Bond No. 30148221
EXHIBIT "B"
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 fli a Eijhn o ana 2s oosa 3858125 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]
Y
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on January 21, 2022.
(Seal)
(Seal)
The Continental Insurance Company Meritage Horses of California, Inc.
By:
Name: James 1 Moore
Title: Attorney -in -Fact
P . {AL
By:
Name: CQLE'V A . -rt4
Title: qP-. LA,v.7 ►7 11(7/..46.1e,477 -
Address: 151 N. Franklin Street By:
Chiatgo, IL 60606
Name: WA\CI1/4 fiCVNZZIa-
Title:N1) b
Address: 5 Peters Canyon Rd. Ste 3j 0
Irvine, CA 92606
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC c)
ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF ARIZONA
COUNTY OF MARICOPA
)SS
}
On February 1, 2022 before me, A. Malys Notary Public, personally a Pe Y ppearea
Glen A. Tulk, Vice President - National Land Development of Meritae Homes of California, Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by has/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal_
Signature
J L A. MALYS
NOTARY punuc -ARIZONA
iV AFi ICOPA COUNTY
COMA11SSFON # 590544
MY COMMISSION E PENES
OOTOSER17,2024
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL.
r 1 CORPORATE OFFICERS) i _ LE(S)
❑ LIMITED
PARTNER(S)
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Per -son 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 DR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Repr:xhic d sjy First Amcti:an Tale Ccmmny !1/2407
ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF
ARIZONA
COUNTY OF MARICOPA
On February 1, 2022
before me,
)SS
Jeanne A. Malys
, Notary Public, personally appeared
Hilla Sferruzza, Executive Vice President - Chief Financial Officer, IVIeritage Hones of California, Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the r authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
eiolt,4_ a. i'104-,
JEAPNNE A. MALYS
NOTARY PUBL.JC - ARIZONA
MAA1COPA COUNTY
COMM5SION # 590&'}
MY COMMSSSfCM LXPIRES
CC IOBE8 17, 2024
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so documents.
INDIVIDUAL
CORPORATE OFFICER(S) III LE(S)
E-1 PARTNER(S)
ATTORNEY -1N -FACT
TRUS ItE(S)
❑ LIMITED ❑ GENERAL
GUARDIAN/CONSERVATOR
r 7r OTHER
SIGNER IS REPRESENTING:
may
prove invaluable to persons relying on the
Narne of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMEN1
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by Flr;t Ame,cit Title Company 11/2007
STATE OF ILLINOIS.
COUNTY OF.DUPAGE}
On January 21, 2022, before me, Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared, James I Moore known to me to be Attorney • .in•Fact of The Continental Insurance Company, the corporation described in and that executed the within • and foregoing instrument, and known to me to be the person who executed the said instrument in behalf • of the said corporation; and duly acknowledged to me that such corporation executed the same.
IN WETNESS 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
#
li f ,`
i\j
Sinem Nava, Notary Public
-"—1OFFIgiAL SEAL
SINE,/ NAVA
Notary Public - State u Illinois
Comma issr i Ex ,fires Aq, 2B, 225
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a .Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
James I Moore, Stephen T Kanner, fawn L Morgan, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Cornb, Tariese M Pisciotto, Diane M Rubright, Martin Moss, Individually of Downers Grove, TL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, sea] and execute for and on its hehal f 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 Boar! of Directors of the insurance company.
In Witness Whercuf, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto atiixed on this 20th day of June, 2021.
The Continental Insurance Company
Paul . Bruflat ire President
State of South Dakota, County of lvliturehaha, ss:
On this 20th day of June, 2021, before me personally came Paul T. Bruflat to me knowry 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 atJixed pursuant to authority given by the Board ofDirectors of said insurance: company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
M. BENT
NOTARY PUBLIC
SOUTH DA www.cnasurety.eon > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
CONSTRUCTION COST WORKSHEET
Approved
NV5
11/14/2021
PARCEL MAP OR TRACT NO.. Tract No. 31462-23 Storm Drain Improvements DATE: October 26, 2021
PP, CUP NO.:
BY: George A. Lenfeste.'
IMPROVEMENTS
FAITHFUL PERFORMANCE/
LABOR AND MATERIALS SECURITY
(150% of Estimated
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
$
$
438,581.25
438, 581.25
98,680 78
$
7,309.69
500.00
11,695.501,695.50
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 include additional 20% for recordation prior to having signed plans Above amounts do not L, :.� include additional 20% for recordation prior to having signed plans l 26 -Oct -21
Engineer's Signature Date
George A. Lenfester
Name typed or printed
Civil Engineer's Stamp
*****PLEASE READ INSTRUCTION BELOW*****
1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Improvement Requirement Worksheet".
Show Bond Amounts to the nearest $500.
3. For construction items not covered by "City of Beaumont Improvement 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,
Af:',O6.002.0001DrawngskPA-22iDocumentslCost Estimate4C aqtA 5'1#8245'§hirm Draw; xis 10/26/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Tract No. 31462-23 Storm Drain Improvements
DATE 10126/21
STREET IMPROVEMENTS
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
Roadway Excavation
-
C.Y. •
1. Projects with a .grading plan area x 0.50'
(hin€,te point to hinge ?oint)(652,80.Q sf)
$
5.50 $
-
2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fill (l 3
.-_.,
C. Y. (c or f)
(a.) Excavate and Fill
$
0.40 $
-
C.'Y. (f - c)
(b.) Excavate and Export
$
1.10 $
-
H
C.Y.
(c.) Import and Fill
If balanced, provide (a) only, either cut or fill
If export, provide (a) & (b), a-Ti€l, 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.)
$
1.20 $
-
S.F.
Remove AC. Pavement
$
0.50 $
-
L.F.
Remove Curb and Gutter
$
4.00 $
-
L,F,
Remove A.C. Dike
$
$
3.00 $
$
-
-
S.F.
Remove Sidewalk
$
3.00 Ea.
Reprove Barricade
$
$
500 00
$
-
L.F.
Sawcut & Remove Exist, AC. Pavement
$
3,00
$
-
L.F.
Stam.)ed Concrete
$
450.00
$
$
-
L.F.
Sandblast existing striping
$
3,00
S.F.
Remove and Replace Cart Path
$
4.00 $
-
$
-
,$
-
$
-
$
-
$
-
$
-
10/26/2021
• CITY OF. BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Tract No. 31462-23 Storm Drain Improvements
DATE: 10/26/21
STREET IMPROVEMENTS (Coned.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
Remove Chain Link Fence
$ 2.50
$ -
EA.
Remove Barricade
'i 200.00
$
f
TON
Asphalt Concrete - 144 lbs/cu. Ft.
(334,073 sf ke(c:). 0.40')
$ 45.00
$
f ON
Asphalt Emutsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) 334,073 sf)
Apply at 0.05+ 0.03 = 0.08 Gal/SY
$ 400.00
$ -
S.F
AC overlay (min. 0.10')
If export, provide (a) & (b), a=fill, b-=-cut-fill
Tf import, provide (a)&(C), ,=rut, 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)
$ 0.40
. ....
. .. .
$
S.F_
Remove A.C. Pavement
$ 0.50
$ -
L.F.
Curb and Gutter (Wedje Curb)
$ 8,00
$
L.F.
Curb and Gutter (TypeA-6)
$ 10.00
$ -
L.F.
Type "C" Curb
$ 10.00
$ -
L.F.
-
T'pe "D" Curb
$ 15.00
$ w -
L.F.
A.C. Dike (6") (incl. material & labor)
$ 5.00
$ -
L.F.
A.C_ Dike (8") (incl. Material & labor)
$ 7.50
$ -
S.F.
P.C.C. Cross Gutter and Spandrels
$ 8.00
$ -
S.F.
P.C.C. Sidewalk
$ 400
$ -
EA.
P.C.C. Drive Approach
$ 640.00
$ -
- EA
Handicapped Access Ramp
$ 1,000.00
$ -
EA.
P.C.C. Drive. Approach .
(individual' lot driveway approach per finished grading plan.
$ .. 640.00
S
S.F.
Cold Plane & Overlay Exist. A.C. Pavin=g
S 4.00
$ -
S.F.
TEMP P.C.C_ Sidewalk
$ 4.00
$ -
EA.
TEMP. Handicapped Access Ramp
1.000.00
$ -
•
10/26/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Tract No. 31462-23 Storm Drain Improvements
DATE: 10/26/21
STREET IMPROVEMENTS (Contd.)
QTY.
UNIT
ITEM
_ UNIT COST
AMOUNT
EA.
Street Name Sip
$ 250.00
$ -
EA.
Delineators -per Caltrans Std. A73C,
Class 1, Ty )e.F
$ 40.00
$ -
EA.
Object Markers - Modified Type F
Delineators, Riverside Comm
$ 40.00
$ -
L.F.
L.F.
Barricades
$ 28.00
$ -
_
Utility Trench, one side (Edison, Telephone, Cable)
(Total length of streets)
$ 10.00
$ -
L.F.
Chain Link Fence (6')
$ 12.00
$ -
L.F.
Remove Fence
$ 4.00
$ -
EA.
Remove Power Pole
$ 1,200.00
$ -
EA.
Street Lights (including conduit)
$ 5,000.00
$ -
EA.
Street Trees (15 gallon)
$ 150.00
$ -
L.S.
Landscape and Irri=gation
$ -
$ -
EA.
Concrete Bulkhead
$ 200.00
$ -
C.Y.
Structural Reinforced Concrete
$ 400.00
$ 300.00
$ -
$ -
EA.
Slope Anchors for Pi )es
L.F.
Cut Off Wall (Std. 2')
$ 5.50
$ -
EA.
A.C. Overside Drain
$ 500.00
$ -
EA.
Under Sidewalk Drain
$ 1,800.00
$ -
S.F.
Terrace Drains and Down Drains
$ 6.50
$ -
S.F.
Interceptor Drains
$ 6.50
$ -
EA.
Gutter Depression for Curb Opening Catchbasin
$ 1,500.00
$ -
EA.
Access Driveway for Storm Drain at Cul-de Sac
$ 640.00
$ -
EA.
"STOP" Pavement Marking
$ 200.00
$ -
L.F.
Limit Line
$ 2.00
$ -
EA.
R1 "STOP SIGN"
$ 250.00
$ -
EA.
W53 "NOT A THROUGH STREET" Shim
$ 250.00
$ -
EA
CONCRETE LIGHTING
$ 2,500.00
$ -
$ -
$ -
$ -
10/26/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Tract No. 31462-23 Storm Drain Im
movements
DATE: 10/26/21
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
C
C.Y.
Ri a 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 Ra) (1/4 Ton) Method B
$ 45.00
$ -
C.Y.
Grouted Ri i Ra.s (1/2 Ton) Method B
$ 55.00
$ -
C.Y.
Grouted Ri ) Ida a (1 Ton) Method B
$ 60.00
$ -
C.Y.
Grouted Ri) Rap (2 Ton) Method B
$ 65.00
$ -
110
L.F. 18" R.C.P.
60.00 $
6,600
407
L.F. 24" R.C.P.
L.F. 30" R.C.P.
L.F. 36" R.C.P.
65.00 $ 70.00_
$ 80.00
$ 32,560
394
L.F. 42" R.C.P.
$ 95.00
37,430
L.F. 72" R.C.P.
$ 200.00
L.F. 30" C.I.P.C.P.
$ 50.00
L.F. 36" C.I.P.C.P.
$ 60.00
221
L.F. 60" R.C.P
$ 160.00
$ 35,360
55 L.F. 48" R.C.P
$ 110.00
$ 6;050
595
L.F. 54" R.C.P.
$ 150.00
$ 89,250
EA. H.D.P.E. Clean Out
$ 400.00
EA. Drain Basin
$ 400.00
EA. Curb Outlet
$ 3,000.00
EA. Fossil Filters
$ 500.00
EA. 18" C.M.P. Wye
$ 500.00
4 EA. Riprao Headwall
EA. Concrete Collar
$ 1,000.00
$ 250.00
$ 1,000
EA. Transition Structure No. 3
$ 2,500.00
EA.
Concrete Inlet Structure
$ 5,000.00 $
L.F.
12" HDPE Pi .3e
$
31.00 $ -
L.F. 24" HDPE Pipe
50.00
10/16/2021
CITY OF l EA1TMONT PUBLIC WORKS DEPARTMENT
•IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Tract No. 31462-23 Storm Drain Improvements
DATE: 10/26/21
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
60" C.S.P.
$ 11.00
$ -
EA,
Catch Basin W = 4'
$ 1,700.00
$ -
EA,
Catch Basin W = 7'
$ 3,000.00
$ -
3 EA.
Catch Basin W _ 10'
$ 4,000.00
$ 12,000
2 EA.
Catch Basin W = 14'
$ 5,500.00
$ 11,000
1 EA.
Catch Basin W = 21'
$ 7,000.00
$ 7,000
EA.
Type IX inlet
$ 1,800,00
$ -
EA.
Type X Inlet
$ 1,800.00
$ -
EA.
Junction Structure No. 1
$ 3,000.00
$ -
O
EA.
Junction Structure No. 2
$ 2,500.00
$ -
EA.
Junction Structure No. 4
$ 3,700,00
$ -
EA.
Transition Structure No. 1
$ 2,000.00
$ -
EA.
Transition Structure No. 3
$ 2,700.00
$ -
EA.
Manhole No. t
$ 2,700.00
$ -
EA.
Manhole No. 2 -
$ 3,300,00
$ -
EA.
Manhole No. 3
$ 2,000.00
$ -
4 EA.
Manhole No. 4
$ 4,000.00
$ 16,000
EA.
Adjust Water Valve (ifno water plan)
$ 150.00
$ -
EA.
Adjust MH to ;;ride of no sewer plan)
$ 340,00
$ -
EA.
Caltrans D90 Tyoe B Concete Headwall
$ 5,000.00
$ -
Remove & Dispose of lnterferrinn 30" Storm Drain
L.S.
and 36" Riser
$ 500.00
$ -
EA.
Remove & Dispose of RCB Headwall & Wirt;4wall
$ 10,000.00
$ -
L,F.
Concrete Bulkhead
$ 25.00
$ -
EA.
Outlet Structure
$ 5,000.00
$ -
EA.
Remove Existing Headwall
$ 1,000.00
$ -
EA.
Concrete Flared End Setion
$ 3,000.00
$ -
EA.
Downdrain To Pi )e Trans.
$ 500.00
$ -
$ -
$ -
70.26/2027
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Tract No, 31462-23 Storm Drain Im
)rovernents
DAIL: 10/26/21
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
UNIT COST
AMOUNT
I EM
EA.
Water Quality Structure
$ 2,500.00
$ -
L.S.
Concrete inlet Apron'
$ 11,000.00
$ -
L.S.
Emergency Spillway
$ 27,000,00
$ -
L.S.
84" Storm Drain Grate
$ 5,500.00
$ -
S.F.
3' Wide V -Gutter
$ 4.00
$ -
EA.
Energy Dissipater Impact Basin
$5,000.00
$ -
EA.
Pipe Anchors
$500.00
$ -
EA.
Forebay
$5,000.00
$ -
L,F.
Double Box Culvert
$1,000.00
$ -
r
EA.
Inlet Structure
$5,000.00
$ -
EA.
Culvert Warped Wingwalls
$10,000.00
$ -
Subtotal:
A.
Subtotal
B. Contingency (15%)
C. Streets/Drainage Total (A + B)
.wwrwwsn itkor e.****-*. -*** *OrI*******X-Ort't+Mewlt RxltwMwAwx r*eAkk*s+k-Ivhtt.k*IrkJrw-ARC..,.Incc.11r*-khwtk****** ,l-****** $ 254,250
$ 38,138
292,388
10/26/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Tract No. 31462-23 Storm Drain Improvements
DATE: 10/26/21
SEWER IMPROVEMENTS
Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable quantities as part or street improvements.
QTY.
UNIT
ITEM
UNIT COST
AMOUNT €
L.F.
4" V.C.P.
$ 10.00
$ -
L.F.
4" P.V.C. Force Main & Fitti as
$ 10.00
$ -
L.F.
8" V.C.P.
$ 30.00
$ -
L.F.
10" V.C.P.
$ 35.00
$ -
L.F.
12" V.C.P.
$ 40.00
$ -
EA.
VENT -O -MAT AIR RELEASE AND VACUUM VALVI
$ 3,500.00
$ -
EA.
