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 OrAnj e
On /%rrdh Al Zo — before me, ./517AoirrIVS:40-4'1", 4/'/ -Y l v/. /7C Date Here Insert Name and Title of the Officer
personally appeared ar'Dn / u%ae-r-Cc2
}
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

ANDREW SALAZAR
Notary Public - California
i Orange County
°f• e' Commission # 2365034
=o*~sue My Comm. Expires Jul 10, 2025
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

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

Signer is Representing:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited
o Individual
❑ Trustee
❑ Other:

Signer is Representing:
❑ General
❑ Attorney in Fact
❑ Guardian or Conservator
©2019 National Notary Association

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

Bond No. 30152512
Improvements: Street

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

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

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

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

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

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

SURETY
Title: Attorney -in -Fact
Address: 151 N. Franklin Street
Chicago, IL 60606
1 PR NVIPAL
By: _ !�
Name: G‘e,". A %,e
Title: VP beve t '
By:

Name: O1 VA Sct`({- L)-2.2. CA --
Title: V j (. i V
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 7

ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate T 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 )SS

COUNTY OF MARICOPA )
On March 08, 2022 before me, Laura J. Gunderson , Notary Public, personally appeared Glen A. Tulk, Vide President - National Development of Meritane Homes of California, nc who proved to me on the basis of satisfactory evidence to be the person(s) w` lose 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 fore. +ing +, ra•ra.h is true and correct.

WITNESS my hand end official seal.

Signatu

LAURA GUNDERSON
Notary Public, State of Arizona'=
Maricopa County
Commission # 615665
Nly Commission Expires
Novemb::! 05, 2025
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

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

PARTNER(S)

ATTORNEY -IN -FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

INDIVIDUAL

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

GENERAL
Name of Person or Entity

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

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

NUMBER OF PAGES

SIGNER(S) OTHER THAN NAMED ABOVE

DATE OF DOCUMENT
Reproduced by First American Mile 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.

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

OFFICIAL SEAL

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

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

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

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

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

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

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

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

Bond No. 30152512
Improvements: Street

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

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of Eig�ht Hundred Eighteen Thousand One Hundred Tliirtv One and 85 100 Dollars (5818,131.85)
for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

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

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

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 2, 2022.
(Seal)
The Continental Insurance Company
Name: James I Moore
Title: Attorney -in -Fact
Address: 151 N. Franklin Street
Chicago, IL 60606
(Seal)
Meritage Homes of California, Inc.

By:

Name: G1ei- Al k...,1‘.<
Title: VP 14c -A i ornc.. 11_c.rtA n8.ve.,1 ��3►'yten
By:

Name:

Title:
-\:%\,\eksotc.ci-0z,zo
Neic Ecp
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9

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

STATE OF ARIZONA

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

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

WITNESS my hand and official seal.

OPTIONAL
Though statute does not require the
documents.

PARTNER(S)

ATTORNEY -IN -FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

LAURA GUNDERSON
Notary Public, State of Arizona
Maricopa County
Commission 4615665
My Commission Expires
Novernt:c;i :15, 2025
This area for official notarial seal.

SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Notary to fill in the data below, doing so may prove invaluable to persons relying on the

INDIVIDUAL

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

GENERAL
Name of Person or Entity

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

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

NUMBER OF PAGES

SIGNER(S) OTHER THAN NAMED ABOVE

DATE OF DOCUMENT
Reproduced by First American Title 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 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
Sinem Nava, N ary Public
Commission No.859777

OFFICIAL SEAL

SINEM NAVA
Notary Public - State of Illinois
MJ Commission Ex. ires Aui 28, 2025

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

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

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

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

On this 20th day of June, 2021, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.

M. BENT

NOTARY PUBLIC
i SOUTH DAKOIA4,
+
My Commission Expires March 2, 2026
/22 6_4-
M. Bent Notary Public

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

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

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

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

DATE:

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

BY:

George A. Lenfestey

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

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 8 -Jul -21
Engineer's Signature Date
George A. Lenfestey
Name typed or printed
Civil Engineer's Stamp
*****PLEASE READ INSTRUCTIONS BELOW*****

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

2. Show Bond Amounts to the nearest $500.

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.

7/8/2021

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

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

UNIT
ITEM

UNIT COST
AMOUNT
L.F.

Remove Chain Link Fence
$ 2.50
$ -
EA.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7/8/2021

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

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

UNIT
ITEM

UNIT COST
AMOUNT
-
C.Y.

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

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

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

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

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

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

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

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

H.D.P.E. Clean Out
$ 400.00
$ -
-
EA.

