Beaumont City Council
August 19, 2025

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. AIl such. improvement securities shall be posted with the City prior to the City's final building. inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) 246,019.50 and 00/100 DOLLARS ($XXX,XXX.XX) toensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and 00 246,019.50
secure payment to any contractor, subcontractor, persons renting equipment or.. furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and and 00/100 DOLLARS ($XXX,XXX.XX) to
(iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one. (1). year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must. be provided. by Subdivider to City prior. to the City's release of any bonds or Improvement Securities filed with this Agreement:
(iv) and 00/1.00 Dollars ($X,XXX.XX) in the form of a .cash •• . deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rearlot corners and .centerlineties not. previouslyset or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation. and recordation of any related. Certificate of Correction, as required by Section 66469 of the. State. Subdivision Map Act:
(b) The Improvement Securities required by this Agreement shall be kept on file .with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurancebusiness in California by the California Department of insurance,. with a. Best's Insurance Guide ..rating .ofno less than A-. Thetermsof any documentsevidencing such. Improvement Securities. as . setforth 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 Plansi Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement.

Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning. ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.
• 4... Modification of Drainage Plan. Subdivider.agrees that if during the. course.ofconstruction 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) lithe 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 civilengineer 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 thecompletion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the. Improvement. Securities. Said determination by the City Engineer and agendization of the certification and release shall notbe unreasonably withheld or delayed:
(c) Subdivider shall .bearall. 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 belowthat required to guarantee the completion of the Improvements and any other obligations imposed upon Subdivider by this Agreement.
(iii) No partial reduction or release of the Performance Security shall constitute. or be construed as the City's acceptance or certification of any Improvements or .. related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described in Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Labor & Materials .Security and to cover related legal costs. The balance shall be released upon the settlement of all claims and obligations for which the Labor & Materials Securitywas 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 commenceuntil 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 ofthe work; (4) Subdivider's insolvency, appointment of a receiver, or the filing o f any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action against the

Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (8) Subdivider's failure to keep. the Improvement Securities in full force and effect; (7).

Subdividers failure to notify the City of any sale, transfer or other disposition of the .Property to a. purported new Subdivider; (8) Subdivider's failure to maintain insurance; or (9). the failure of Subdivider or Subdivider's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement. (b).. I.n the event of any such default, the City Engineer or the City Council may serve written notice to Subdivider specifying in reasonable detail the nature of the default..

Subdivider• shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default .is not reasonably susceptible to being cured within said thirty (30) days, Subdivider 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, bycontract or by any other method City may deem advisable, for the account and atthe 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, rnay 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 inequity 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 additionalto and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect .the actual cost of construction or installation of the Improvements, and. therefore, City's damages for Subdividers default shall. be measured by the .actua.lcost of .completing .the required. Improvements. The sums. provided .by the

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 ofsuch obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to. declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.

11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Subdivider shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the Plans, Subdivider shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion.
(b) Should Subdivider fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) daysafter mailing written notice to Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such work:
(c) Should the Citydetermine that an emergency or a threat to the .public safety and welfare exists from the condition of the Improvements which require repairs, replacements. or remedial measures to be made before 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, orany 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 liabilityfor any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design. was potentially dangerous or defective and set forth a safe and feasible alternative. design.

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

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

Sale or Disposition of Subdivision; Assignment.
(a) Subdivider acknowledges and agrees thatsale, transferor 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 Agreementanda substitution of Improvement Securities by the new owner .or.proposed

assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be requiredto provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor.
(b) . .Any proposed Successor must demonstrate to the City its ability to perform .and complete the obligations •of Subdivider under this Agreement, as determined by. objective... standardsof financial .capability, creditworthiness and experience required for. such. performance, and .the City shall have the right to compel the Successor to disclose.all. documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and ..

City)., posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider.. in accordance with the provisions of such novation and release Subdivider of its obligations... under this Agreement. Nothing in the novation (or other such release or assignmentand assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement 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 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. inclementweather 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 Citywith written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as. practicable:
(d).. Asa condition of granting an extension of time to complete the Improvements required by this Agreement,. the City Manager may require Subdivider to furnish new or additional Improvement. Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in. construction costs as determined by the City Engineer.

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

Notice to City:

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

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

22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement. shall remain in full force andeffect 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 employeesengaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.
(2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either 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 Agreementand prior to commencement of any work hereunder. At City's.. option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
(d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, . officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned,. leased, hired or borrowed by. or on behalf of the Subdivider;. a.nd with respect to liability arising out of work or operations performed 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 shallbe excess .of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.