Standard or Terminus Manholes
$ 2,500.00
$ -
EA.
Drop Manholes
$ 4,000.00
$ -
EA.
Reinforced Shallow Manholes
$ 4,000.00
$ -
EA.
Cleanouts
$ 500.00
$ -
EA.
Sewer Y's
$ 25.00
$ --�--
EA.
Chimneys
$ 300.00
- .....
$ -
EA.
Adjust M.H. to wu ade
$ 340.00
$ -
EA.
NEOPOXY MANHOLE LINER
$ 1,000.00
$ -
EA.
4" P.V.C. Misc. Fittings
$ 120.00
$ -
L.F.
Sewer Pipe Sleeving
$ 36.00
$ -
EA.
Sewer Lift Station
$ 150,000.00
$ -
L.F.
12" P.V.C.
$ 40.00
$ -
EA.
12" P.V.C. Misc. Fittings & Plugs
$ 200.00
$ -
L.F.
8" P.V.C.
$ 30.00
$ -
EA.
- --
8" P V . Misc. Fittings & Plugs
$ 190.00
$ -
EA.
Backflow
$ 250.00
$ -
L.F.
4" PVC. ("7 Lots n, 25' Avg _ Length)
$ 15.00
$ -
--
L.F.
8" P.V.C ANSI/AWWA (C-900, CL. 150)
$ 30.00
$ -
L.F.
8" D.I.P. (AWWA CLASS 150)
$ 50.00
$ -
Subtotal
Contingency (15% x A)
Sewer Total (A + B)
:*******************#*********************dS***P.R1s **kk..**.**k-XNP'n,W Wt*F}Y3C***YRS 41.Rr:K.pm*![****************kk.*k#k***************************.
10'26/20.21
GENERAL NOTES:
L THIS PUN SUPER.. ALL OTHER PLANS PRE NWSLY APPRO. BY ME CITY OF BEAU MONT REGARDING IMPR OKMENIS SHOWN LW THIS SET R PLANS.
2 APPROVAL R MIS PLAN DOES NOT LESS. OR ER OTHER 20051 EY WAIVE 04 YP ORTION OF TH E ALAOMOCU MENUUNUICIPPALCODE,
RESOLUTION OF CONDITIONAL APPROVAL, CITY R
HEREIN AS THEY MAY PERTAIN TO MIS PRO JECT . ME B OWER IN RESPONSIBLE WAR. SHALL REVISE THESE PLANS WHEN NON-CONFORMANCE IS DISCOVER..
3 CITY APP ROVAL OF PLANS DOES NOT RELIEVE ME DEVELOPER OR ENGINEER -OF -MARK EBM RESPONSIBILITY FOR THE CORRECTION OF ERRORS AND OMISSIONS DISCDYEED DURING CONSTRUCTOR .
ALL PLAN REVISIONS SHALL BE PROMPTLY SUBMITTED N ME CITY ENGINEER FOR AP PROVAL
A RIGHT-OF-WAY PERM IT FROM THE WILLING & SAFETY DEPARTMENT WILL BE REWIRED FOR ANY WORK IN ME PUBLIC RIGHT OF WAY. PRIOR TO PERMIT ISSUANCE, A CERTIFICATE OF INSURANCE MUST BE FILED NAM ING THE CITY OF BEAUMON T AS AN ADDITIO NAL INSURED ON T HE PERMITEE3 POLICY IN ME M IN IM UM AMOUNT OF $1,000,0 00.00 FOR EA. OCCURRENCE OF LIA BILITY. ME INSURANCE CO MPANY WRITING ME PWCY M UST HAVE A RATING OF °A I BETTER AND A SIZE CATEGORY OF PASS NI R BETTER AS ESTABLISH ED BY ° RTES.° KEY RATING GUIDE.
S NO WORK SHALL BE COMMEN CED UNTIL ALL PERM ITS HAYS BEEN OBTAINED ER. ME CITY AND OTHER
APPROPRIATE AGENCI ES
6. RENSIR OF THESE PLANS MAY BE REQUIRED IF ME PROPOSED IM PROVEMENTS ARE NOT CONSTRUCTED PRIOR TO THE DEADLINE DATE OF ME IMPR OVEMENT AGR.YE NT
7. NO REVISION S WILL BE MADE TO THESE PLANS WITHOU T ME WITEN APPR OVAL OF ME CITY E NGINEER, NOT. MAIN ME REASION BLOCK, ON THE APPROPRIATE SHEET OF ME PLANS AND TILE SHEET . & ORIGINAL DRAWINGS SHALL BECOME ME PROPERTY OF ME CITY UPON BEING SIGN. BY THE CITY
ENGINEER
• THE ORIGINAL DRAWING SHALL BE REVS. N REFLECT AS -BUILT CONDITIONS BY ME
ENGINEER -OF -NARK PRIOR TO FINAL ACCEPTANCE OF THE WORK BY ME CITY
10. ACCESS F. Fl E AND OME EMERGENCY VEH ICLES SHALL BE MAINTAINED TO TH E PROJECT SITE AT ALL TIMES DURING coNsmuonON.
I 'MERE TRENCH ES ARE WITHIN CITY EASEM ENTS, A SOILS REPORT COMPRISED OF:
A. SUMMARY SWEET
B. LABORATORY WORK SHEETS
C. COMPACTION CURIES, SHALL BE SUBMITTED BY A PROFESSIONAL ENGINEER OF THE STATE OF
CALIFOR NIA, PRINCIPALLY DOING BUSINESS IN THE FIELD OF APPLIED SOILS MECHANICS THE
REPO RT WI LL BE SUBMITTED N ME CITY ENGINEERING INSPECTO R WAIN TWO W ORKING DAYS OF
CRPLETR OF FIELD E STS ME WRITTEN FIELD COMPACTION EPORT(S) SHALL BE IMMEDIAELY SUBMITTED i0 ME CITY ENGINEERING INSPECT. UP. C.PL En. R ME Fl.D E SS
12. A PECONSIRUCTON M EETING SHALL BE HELD AT ME SITE P RIOR TO ME BEGINNING R WORK AND SHALL BE ATTENDED BY ALL REPRESLNTATVES RESPONSIBLE FOR CONSTRUCTOR, INSPECT., SUPERVISION, TESTING AND ALL OTTER ASPECTS OF THE W.K. ME CONTRACTOR SHALL SCHEDULE THE M EETING BY CALUNC THE INSP ECT. U NE AT (951) 5TH -3224 AT LEAST ANE (5) DU C OATS PRIOR T TO STARTING CON STRUCT.. APPRO. DRAWINGS MUST BE AVAILABLE PRIOR)
SCHEDTEDULING
W I3 ALE IIHSPECSON REQUESS OTHER THAN FAR THE PEC'.(TR, TI ON M EERNG WI E MAWBY ESMCA LLING TWAT UE AT 95
BE ELY IV. PR17,2:00 P. M. ON ME DAY BEFORE ME INSPECTION IS NEEDED. INSIECT.S WILL BE SCALE ME NIXT WORK OLL ISO- O YON FEWEST OTHE RWISE . EWFSIS M AD E N.. 2 00 P.M . WILL SREWL. FO P TN0 FULL NAP. DAYS LATER.
I4. ME OVINE AND/OR APPLICANT MRWGH ME DEVELOPER AND/DR CONTRACTOR SHALL ON, CWSTRUCL AFO MAINTOR ALL SAEtt LOVICES INCLUDING SHORING, AND STAND E LTH ST WESPNNSI BLL FOR CONFORMING TO ALL LOCAL, STATE AND FEDERAL SA.tt AND HEALTH STANDARDS, uus A ND Ecuun.s
IS THE CONTRACTOR SHALL CONFORM TO LABOR CODE SECT. EYES BY SUBMITTING A DETAI L PAN TD W ME 000 ENR NEE AND/O4 CONCERN. AGECY SHOWI NG THE DESIGN GF SHORING BRACING SLOPE OR TIM E PROVISIONS N BE MAUC R EN. O PROTECT. EW TH E HAZAW R CAVING N M 0 DURING THE UST RE PRE DF D FO TRENCH R TRENCHES R DURING THE PIPE INSTALL A D A H EREIN.
MIS PAN MUST E PREPARED FC ALL RECESS FIVE FEET (5) AR MORE IN DEEM AND APPROVED H1 TO ME CITY ENN NEE AND AR CONCERN. AGENCY PRICK N UCSGN SAT IF 00 PUN VARIES FRR ME rASYSTEM sr02, EsITZE BY ME c.smucn. It UNDER$ nnE B MUFRN IA A.I E1011. YE ORE, ME PLAN SHALL VA PREPARED BY A REDISIE.:ft, i Ai ME
OCWTRACRARS PPESE A COP Y R THE OSHA EX CAVATOR PERMIT M UST BE SUBMITTED N ME INSPECTOR PRIR i0 EXIVAn..
ARCHAEOLOG IC. R.OU S D.
M 16. IF A NY
KILL CEASE IMMEDIATELY. AND ME PERMIiiEE SELL NOTIFY ME CITY ENC4NEER.SOPERAn.S W WI LL NDT RESTART M. THE PERMIT. HAS RECD. ARME AUMDRItt FROM ME CITY ENGNEER i0 00 51.
IT ALL OPERATIONS CONDUCTED ON TE SITE R ADJACENT MEEK SHALL ADHERE TO ME NOISE
ORDINANCE ET FRIG BY THE CITY MUNICIP AL CODE ALL OP ERATION S SHALL BE LIM ITED BY ME NO SE ORDINANCE TO THE LE . OF .CIELS SPECIFIED F OR ME AREA AND TIME PERIOD. CONSTRUCTION ACTIVITIES MILL BE LIAO. TO ME PERIOD BETWEEN 7:00 A.M. AND 6:00 P AC EACH DAY MONDAY THROUGH FRIDAY, UNLESS OTHERWISE PERMITTED.
I& ALL OFF -SITE HAU L ROUTES SHALL BE SUBM ITTED BY THE CONTRACTOR TO THE CITY ENGINEER FOR APPROVAL TWO FULL WORKING DAYS PRIOR N BEGINNING OF WORK. THE CONTRACTOR SHALL BE MM.. FOR ANY DORIS R DAMAGE OCCURRING ALONG ME HAUL ROUTER ADJACENT STREETS AS A RESULT OF ME GRADING (PRAT..
19. NO BLASTING SHALL BE COMMENCED *MOUT A CITY ENCNEER APPROVED BUSTING PROGRAM AND BLASTING PERM IT.
20. THE EXISTENCE AND LOCATION OF UTILITY STRUCTURES AND FACILITIES SHOWN ON THE CONSTRUCTION
PLANS DEE OBTAINED BY A SEARCH R THE AVAILABLE RECORDS ATE NTON IS CALLED N THE POSSIBLE EXISTENCE R OTHER UTILITY FAGOT. R STRUCTURES N OT SHOWN R IN A LOCATION DIFFERENT EOM THAT SHOWN ON ME PUNS. THE CON TRACTOR IS REWIRED N TAKE OUE
PRECAUTIONARY ME ASURES N PR OTECT THE UTILITIES SHORN ON ME PLANS AND ANY OTH ER E XISTIN G FACIU nES R STWCNRES NOT S HOWN
TI DOTINGTHE CONTRACTOR SHA LL .1FY THE LOCATION OF ALL (A BOVE.O UND AND
UNDEROU ND) WITH IN THE PROJE CT SITE SUFFICIENTLY AHEADOF TE GRTCONSTRUCTION TO PERM IT THE REVISIONS OF ME CWSTRUCTI. PLANS IF IT IS FOUND THAT THE ACTUAL LOCATIONS A RE IN CON VICT WI TH ME PROPOSED WORK.
22. THE CONTRACTOR SHALL NOTIFY AFFECTED UTILITY COMPAR ES (SEE BELOW) AT LEAST TWO FULL
WO RKING DAYS PRIOR TO STARTING CONSTRUCTION NEAR THEIR FACILITES AND SHALL COORDINATE WOE ( WI TH A COMPANY RU .N GENTATIW
UNDER...CALIFORNIASERVICE ALERT (BOO) 421-4132
SOUTHERN CAED T. (BOO) 409-1365
AT& T (800) 891-0123
TIME WARNER CABLE (760) 240-1215
COX COMMUNICATORS (888) 413-2913
23 IN ACCO RDANCE ME O tt STORM WATER STANDARDS ALL STORM DRAIN IN LE TS CONSTR UCTED BY MIS PLAN SHALL INCLUDE -STENCILS' BE ADDED TO PR.'S'," WASTE DI SCHARGE DOWNSTREAM. STENCILS SHALL BE ADDED TO THE SATISFACTION OF THE CI, ENGINEER.
CITY OF BEAUMONT, CALIFORNIA
STORM DRAIN IMPROVEMENT PLAN
TRACT NO. 3146223
STORM DRAIN NOTES:
I. THE CONTRACTOR SHALL CONSTRUCT THE DRAINAGE IMPROVEMENT SHOWN W ME DRA WINGS IN CONFORM ANCE WITH M£ REQUIREMENTS OF THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER ERVATIOIN DISTRICT MANUAL.UAL STA NDARD DESIGN DRAWINGS, RECE NT MOM, TI AND IN CONFORMANCE WTI DIE R£gNMMEMS OF ME BEA UMO NT DRAINAGE MANAGE MENT PUN.
2. THE CONTRACTOR IS REQUIRED TO CONTACT ALL UTISTY AGENCIES REGARDING TEMPORARY SUPPORT AND SHORING REQUIREMENTS FOR THE VARIOUS UTILITIESS. TIES SHOWN IN THE PUN 3 CONSTRUCTOR INSPECTION WILL BE PERFORM. BY CITY OF BEAUMONT.. CONTACT (951) 769-&520 THE CITY MUST BE ROWED .E WEEK PRIOR TO CONSTRUCTION.
4. ALL STAT EN. REFERS N THE CENTERLINE R CONSTRUCTION UNLESS OTHERWISE .OED .
5. STATIONI NG FOR LATERALS AND CONNECTOR PPE REFER N THE CENTERLINE-CENTERLINE-IN ERSECI NN STATION.
6. FORTY-EIGHT HOURS . FORE £KG✓ATOR CALL UNDERGROUND SERVICE ALERT r -6W-127-1600.
7. ALL CROSS SECTO RS ARE TAKEN LOOKING UPSTRE AM.
8. ELEVATIONS AND LOCATO RS OF LUTILRT. SHOWN ARE APPNGIN/A9TE UNLESS OTHERWISE NOTED . ALL MITES S HO WN ARE TO BE PROT ECTED IN PACE UNLESS OMER,. NO..
9. OPENINGS RESULTNG FROM ME CUING OR PARTIAL REMOVAL OF EXISTING WLV£RTS, PIPES OR SIMILAR STRUCTURES TO BE ABANDON. SHALL BE SEAL. W1M 6 WOES OF CL ASS 5° CONCRETE TO PPE CONNECTED N THE MMIMINE PIPE SHALL CONFOR M TO JU NCTOS STRUCTURE N0. 4 (JS 129) UNLESS OTHERWISE NOTED.
II. PPE REDOING SHALL CONFORM N R.CF .C. & WCD. STD . DWG. M 815 I2 . V 5 THE DEPTH OF INLET AT THE CATCH BI .SYNS MEASURED FROM THE TOP OF TIE CURB TO TIE INVERT OF CONNECTOR PIPE .
I3. ALL CURBS, GLITTERS, SIDEWALKS, DRIVEWAYS, AND OTHER EXISTING IMPROVEMENTS N BE RECONSTR UCTED IN KENO PE V EST COU NTY ST ANDARD AND AT THE SA ME ELE VATIO N AND LOCATIO N AS HIE £X6.G R MPROVEMENS UNL ESS OMEIYISE NOTED. F. PAV EME NT OVERL AY, 0.10• MIN. FOR FULL LANE WHOM AS
REQUIR ED
TO N. HYDRAULIC
GRADE USES SHOW N IN PRO BLES ARE FOR T00 Y EW FECN£NCY FLOWS U NLESS OTHERWISE NOTED.
I5. THE COMPACTOR SHALL COMPLY OATH THE STATE AND LOCAL SAFETY CODES DURING THE PROGRESS OF WORK .