Drain Basin
$ 400.00
$ -
-
EA.

Curb Outlet
$ 3,000.00
$ -
EA.

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

Riprap Headwall
$ 1,000.00
$ -
-
EA.

Concrete Collar
$ 250.00
$ -
EA.

Outlet Structure
$ 10,000.00
$ -
EA.

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

7/8/2021

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

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

UNIT
ITEM

UNIT COST
AMOUNT
0 EA.

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

A.

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

7/8/2021

VICINITY MAP
SMI5461LAKLTES
T. 'HE COWING, . S'r4LL C! RESPONSIBLE FUR THE CLEARIN G OF THE PROPOSED MORK AREA AND RELOCATI ON CS/ITS OE All FI STING UNITIES. THIS IN CLLOES UNDERGROUNDNG OF F ASTING O VERHEAD LINES A LONG T' P RO JECT FRONTAGE AS ROUTED BY THE CONDIMONS OF APPROVAL.

P ER MITS MUST IN FORM CITY OF CON SIROCROI/ SCHEDULE AT LEAST 48 HOURS PRIO R TO BEGINNING OF CON STR UCTION AT (951) T69-8510.

2. A LL W ORK SH ALL CJNF RU TO TH E REQUIREM EN TS OF THE STANDARD SP ECIFICATIONS FOR POOCH w oo //S L'N S:H000OV,G12EN0 00K DIES "! ED ITION AND TH E R IVERSIDE CU UN/Y /iNNSPORIAI ON DEPARTMENT IMP RO/EM ENT STAND ARDS AN D SPECIECATONS, IATEST EDITOR," COUNT' ORDINANCE NO 46' AND S' UBS'EOUENi AMENDMEN TS.

J. ALL UNDERGROUND ACILITES, WITH LATERAL& SH AU L BE 'N PLACE PNRR TO P AYING THE STREET SECTIO N IN CLUD ING, B UT NO T LIMITED TO, TH E F OLLOW NG: SERE R. WATER. £LE CTRL , GAS AND STORM DRAIN.

4. IT SH ALL BE TIC RESPON SE/IL. or TIE CON TRACTOR OR DEVELOPER TO . NSTALL AND MAINTAIN ALL CONSTR'UC/ON , REGULATOR Y, GUIDE AN D WARN IN G SIG NS ROH M TH E P IiI JEC I LIMP S AND IS SURROUN DIN GS TO PROVIDE .FE PASSAGE FOR THE TRAYEY. ING PUDIC AN D W ORK ERS /MINI THE A NAL COMW.ETON AND ACCEPTAN CE OF T HE P RO JECT BY THE CITY. A TRAFFC CON TROL P UN

M UST BE SUBM ITTED WITH APPROVED STR UT PUN FOR R EVIEW TO THE PERM ITS SECTION OR INSPECTION SECTION (FOR MAP C ASES) PRIOR TO COTANNG AN ENC ROACHMENT PERM IT.

5. IVY P RATE DRAINAGE F ACILITIES SH OWN ON THES E PLAN S AR E FOR IN FORMATIO N ON LY BY

SIG NING TH ESE IMP HU/EM EN T PLANS, NO REN EW OR AP PROVAL CE TH ESE PRIVATE FACTU RE ARE D IPIIEO OR "'TEND ED B/ CITY OF BE AU MONT PU DIC W ORK S OFP1

6. T HE DEV ELOPER WILL MSAU STREET NAME SON S CONFORM IN G TO F UND. STAN DARD N O. 916.

1. ALL STREET SECTIONS ARE TEN TATIVE. SOOITONAL SOIL TESTS SH ALL BE TAKEN AFTER ROUGH GRADIN G TO DE TE RMINE THE EX ACT STR EET SE CTION R EQUIR EMEN TS. US E R.C .T. D. STAN DARD NO. 40' lF EX PANSIVE SOILS ARE ENCOUNTERED.

IT SHML RE THE RESPON SIBAIIY OF THE O[VEIOPER TO NOTIFY THE ENGINEER TO "ISM" STREET CENTERLINE MONUMENTS AS R£OUIRED BY R IVERS GE COUN TY ORDNAN CE N O. 461. IF CON STRUCTION GEN TEN O& DIFFERS PR/DUE A TIE TO EXISTING CENIERLINE GE RIGH T-OF-WAY. PRICK N ROAD CONS TRUC TION. SURVEY MOV EM EN TS IN CYU OIN C CENTERLINE MON UMENTS. T£ POIN TS. P ROPER?