(3.) Waiver of Subrogation. Endorsements waiving all rights. of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be provided. •• (ii).. .The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Beaumont, its officials, officers, employees; agents and independent contractors.
(f) Other Insurance 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 agreethat 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:

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

Signature:

Vicki Gullion
Print Name:

Attachments: Exhibit A
Exhibit B
Exhibit C
City:

CITY OF BEAUMONT
a Municipal Cor3oration
Signature:

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

John Pinkney, City Attorney

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

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

State of California
County of Riverside
On 4. /)(40,/ 025--
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(X) is/aae. subscribed to the within instrument and acknowledged to me that he/she/they executed the same in. l7is/her/their authorized capacity(+es), and that by h4s/her/their signature(s) on the instrument the person(), or the entity upon behalf of which the person(0 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.
*!#****f*#f****w*******************
! ASHLEY ARRYANN DONOVAN I
* 4 comm #2417574
03 ','i'1&' '1 NOTARY PU9L1C - CAUFORNIA C}
'' i /f R VERSI0E COUNTY•
:
,o sf My Comm FXWraSeptember 22,2026�
Signature JA 2:1O. .-- - (Seal)
Notgiry Public

Bond No. 9473419
EXHIBIT "A"

PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and D.R. Horton Los AngelesHolding_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 Two Hundred Forty Six Thousand Nineteen and 50/100 dollars ($ 246,019.50 ) lawful money of the.

United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, • successors, executors and administrators, jointly and severally, firmly by these presents. .. .

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

As part of the obligation secured hereby and in addition to the face amount specified therefor, there . shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by... the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
•
The..Surety hereby stipulates and agrees that no change; extension of time, alteration or. addition'to • .the terms of the agreement.or•to.the work to be performed thereunder or the specifications accompanying • the same shall in any way affect.its obligations on -this .bond,. and it does hereby waive notice of.anysuch • change, extension.of time, alteration or addition to. the terms of the. agreement or to the work or to the • specifications. • . . .. .
6 signatures on following page

IN WITNESS WHEREOF. this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposi Company of Maryland
SURETY
By:

Name: Noah William Pierce
Title: Attorney -In -Fact
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.

PRINCIPAL
By:

Name: V i G (4,1110
Title: A,,ci ,iAA4 eCi.r.+174Y4
Address: 1299 ZURICH WAY, 1OTH FLOOR By:

SCHAUMBURG, IL 60196 Name:

Title:

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

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC

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

State of California
County of Riverside
On 3/Cp/gZ -2_S—
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(0) whose name(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(a) on the instrument the person(,8), or the entity upon behalf of which the personO 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
.\ C0MM #2417574 N
.1) NOTARY PUBLIC - CAUFORNIA n
I RIVERSIDE COUNTY -�
My Commission Expires September 22.2026
a,,,,Dk9rz (Seal)
Nota Public

STATE OF NORTH CAROLINA
COUNTY OF ROWAN:

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

Witness my hand and official seal this
Notary Seal
n M aneschi Notary
Pu
blic
My Commission Expires on the 4th day of April, 2027.
day of ,/vA4..41
902S —

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COIMIPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MIEN 13Y THESE PRESENTS; That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New •York,.the.COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and•the Fff)FLITY • ANI) DEPOSIT COMPANY .OF MARYLAND a'corrmration of the State of Illinois (herein coliectiveiy called the. "Companies"); by . 'ROBERT D. 1'IURRAY',.Vice President; in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, . .which are set forth on the reverse side hereof and are hereby certified to be in full force and effect tw the date hereof, do hereby nominate, . . . constitute, and appoint John. E, THOMAS., Jyneil Marie WHITEHEAD, Jennifer B. GULLET'(, Catherine THOMPSON, Amy R. . WAUGH; 'Noah William PIERCE aad Andrew M. BENNETT, all of Charlotte, North Carolina, EACH its true and lawft.l 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 stud all bonds acid. . uridertakrgs, and the •exec>tion of Such bands or undertakings in pursuance of the presents. shall be as binding upon said Cornpruries, as fully and arnply; to all intents and purposes. RS if they had been drily executed and acknowledged by the regularly elected officers of: the ZURICH. AMERICAN RICAN. INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL • AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the • FIDELITY AND.DLYOSIT•CONIPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. . ' The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article A1'r.Seetion 8, of the By -Laws of said Gornpanies, and is now in force. •.

IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, • and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this l6th day of August, A.D. 2019. • .

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY ..