IN THE CONTRACTOR S HALL MN.. ADJACENT STREETS IN A NEAT, SAFE CL EAN AND SANIT ARY CONDITION AT ALL TIMES AND TO NE SATISFACTION OF THE COUMYS OR DISTRICTS I NSPECTOR. THE ADA.NT STREETS SHALL BE KEPT CLEAN R DEB RS , WTI DUST AND OILIER NUISANCE BEING CRTROLIED AT ALL TIMES. TIE DEVELOPER SEAL . RESPO NSIBLE FOR A NY CLEW UP W AD JACENT STREETS AFFECTED BY HIS CO.TR UCRON MET HOD OF tS CLEANING SHALL E DRY S WEEPING OF ALL PAVED AR EAS. r7 THE CONTRACTOR AGREES THAT EHE/SHE S HALL ASSUME SOLE AND COMPETE RES..., FOR THE JOB SITE CON DITIONS WRING THE COURSE OF CONSTRUCTION OF TH 5 PROJECT . INCL UDING SAFETY R ALL PERSON S AND PROPERRS THAT THIS REQUIREMENT SHALL APPLY CONTR...AND NOTE U NITED TO NORMAL WONANG HOURS AND TNT ME CONTRACTOR SHALL DEFEND, IRMO,. AND HOW ME OWNER. CITY
OF B EAUM ONT, AND THE DEVELO PE RS ENGINEER, HAR MLESS FRO M A NY AND ALL LABILITY, RE AL OR ALLEGED, IN CONNECTION WITH THE PERFORM.- OF WORK W MIS PROJECT OWNING FOR LIABILITY ARISING FROM
THE SOLE NEGLIGENCE OF ME OWNERS DR THE DEVELOPERS ENGINEE R ID ALL PIPE LOG A RE HORE.TAL PROJ ECTIONS ( NOT TRUE LENGTHS OF PIPE) AND ARE THE BASS R ME ESM . OF OF OUAN TIS ME CONTRACTOR SHALL DETERMINE THE TRUE QUA., OF PE EOUIR. FOR ID MI5 ELEVATIONS
E PROJECT STS �W AR E TO T ASR.
PIPE E XCE PT WHE RE OT HERWISECONTRACTOR
.O ED .
Z0. VERITY
ME DISCREHOLI OF THE ENGINEER AND TE CITY OF READMIT , ME CONIR4CRA4 MAY E REQUIRED 10 ALO FT, TO SHALLI DI ME LOCATO R OF POTENTIALLY ARCED UTILITIES .
11. ALL ACTOR 5441 OWING R ALL STRESS R. AND . WILL
AT MWMNRY TO No SIZE.
12. AL L ENT. I AND EMPACTON UNDEXCEPT
SIRWHERE S AND PIES S HS BE D UNDER EXISTING IC NOT U£SS MA N 90 PERCENT RAT, COMPACTION EXCEPT WI EE SUW ANHILL 5 PIMPED UNDER 5PEC PAVED RIVE S.
THE LDP 3 FEET, MEASURED FROM ME flNSH PANNE SHALL BE COMPACTED TO 95 PERCENT REUIIvE
13. ALL T NMON LIM ENTSREEL CED E REPLACED AS REQUIRED. MONU MENTS SHALL E ED OUT PRIOR N
CONSTRUCTION BE AND REPLACED UPON COMPLETION R OWNER OR HCJ
14. IT SHALL BE THE ESP.SIBUMY OF OR DE VELOPERCHOWNER IT F. ALL
TO APPLY TO THE DIRECTOR OF
POLIO MORALS, or AT D AND AC FOR AN ENCROACHM ENT r AND
T BE ALL MARK REFORMAT WA IN PUBLIC
Y
RIGHT -OF -MEDAL, DEDICATED AND ACCEPTED FOR REGAL USE, AND TO BE .LIFE OF CO FOR CONSTRUCTOR
SATISFACTORY
FOR MIS P FOR ALL DDITIONr EN VIRONM ENTAL REGULATORS WING THE LIFE OF CONSTRUCTION ACTMI£S FOR MN PRACTOR BE RES ORDERS AND/. ME
PERMITS MAY BE REQUIRED.
PR OPOSED
15. THE COSTS OF ALL SH ALL ES PERM FR ME DL FORAM R THE PROPOSED MARK ED UL AND R.OG48CV HU R R ALL S PRIOR O BEGI I. COs PRTION. MUST INFORM an OF CRSTNICTIIN SC HED UL E AT LE AST 48
26. ALL UNDERGROUND FAG/LEES WI M LATER,. SHALL BE IN PLACE PRIOR TO PAVING THE STREET INCLUD ING BUT NOT LIMITED TO, TEE ME FOLLOWING: SEWER, WATER, ELECTRIC, STORM RAM S. 17 R SHALL BE ME R.PON SLBLITY OF TH E DEVELOPER R CONTACT. N INSTALL A ND WM. DURING CONSTR UCTION, R£GUUTRY GUIDE AND WARN. SIGNS W AIN M£ PROTECT LIMITS AND IS SURROUNDINGS TO PROVIDE SW £ PASSAGE FOR THE TRAVELING PUBLIC AND WORKERS UNTIL ME FINIAL COMPLETION AND ACCEPTANCE OF THE PROJ ECT BY ME CITY R BEAUMONT.
28. CONSTRUCTION PROJECTS .T DISTURB AO RE NT
DISCHARGE ELIM IN ATOR SYS TEM (IP OES) PERM TOWN ER R/ OWN ./DEVELOPER S ARE ONE ACRE M UST NEQ UIR ED TO E AA NATION. ANOTICE OF
INTENT (NOD WITH ME STATE WATER RESOURCES CONTROL BOARD (SWRCE) AND COMPLY WITH ALL REQUIREMEN TS OF ME BEAUMONT (ENNA. M .WA.MENT PLAN. BEAUMONT IS CO-PERM ITT£E WITH R.CF.C. tr 20 ALL STORM DRA MS CATCH BASIS AND STORM WATER RUNOFF STRUCTURES WILL BE PROVIDED WITH ADEQUATE CAPABIL.S TO B E. AND RET. soim EN T AND DIRT, W ATER RUNOFF IN COM PLIANCE W ITH THE CITY OF OIL AND GRE ASE, TO PREVENT P OLLUTION IN Y BES T M ANA GEM ENT PRACTICES AND THE BEAU.? DRAINAGE MASER PU N FOR STORM WATER AS WELL AS BEST MANAGEM ENT PRACTICES IOEN.. IN THE CURRENT REP ORT OF W ASTE MS L'HA.E FOR RIVE.. CO UNT Y PERMIT..
30. DEVELOPER SHALL BE FULLY ESPO.IBE IN ASSURING THAT PROPOSED RDEVIATORS
CONFORM TO ME
VED APPROPUNS, SPECIFICATIONS AND CITY OF BEAUMONT STANDARDS WHERE DEVIATORS EXIST, DEVELOPER STA LL P ROPOSE CORRECTIVE M EA SU RES FOR RENEW A ND APPROVAL BY ME CITY.
PRIVATE ENGINEERS NOTICE TO CON TRACTOR (S):
1. ME EX ISTENCE AND LOCATION R A NY UNDERGROUND UTILITIES R STRUCTURES SHOWN . THESE PU NS ARE OBTAIN. BY, SEAR. lT AVAILABLE RECORDS. TO THE BEST OUR KNOWLEDGE THERE ARE NO EXISTING DITTI ES EXCEPT THOSE SHOWN . THESE P.NS. THE CON TRACTOR 5 REWIRED N RA KE ALL PRECAU TION ARY M ELSUR E5 TO PROTECT THE URGES SHOWN AND ANY TITHE LINES R STRUCTURES NOT SHOWN .
THESE PUN S AN D IS RESPONSIBLE FOR THE PROTECTOR OF, AND ANY MWGE N THESE
LIES R STRUCTURES
1. R SH ALL BE ME LO IO PACTRS R.PON SLBUY TO WWI' ME OW NER OF ALL (MITE S R SMUCNRES CONCERN. BEFORE STARTING W )RI.
3. QUANTITIES SHOWN EE. ARE PROVIDED FOR G PURPOSES ONLY. CONTRACTOR
SHALL BE RESPONSIBLE FOR H EFYINC TONESES PRIOR TO BIDDING FOR CONSTRUCTION A THE PRIVATE E VON.R S/GN AVG TH ES E PLAN S IS R ESPO NSIBLE FOR ASS URIN G THE ACCURACY AND ACCEPTABINY OF THE DESIGN HERE.. IN ME EVENT OF DISCREPANCIES
ARISING AFTER CRY APPROVAL R DURING CONSTRUCTION, THE PRNATE ENGINEER SHALL E RESPO NSIBLE FOR DETERMINING AN ACCEPTABLE SOL.. AND REVISE ME PL ANS FOR
APPR OVAL BY ME CIT,
NOTE
T. A PPROVAL OF THESE PLANS APPLY ONLY WHIN THE JURISOICIRON OF ME CRY R SGU NOM.
2. TREN CHING FOR mums AND STRUCTURES IS NOT ALLOWED UNTIL SOIL COMPACT ION REPORT IS SUBMITTED AND APPROVED BY THE PUBLIC WORK DEPARTMENT .
J. THE C RY RESERVES T HE RIGATO REWIRE MASON OF T HE AP P.. PANS TO CONF OR M W1M CURRENT STANDARDS AND TO PO ST A NEW B OND IF CONSTRUCTI ON HAS NOT CO MMENCED WITHIN TW O Y EA RS AFTE R PU NS WE RE APP ROVED .
T HE DEVELOPER S HALL HAVE UEOECHNIGL/SOILS ENGINEERI NG FIR M .SEE TRENC H.,,
4. BIC WFILING, AND SOIL COMPACT. OF ALL NV, TRENCHES WORN ALL EASEMENTS AND
ROAD RIGHTS OF WAY T WO SETS OF COMPACTION REPORTS CERTIFYING TAT WORKS WERE DO NE IN CONF.MNCE N ST D AR. ANTI G.E.N.L REPORT SHALL E SUB MITTED
AFTER EACH MU, TRENCH E COMPLETED A ND CERTIFIED COMPACTION REPORT MUST BE
SUBMITTED TO THE DEPT OF PUBLIC WORKS AT LEAST TWO WR ONG DAYS BEFORE AGGREGATE
BASE MATERIALS ARE PLACED (WOE
"RCP N OTES:
THE CONCRETE COATING W ME INSIDER ALL REINFORCED CONR E PIPES MUST BE INCREA .
TO PROVIDE A MINIMUM OF 1-1/2 ° OVER THE REINFORCING WHEN ME DESIGN VELOCITIES EXCEED 20 FEET PE R SEGO. THE CONCRETE DEIGN STRENGTH IN THESE REAC HES SHALL BE To = 5 ,050 PSI FOR VELOCITIES EXCEEDING 10 FEE T PER SECOND AND ft = 6,000 PST .R VELOCM. EXCEEDI NG 30 FPS .
ME awns FOR REIN FORCE) C ONCRET E PIPES UNDER PRE SSURE FLO W CO NDI TONS S HALL BE WATERTIGHT IN CONFORMANCE W1M AVM C443.
ALT ERNATIVE PIPE M ATE RIALS N OT E:
THE USE OF C.RUC A. .P E AS AN ACCEPT.. ALT ERNATIVE PPE AMITE.. F OR STO RM WATER DRAINAGE FACILITES 5 PERMITTED SO LONG AS THE DESIGN, PIPE MATERIAL SECNCA MW AND INSTAL ATM. FO LLOW RIVERSIDE COUNTY ORDINANCE 461. THE MINIMUM A LLOWABLE PIPE CO VR 5 6 -FEET AND ME MAXI MU M PIPE COVER IS 20 -FEET.
WORK TO BE DON E
IE I MP ROVE/W S CON SI ST OF NN E F OLLOWI NG MOON N E DO NE A CC ORDI NG TO T ESE P AWS
AND T HE ST ANDARD SP ECIFICATIO NS A ND ST ANDARD DRAMS FO R P UBLIC WORK S Wn15TRUURO S VW. WCw ° (M OOT C URENT CITY J
AD OPT ED
O UNIFORM T RAFFIC CO NT ROL DEVICES'. VI." r CRENT CRY am p. 'organ z i%RA W HANOBLO N VIM' (MST C URRENT CITY ADO PTED ).
I. STATE OF CALIFORNIA �ARTMENT OF TRWS PORIAITON STANMMRO SPECPIUB0 NS LATEST EON.
,S TANDARD D RAWINGS
1. RIVERSIDE- COU NTY TRANSPORTATIO N DEPART.. ACID" ONM NNCE NO 461. 2 STATE OF
CALIFORNIA DEPARTME NT OF TR ANSPORTATION, STANDARD PLA NS LATEST EDITIO N DECLARATION OF E NGINEE R OF RECORD:
I H ERM' DECLARE .T IN MY PROFESS/. OPINION T HE D ES. OF T HE IMPROVEMENTS AS SHOWN ON MES£ PEWS COMPLIES WITH THE CURRENT
PROFESSIONAL ENGINEERING STANDARDS AND PRACTICES AS ME ENGINEER W
RES PONSIBLE CHARGE OF THE DESIG N OF THESE I MPROVE MENTS AS DEMO IN SECTIO N 6703 R ME BU SINESS tr P. RES SOVALS CODE, I ACCE PT F ULL RESPONSIBILRY FR SUSI/ DESIGN . I U NDERST AND AND ACKNOWEDGE T HAT ME PUN C HECK OF THESE PANS BY ME an' OF BE M/ MO NT 5 A REVI EW FOR RE LW. PURPOSE- OF ENSU RING THAT T HE SE Pl7WS CO MPLY WIT H T HE CITY
PROCEDURES AND OMER APPLICABLE CODES AND RL ACEOL LA ME RE NEW
PROCESS IS NOT A DETERMINATION OF ME TECHNICAL ADEQUACY OF THE DESIGN OF THE *PRO... . SUCH PUN CHECK DOES NOT THERM. RELIEVE ME MY .SIG N RESPONSE/UM
AS ME ENGINEER R RECORD, I AGREE N DEFEND AND INDEMNITY ME CITY OF BAEIUT1 , ITS OFFICERS 115 AGENT S AI D TS E MPLOYEES ER ON ANY AND AIL LABI LITY, CLAIMS IMAGES, OR URS TO ANY P£RS. OR PRO PE RTY ARISING
FROM NEGLIGENT ACTS, ERRORS OR OMISSIONS OF THE ENGINEER OF RECORD, HIS EMPLOYEES , H5 AGENTS OR HIS CONSULTAN S.
�-\ 11/11/21
GEORG E ALA N TE Y RUERUEA5920 DATE
EXPIRATIONEXPIRATION ME 11-J131 -20121
CONSTRU CTION NOTES & QUANTITY ESTIMAT E
ASSES SOR'S PARCEL NO .
406-060-012
Qw= 74 Ors
p „-8.4 Cf5
DESCRIPTION
GUMMY UNIT
O
0 O
O
O
0 O
0 O
"ALTERN ATE C/PCP SHALL RE CONSTRUCTED PER SECTION 306-4 OF T HE ST ANDARD SPECURGR TIO NS FPU BIC NOES CONSTRUCT. (GREENSUOK)
CONSTRUCT 18 " RC P (S EE PFR IE FO R D LOAD)
C ONSTRUCT J6° RCP (SEE PROFILE FOR D LOAD)
CON STRUCT 42' RCP (SEE PROFIL E FOR D LAD)
COYSIWCT 48" EP (SEE PROFILE FOR D LAO)
1TO
LF.
407
LF.
394
LF .
55 LF .
CON STRUCT M ANHOLE N' 0 4 PER RS,.. & W.CD. STD . D. NO . 254 4 U.
CON STRUC T CURB INLET CA T. ISM PER COU NTY OF RIVE RSID E SW. NO 30 00 (W tr V PE R PA N) EL
CON STRU CT CONCRE TE COL LAR PER R.CF.C R WC.D . STD. D WG'. A b. MBAR 4 EA.
CONSTRUCT Sr RCP (SEE PR OFILE .R 0 LOAD)
CONSTRUCT 60° RCP (SEE PROFILE FORDED.)
595
LF.
nr
LF.