CORN ERS AND DO ER MARK S SH ALL BE RETERCNCED OUT AND CORNER RECOR DS TILED WT/ T HE /n COUNT! SUR /EYOP PURSUANT TO SECTION BT TI OF THE BUSINESS & PROFESSIONAL CODE. SURIk, \V POINTS ,JESTR' JYED D'UR 'NG CON STRUCTION SH ALL BE RE SET, AND A S EC OND CORN ER .RECORD ATL£D FOR MO S'E P URT/S PROP TO COMP LETION AND ACCEPTAN CE OF ME 'MP HOSEMEN:S.

ASPH ALTIC EMULS ION (FOG SAIL) SHALL DE APPU LO RO T LESS IH AN ,411,11EN DAYS FO LLOW IN G NPLA CEM ENT OF ME ASPHALT SURFACING FOG SEA. <ND HIN DER DBE APPLIED AT A FATE OT 005 AND 005 GALLO N PER SQUARE YAPS C AS PH AL, EMULSION S/OLL WCONFORM TO SECTION S 3T, 39 AN D 94 OF TH E STAT E STAN DAR", SPECIFICATIONS.

SW. COAT IS RESUMED PRIOR TO PAV IN G ALL DRA DES ENCESS OF E .

CON S 'AMNON P ROE CT, DISTURBING ANNE IRAN 051 ACRE D UST IIBIAIN A NATIONAL POLLUTANT DSE/,ARG£ ELI MINATION SYSTEM (WOES P ERMIT) OWN ERS/DEVELOPERS ARE R EOU/R2 TO F// A 0 NOISE OF INTEN T (ROI WT TAE STATE WATER RESOURCES CONT ROL BOAR D (WEB), P REP ARE A y1 STORM WATER P OLLU TION PR EV EN TION ,P/A N (SWEP P).W AND M ON ITORING AN MR TIC S TE.

2. THE DEV ELOPER SNAIL. BE RESPONSIBLE IG4 TH E INSTALLATON OF ADDITIO NAL SIGN S AND W MARK NGS Nor ROUGED IN TH E SIGN ING AND SFR PING WAN WITHIN THE PROJECT AREAS. OR ON ROADW AYS ADJACEN T TO TAE PR OJECT RALVJAR IEL. UPON T IE RE QUEST OF TH E . ALRECT OR OF „.....ROADW AYS
IVORKS OR HE DESIGNEE TO IMPR OVE TRAFFIC SEEM ON ME .RDAUS UNDO/ 'PE '^ JU MSD CTON OF THE DEVELOPER.

SHALL BE TH E RESPONSE.). OF TI E OE'ELOP ER,I GON TRAGTOR TO APPLY TO THE &VERSIDE AWAY COUN TY FLOOD CON TROL (RCFC) F OR PERM.TS W HEN ANY STOR M DR AIN P IPE N EEDS TO BE CON NEC TED W ITH A RCFC FACILITY AN D ADD PERNTEE / ON E PLAN. 'I. IT SHILL OF T IE R ESPON SIBILITY Or TH E CON TRACTOR OR DEVELOPER TO AP WY TO T IC CALIF ORNIA DEPARNENT OF TR AN 0WR TAINN (CALTRANS ' FOR AN ENC ROACHMEN T PERM IT FOR ALL W ORK FENDO/LED WITHIN S/A!E NAGNI-1F _NAY.
'5. CURB DEPRESSIONS AND DRIVER/AA AP.AROACNES W III BF M.STALIFD AND CONS'RUCTED ACCORDNIO TO COUNTY STAN DARDS N O. 106 AND/OR TOT, AS DIRECTED N E NEW.

15. STREET LIGH TS :MALL BE .N STALLED IN ACCORDANCE W S/ TIE APPROVED STREET UC/ TIN. PLAN PER DE OF BEA'UMONT'S APPROVED STREET LIGH TIN G SPECIFICATION S.

IT. F OR ALL DM/WA/ RECON STRUC TION B EYOND RIG/IT-OF -RAT, PROD- OF DRIJC/O S/ OWNER NOTICAT ON IS REWIRED PRIOR TO CON STRUCTION .