CADMESA
PREPA RE D BY:
C AME ENC MtiERING
CRSY RT ANS MEST , ML
25109 JEFFERSO N AKNUE
SURE 200
MURRIETA , G. 91562
(DOS) 0 (951) 2016640
APPLICANT/SUBDIVIDER:
ARGENT MAWCEA ENI
2391 MORSE AK
I 9 2614
) 241-8403 Of FIC E
(951) 722-05 25 NOM,
CONTACT: C HERRYL nIO MPSON
IN NO 31462-24
Qw=4.0 CFS
052170 CES
004=60 CES
Q,WW,,,-1.0 CFS • y
R 8, -,. \
O.-9. FS
0w=9.5 S
nL.0 CFSS� � '' TU G
Q-7.8 CF
INDEX MAP y , -°
ABBREVIATI ONS A ND LEGEND
R CP REYANDM1'GED CONCRETE PIPE
CM CO RR.. M ETAL PI PE
. HYDRAULIC GRADER E
TOP TOP OF PP E
WT BOTTOM R PY RE
STRM RAI N
WW MWERT
R OP PR OPOSED
DO
T CET L
CA N
TC TOP R CURB
ROME
FS CAT CHES SU RFAC E
FRC CBCATC H BASI N
PONTOCU REVERE C URVE
8c BC END CARVE
EC ENO CURVE
08 F..E BEAK
p WAT ERER
WIR WATER
SW R SANITARYSEW
FOR FM FORCEE ER
.M IN
ODEv-BJ CFS
Qpw=9 .B CFS
4,-90 CFS
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PROPOSED STORM DRAW
- PROPOSED CATCH M SV
BOST. S TORM D RAI N
RE NT R WAY
— — — — TRACT BOUNDARY
STREET CENTERLINE
# A MTC HII NE
MITC HUM-
BOS TA C SERER
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PROPOSE, WATER
PROPOSED SEWER
MAINT ENA NCE NOTE
ALL STOR M DRAIN FACILITIES P ROP OSED . MIS PL AN AR E MAINTAI NED BY ME CITY R sau maNT UNLESS OTHERWISE NO TED . STOR M RIIN PROP..
DOW NSTREAM FACILITIES NOTE:
PROJECT IS REQUIRED N CONSTRUCT DOW NSTREA M FACILITIES IF NOT CONSTRUCTED AT TIE OF CONNECTION.
IN DE X OF SHEETS:
SHEET 1 - TITLE SHEET - VICINITY MAP - GENERAL NOTES - LEGEND - CONSTRUCTION NOTES - GM 4+TM5 - INDEX MAP
SHEET 1 - STORM DRAIN LINE 'C STA. 11 091 .90 TO 11+00.00 SHEET 3 - STOR M O 'NIN LIE "C $TA. 124W.O TO 27P10 . TB 510 00 DRAIN USE °03" 0T H 1000000 N 11 06027
DIAL TOLL FREE
8-1-1
AT LEAST TWO DAYS
BEFORE YOU DIG
UNDERGROUND SERVICE ALERT OF SOIR TIERN CAUFORNK
BASIS OF BEARINGS:
DESCRIPTOR::
TH E BASIS OF COOR DINATES FOR
TH IS AMP IS TH E CALIFORN IA STATE
PLANE COORDIN ATE SYSTEM 1983,
ZONE 6, DOSED LOCALLY ON
CONTR OL STATOR S "REST' AND
BEARING: N 273952" E
BENCHMARK:
DESCRIPTION : U SGS MONU MENT "RE ST"
BENCHM ARK DUSK SET IN TOP
CON CR ETE MON UM EN T STAMP ED "R EST
1972" ON DESER T LAWN DRIVE ACROSS
TH E DRIVE FROM DESERT LAWN
CEME TERY 25.3 FT. N .E. OF THE DRIVE
CENTERLINE 24. 9 F T. S.W. OF TH E S.W.
EDGE OF THE SOUTH EASTBOUND LANES
OF IN TERSTATE HIGHWAY 10
ELEV. 2497.44, NCVD 29
PROACTIVE
ENG INEERING R EST
A CTIVE ENG INEE RING
. eoo.ee,o ee i,. eno
ENGINEER
REVISIONS
FORCE �X �� 1
I1/12/1 1
DESIGN
P IECED Er,
DrDo
AS NOTED
DOE:
ReRewM 6y:
Date' n4wl
Recommended for Appr ov al BYM �+ Date'
Approved Bo: _ N,T,11/22/2021
08.002.0 00
City of Beaumont, Publi c Works Deportm ent
En gineer ing Division
CITY OF BEAUMONT, CALIFORNIA
STORM DRAIN IMPROVEMENT PLANS
TRACT NO. 31462-23
TILE SHEET - VICINITY MAP - GENERAL NOTES
LE{ - CONSTRUCTIO N NOTES -
GUANT RIES - INDEX MAP
SHEET
1 OF 3 SHEETS
MMHG MT:
ARGENT MANAGEMENT
RI NOT
3398
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11+00 12+00 13+00
14+00
15+00
16+00
nf00
%+00
h?IOD
20+00 21+00 22+00 23+00
MANHOLE& J UNCTION STRUCTUREDATA TABLE
J
SIRUCIURE
MAIN
LITERAL LEFT
LAT ERAL RIGHT
Na DE PTH
MMD EV .
TYPE
STATION
LI NE
NAME
A
B
C
NA ME
A
B
C
L
DI
02 ff#
NV 7.56 '
2129 .50
M.H. N a4
I4;I51B
UNEC
LIVE C-IB-I
D KODI r
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45'
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53.3e5 e
Ie
53'
6.03"
54'
54'
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MIIR BSI'
21335.,
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66 '47'.,2'
16 3 .6'
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41'
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p \ �/ y\ 47
46 311&
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6 TH E PRIVATE E NGIN EER SIGNIN G HESE
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NE DATA TAB LE
T
OF 90
®
maw/Dam
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/ '�
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DESIGN HE REON. IN HE E VE NT OC EP IAB ILITY
A
383515
19000"
198M"
10291'
,
NO]£ .
DISCREPANCIE S ARISING AFTER CITY
AP PROVAL OR DUR ING CONSTR UCTION, THE
1 N515" 1.5"00
--
493. 83
---
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WORK CONTAINED THES E P LANS SH ALL
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J
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1 N/I L
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PERMIT AND/OR A CRAB/NO 0 05805/LAS
AND RLYIS ING INC PUS FOR APP RO VAL BY
5 12' )407'
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)14. 09'04'
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BEEN ISSUED
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l� 11- p -
' /�? t\
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DIAL TOLL FREE
111 8—�—�
\I AT LEAST 2 40 WYS
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BASIS OF BEARINGS:
DESCRlPT10N.
TH E 84 5/5 OF CDOR D/NATES FR
Hls Af4P Is HE GUF GRN H STATE
PLANE COORDIN ATE S YSTEM , 1983,
ZONE 6, BASED LOCALLY ON
CONTR OL STATION S "RELY' AND
"�B lr
BEARING: N 1T3952" E
BENCHMARK:
DESORPTION : U SG. MONU MENT 'REST
BENCHM ARK DISK SET /N TOP of
CON CR ETE MON UM EN T srAMP EO R EST
1972" ON DESER T LAWN DRIVE ACROSS
HE DR IVE FROM DESERT LAWN
CEM ETER Y 25 3 FT N .E. OF THE DRIVE
CENTERLINE 24. 9 FT S.W. OF HE S.W.
EDGE OF HE SOUR EASTBOUND LINESMAW
COON SSOVO ONS /.600
s v.,
E551
AB fq
x`" ZO sf
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CITY OF BEAUMONT, CALIFORNIA
SHEET
OF 3 SHEETS
.. r Mm6,
Renewed 6Y: Date' l�
Recommended for Appr ov al By. Dote....2'
STORM DRAIN IMPROVEMENT PLANS
TRACT NO. 31462-23
S/ ��/ ✓FM'Fn • w C•
Tr1OI� DRAI N LINE
SRL 11+9290 M ST* 12+00. 00
PROACTIVE
ca oea
° . o.a„o " "E
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scNE
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MA NHOLE& J UNCTION STRU CTU RE DATA TABLE
STRUCTURE
MAIN
LATERAL LEFT
LATERAL RIGHT
)
Na 0£PM RIM ELEV. ]YP£ STATION
LINE
NAME A 6 C
NAME AR 8 C
L 01 02
y
1 3,4 7.65' 2259.00 M R. Na4 2.7365
LINE C
LINE C -ID -I 4560 '[0 ' FE 61'
LINE 0-10-2 5952'41' 18' 19'
6 .01' 42' 56 '
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k ll/ 27
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36 1
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P9NE'rE,
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o—ca¢msr aew(s¢MORE nw o- J
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N, BnxnE xcx a4 31 30 m /
sn lWe V Pa INV g, 33 32 $
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I aloo�
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5. m"2 .
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f— --�
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C URVE/LN�DATA TABLE
A /
e� �OREN.TAM OR . -_
35 II I "L 34
0 B
IEN c
L3704'
m
- ' :0 _ S I
.off ShEET2 l3,
A
/42639ELTA
1451:59"
294.00'
204CR
71.69'
37.04'
~ I ©
I 25
B
N. 5
--
185. 94'
_-
$g JL I
- ^I- - - - I� A LINE C -f 0-1"
68.15' 34'
68.15. 54-
.00'
5.561'
30.50'
.F 1 -_ _ _ —
- - - 5 xexrox�©
0 N 54' 3151 T
---
06. 93
I, "
„IAC° E
TH E P RIVATE E NGINE ER SIGNIN G TH ESE
n n
f
N6845' 41W
---
10. )4'
---
8 ,I§
^ LI° t'e
P IA NS IS RESPO NS IBLE FOR ASSUR ING THE
LINE VV A
2 9'AS''a r
4500'
213 5
ITT'
1; 8
24 �
ACCURACY AND ACCEPTABILITY OF THE
C
AK159' 16T
---
354
---
d 22G91
20 21 & ? 23
DESIGN H EREON . IN THE EVENT OF
H
657:54'
194.00'
35. 74'
17.89'
iB
19 ,=1A°�
DISCREPANCIES ARISE AFTER CN Y
APPROVAL OR WRING CONSTR UC TION THE
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8468'
2g
PR IVATE EN GINEER SHALL BE RESP ON SIBLE
✓
54 7746. 661-
---
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r
AND DETE RMIN IN G AN ACCE PTABLE
K
NOTlW 3)T
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APPROVAL B
AN D R EVSINCA THE P LANS FOR APPROVAL BY
DIE CITY
nV n
W ORK CON TAIN ED W ITH IN THESE P US SH ALL
// �
120 '
LINE
40' 0 40 ' 60 'NO T
CO MMENCE UNTIL AN E NC RO ACHMENT
P ER MIT AND/ OR A GR AD ING PER MIT H AS
BEEN ISSUED.
SC ALE 1'=40 '
r1 CI�I I�I�\,I
L l' t \
H
�1' \
r1 DIAL TOLL FREE
x=�L�
�/ 111 8-1-1
s'� \I AT LEAST 5 40 DAYS
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vxoexcROUND SER VICE a exr or s0'mYeRx cwmRnw
BASIS OF BEARINGS:
DESCRIPTION
THE 845/S OF COOR D/NATCS FOR
TH Is HAH Is TH E oALIF ORN H STATE
PLANE COORDIN ATE S YSTEM , 1983,
ZONE 6, BASED LOC ALLY ON
CON/R OL STABON S "REST' AND
R�Nr
BEARING: N 1T3952 E
BENCHMARK:
OESCR/P1)ON : U SGS NONU MEri? 'REST
BENCHM ARK DISK SET /N TOP OF
CON CR ETE MON UM EN T STAMP ED "R EST
1972' ON DESER T LAWN DRIVE ACROSS
TH E DR IVE FROM DESERT LAWN
CL]AE TERV 253 FT. N .E. OF THE DRIVE
OF TH E S.W.
CENTERLINE 24. 9 T EASTBOUND
EDGE OF THE SOUTH E45TBOUND LANES
ENG INEPROA CTIVE
con suLi Aniw e
s r.,
E55I
x` 5.f
W xo xD :
m/v
4 N 6
9 ✓6� �� F�
CA-
910
CI TY OF BEAUMONT, CALIFORNIA
S H E E T
OF 91 SHEETS
Renewed 6Y: Oats' II
sn01°,.° Nm,
Recommended for Appr ov al By. Date II^°rzml
STORM DRAIN IMPROVEMENT PLANS
TRACT NO. 31462-23
ST ORM DRAIN LI NE ' C'
STA: 22 +00.00 TO STA: 27 +49.08
ST ORM DRAI N LI NE 'C3'
STA: 10+00. 00 TO STA: 11+68. 27
PROACTIVE
no
. ...4. "
ff
a'� c a «
APProvetl BY: Oats 11133Y20Y1
4 N ��
1 //L\1 11/11/1 1
ery a
MMHG ME
h�11/ ry11
OF IN TERSTATE HIGHWAY 10
ELEV. 2491.44, NG✓D 29
n
wax
D¢wvlwx
rvvR.
°^
City of Beaumont, Publi c Works Departm ent
En gineer ing Division
94 SIR
REV SO N S
AA
x.c c ,saso ax. Is-al-aov °"`
SOB WM:
oaooT.o m
'o" ARGENT MANAGEMENT
3398
Co e.: D er 6,10: - SADem w: °imi Owe: x4De .m0.amW osinAs aa Drain MVmsn.m°Vl,a-n SD IMP rwls/m 90190-v 0D 90 -Ad .,
BEAUMONT
C 4 L 9 P OR N t
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.beaurnontca.gov
Case No_ PW2025-0208
Receipt No. R01648876
Fee $ 725.00
Date Paid 4/22/2025
BOND EXONERATION APPLICATION
[REPLACEMENT OF BON[) - NOT EXONERATION]
Bond Type: ®Performance ❑Maintenance ❑Final Monument Inspection ❑Other Contact's Name Jesse Mudd
2. Contact's Address 980 Montecito Drive, Suite 300 Corona CA 92879 Phone 951-415-2974
City/State/Zip
5. Contact's [email protected]
3. Developer Name D. R. Horton Los Angeles Holding Company, Inc. Phone 951-415-2974 (If corporation or partnership application must include names of principal officers or partners)
4. Developer Address 980 Montecito Drive, Suite 300 Corona CA 92879 City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
Bond No. 30'525'2 / TR 3
/62 26 / Street Improvements
New Bond #: 9473421
6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
Jesse Mudd 3/17/2025
Print Name and Sign — Contact/Applicant Date
7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City.
Print Name and Sign — Contact/Applicant Date
8. I -veloper/Contractor has completed all the following items prior to requesting release or has uded them in the application.
• Remo% d replace concrete and AC as needed where lifting. • Provide AC k fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slt r coat for all road surfaces.
• Restore/Verify pavement F 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
I RECORDING REQUESTED BY:
CITY CLERK.
WHEN RECORDED RETURN TO
City Clerk.
City of Beaumont
550 E. 6th Street . .
Beaurritint;:GA 92223
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL MAP NO. 31462-26
DATE OF AGREEMENT: April 15th, 2025
NAME OF SUBDIVIDER:
to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT:
77 residential lots,
, and Tentative Tract/Parcel 31462
"Tentative Tract/Parcel Map"' originally aooroved on: September 8th, 2016 D.R. Horton Los Angeles Holding Company, Inc. a California Corporation PA 18A
FINAL TRACT/PARCEL MAP 31462-26 APPROVED ON
RECORDED ON 3/9/2023 AS INSTRUMENT NUMBER 2023-0069122
(hereinafter referred
subdivision consisting of
, originally approved on
("Tract/Parcel" or
"Final Tract Mao/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:
$ 818,131.85
(see Exhibit "B")
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
(see Exhibit "B")
EST. TOTAL COST OF
MONUMENTATION:
$
(see Exhibit "B")
BOND NUMBERS: 9473421 -PA 18A 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 e 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. Forthe purposes of. this Agreement, the term "Public Improvements" .means all those improvements within the Tract/Parcel intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".
NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows:
Subdivider's Obligation to Construct Improvements.
(a) In constructingand installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as 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 conditionsof approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement.
(c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational.
(d) Subdivider shall furnish the necessary materials for completion of the Improvements. in conformity with the Plans and City Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all rights -of -way, easements and other 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 otherinterests 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 anyeventprior to their acceptance by the City.
2. Improvement Securities.
(a) •Subdivider agrees to. secure this Agreement with good and sufficient improvement securities ina form .approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and .completion of all the improvements in the Development. All such.. improvement securities shall be posted with the City prior to the City's final building inspection and issuanceof a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within. the Development, • asdescribed in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to bein the following amounts, and shall be for the purposes described as follows:
(i) 818,131.85 and 00/100 DOLLARS ($XXX,XXX.XX) to ensure. faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and 00 818,131.85 and 00/100 DOLLARS ($XXX,XXX..XX) to
secure payment to any contractor, subcontractor, persons renting equipment or. furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in theform
of a Warranty Bond or cash deposit with the City to guarantee or warranty .the.
Improvement work done pursuant to this Agreement for a period of one (1) year.. following acceptance/certification thereof by City, against any 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 Securitymust be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement:
(iv) and 00/100. Dollars ($X;XXX.XX) in the form Of a cash deposit, which is 100% of the estimated .cost of setting all final subdivision monuments, boundary corners, front and rear.. lot corners and centerline ties not previously set or submitted on thelots and streets within the Property as described in. Exhibit "A", and for the preparation and recordation of any related Certtificate of Correction, as required by Section 66469 pf the State Subdivision Map Act. (b) The Improvement. Securitiesrequired by this Agreement shall bekept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or
referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released.
(c) • Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider. is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to 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 extensionis granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the
drainage plan isnecessary in the public interest, it will undertake such design and construction changes as may be reasonableand as are indicated by the City Engineer and approved. by City.
Said changes, if any, shall be confined to the Property.
5. Reserved.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of. the Improvements by City inspectors and to the shops wherein a•ny work is in preparation.
(b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been. completed in accordance with this Agreement, then the City Engineer shall request. said agency to make a final inspection of such improvements and certify to the City. that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized . representative shall inspect such improvements, and/or shall have the discretion to accept a certification .from Subdividers registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdividers registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the. Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed:
(c) .Subdivider.shall .bear all. costs .of inspection and.certificati.on.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 warrantyperiod shall not commence until final acceptance/certification of the Improvements and related work by the City Council.
(d) The. Monumentation Security may be released in full by the City Engineer in accordance with the terms of the separate monument agreement with the City, or if there is none, uponsubmittal of the following:
(i) a written certification from the professional engineer or surveyor responsible forsetting the monuments stating that all the final monuments for the Subdivision have been set in accordance with the Professional Land Surveyors Act and the Subdivision Map Act, and that the professional engineer or surveyor has been paid in full by Subdivider for such services; and .
(ii). centerline tie sheets prepared in a manner acceptable to the City Engineer . showing the locations of centerline monuments in existing public or 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. Iniury 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 o•r private improvement.
9. Permits. Subdivider shall, at Subdivider's expense,obtain all .necessary permits .and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.
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 Subdividerspecifying 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 deemadvisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any costs or damages occasioned City thereby, and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may beon the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available. to . it. at law or in equity .for.
Subdivider's default under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Subdivider. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that theestimated 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 Page9of19
Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans.
(f) Failure of Subdivider to comply with the terms of this Agreement, including but not limited to, construction• of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Subdivider's consent to: (1) the filing by City of a notice of violation against all 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 orin equity. Subdivider agrees that the choice of remedy or remedies for Subdivider's default or breach shall be in the sole discretion of City.
(g) in the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.
11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Subdivider shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirementsof this Agreement or the Plans, Subdivider shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement 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 bemade before Subdividercanbe 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 priorto the completion and acceptance of the Public Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times.
14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between . the Parties, or from entering into agreements with other Subdividers for the apportionment of.costs.of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment..
15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), . and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Subdivider shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements and will take all reasonable actions to protect the public from such. dangerous conditions in, on or around the work site.
16. Vesting of Ownership. Upon acceptance of the Public Improvements and related work on behalf of the City, and after recordationof the Notice of Completion, ownership of the Public Improvements constructed within the Private streets in the Development shall vest in the name of the. City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.
17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of theacts or omissions of Subdivider, its agents, subcontractors or employees in the performance of this Agreement. Subdivider hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissionsand officers, and its agents, contractors and employees from and against any and all claims, demands, causes of action, damages,. costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with
Subdividers •operations,. or any subcontractor's operations, to be performed under this.
Agreement for Subdivider's or subcontractor's tort negligence including active or passive; or strict negligence,including but not limited to personal injury including, but not limited to .. bodily injury, •emotional injury, sickness or disease, or death to persons and/o•r da.mage to . . property of. anyone, . includingloss 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) . Subdividers 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 corrector eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance.
Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work 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 sellsor 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 suchrelease or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City) shall. relieve Subdivider of its obligations under any other Section of this Agreement for work or.
Improvements performed by Subdivider prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements; Extensions.
(a) Subdivider shall commence and diligently prosecute to completion 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 orsureties 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 goodcause 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 Agreementas 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, policiesof insurance of the types and in at least the minimum amounts described below:
(i) . Commercial General Liability policy with a minimum combined single Iimitof One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000), in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Subdivider and its contractors and subcontractors in performance of the work under this Agreement..
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury.
(ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State .law. and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease.
In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees arecovered by the protection afforded by Subdivider.
(1) Incase 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 ofemployees 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 setforth 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 .th.is Agreement and prior to commencement of any work hereunder. At City's. option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
(d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves. the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Recuired Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers,. employees, agents and independent contractors shall be named as 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 subrogationagainst the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except onat 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 thelaws of the State of California. In the event that suit shall be brought by either.
Partytothis contract, the Partiesagree that venue shall be exclusively. vested. in the State courts
of the County of Riverside, California or where appropriate, in the United States District. Court, Southern District of California, Riverside, California.
29. Runs with the Land; Recordation.
(a) • The. Partiesagree that the terms and provisions set forth in this Agreement shall be deemed. provisions., terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468;. and shall pass to and .be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property.
(b) • The provisions of Subsection 29(a) notwithstanding, Subdivider shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with the provisions of Section. 18 of this Agreement.
(c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto. . .
30. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Subdivider. The undersigned, on behalf of Subdivider, binds Subdivider, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
Subdivider:
D.R. Horton Los Angeles Holding
Company, Inc_
Signature:
Print Name:
Vicki Gullion
Attachments: Exhibit A
Exhibit B
Exhibit C
City:
CITY OF BEAUMONT
a Municipal Corporation
Signature:
ATTEST:
City Manager
City Clerk
APPROVED AS TO FORM:
John Pinkney, City Attorney
APPROVED AS TO CONTENT:
Robert Vestal, Dir. Of Engineering/Public Works.
Legal description of Property
Cost estimate(s)
Performance & Payment Bond OR Cash Bond
(Proper Notarization of Subdivider's Signature is required and shall be attached)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On 4/1(o/dOAS--
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 names, is/ate subscribed to the within instrument and acknowledged to me that-he/she/they-executed the same in Ns/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
te '
Notary Public
ASHLEY ARRYANN DONOVAN
CuMM #24]7574 g
NOTARY PUBLIC - CALIFORNIA 0
RIVERSIDE COUNTY •
My Commission Expres Septerilw 22, 2026
(Seal)
Bond No 9473421
EXHIBIT "A"
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and .
D.R. Horton Los Angeles Holding Company, Inc. (hereinafter designated as "Principal") have entered •into . • •Agreement To Provide Security For Improvements For Augusta at the Fairways II TR 31462-26 • dated , 20 ,.whereby Principal agrees to install and complete certain designated • public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. 31462-26, • which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal ' ' " sum of Eight Hundred Eighteen Thousand One Hundred Thirty dollars ($ 818,131.85 ) lawful money of the ' ne and 85/10Q
United States, for the payment of which sum well and truly to be made, we bind ourselves, out 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 terries' 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 Depose_ Company of Maryland
SURETY
By:
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.
P NCIPAL
By: ,
Name: Noah Wiliam Pierce Name:
Title: Attorney -In -Fact Title: k $cktit
Address: 1299 ZURICH WAY. 10TH FLOOR Hy:
SCHAUMBURG, IL 60196 Name:
Title:
Address: 980 Montecito Drive, Suite 300
VtLY4 Gulf on
Corona, CA 92879
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
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 21/n
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(A whose name(0)is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 144s/her/their authorized capacity(ies), and that by his/herlthetr signature(g) on the instrument the person(e), 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.
Signature
ASHLEY ARRYANN DONOVAN
COMM 42417574
NOTARY PUBLIC - CALIFORNIA 0
RIVERSIDE COUNTY
• *+y Commssal Exprea Spternbie 22, 2426
(Seal)
STATE OF North Carolina
COUNTY OF Rowan to wit:
1, B '. an M Caneschi, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing instrument this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.
Given under my hand this day of A A , 2025.
Notary Sea[
ubiic
My commission expires on the 4th day of April, 2027.
• ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
. POWER OF ATTORNEY
.KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New .. .
York,. the COLONIAL AMERICAN CASUALTY. AND SURETY COMPANY, a corporation of the State of Illinois; anti* the 'FIDELITY . AND DEPOSIT COMPANY iw MARYLAND a 'corporation of the State or Illinois (herein collectively called the "Cotitpanhcs"), 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 an .the reverse side hereofand are hereby certified to be in full force and effet;t on the date hereof do hereby nominate, • constitute,'and appoint ,Iohrt .E. THOMAS,•Jynell Marie WHITEH1 AI), Jennifer B. CULLETT, Catherine THOMPSON, Amy Ii. :WAUGH, Noah William PIERCE and Andrew NI. BENNETT, all of Charlotte, North Carolina, EACH its true and lawful agent and Attorney -in -Fact, In Make. eXecute, seal and delier, 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 Ci>mpailtes, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected 'officers cif 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.otficers oldie FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. .
The said Vic 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 C'.'orporate Seals of the said ZURICH AMERICAN INSURANCE. COMPANY, COI:ONIA.L AMERICAN CASUALTY AND SURETY COMPANY, and..
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I6th day of August, A.D. 2019. .
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY..
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. •
FIAELFFY AND DEPOSIT COMPANY OF MARYLAND
A.ssista iii Secretary
()awn E. Brows
State of Maryland
County of Baltimore. '
•
. On this 16th day of August, A.D. 20 f9, before the auhsctibcr,.a Ntnaty Public of Me State of Maryland, duly commissioned and qualified; ROBERT D.
M tl.R J.Y, Vice P.rtsedertt,. and DAWN E. BROWN, Assishrst Secretary, of the Companies, to tne, personally known ro be the individuals, and officers' . described in and who executed the preceding instrument, and aclutowledged the exec Minn Of same, and•heing. &y the day sw'oin, deposeth and sa ttt, that he/she is the said officer of the Company aforesaid and that the teals affixed to the preceding insnument are the Corporate Serifs of id. Co rp-anics, and that the said'Corporate Seals and the signature. as such off cr. were duly affixed arid subscribed.ta the said instrnnrcnt by the authority and dinction'nf the said rice President •
.R4herr D..Afa.rruv
IN TESTIMONY WHEREOF, t have.hereunto set my hand and affixed my Official Seal the day and year fire[ above written.
POA-F 177-0035B
Constance A. Dunn, Notary Public '
My Commission Eagan: July 9,'2023
Iltlllrllty
. 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 V.iee•Presideiit .. . . . may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, .policies, recd-gn zances, stipulations, undertakings, or otherlike instruments on behalf of the Company, and may authorize any officer Or any such • '. attorsrey-in-fact to affix the corporate seal €hereto; and may with or without cause. modify of revoke any such appointment or authority at any ate.''
CERTIFICATE
I, the •undersigned, Vice President of the Z1 R]CH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY. COMPANY; and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby.ce tify that the • foregoing Power of Attorney is still in full farce and effect on the date of this certificate; and I do further certify that Aricle V Section 8, of the.By-Laws of the Cornpaaies 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 Bst.?ard of .
Directors of the ZURICI{ 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 Assisrant.Secretary and the Seal of the Company may be affixed by facsintite.on any Power of Attorney —Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board •of • Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on €he 5th day •of. • May, 199,1.; and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF NIARYLANC3 at a. meeting duly called and held on the lath 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 appeatring .upon a certified copy of any power of attorney issued by the Company, shall be valid and blriding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, l have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of March 2025 .
• TO REPORT A CLAIM. WITH REGARD TO A SURETY BOND, PLEASE SUBM1ITALL REQUIRED • .
INFORMATION TO:
• Zurich American lxtsurance CO. •
•Attu: Surety Claims . .
• 1299 Zurich Way,
-Schaumburg; 1L 60196-1056
Bond No. 9473421
EXHIBIT "B"
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California,' and D.R. Horton Los Angeles Holding Company, Inc. (hereafter designated as "the Principal") have entered.into Agreement To Provide Security For Improvements For Augusta at the Fairways II TR 31462-26 • dated ,. 20_; whereby Principal agrees to install and complete certain designated . public .improvements. which is.herebyincorporated herein and made a part hereof; and • WHEREAS, under the terms' of the said agreement, the Principal is required before entering .upon . the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6. of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound . unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other .persons employed in the performance of the said agreement and referred to at Title 3 (commencing with. Section • 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of * dollars ($** ), • for'. materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance • Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding .the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to. the • face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. * Eight Hundred Eighteen Thousand One Hundred Thirty One and 85/100 ** $818,131.85 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns. in . • any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. . •
The Surety hereby stipulates and agrees that no change, extension of time; alteration; or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its • obligations on this bond, and it does . hereby' waive notice of any such change; extension, alteration, or addition..
[signatures o'n following page
8
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposit Company of Maryland
SURETY
By:
Name: Noah William Pierce
By:
(Seal)
D _ Horton Los Angeles Holding Company, Inc.
PRINCIPAL
`7)/4,
Name: . V 1 t< -I tAkf C l
Title: Attorney -In -Fact Title: r\S+S}'� _ 6et•vG-rJ
Address: 1299 ZURICH WAY, 10TH FLOOR By:
SCHAUMBURG, IL 60196
Name:
Tit€e:
Address: 980 Montecito Drive, Suite 300
Corona, CA 92879
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On 5/ bra
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in. his/her/their authorized capacity(tes), and that by his/her/their signature(s) on the instrument the person(, or the entity upon behalf of which the person(S) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
U
•
Signature / .gt --- (Seal)
Not. Pubicprz
ASHLEY ARRYANN DONOVAN
COMM #2417574
NOTARY PUBLIC - CAUFOERNIA
RIVERSIDE COUNTY •
e ys My Commsswn Expires member 22, 2026
STATE OF North Carolina
COUNTY OF Rowan to wit:
1, B- an M Caneschi, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing instrument this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.
Given under my hand this day of
Notary Seal
, 2025.
My commission expires on the 4th day of April, 2027.
• • 'ZURICH AMERICAN INSURANCE COMPANY
'COLONIAL -AMERICAN CASUALTY AND SURETY COMPANY
• FIDELITY. AND DEPOSIT COMPANY OE MARYLAND
• POWER OF ATTORNEY
KNOW ALL MEN EY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a Corporation of the State of New.
York, the COLONIAL•AME€ JCAN CASUALTY AN€) SURETY COMPANY, a corporation oldie State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the Slate of tllinois (herein collectively called the "Companies"), by • ROBERT D.'MURRAY, Vice President, in pursuance.df authority granted by Article V, Section 8, of the 13y -Laws of said Companies, which are set forth on the. reverie side hereof a nd are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John F. THOMAS, :€yoell Marie W7TITEHEAD, Jennifer B. GULLETT, Catherine THOMPSO.N, Amy R, . WAUGH, Noah. William PIERCE and Andrew M. BENNETr; all of Cbartotte, North Carolina, EACH its true and lawful agent and .
Attorney -in -Fact, to make, execute, seat and deliver, for, and on its behalf as surety, and as its act and deed; any and all bonds and undertakings, andthe 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 o€ the .
F1DEL€TY. ATft) DEPOSIT COMPANY pt., 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 S., of the By -Laws of said Companies, and is now in force. .
lA Wf7NESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and mixed 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
FIDELI'iV AND DEPosrr COMPANY OF MARYLAND
Assistant Secretary
f)art'n E. 6'roivi
• State•of Maryland
• County of Baltimore '
• On ties 16th day cfAugust, AD. 2019, before the subscriber,. a"otary Public.of the •State ut Maryland. duly commissioned and qualified_ ROBERT f D.