TI. INSTIL STREET TREES IN ACCORDANCE W. ORDINANCE 00/ AN D THE COMPREH EN SIAE LANDSCAPING DUD£LMES "CH OOSE TREE SP ECIES AN D NAM E TH EM HERE) M. RTE DEVELOPER SHALL /WE GEOTECHN /C. AL/S OILS ENGINE ER ING RPM OB SE RVE TREN CHN C,

B ACKRLL'NO & SCE COMPACTOR CF ALL UTILITY TRENCHES' IWTH N ALL EASEMENT & ROAD RIGHTS

OF WAY TWO SETS OF COMPACTOR REPORTS CERTIFYING TH AT WORKS W ERE DON E TEL CONFORMANCE TO STAN DARDS 4 GEOTECl/NICAL REPORT STALL BE RIBM ARE O AFTER E ACH JN/ry MEN. IS CO WLETEU & CERTFIE& COV AACIION REPTM'I MUST AL SLEEI/ED ID THE JEP/. OF - R ." IC W ORKS AT LE AST TWO W OR KNG DA YS BEFO RE AGG REGATE B ASF MATERMIS AR E PIA CEO MIS//Ti
PRIVATE atIRE B519 NO7AT To coNmAcrcKs Y

T THE EXISTENCE A ND LOCATOR CM ANY UN DEROROUND U NITES OR STRUCTURES SNOWY ON /IVES MAN S ARE SHTAIN£D DY A SEAR CH CAT AVAILAB LE RECORDS TO RIB' DST CE OUR ANOMEWE THERE AR E NO EXISTING WRITES E XCEPT (N OSE SH ORN ON ESE PLANS. THE CO NTRAC TOR IS REQ UIRED TO TA KE All PR FCALTIOM'ARY MFASDR FS TO P ROTECT THE ['M ITES SHOW N, AND ANY O THE R LINES OR S TRICTURES NO T SHO WN 05 ES E PLANS AN D /S RESPON.'9BLE FOR THE P ROTECTION Oh, AND ANY DANAGE /D /H LIN ES OR STR UCTURES 2IT SH ALL BE T HE CON TRAS ORS RESPOVS Bs' TO TO N OTF Y INC DIN ER OF ALL :MUR ES OR STRUCTU RES CORER .° BEFO RE STAPP ,- uga0 .

J WANTTES SHOWN (HER O. ARE P RO,JEJ F OR D OJD IN , P URP OSES ONLY CONTR ACTO R SH ALL &F R £SPOV: BLE FOR VER EWNG ALL WAN TIT'ES P RIOR TO SOO /NG G OP C ONS .. TO N THE PR I.0 /F ENG IN EE R S.WESE PLAN S S ESP./SIDLE FOR ASSUME, E ATER CIT A.

ACCEPTABILITY /A TIE DCSI. CN'ERCON. /N TIE C-E Nr O* PSGRE'P ANC/E S AR IS ING ATA ER APP ROV/IT OR DUR ING CONSTRU CTION, OF PSI% S FN :NER SH ALT BE RESPONSIBLE FOR T£R/ D EAN NG AN ACCEPTABLE SO.I. AID RE EL. TH E P UNS FOR APP ROVAL BY DIE Orv.

IA/F
SCALE:

INDEX MAP
CB. 2A ID/4".Sh.s:H� - /

ONE IA IR
Om^ 7.6 I TS
OvN� 7.6 CFS

CITY OF BEAUMONT, CALIFORNIA

STREET IMP ROVEMENT PLA NS
T RACT NO . 314 62-23
-.6)5 <es/i/
NO TE
I.APPROVAL OF ESE PLAN S APPU EO ONLY OUTR AN RIC . PU,P 50/CRON OF TI/C CITY OF BEAUM ON T.
• TREN CHING FOR WR IT ES AN D STR UCT UR ES IS NO T ALLOWE D C'N RL SOIL COITPACTlp4 REF URI IS SUBMITTED ANC APPROVED BY INC PUBLIC WORKS DEPA RTME NT.

J. THE CS RESERVES ME RIGHT TJ R EQUIRE R EV SIO V OF TIE APPR OVED

P LANS TO CONFORM RUTH CURRENT STANDARDS AND TO POST A NEW BOND

IT CONSTR UCTION I/AS NO T C OMMENC ED SINN MO YE ARS AFTER PLANS WERE APPROVED.