MURRAY; Vice President. and DAWN E. BROWN, Assistaat.Seeretary, of the. Companies, to me personally known to be the individuals .ancl officers desc-ribed in and wino executed the precedinginrtrumern, and acknowledged the execution of same, and. being by me duly sworn. dageseth and saint, that he/she is the said offf cer of the' Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seats of said Companies, and that the said Corporate Seals and the signature as suck officer. were duly affixed and subscribed to the•said tnstrutnent by the authority and direction of the. said IN TESTIMONY WHEREOF,•1 have hereunto set. my hand and affixed illy Official Seal the day and year first above' written.
POA-F 177-0035B
Constance A. Dunn, Notary Public
My Commission Expires July 9, 20.23
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'1W 40 :601tea
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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys. in -Fact. '['he Chief Executive Officer, the President; or any Executive Vice President or Vice President may, by written instrinnens under. the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, • recognizanoes, stipulations, undertakings, or other like instrvtnents 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 ofrevoke any Stroh appointment or authority at any . tame."
CERTIFICATE
f the undersigned, Vice President of the ;ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL. AMERICAN CASUALTY AND SU1tETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is•sttll 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 Attorney...Any such Power or any certificate thereof bearing such • facsimile signature and seal shall be valid and binding on the Con puny." .
This Power of Attorney and Certificate may be sighed by facsimile under and by authority of the following resolution of thc•Brard of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY a a meeting dilly 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:, I990. . .
RI✓SOLVED: "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 Three and area. as though manually affixed. .
IN TESTIMONY WHEREOF, [ have hereunto subscribed My name and affixed the corporate seals of the said Companies, this 4th day of -March 2025
M1
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 106.
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, 31462-23
DATE OF AGREEMENT: March 7th, 2022
NAME OF SUBDIVIDER: Montage Homes of California, inc.a California Corporation _ (hereinafter referred to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT:
55 residential
PA22B subdivision
consisting of
, originally approved on
lots,
, and Tentative Tract 31462 ("Tract"
or "Tentative Tract Map") ,
originally approved on September 8th, 2016
FINAL TRACT MAP APPROVED ON RECORDED ON
AS INSTRUMENT NUMBER: ("Final Tract Map").
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").
EST. TOTAL COST OF.
PUBLIC IMPROVEMENTS:
$ $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: Bond No, 30/48212 for PA22B 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. Meritage Homes of California, inc. , a California Corporation (hereinafter referred to as. 'Subdivider). City and Subdivider are sometimes referred to hereinafter individually as a. "Party", and collectively as the 'Parties".
RECITALS
A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property„)
B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City subdivision laws and codes.
D. In consideration of the approval of a final map by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws.
E. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works ("City Engineer"). The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The. Plans will be on file in the Office of the City Engineer . . and are incorporated into this Agreement by this reference as if set forth fully herein. All. references in. this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by. the City Engineer.
F. An estimate of the cost for construction of the pudic 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 subrnit 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 1 00% of the estimated cost of the Improvements as set forth in Exhibit"B"; and (ii) and 00/100 DOLLARS ($XXX,XXX.XX)
to secure payment to any contractor, subcontractor, persons renting equipment . or furnishing labor materials for the improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one hundred percent (100%) of the estimated cost o€ the Improvements; and (iii) and 00/100 DOLLARS ($ 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 labordone 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,)XX_(X) in the form of a cash deposit, which is 100°/0 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 andstreets 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 fling of a satisfactory replacement Improvement Security with the City Clerk; the former Improvement Security shall be released. (c) Subdivider •agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City,. provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts.
(d) Any additions, changes, alterations, or modifications of this Agreement orto 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 shell 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. 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: John Pinkney, Esq.
SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
Notice to Subdivider: Meritage Homes of California, Inc. 5 Peters Canyon Rd, Suite 310
Irvine, CA 92606
Attn: Efrem Joelson
22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.
23. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
24. Insurance.
(a) Subdivider shall, at all times during the construction of the Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Subdivider and its contractors and subcontractors in performance of the work under this Agreement. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury. (ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease. In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. (2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance.
(b) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies. required by this Section shall be issued by a California -admitted insurer with a rating of at least a A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can be obtained by Subdivider; and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance 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:
/hers e- ftoky,cr o 4a if/tea, L
Ca li‘ente. Cyr,
By: �y • ��j����,� ��,,}1
.'Ictroh T;%ji ,Gof V/
City:
CITY OF BEAUMONT
a Municipal Corporation
By
City anag
ATTEST:
City Clerk
APPROVED AS TO FORM:
John Pinkney, City -ttr� ney
APPROV AS TO CONTENT:
Jeff Hart, Dir. Of Engineering/Public
Works
Attachments: Exhibit A Legal description of Property
Exhibit B Cost estimates
(Proper Notarization of Subdivider's Signature is required and shall be attached)
CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _..• %:�"arrc
7 On A9ce (-2ff: 2- O2-2- before me, 4nc✓2'et.).S;Ve-r7, ,/L4rv--v._,Z4 b1' -C .._._.._, Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed. to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their . authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r
-L: of ;.. ANDREW SALAZAR
.A Notary Public - California i
�-* Orange County
-' `; ' Commission # 2365034 i
"
etc: 1,-> y Com M m. Exp'fires Jul 10, 2025 }}
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
OPTIONAL —•-- • _ .. .
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:
Signers) Other Than'Named.Above:
Capacity(ies)'Claimed by Signer(s)
Signer's' Name:
❑ Corporate Officer = Title(s):
❑ Partner— ❑ Limited•D General
❑ Individual ❑ Attorney in Fact
❑ Trustee
❑ Other: _
Signer is Representing: _.
❑ Guardian or Conservator
©2019 National Notary Association
Number of Pages:
Signer's Name:. _.
❑Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
•.
Bond No. 30148212
EXHIBIT "A"
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 leemicey 2 ( , 20 whereby Principal agrees to install and complete certain designated public improverfients itemized and described on Tract Map, Parcel Map or Plot Plan No. Tract No. 31462-23, which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Four Hundred Sixteen Thousand Seven Hundred Seventeen and 40/100 dollars ($4161 717.40) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
[signatures on following page]
6
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on January 21 , 2022.
(Seal)
The Continental Insurance Comnanv
Name: James I Moore
Title: Attorney -in -Fact
(Seal)
Meritage Homes of California, Inc.
By:
Name: GL A.) P. -rt
Title: \ (- uwo EU eewe-itJ'T
Address: 151 N. Franklin Street By: -4 1/1
Chicago, IL 60606 Name:
14) l la SCeicU'zz&.
Title: f V P C Ft/
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 7
f
ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF ARIZONA
COUNTY OF MARICOPA
)SS
On February 1, 2022 before me, Jeanne A. Malys , Notary Public, personally appeared _Glen A. Tulk, Vice President - National Land Develo_ ment of MeritaLe Homes of California, Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
JEANNE A. MALYS
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
COMMISSION # 590544
MY COMMISSION EXPIRES
OCTOBER 17, 2024
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
PARTNER(S) ❑ LIMITED
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
_J GENERAL
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by Fist American Title Company 11/2007
ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF ARIZONA
COUNTY OF MARICOPA
)SS
On February 1, 2022 before me, Jeanne A. Malys , Notary Public, personally appeared Hilla Sferruzza. Executive Vice President - Chief Financial Officer Merita. e Homes of California Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
4'
JEANNE A. MALYS
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
COMMISSION # 590544
MY COMMISSION EXPIRES
OCTOBER 17, 2024
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
PARTNER(S) ❑ LIMITED
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
GENERAL
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/2007
STATE OF ILLINOIS
COUNTY OF DUPAGE}
On January 21. 2022, before me, Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared, James I Moore known to me to be Attorney - in -Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires, August 28, 2025
Commission No.859777
t.
Sinem Nav,, Notary Public
SINEM NAVA
Notary Public - State of Illinois
Id+v Commission Exj res Au, ?025 I{
..r
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
James I Moore, Stephen T Kazmer, Dawn L Morgan, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, Tariese M Pisciotto, Diane M Rubright, Martin Moss, Individually of Downers Grove, IL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2021.
The Continental Insurance Company
Paul T. Bruflat Dice President
State of South Dakota, County of Minnehaha, ss:
On this 20th day of June, 2021, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. + +
M. BENT
NOTARY PUBLIC+
-. SOUTH DAKOTA
My Commission Expires March 2, 2026
M. Bent Notary Public
CERTIFICATE
I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 21st day of January, 2022.
The Continental Insurance Company
D. Johnson
Assistant Secretary
Form F6850-4/2012
Go to > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Bond No. 30148212
EXHIBIT "B"
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California; and 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 �i�rtrtr.�� ( , 20 .24. -whereby Principal agrees to install and complete certain designated: . public, improver :nts which Ts 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 • Four Hundred Sixteen Thousand Seven Hundred
9000; et seq.) of Part 6 of Division 4 of the Civil Code in the sum of. 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, iii . .. 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
Name: James I Moore
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on January 21 , 2022.
(Seal) (Seal)
The Continental Insurance Company Meritage Homes of California. Inc.
P 1ICI
By:
Name: G LEN
Title: Attorney -in -Fact Title: Vi - ft1f�Ti-aNA` LAND DG V Of M y Address: 151 N. Franklin Street
Chicago, IL 60606
L
Name: \-kl `Q S s t)ZZ C-
Title: E Q
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9
4 ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF ARIZONA
COUNTY OF MARICOPA
)SS
On February 1, 2022 before me, Jeanne A. Malys , Notary Public, personally appeared Glen A. Tulk, Vice President - National Land Develo; ment of Merita. e Homes of California, Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
JEANNE A. MALYS
NOTARY PUBUC - ARIZONA
MARICOPA COUNTY
COMMISSION # 590544
MY COMMISSION EXPIRES
OCTOBER 17, 2024
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S)
PARTNER(S) ❑ LIMITED
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
❑ GENERAL
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/2007
ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF ARIZONA
COUNTY OF MARICOPA
On February 1, 2022
before me,
)SS
Jeanne A. Malys
, Notary Public, personally appeared
Hilla Sferruzza, Executive Vice President - Chief Financial Officer Merita.,e Homes of California Inc. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
JEANNE A. MALYS
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
COMMISSION # 590544
MY COMMISSION EXPIRES
OCTOBER 17, 2024
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLES)
❑ LIMITED
PARTNER(S)
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
GENERAL
Name of Person or Entity Name of Person or Entity
=IL amMil IEMMIr
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Company 11/2007
STATE OF ILLINOIS
COUNTY OF DUPAGE}
O • n January 21. 2022, before me, Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared, James I Moore known to me to be Attorney- • .in Fact'cif 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 co.rporation,. and duly acknowledged to me that such corporation executed the same.
IN WITNESS W..HEREOF,..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, Notary Public
Commission No.859777
— OFFICIAL SEAL
SINEM NAVA
Notary Public - State of Illinois
tl,st . Commission Exires AM. 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 1 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 :+
SOUTH DAKOTA
e
+%%%%%%%%%%%a%%% *%%%%..., +
My Commission Expires March 2, 2026
M. Bent Notary Public
CERTIFICATE
I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 21st day of January, 2022.
The Continental Insurance Company
Assistant Secretary
Form F6850-4/2012
Go to www.cnasurety.co > 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"
Approved
NV5
11/09/2021
PARCEL MAP OR TRACT NO: Street Im^rovement Plans - Tract No. 31462-23 DATE: 11/3/2021
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 =
416,717.40
416 717.40
93 761.41
10,417.93
500.00
16 668.70
750.00
DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding, plan check and inspection costs.
Above amounts do n include additional 20% for recordation prior to having signed plans Above amounts do not n include additional 20% for recordation prior to having signed plans Engineer's Signature Date
Geome A. Lenfestev
Name typed or printed
3 -Nov -21
Civil Engineer's Stamp
*****PLEASE READ INSTRUCTIONS BELOW*****
1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Construction Cost Worksheet".
2. Show Bond Amounts to the nearest $500.
3. For construction items not covered by the Construction Cost Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont unit costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used.
11/3/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT;
Street Improvement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
STREET IMPROVEMENTS
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
Roadway Excavation
C.Y.
1. Projects with a grading plan area x 0.50'
(him4e )ointto hin Ye Doint) ( sf)
$ 15.00
$ -
2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fill (f} _
C.Y. (c or f)
(a.) Excavate and Fill
$ 0.40
$ -
C.Y. (f - c)
(b.) Excavate and Export
$ 1.10
$ -
(c.) Import and Fi11
$ 2.80
$ -
If balance, provide (a.) only, either cut or fill
If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual
`costs to assure that work will be corrected to
eliminate hazardous conditions.)
S.F.
L.F.
Remove A.C. Pavement
Remove Curb and Gutter
1.00 4.00
L.F.
Remove A.C. Dike
$ 3.00
S.F.
Remove Sidewalk
$ 3.00
L.F. . Sawcut & Remove Exist. A.C. Pavement
$ 2.00 $
6 E.A. 'Blue Pavement Reflector
$ 750.00
$ 4.500
$ 4,500
11/3/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Street Improvement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
STREET IMPROVEMENTS (Cont'd.) J
TTEM
UNIT COST
AMOUNT
QTY.
UNIT
L.F.
Remove Chain Link Fence
$ 2.50
$ -
EA.
Remove Barricade
$ 200.00
$ -
1,019
TON
Asphalt Concrete - 144 lbs/cu. Ft.
056.601 SF r� 0.25')
$ 90.00
$ 91,694
1.048
C.Y.
Aggregate Base Class II (56.601 SF (4 0.50')
$ 50.00
$ 52.408
TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) (0 SF)
$ 600.00
$ -
apply at 0.05 + 0.03 = 0.08 a1/SY
$ -
_
S.F
AC over' ay , min. 0.10')
If export, provide (a) & (b), a=fill, b=cut-fill
If import, provide (a)&(C), a=cut, c=fill-cut
(Unit costs for (a), (b) & (C) are 20% of
actual costs to assure that work will be
corrected to eliminate hazardous conditions.)
$ 0.90
$ -
S.F.
Remove A.C. Pavement
$ 0.50
$ -
L.F.
Curb and Gutter (Wedge Curb)
$ 8.00
$ -
3,426
L.F.
Curb and Gutter (Type A-6)
$ 10.00
$ 34,260
~
L.F.
Curb and Gutter (Tvpe A-8)
$ 12.00
$ -
L.F.
Type "C" Curb
$ 10.00
$ -
L.F.
Type "D" Curb
$ 15.00
$ -
L.F.
A.C. Dike (6") (incl. material & labor)
$ 8.00
, $ -
~
L.F.
A.C. Dike (8") (incl. Material & labor)
$ 10.00
$ -
734
S.F.
P.C.C. Cross Gutter and Spandrels
$ 10.00
$ 7,340
20,970
S.F.
P.C.C. Sidewalk
$ 6.00
$ 125,820,
$ 36,864
4,608
SF
P.C.C. Drive Ayproach (48 (a, 16' Wide)
$ 8.00
2 EA.
Handicapped Access Ramp
$ 1,500.00
$ 3,000
EA.
P.C.C. Drive Approach
(individual lot driveway approach per finished grading plan) $ 8.00
$ -
S.F.
Join Existing( Pavement (Grind & Overlay Exist. A.C.)
$ 4.00
$ -
$ -
$ -
SUBTOTAL = $ 351,385.95
1i,g; 2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Street Im 'rovement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
STREET IMPROVEMENTS (Cont'd.1
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
2 EA.
Street Name Sit:i
$ 250.00
$ 500
EA.
Delineators -per Caltrans Std. A73C,
Class 1 T is - F
$ 40.00
$ -
EA.
Object Markers - Modified Type F
Delineators Riverside Count:,
$ 40.00
$ -
34 L.F.
Barricades
$ 28.00
$ 952
L.F.
Utility Trench, one side (Edison, Telephone, Cable) (1'/2 Total length of streets '
$ 10.00
$ -
L.F.
Chain Link Fence (61
$ 12.00
$ -
L.F.
Remove Fence
$ 4.00
$ -
EA.
Remove Power Pole
$ 1,200.00
$ -
EA.
Street Lights (including conduit)
$ 5,000.00
$ -
EA.
Street Trees (15 gallon)
$ 150.00
$ -
EA.
Remove Existing Concrete Bulkhead
$ 500.00
$ -
EA.
Concrete Bulkhead
$ 200.00
$ -
C.Y.
Structural Reinforced Concrete
- $ 400.00
$ -
EA.
Slope Anchors for Pipes
$ 300.00
$ -
L.F.
Cut Off Wa111Std. 2')
$ 5.50
$ -
EA.
A.C. Overside Drain
$ 500.00
$ -
EA.
Under Sidewalk Drain
$ 1,800.00
$ -
S.F.
Terrace Drains and Down Drains
$ 6.50
$ -
S.F.
Interce .tor Drains
$ 6.50
$ -
4 EA.
Gutter Depression for Curb Opening Catch Basin Case B
$ 1,500.00
$ 6,000
2 EA.
Gutter Depression for Curb Openin Catch Basin Case C
$ 1,500.00
$ 3,000
EA.
Access Drivewa' for Storm Drain at Cul-de-Sac
$ 640.00
$ - _
1 EA.
"STOP" Pavement Marking
$ 200.00
$ 200
1 EA.
Limit Line
$ 75.00
$ 75
1 EA.
R1 "STOP SIGN"
$ 250.00
$ 250
EA.
W14-1 "DEAD END" Sign
$ 250.00
$ -
EA.
S4-5 "SCHOOL ZONE AHEAD" sign
$ 250.00
$ -
EA.
SR4-1 i CA'. "SCHOOL ZONE" sin
$
$ 250.00
$ -
SUBTOTAL = $ 10,977.00
11/3/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT;
Street Improvement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
STREET IMPROVEMENTS (Contd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
C.Y.
Rip Ra 7 (1/4 Ton) Method B
$ 35.00 .
$ -
C.Y.
Rip Rap (1/2 Ton) Method B
$ 40.00 ,
$ _-- -
C.Y.
Rip Rap (1 Ton) Method B
$ 45.00 ,
$ -
C.Y.
Rip Rap (2 Ton) Method B
$ 50.00
$ -
C.Y.
Grouted Rip Rap (1/4 Ton) Method B
$ 45.00
$ -
C.Y.
Grouted Rip Rap (1/2 Ton) Method B
$ 55.00
$ -
C.Y.
Grouted 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
$ -
0 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. Fitting (Bend, couplinY & end cap)
$ 320.00 $ -
SUBTOTAL= $
11/3/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Street Improvement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
STREET IMPROVEMENTS (Cont'd.)) __-
QTY. f
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
60" C.S.P.
$ 115.00
$ -
EA.
Catch Basin W = 4'
$ 1,700.00
$ -
EA.
Catch Basin W = 7'
$ 3,000.00
$ -
EA.
Catch Basin W = 10'
$ 4,000.00
$ -
EA.
Catch Basin W = 14'
- $ 5,500.00
$ -
EA.
Catch Basin W = 21'
$ 9,000.00
$ -
EA.
Tp3e IX Inlet
$ 2,500.00
$ -
EA.
Type X Inlet
$ 2,500.00
$ -
EA.
-
Junction Structure No. 1
$ 3,000.00
$ -
EA.
Junction Structure No. 2
$ 2,500.00
$ -
EA.
Junction Structure No. 6
$ 3,700.00
$ -
EA.
Transition Structure No. 1
$ 2,000.00
$ - -
EA.
Transition Structure No. 3
$ 2,700.00
$
EA.
Manhole No. 1
$ 2,700.00
$ -
EA.
Manhole No. 2
$ 3,300.00
$ -
EA.
Manhole No. 3
$ 2,700.00
$ -
EA.
Manhole No. 4
$ 5,000.00
$ -
EA.
Adust Water Valve (if no water clan)
$ 150.00
$ -
EA.
Ad'ust MH to sus ade (if no sewer 11an)
$ 400.00
$ -
EA.
Headwall
$ 5,000.00
$ -
Remove & Dis 3ose of Interferrinu 30" Storm Drain
L.S.
and 36" Riser
$ 500.00
$ -
EA.
Remove & Dis 3ose of RCB Headwall & Wingwall
$ 10,000.00
$ -
L.F.
and Concrete Bulkhead
$ 25.00
$ -
EA.
Outlet Structure (l..ine A & B) -
$ 5,000.00
$ -
EA.
Remove Existing Headwall
$ 1000.00
$ -
L.F.
Catch Basin Trash Rack
$ 25.00
$ -
$-
$ -
$ -
II/3/2021
..CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Street Im )rovemment Plans - Tract No. 31462-23
DATE: 3 -Nov -21
STREET IMPROVEMENTS (Cont'd.'}
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
EA •
Water Quality Structure
W
$ 2,500.00
-
LS
Concrete Inlet Apron -
$ 11,000.00
$ _
LS
-
Emergency S )illway
$ 27,000.00
$ -
LS
84" Storm Dram Grate
$ 8,500.00
$ -
SF
3' Wide V -Gutter (945 LE)
$ 4.00
$ -
$ -
$
$ -
$ -
Subtotal
Subtotal
Contingency (15°4)
362,363
$ 54,354
C. StreetsiDrainage Total (A + B) $ 416,717
**Ye**grit *** kfe**Itk K*•t** *lr*#-ONFie **** *31:**C*.,a5******4*•**/r*irRit.**!YK*+c'*****#***irrA41 11,43/2021
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Street Improvement Plans - Tract No. 31462-23
DATE: 3 -Nov -21
SEWER IMPROVEMENTS
Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
4" PVC. (73 Lots r%i? 25' Avg. Length & 5' for cleanout) $ 15.00
$ -
L.F.
4" P.V.C. Force Main & Fittings
$ 26.00
$ -
- L.F.
8" PVC
$ 30.00
$ -
L.F.
10" V.C.P.
$ 35.00
$ -
$ -
L.F.
12" V.C.P.
$ 40.00
L.F.
15" V.C.P.
$ 50.00
.$ -
EA.
--
Standard or Terminus Manholes
$ 2,500.00
$ - -
E
EA.
Modified 5' Manholes
$ 3,000.00
$ -
EA.
Drop Manholes
$ 4,000.00
$ - -
EA.
Sewer Lateral Connection per RCTD No. 600
$ 500.00
$ -
EA.
Sewer Y's
$ 25.00
$ -
EA.
Chimneys
$ 300.00
$ -
EA.
Adjust M.H. to grade
$ 340.00
$ -
L.F.
Concrete Encasement
$ 20.00
$ -
EA.
4" P.V.C. Misc. Fittin;.zs
$ 120.00
$ -
L.F.
Sewer Pipe Sleevino
$ 36.00
$ -
EA.
Sewer Lift Station
-
$ -
'
' EA.
Back low prevention device
$ 250.00
$ -
EA.
8" P.V.C. Misc. Fittings & Pugs
$ 190.00
$ -
EA.
Remove 8" P.V.C Plug
$ 190.00
$ -
C.
*******************************************************************************************************4 Subtotal
Contingency (15% x A
Sewer Total (A + B)
11/3/2021
GEAE R4L NOTES
1. THE COMPACTOR SHALL BE RESPONSIBL E FOR M£ GURNO OF M£ PROPOSED WORK AREA AND RELOCATION COSTS (FALL EXISTING MIS I NCLUDES U NDERGRO UNG. OF ENS. 01... LIN E S MOND THE PR OIECT FRONTAGE AS REQUIRED BY THE CONOOIONS OF APPROVAL PE RMIT.- MUST INFOR M CITY OF COMSIRUCBON SC IEDII E AT LEAST 46 HOURS PRIOR TO BEG WNUVC OF CO NSTRU CTIO N AT (951) 769-6520 .
2. ALL W ORK S OUL CONFORM TO THE REQUIREMENTS OF THE STANDARD SYCOOMO NS FOR PUBLIC WORKS CONSTRUCT. ORFCGIRUOS LATEST £OINON AND THE RIVERSIDE COUNTY TPANSPORTAPONN OM ARI!AM NPR...
STANDARDS AND SP£CIFlCAEONS 'ASST EDITION, ' COUNTY ORDNANCE I/O. 461 AND SUES IR VEI N AMENDMENTS
3. ALL UNDERGROUND EAG LE' S, MM LATERALS SMLL BE IN PLACE PRIOR TO PAVING TIE STREET SECTION INCLUDING , BUT NOT UN ITED TO, THE FOLLOWING SEWER, WATER, ELECTR IC, C AS AND STOR M DRAI N. 4 IT SHALL BE THE MSPONO RNAY R TH E CONTACTOR OR DEVELOPER TO INSTALL AND MAI NTAI N ALL CO NSRUCTI N,REGULATOT; GUIDE AND WARNING SIGNS WITHIN TIE PROSE LIMITS AND NS SURROUNDINGS TO PROVIDE SATE PASSAGE FAR THE TRAVELING PUBLIC AND WORKERS UNTIL TIE FlNAL COM E -PON AND ACCEPTANCE . THE PROM, BY THE GI,. A TRAFHC CO NTROL PUS ANSI BE SUBMITTED WITH AIPRO£D STREET PUN FOR REVIE W PC THE PERM ITS YCNON OR IN ... SECTION (FOR IMP USES) PRIOR TO ORE NBU RG AN ENCROAC HME NT PER MS 5 ANY PRI✓AS DRAINAGE FACILITIES SHOWN ON THESE PUNS ARE FOR INFORMATION ONLY BY SIGNING MESE
IMP ROVEMENT PLANS, NO RENEW OR APPROVAL OF MESE PRVATE FACI LITIES ARE I MPLIED OR IN TEN DED BY CITY OF .11AO NT PUBLIC WORKS DEPT.
6. ME DEVE LOPER W ALL IN STALL STREET NA ME SO NS CON FORM ING TO R.CT .O STANDARD N0 . BI6 .
1. ALL STREET SEC .. A RE 1FMAINE. ADDTD . SOIL TE STS SMALL R TAKEN AMER ROU GH GRADING TO DETER MINE ME EXACT STREET SECTION REQUIREMENTS USE R.C. i.D. STANDARD N0. 401 IF EXPANSIVE SOILS ARE ENCININI£R£D .
E SHALL BE THE M.S..RIVERSIDE
OF THE DEVELOPER TO NOPF1' TME ENGINEER TO INSTALL STREET CENTERLINE MO
NUMENTS AS REQUIRED BY RIVERSIDE COUNTY ORDINANCE NO. 461. E CONSTRUCTION CENTERLINE &MRS, PROVIDE A PE TO EXISTING CENTERLIN E OA RIOHT-DE-WAY. PRIOR TO ROAD CONSTRUCTION 5.. MO NU ME NTS I NCLUDING CE NTERLINE TS DE POINTS PROPER TY CO RN ERS A ND BENCH M ARKS SHALL BE REM.. O UT AND GARNER RECORDS BLED MM ME COUNTY SUR.. PURSUANT i0 YCM IN 6771 . ME BUSINESS & PROFESSIONAL
CODE SURVEY POINTS DESTROYED DURING CONSTRUCTION SHOA L BE RESET, AND A SECOND CORNER RECORD BLED FO R TH OSE POINTS PRIOR TO COMPLETI ON AND ACCEPTANCE DF ME IM PROV£MEN15.
9. ASPH ALTIC EMULSO N (FOG SFU SHALL GE A PPLIED N OT LESS MW FOURTEEN DAYS FOLLOWING PLACE MENT OA ME A SPH ALT SURFACING. FOG SEAL AND PAIN T BIND ER MA LL BE AP PLIED AT A R ATE OF 0.05 AND 0.03 GALLO N PLR SQUARE YARD RESPECTIVELY. ASPH4 .NC EMULSION SHALL CONFORM TO SECTIONS Jl, 39 AND 94 OF INC STATE
STANDA RD SPECIFICATIONS
to. PRATE CENT 5 R EQUIRED PRIOR TO PAVING ALL GRADES IN EXCESS OF TEN PERCENT.
H. CON STR UCTOR PRO EM .TU.I. M ORE THAN ONE ACRE AIM OMAN A ELIMINATION STEM (NPTES PERMIT) OWNERS/DEVELOPERS ARE REQUIREDTO S L£ A NOTICE OF INTENT (NCI) MM THE STATE WA. RES OURCE S CONTROL BOARD (SWE DE), P REPA RE A S TORM W ATER POLLLMDN PREVENTIO N PLAN (SWYPP) AND MONITORING PLAN FOR ME STE
12 . ME DEVELOPER .LL BE RESPONSIBLE F OR ME I.OLUIO N OF ADUIIA WL SIGN S AND AM R.. N OT MG LU DED IN
THE M OM AND STRIPING PLAN WITHIN THE PRCMEC/ AREAS, OR ON ROADW AYS AOACENT TO IR PROJECT BOUN DAR IES UP ON THE REQUEST OF ME DIRE CTOR OF PUBLIC WO RKS OR H5 DESIGN. TO IM PROVE ERA,. SAFETY ON ME ROE S UN DER ME JUMSOICIIN OF TH E DEVELOPER .
13. IT SHALL BE THE RESPONAR'UTOF ME DEVELOPER/CONTRACTOR TO APPLY TO ME RIVERSIDE COUNTY R OOD CON TROL (RCS) FAR PERM ITS WHEN ANY STORM ORM PIPE .5 TO B£ CONNECTED MiN A RCFC FM. A ND ADD PERMIT'' / ON THE P...
14. IF SMELL BE II£ RESPONSE,. OF ME CONTRACTOR OR DEVELOPER TO APPLY O THE DILI. . DEPARTMENT' OF N TR ANSPORTATION (ULTRA'S) FOR AN ENCROACHM EN T PERMM FOR ALL WORK PERFORMED WIMM STATE RAMF-OF-WAY.
IQ. CURB DEPRESSIONS AND ORNOWAY APPROACHES WILL BE INSIMED AND CONSTRUCTED ACCORDING TO COUNTY /Ty STANDARDS Na 206 ANO/OR OCT AS DIRECTED IN ME HELD.
1.1) RAtLIONTS APPROVED STREET LIGHTING S'CINYATIANS STREET L. SHALL BE INS TALLED IN ACG.W.- WM ME A PP ROVE D SIRE.LI GHTING PLAN P. CM OF /117 FOR ALL DRIVEW AY RECONSTRUCTION BEYOND RIGA -OF -WAY PROOF OF DRIVEW AY OWNER N05.. 0 REQLNRED i. i PRIOR M REET b E I
MI6 TAI L STREET SPEY IN ACCORDANCE YAM ORDIN AN CE 461 A ND THE COM PRDE NSNE LANOSCAMNG WlRINES SOP(CHOOSE THREE SPECIES AND NAME ITEM HER£).
CO DEVELOPER F SHALL HAVE I I ES M. ALL
E NGIN EERIN G PIER OR COT 0FTW AYNG BACK HLLOF & PSOL
AC
COM PACTION 00 AL MAT MIMES MTIIIN AU FASEMEN IS & ROAD RIGHTS OF W AY. ]NO SETS NT LOM PACTON REPORTS CAR]NONG O „,„7,/,...„,=r IN CONFORMANCE TO STANO NOS & CEO T M UST[ REPORT SHALL BL ' ^ SYIBM I//£ D AMR UCH MP LE IEO tr C£RIFl ED. CONPAC1Xk l REPORT M UST BE SUBMI TED TO ME V 1 D£P( OF PUBLIC WORKS AT .51- TWO WORKING DAYS BEFORE AGGREGATE BASE MATER. ARE PLA CED ONSTE OR3E4lE BYG ISIBAOR E TOCON7R4CTQ A' S)
OL
CA)
Q
THE EXISTENCE AND LOCATION OF ANY ...ND UTILI TIES OR STRUCTURES SHOWN ON NESE PUNS ARE OBTAINED BEA.. ON IS SIC E AVAILABLE RECORDS TO THE BEST OF OUR KNOWEEDCL THERE ARE NO MGM UTKIIES EXCEPT (H OSE SHOWN ON THEY P LA NS PIE CLWTR AC TOR IS REG.. TO TAME ALL PRE CAUTION AR Y ME ASURE S TO PRO TECT ME UALITES SR . AND ANY GM LANES OR 5611CT/RES N OT SHOWN ON TRY P LANS AN D LS RE...ME F OR M- PR OM,. OT; AND AN Y D AMAGE TO THES E INE S OR SIRACMRE S IT SHALL BE THE CONTRACTORS RES..SWI. TO NOTIFY THE ORM OF ALL UELITES OR STRUCTURES CONCERNED BEF .E S TAR TIN G W OR K
CEMPIES MGM HEREON ARE PROVIDED FOR SOONG PURPOSES O NLY. CONRACRN SHALL BE REA RONS LE FOR VER IFYIN G AC MAN .. PR IOR TO BODIN G FOR CpNSIRUCTON.