9. SIDEWALK AN D OR IDEA Y AHP HOPCNES WEL N POUR EU/LYAN SIRUC /EU O NLY AFTER DPI:FRAY LOCH IONS ARE DETER MIN ED.

C.B . 28 W- IP
Or IDS Cry
O ee IP A CFS

DER- IBB PS
CD / 29 WPIO' \T
Qs" I.J LTS I ,
GTE - JD LS \
OmN=4JCS

CON STRUC TIO N NO TES ARID E STIMATED Q UAN TITIE S
ITEM
(.-ONSTRL/ T J' I.G OVER 6" A&
C'OI5' IMTT lWF A-6 C.MB WP COVEY OF RN £195EE STANDARD /5 AID C.WSIR'IIL' / SW MAK PER LOW//Y S RASED SIAMXIW PLAN Mt 4 11 (GREW. HEMS F/9M DLMN//IT) ® c. (/SMEr BAPACNB P EA COL'N /Y OF HI l'ERS DE sm.. NO 8'9 05 INSTALL OTRYEI RAE' SIGN PER RNEHSN. E SID ma ST6
® CPA/S/RU CT COW/ &A MP PER CQUNIY S RAFTS. STAND. NO 40.1 CO Ns/RITT LROss-CETRR WP LYWVTT OF RN ERSRE 0/S PARD ND sop ® COLS'TP(Tr LAMER SPPESSIOV CAS£ d PM M IER90E SWANK S/ARMRD RO !II ® CT AIGRNT / GI/I//N LEH1'ESSPM. /01/ V. RIH M KRSE WWI 5' /ANMM, NO J/I ® NOT GOOD
O AG / USfW
!© CODS.. P ESENTA L CR OWWIT PER COMA OF MAR 90£ SC HO ZOr DAPIP ' O REMAY SUBJECT TO CN NTE I/SO? A ML FOIE H .R . A RE DETER OP E0f E S/AU RI SNP S. ON SIRf£/ m ar SYE MSr
RE RMOMAA/K RIPE Ddb/ DE WR MIENS SAV1OD A24C
I® /HE ASELE K' S/W' PAVEMENT WPM PER DLIMNS SW.. 0240
1® EMI Mfr RET /F CTK RAT GYOE/YI A/TApM ANSWERS PfR GTA T LA AST TOTAL
56',6(!' ES
JOS LF.
10970 SF.

N LT.
1 EA
TM SF.

Z EA
LA
BI CO
th
I EA
6A.

TYPICAL 50' SECTIO N
IVES .

SORENSTAM DRIVE, LOVE CANE & ZOETLER STREET
MOW ED MOM. CONEY SI D IOC SECTION A
TI = S.S J A ,C /SFN. COLT OHA fi A.R GMSWFO
M UM R' 11UE = JD
UV OER GR X.W SITKC7L4 ES
uN/pM RJU SO 'DRIEES OR S/R/F/ORES RE PORTED BY /MME OMER OR OMENS AND RODE 0IONN nIE RECO RD CY rD AW" M Mm nawl TEE
AI .H rVxuli [G'A NR ARK/ tXTE NO //E MM. BY ACO RN. MESE PA NS OR PRO. 'LTDI NG AI R/ 4IWpK MC NT * MOM ASSET S TO RESIN. F P.

Y
PRY/ /U HOLD O KENSXE O / MMILESS PLAN ANY OMTD H RESO LING P. THE EOEMTR D' ✓ NIN RGYOL A SRI R S 1 PREM. NOT REMMTED TO TF

LWLEROGE R NOT W OOED ON RE WET REC ORDS EYAA/I UE' LOCATELI AT ROSE MM iLAT RF D OR SHOWN ON RECORDS FXAM//TE NYE CAYTRKTDR IS REQUIRED IV LIKE DUE POEM NRXN,Y MEASURES S/S' TO MOT S / DE !MITES CE

F W HERE
SWIM /JRI ANY OMIER ['DITTIES OR SELCTOES R AND AT RE SITE R .STALL E RE CORMCNRS RES PONDER. TO NOW at DIALS S THE MSS OR ST RUCTU RES C OM, YR NE O SOME SI IFtti WORK
CR JT W=10 '
Dr &/ CTS
/5WP &A LAS
OE xa 96 CFS
I FSAAL DE$CSIP/ION
ISM or AC WV WBEA AHAT TOWNE
we e.. swo CAWNEA Hun. wow/
MO co.

GEL IX WP/4 '

OAT AG CFS
OE=4.6 WS
ONx^4.6 OS
/ CD /
\� / DoNOR= 8 .0 CSDee x- 90 OS
CPU ♦\ ♦✓.

OIYA6i[ApES OF C_T•'

DIEM AGE HOMES OF CALIFORNIA
5 PETERS CANY ON SUIT Jl0
IRWN L, 916(16
S49) 299DI -3840 OF OCE
(310) 256-9715 ROBE
CON TACT EFR EV JOE'S.