THE PRIM. BIGNEER SIGNING TESE PLANS T'S REMWP BLE FOR ASSURING ME ACCURACY AND ACYPTAB. O`" ME CYSGN BRA N. IN NE EVEN T DAaS GES AR@I G A FTER MIr APPRO VAL OR 0l% c CON STRU CPC N, I' PRVATEMINER SH AH BE RESP ONO RLE FOP DEERM MIN C AN ACCEPTABLE MU . A. REVISING TH E PLAN S FOR APPROVAL BY PE CI TY.
LADERGROUAD877W7LRES
AND UN DERGROUND
MOSE SHO WN ON ME .M INED ARE IN TERN D O RE OW N.
MSS
A PPROXIM ATE L.. A ND EXTENT. ME OWNER BY ACCEP TING MESE PUNS OR PROCEEDIN G MM IM PROVEME NTS PU RSUMM )HERETO AGREES TO ASS. LAUU N AND TO HOLD UN DERSIGNED H ARM LESS FOR ANY DAM AGES RESU LTING FROM ME MST..
OF I. I.R.MND OURS OR SMUG.. NOT REPORTED TO THE UNDERSG.
NOT INDICATED ON THE PUBLIC RECORDS MIMEO LOOTED Ai VARIANCE WITH MAT REPORTED OR SHOWN ON RECORDS EYAM MED. TR CON IAACOR YS REQUIRED TO TAKE DUE PREUMIO NAT Y M EASURES TO P ROTECT THE UP.. OR STRUCTUR ES SHOWN AND ANY OTHER UPL S OR STRUCTURES FOUND AT ME SINE. R SHALL BE ME CONTRACTOR'S RESPONSIBILITY i0 NOW THE OWNERS OF THE UPLL.S OR STRUCTURES CONCERNED BEFORE STARTING W.
I.APPRO✓AL OF MESE PLANS AP PLIES ONLY MA IN ME JURISDICTION 00 ME CITYTR ...NG FOR WILMS AND STRUCTURES IS NOT ALE,. LING StlL COMPACTOR REPORT IS SNUBMIT R AND APPROVED BY ME P UBLIC WOR KS DEP ARTM ENT. 1 TI CM E CIREM.. ME RIGHT TO REWIRE REVISION OF ME AP PRO. PANS TO
CONFORM M TH CURRENT STANDARDS AND TO PO SE A NEW BOND IF CONSTRUCTION HAS NOT COMMENCED MAIN TWO YEARS AFTER PANS MERE APPROVED.
SIDEW ALK AND OR VEW AY APPROACHES WILL BE PpN'D/CONSIRIG. ONLY AO.
DRIVEW AY LOCATIO NS ARE DE.M IED.
CITY OF BEAUMONT, CALIFORNIA
STREET IM PRO VEMENT PLA NS
T RACT NO. 314 62-2 6
oA_+OADV
e1TF " EAL ` I '
162 j
aaARAIDV OFBIGAS9? RWORD
H EREBY D£UA RE .TW MY P. RO EMON N M., PM DESIGN . ME
MPROVEMENTS AS SOWN ON MS C PANS CWP.5 MM P' CURRENT
PROFESSIONAL ENG.. STAND. AND PRACICES AS SE ENGINEER IN R ES PON SIB LE C.RCE OF THE D ES IGN OF .ESE MPROKRN TS I ACC. FU LL RESPOMMLITY FOR S UCH DESYCN. I M.G. AND ACM... MAT TE
PUN GIES OF MESE FANS BY ME CRY OF BECOME IS A AN EW FOR ME .OED PURPOSE OF ASURING MAT THESE RIMS COM PLY W. ME G OY P.RCESSRS AND OFFER APPLIUNE CODES AND CROlNONCE2 ME PUN RENEW P ROCESS IS NOT A R2RMN ATYON OF ME TECHN ICAL ADEQUA CY OF ME GS M OF FIE IMPROVE.. SU. PUN COCK ODES NOT EMPEFORE MAR E AE .
MY DESIGN RESPON.L..
AS TOE T DS
SI RECORD, I ACRES D DEFEND AND S/RM IFY PIE /I A L
BE AUM ONT; DS CFQIAMC IA AGEN TS, AN O ITS EM PLOYE ES' FR OM AM A ND ALL U AWM .. GAMS ER OR MAR ES TO AN Y PERSON OR P FOPERIY ARISING FROM N EMMAN T ACTS SUMS OR O. MMMS OF TM ENGIMR OF R ECORD 65
ROAMS HIS COMAANTS
GEORGE MIN MMES. R. C.E. 45920 DATE
GPM. DAM T'2-31-2022
07/19/21
h 62.16
8 100• IDS•
C .B . iO3 W=2
Ow=7.9/ CFS
O,m=13.40 C
C.B. 05 W=14.00'
Q9=3.49 CFO
044=5.82 CFS
7E4 CT
BOUN
SCALE.' 1,100'
INDEX MAP
C.B. (7 W=21.00
0w=4.71 CFS
WORK TO BETE 09,7.86 CFS
ME IMPROVE MENT WORK S HALL BE P ERFO RME D 1N ACCOR DAN CE ATM ME F OLLOWING DOCUMEN TS CUR REN T AT ME T HE OF CON STRUCWy AS DIRECTED BY THE CITY ENGINEE R.
B£AUM MT MUN ICIPAL COOS
2. F OR STREETS: RIVERSIDE COUNTY OR DINAN CE N O. 461.
FLOOD CONTROL FAGLIT£S THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSER✓A TON DISTRICTS STANDARDS FOR FLOOD CONTR OL FAG LI SANITARY SERE R FACILITIES.: THE EASTERN M UNICIPAL WATER DISTRICT.
STANDARDS FOR SANITARY SEWER FACILMES.
ALL OMER PUBLIC WORK S ME STAN DAR D SP ECIFICATIO NS FOR PUBLIC WORK S CON STR UCTION (GR EEN BOOK ).
J. THIS SET OF PLANS
4. RES... NO DATED
5. SOILS REPORT AND RECOMMEN DATION S BY AA CALNORNA GEOM.. MO, OA TED M AY 3 2 021
//
//
C.B. 01 W=14.00'
Ow=5.94 CFS
0,m=10.25 CFS
C.B. ;'04 W=10.00'
QW=4.56 CFS
Q,m=7.71 CFS
C.B. 106, W=10.00'
0w=2 .47 CFS
090=4.11 CFS
C.B. 119, W=14.00'
O w= 295 CFS
0,m=4 .87 CF5
ASS ESS OR'S PARCEL NO
013-7.00-020
LEGAL DESCRIPTION
TRAM .119 , .376. PARML J M PARC EL
11.1 P 3.7.3M AS MA AMP REC OR DE D IN S OCK
PREPARED Br
PROACTIVE E NGI NEERI NG CONSULT ANTS WEST, INC.
2510£9 JEFFERSON AVENUE
S 200
1) 279 U 92562
(95 (951) 200-6640
ON)1®l/APHKA NT
SL C FAIRWAME-WARE LIMITED L LLABNITY
2392 MORSE AVENUE CO MP ANY
IRVINE CA 92614
(949) 241-6403 OFFICE
(951) 722-0525 MOLE
CONTACT: CRRRYY TOMSON
N]URE RICM-0F
/ RACY
CE,YTERL/ NE, CL
EYES G STOR M D RAI N .-_---.
p R£C. R RO W
STOP SIGN ON STREET NAME MN +
CAVGHIE/£
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PROPOSED STREE T TREE
PRO POSED AREN IRA N
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PROPERLY LAV E
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CATC H BANN
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. MN CURB RETURN
ECR ENO CURB REP.
BVC ROAN MERCAL CDR₹
MYC AIM E VAMML CURVE
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PW2021-0675
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(132002)
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OF OF CO MPO UND C URIE
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WEX OF S HEE7S
MEET 1 - SHEET - GE NERAL NOTES - INDEX MAP
SLEET T - DUMMIES - DETAILS
SLEET 3 - SICCS COURT 1.00.00 TO 15+6241
JOSH .27.20 TO 1
SHEET 4 - COUPLES COURT 1B+24.71TO 26+6.29
SHEET 5 - FORD STREET 10+00.00 TO 15+3833
TO 2 2+9 228
SHEET l - NONAGE AND SI R.
DIGALTUT
Call 2 W orking Days
Be/o re You Dig!
811
BENCHMARK:
DESCR IPTOR: USGS M ON UMENT 'R E57
BENCH MARK DISK SET IN TOP OF
CONCRETE MONUME NT STAMP ED 'REST
9l2 " ON D ES ERT (AW N OA ,V£ ACROSS
CE METERYCOAT FR OM DESE AW N
24. R. NS. OF THE DRIVE W.
CEN TE RLINE 24.9 T 5'.W . O ME S W.
EDG E OF ME SOU TH E ASIRN /ND LANE S
OF lN 2RSrA7£ HIGHWAY 10
ELEV. 2491.44, NGVD 29
PEDLoPLAsso
PROACTIVE
R
D ESCR IPT ION
REVISIONS
CITY
pGE.u. F A
07 /19/ 21
DA TE
SEAL
DRAWN EISP.
DEC
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P.
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07/ 19/2 1
LOB NU M.,
08. 002. 000
Reviewed BE ASlart
oeaomm aml y� � 9
r Approval B y.
Approved By.
Dale B21/2021
D at e: 0 &3012021
CITY OF BEAUMONT, CALIFORNIA
STREET IMPROVEMENT PLANS
TRACT NO. 31462-26
77TL E SH EETS, GENERAL NOTES
A ND I NDEX MAP
SHEET
OF 7 SHEETS
H2W M: 3363
[5/I RW BEG ISauNT. PUBLIC WORKS DEPARTMENT. n xaww
Pw<M LC 1 9, 2. - A: N?)» Wy pm of G/SANOa o/mmemva-,eyrawy/snm /IS19==G/R �rm2-mMsr-WI or .my
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Q2 CXAVSTRUCT TYPE A-6 CURB PER COUNTY OF 04ERSOE sm . NO. 200 O (OMB YY SSF� ,I IX/ OIMU STANDARD PLAN NO 401
® puma SWEE T N AME NO V PLR RIVINA0 E COU NTY STD . ND 816 QS CONSTRUCT CURB AND RAM P PER COUNTY OF RIVERSIDE sm. NO 40 .1 CASC A © C'OVSIRLICT C USS -GUT. AND SPANDREL PER COUNTY OF RIlE/ lOPE SIP NO 209 /209A 7 CYANS IRUCT CU TTER OE PR ES SON FOR CW1B G'E NINNG Al SRMM O4A/ N CATC H BASW PER cOuxlr cr m tRADE sm. Na J1L GQ TYPE s' (GTO/ BASI NS PER sEP PUN) ® CONSTRUCT 6U TTE P OLPR ES ACW FLW CURL OPQ9NC AT SgAi ORA/ N CATCH LASW G,
Q INSTALL BLUE REFLECTN E FIFE HDRANT PAVEM ENT MARKERS PER DETAIL A SHEET 2P 10 INSTALL RI STOP SIGN ON STREET NAME SI GN POST PER RIVERSOE COUNTY STD I/O 815 1) IHERMOPLASRC M NIF LIM IT LINE PER CALIRANS STANDARD A24E @ IHERMOPLASRC STOP' PAVEMENT M ARKING PER LALIRANS STANDARD A240 @ INSTALL 6' AC 09 0 PER MYERS/OE COUNTY STD. N0 212
co.., BARRICADE PER Cowry or R/KRSOE 5 10. NO 810
@ . ION E YIS1INC PA K MENNT PER OET ON S2ET1
Q 16 C0.USMUCT R£SOENRAL 0.A'V£W AY PER CO UTY C✓ Po4£R.90f ST 0/0. 10) (W=16J (ORIV£W AY SY/BECT )0 g IANDE NNE, FINAL HLNNE LOGBLW S ARE �IFRM WmJ NTS
COUPLES COU RT, FOR D STR EET, JOSH DRIVE
AND SUGGS COUR T __
MODFIEDRIVERSIDEC OU NTYSTO A
T.I. = S5, 033' A C. W /SEAL COAT OVER 0.50'. 40 CRUSHED PRELIM. 1' VALUE = JO
= FIRE HYDRANT
°T)PICAL PAVEPEN TM ARKER LOCATK W
LETAL A
92.406 S F.
5 .02 L .F.
33,694 S E.
5EA
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2497 SF
5 a
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36 CF .
36 L.F.
351 SF.
13 .049 £F.
GRIND OW MIN.
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SAWCUT EXIST E/P I' MIN.
FORA CLEAN CUT
IXSM D PALE MEN �- NEW PAVEME NT
15 PAVING OVERLAY / J OIN DE TAIL
TS.
Call 2 W orking Days
Be/o re You Dig!
811
BENCHMARK:
DESCR IPTION: USCS M ON UMENT 'R EV'
BENCH MARK DISK SET IN TOP OF
CONCRETE MONUME NT STAMP ED 'REST
972 ' ON D ES ERT DAW N ORIV£ ACROSS
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OF IN TERSTATE HIGHWAY 10
ELEV. 2491.44, NGVD 29
PROACTIVE
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D ESCR IPT ION
APPR
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07/ 19/ 21
DA TE
SEAL
DESPOIL
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07/ 19/1 I
100 NU MB.'
08. 002. 000
Reviewed Bp A�
Recommended
Approval B y. m N
Approved By.
Dote: 7121/2021
CITY OF BEAUMONT, CALIFORNIA
Dale W21/2021
D at e: 0 &30/2021
CITY ME BEA ISaNNT. PUBLIC WORKS DEPOT/NEWT
4 n N4�
STREET IMPROVEMENT PLANS
TRACT NO. 31462-26
OUANTI77ES — D ETAILS
SHEET
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BEAU O T
—C A_ l C' o R N l A ---
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(95 1 ) 769-8520
www.beattmontca.gov
Case No. PW2025-0209
Receipt No. R01 648876
Fee $ 725.00
Date Paid 4/22/2025
BOND EXONERATION APPLICATION
[REPLACEMENT OF BOND - NOT EXONERATION]
Bond Type: ®Performance ❑Maintenance ❑final Monument inspection ❑Other:
1. Contact's Name Jesse Mudd
2. Contact' s Address 980 Montecito Drive, Suite 300 Corona CA 92879 Phone 959-415-2974
City/State/Zip
5. Contact's [email protected]
3. Developer Name D. R. Horton Los Angeles Holding Company, Inc. Phone 951-415-2974 (If corporation or partnership application must include names of principal officers or partners)
4. Developer Address 980 Montecito Drive, Suite 300 Corona CA 92879 City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
Bond No. 30'525'3 / TR 3
/62-26 / Sewer Improvements
New Bond #: 9473419
6. CERTIFICATION OF ACCURACY AND COMPLETENESS: 1 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. b -veloper/Contractor has completed all the following items prior to requesting release or has uded them in the application.
• Remo% • nd replace concrete and AC as needed where lifting. • Provide AC k fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slu - • coat for all road surfaces.
• Restore/Verify pavemen ing/markings.
• Restore/Verify blue dots and si : 'e as needed.
• Clean and camera sewer. Provide reps 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
RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN. TO: •.
City Clerk .
City. of. Beaumont .. •
550 E. 6th Street
E3e z ri :d1k`..012 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL MAP Na 31462-26
DATE OF AGREEMENT: April 15th, 2025
NAME OF SUBDIVIDER: D.R. Horton Los Angeles Holding Company, Inc. , a California Corporation (hereinafter referred to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT:
77 residential
PA 18A
subdivision consisting of
, originally approved on
lots,
and Tentative Tract/Parcel 31462 ("Tract/Parcel" or
"Tentative Tract/Parcel Map") , originally approved on: September 8th, 2016
FINAL TRACT/PARCEL MAP
RECORDED ON 3/9/2023
31462-26 APPROVED ON
AS INSTRUMENT NUMBER 2023-0069122
("Final Tract Map/Final Parcel Mao").
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").
EST. TOTAL COST OF • •
PUBLIC IMPROVEMENTS:..
$ 246,019.50
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 9473419- PA 18A Sewer Improvements
LETTER OF CREDIT NUMBERS:
FINANCIAL INSTITUTION:
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as "City"), and D.R. Horton Los Angeles Holding 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. andare 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 amountsof 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 interestsin 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 inany event prior totheir. acceptance by. the. City.