Wage TO BE PONE

ME MPROVE MEN'T ACRA SHALL BE PERFOR MED IN ACC ORDA/ICE WARN T HE FOLLOWING COCUME N/S CURRENT AT THE TI ME OF C ONST RUC TOR.. AS DIR ECTE D BY THE CITY ENGI NEER.

I. MEAUMO NT MUNICI PAL CODE.

A F OR STRE ETS: RIVE RS,. COU NTY ORDI NANCE NO 461.
2000 CO NT ROL FACILITI ES T HE RIVE RSIDE COU NTY FLOOD CONTROL A ND WATER CONSE RVATO R DIST RIC TS STANDARDS FO R ROOD CONTROL FACILIT IES .

SANA RY SERE R F A.'IL'4 ES: T-£ EASTER N MU NI CIPAL WATE R DISWIOFS

STANDARDS FOR SARI TAR SE WE R FACILITIE S

ALL OT HER PUBLIC SO T HE STAN DA RD S PEOMCA DO NS FOR CUBIC WO KS CONSTRU CTIO N (GREEN 6005) .

J THI S SET OF PL ANS.

A. RFSOIWTTON NO DATED
S SOIL S RE PORT A NC REC OMMENDA TIO NS BY ALTA C ALIF ORNIA GEOTEC HNNAL I NC.

GA. 45/1%20!0
DECLAR4710NO F BICa WEB7 C7F ECORD-
I ASSY DEC.. TH AI IN MY P RO FESSION, OPINION IRE DESIGN OF T HE I MP ROVE ME NTS AS IN EWN ON PIEJ E PLANS COS' UCS WIL L TI E GCE.

MSBSHI&EL ENGI,Y CF S SIAN!' Ros AND P RA,TLE0. AS T HE E NGI NEER IN 00000'SIV E GV/SO A OF SE 0 £SE.V DS THESE ;RE PROV E✓E RGS , I A CS P! HAD RLS S DTOY SUCH /CS /AC. I INO£'+SM' N A40 AL KNUWHE/R //MT THE WAR CHECK LY REA PLANS EY T HE GP OF 8E/OMC NT S A REIBW FOR TEE

LIMED ADIPOSE OF ENURING IW,I IS/A PUNS COMPLY MEIN IR CIA NITC 'E TRES AMA I NNS A"LJCASLM CY EMS ANL ONOMER CES ME HAN RENEW PRO CESS 5 MIT A TO SUED
e0V OF RE DOTS MT
AWO .N^.r OF TM/ OM.

OF EWPMONT MF NIS . SU- PI/N CHECK DO'S' RGT Intnome MIEIE IF OF MY DES IGN RES0.vSE NTv
AS ME EN DRES OF RECORD I AGREE TO WENT ARO /Al1MEY AE CITY OF BEA MN .N; DS ✓RICE RS /5 AGE NT VIP ITS EMROTEES FROM ANY AIM ALL

LMLKITY, CW MS DOMES OR MARLS TO ANY POSBN OR ASISRIF A MWN FROM N EG.., ACA, ERRORS DR LMNSS T//S S Nt ERL'NEEP OF RECORD NS EAE D/EES IF£AGE NTS QR MS L1M `XNMS
?E 1
GEORGE NU N I E WS, M OT. 45920 DATE
EXPIATION DATE 11-SI-MR

1.60130
RT/I"C F--WAY, %W
RIM[ WONT - B" -WAY, R/W
IMCT BO.MOR.Y
ITNTCRE/AE a

RTR SNW O&M
EX.. STOW OREN
DIE.. OF HIT E
POP 5/1/5' ON -STREET w NE //SO

S ECRETE
K' HI NDI:

AC OVEWA% YM/ DEMO

PROPOSED ETRT TREE
PROPOSE D G. BA SH

FE HHNM/

SD CL EAN/IMP

GUN A CUIRR

RO W LA E

PRO PERTY UNE
Alp MHEDRL F MM.

REDUCED S PEED AHEAD SIGN
A RAQARS SET za X 19"
P. ANN TOO TA 8509" RUS T.
(RR. co SE. A MON)
PREMikaBri
HHACIE£ INSNUMI NG CO SUL/ANTS WEST E'.
25'IDUO
R9 .ET E R. AVE NUE
MIR

ASSESS ORS PARC EL " NO
PROP.

EXISD
L CR
/S
EP
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AC
AB
6, R
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(111&02)
Ir
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NOD NO. 833C364442

PROPOSED
EXIST.

CENTES UNE
/1 0 NP OF CLA W

W RY LINE
TW EED .ETAS
EDE S MIEMEN.

CAIGN 6651N
ASP.. SACRED-

AOCRE ,AE RISE

T ECH CYAN RE/MN

END CLAM RETURN
BEGI N VER R✓Y CUR £

IEEE VERN AL CURVI-
ER') SEI .AL C OVE
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OWING EMOTION

PRIO GSTD B/EMM EN
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STRRICH EET
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VEAl/AL
KPT. CORK'

POINT OF WIERSECIIOV

PONT UI WRIER E RRLICMN

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.IRA N N.,RD
I'I DEX OF s 'r/E C/Ls
S HEET / - PRE Sri - R;RNIY MAP cam, NOTES - :ECBM
CI Ns1FLM"TOY NOTES - R EX IMP - TYPICAL SECTIONS - O NHTTES S/E'ET 1 - ZOEiLER STREET STAN /003223 /0 SA H.R.

SITENST AM M OUE ST.:, /0/.1891 RI ST AN 190 2400
S PORT ) - SPRIG AM PANE:R 204 MO O N ST A. 24/67.91
LONE UNE SA IOIE9I r0 STA EIDEZ
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811

BENCHMARK

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OG VCIIMARK DOT SS IN TOP PY
; ON O'., MO N EN STAMPE D MET
ION 'NB2' OD66666 LAWN ON , D
ME DRIK FROM DESERT iF WIS CEMETERY ZBJ Fr. N.E. E DR IVE IEIx,N E 24. 9 LN. E- .

EDGE OF TIE S OUTH E SIBOUND LANES

JF INTERSTATE H IGH WAY ID
FLEE 2491 44. NGVO 29
D FSUIP TIOk
i_. _. a♦Y X. .C.
ii

PROENGINACTIVE EST

REVISIONS
OEsp M
sG AS
AS
p rt
Rnle eec BY: +"]✓T Dec .

Recommend ed
TIT
TOT API/To wn By ..-.. ,._... PM Dote,
Dula: 11/1612021

CITY OF BEAUMONT, CALIFORNIA
CITY OF BTA UMONi. PUBLIC WORKS DEPA RT ME NT r M/bab

STREET IMPROVEMENT PLANS
TRACT NO . 31462-20
TITL E STRtt / - VICINITY MAP - GENERAL NOTES

LEGEN D - CONSTRUCTI ON N OTES - INDEX MAP

TYPICAL SECTIONS - OU ANITTLES
SHEE
OF _4 SHEET
3407

AR GENT MANAGEMENT

Lit T
2146 .._ . _.

PROPOSED T.C .
0 LEFT
6• -
I
DUSTING GROU ND-\/ l
O C.L.
1099' LA0242'
4 i :alp-- -1e
SI�s
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r n.w
PRCPO SC.

O RICH
u�4
R AE NIT94Nf 24
= EVE P 1341XN T 444947,
TYPICAL PAVEM ENT M4RKER LOCAT)CR

DETAIL A
25 ::446 2 NaK in g D ays
Before You 1091
811
26 e4
27 A
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AG
23 22p

1. \1
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PROPOSED T.C
j ORIE NT
26 �3 M AT
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29 BEN CH MARK:

SCR/1200M USGS MOM/IlENr " poor
//HARM OLEN SET IN TO P Or
MONU MEN T T STAM 'ED "RES T

ON D ESE RT LAWN D RIVE ACR OSS
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407 44.6E259 A T. E.W OF134ESW.

OF 5 /E 5005/ EIS190UND LAN ES
MTERSTAFE MC., 10
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21 • IN
3 .361
3,
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As 32
PROPOSED 4 2" R CP SO PEP 10. 31452-23
STORM DRAM PLA N (FW 2021 0704)
A

ROPOSED FS
O CL

P RO POSED LC

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EXISANC GROU ND
O CL .:

CR 410 /2464
145
74 RAMIS
LEIGIN
4VAZ M
. 2' 4856
L12M'

22. 48'

11.25•
90 7152 6
5640'

94. 48'

59.97'
6835'347 25%'

41.5 1'
2272'
71271706'
271271706'298046.
2/840'
25 211•
10516•
26 2316
. 14000
191. 62'

99.20 35 35'16'
2 8200'
/6012'
9 425'

8. 026 114"2540'
3583'

21.77 71134226
28200
/56.%'
80'9•
()
314270
340. 90
16802'
SI 19'
66 5901'
rS%'
J7.%'
214 2'
20 48!6
667109'
/671 48'
5880L
69/5'21"
525'
61 11'
.1592'

DESCRIPT CA

P ROAC TIVE

ENGINEER, WEST
11100
14100
15100
6100
0100
/f,I7
SEAL
PROPOSED Sc .

O LEFT
Ay
A
�— PROPOSED 6" SENEA PER M. 31462-23
SEN. PUN ( 942021-0702)

SOREN STAM DRIVE
tie!
lie e 39
I J
Dm9: ..L16 -C.2.1.2 .-
Review= Byr
R ec onana ndeNi
for Approval 91-
1,
pprP ac 3y: �•• te •IT/p'•.a>t:L nj;�
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12 IOW KC
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C.L.
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—PROPOSED ro;

O LEFT I
ARIi 9235
/
PROFILE SCALE:
110,2 E,40
NEW,, 1"-4'
19100 20100
cl re0C7 ' OVE R O CpgJM6 T AG 0 344 6 A8
© 6'4509567 010"A-6 612& PER COVINE or ,/4£1400 6 564460) An 440 © C(ARS1R4C7 5666411 PER '_1X95' OF 941,90E 00,441405446/10. wl Q ttIr1MKT SlIed n a PFI /042247 07 44344495E SI R v0 . 810 r (4 A54L( S0XE7 NNE 570 .RA 9HA94C 5RI. AR 816
© 662 66/6/ CURD RAMP PER 40010 OF 1 5E RSILE 56416(69 Na 402 C46EA G• 6 0503446) CD/I& /X1%4590% 44470 8 5447 Rr /£4 7104 MIR Y SLAOWO 4D 3.1 PI TH NSW PER SEP. MANE
® 40656446, ars on.l70 09444:' PE R 2444 #4 C4' wRA6f 28 443 M- (RAW RRAEM%Y w an" µ aiw ar MEN MIL 1µ4g i0 00105 ARE /ERMm9) 99OLL £K MTl9DMf FIRE MA9/IT 04412434, MARKER; .FEN O`"T/ R A 997'1 P.

I I
39 1 40
5110 O1 BEAU
OM. PUBLIC WORKS OEPARRAEMI
10 4—PR5a0SED 6 .946 444148
704 10 2/462-22
ER MIN
1111612021
Opta;
SCALE: 7 •"40'

CITY OF BEAUMONT, CALIFORNIA
10'
7 026131462-20 440 06462-23 ARE
4DRSIRUCIm CONCURROI47 5(1444/0 5
101 REOlAVED.
120

STREET IMPROVEMENT PLANS
TRACT NO. 31462-20

ZOELLE R STREE T
STA I0 +3222 TO STA 11 +94.14

S ORENSTAM DRIVE
5TA• 10N897 TO 5TA 20 +00 .00
SHEE
2 OF 4 SHEET.
3406

ARGENT MANAGEMENT

'v
W
CD
850E 10 9ZZ
LEFT
22351 PROPOSED i'.C .

OUT
3 \
RIGHT
2235
A.R:11:.O5LV ITS.

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rO, u rn , e s on
! • ; 4 4)/48
4;4-
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N
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CL
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2235 2240
LEFT
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PROPOSED
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LEFT
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2240
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S
10M0 11400 12000 59+00

S ORENSTAM DRIV E
SEE SHE ET 2
L 25' Jam
14 SokFNerAmggAE
3r_E S/E-E-72
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59/6/7__
u.r,;11/1B!2021
QT• OF 3'AUVOFT, CAL CRNIA

STREET IMPROVEMENT PLANS
TRA CT NO. 31462-23

SORENSTAM DRIVE
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CITY OF BEAUMONT, CALIFORNIA

STREET IMPROVEMENT PLANS
TRACT NO. 31462-23

SIONA GE A ND STN/P/NG
SHEE
4 OF 4 SHEET
3407

ARGENT MANAGEMENT

BEAUMONT

CALIFOR R M A -
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.beaumontca.gov
Case No. PW2025-0206
Receipt No. R01648876
Fee $ 725.00
Date Paid 4/22/2025

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

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

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

5. Contact's E-mail [email protected]

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

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

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

Bond No. 30148217 / TR 31162-23 / Sewer Improvements
New Bond #: 9473416

6. • CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.

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

7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City.

Print Name and Sign — Contact/Applicant Date

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

Print Name and Sign — Contact/Applicant : e

RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

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

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

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

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

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

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

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

FINANCIAL INSTITUTION:

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

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

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

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

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

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

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

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

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

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

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

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

3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement.

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

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

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

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

5. Reserved.

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

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

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

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

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

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

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

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

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

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

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

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