COLONIAL ANIEJUCAN CASUALTY AND SURETY' COMPANY
FIDELITY AND DEPOSIT COMPANY W MARYLAND • '
VA "44
1 1(
. Assistant Secretary . •
Dawn E. Bru+a n
.. State of Maryland
• . C.ounty'of Baltimore .•
. On this, I66tli day of August, A.D. 20t19, before. the subscriber; allotary Public crf the State J Maryland; duly commissioned and qualified, ROBE.RI D. • ti1L RI AY. VMc President. and AA1�''N E. BROWN, rLssistaut Secretary, of the COmpanica, tv me personally known to he. the individuals and of le -ors • . 'desernbed in aad who executed the preceding. instrument, and atknoMedged the execution. of same, aM be.utu by me duly sworn, deprseth and with, that • heishc is the said c+fttoer of the Company aforesaid; and. Char the seals affixed. to the preceding instrument are the Corporate Seals of said Companies, :ned that ' the said C.i-porate Seals and.the signature as such officer were duly affixed and subscribed to said instrument by the authority and direction of the said Corporations, ' ' ..
•
IN.TES•11MONY WHEREOF, I have hereunto scr my hand and affixed my Official Seal the day and.year first above written.

POA:F 177-0035B
•C .

Constance A. Dann, Notary Public
My Cummissiuo Expires: July 9,20223
b.. n.ue+.

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

CERTIFICATE
.1, the' undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL. AMERICAN •. .......CASUALTY. AND SURETY COMPANY; and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do herebycertify that the foregoing Power of Attorney'is•still• in fult;foree.and effect on the date of this certificate; and I do further certify that Article V, •$ection 8,.pf.... the By -Laws of the Companies is sti11•in force.

This Power of Attorney.and Certificate• may signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZJJR)CH AMERICAN •INS.URANCE COMPANY at a meeting duly called and held on the I5th day of Decerrrber. 1998.

RES0LVE➢:''. That fhe signature of the President or a Vice President and the attesting signature of a Secretary or an Assistanf'Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." • This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolutionof the Board of • Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of .• May, 1994, and the following. resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature ' • ' of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appealing upon a •• certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect . as though. manually affixed. •• •
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of March 2025

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

Zurich American insurance Co.

Attn'. Suety Claims
I299 Zurich Way
Schaumburg; 11;60196-1056
Brian M. Hodges., Vice President

Bond No. 9473419
EXHIBIT "B"

PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California,.and ..

D.R. Horton Los Angeles Holding Company, Inc. (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Augusta at the Fairways II TR 31462-26 . • dated , 20 ' • , whereby Principal agrees to install and complete certain designated . public improvements which is .hereby incorporated herein and made a part hereof; and • " . WHEREAS; under the terms of the said agreement, the Principal is required before entering upon .. the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims -to. which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held 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. . . * Two Hundred Forty Stx Thousand Nineteen and 50/100 ** $246,019.50 . . .

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

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

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

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

SURETY PRINCIPAL
tai/L
Name: Noah William Pierce
Title: Attorney -In -Fact
By:

Name: V
Title: A4,-, rar<{ S C.cXc-(uw!
Address: 1299 ZURICH WAY, 10TH FLOOR By:

SCHAUMBURG, IL 60196 Name:

Title:

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

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9

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

State of California
County of Riverside
On 3f/b,/12 _1.S_ before me, Ashley Arryann Donovan Notary Public (insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(%) whose name(') is/are subscribed to the within instrument and acknowledged to me that 41e/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(M, or the entity upon behalf of which the person() acted, executed the instrument.

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

WITNESS my hand and official seal.

ASHLEY ARRYANN DONOVAN
COMM #2417574
Fti NOTARY PUBLIC - CAUFORNIA

RIVERSIDE COUNTY '
My Commission Expires September 22.2026
*
Signature atkisel C-4444-44.4....-DoK.sva^— (Seal)
Not ry Public

STATE OF NORTH CAROLINA
COUNTY OF ROWAN:
1, Bryan M Caneschi, a Notary Public in and for Rowan County, North Carolina, do hereby certify that Noah William Pierce personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

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

. • .ZURICH AMERICAN INSURANCE COMPANY . .

COLONIAL AMERICAN CASUALTY A.ND SURETY COMPANY .
. t.IUELITY AND DEPOSIT COMPANY OF MARYLAND . .. .
•• ' POWER OF ATTORNEY .

KNOW ALL MENBY THESE. PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State 'of New• • , • .York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and. the FIDELITY AND. DEPOSIT COMPANY -OP MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by • ROBERT .D. MURRAY, Vice President, in.pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse•side.hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, . constitute, and appoint Jobn F. THOMAS, •Jynell Marie WHITEHEAD, Jennifer B, GULLETT, Catherine THOMPSON, Amy R, • WAUGH, NoahWilliam PIERCE and Andrew M. BENNETT, all of Charlotte, North Carolina, EACH its true and lawful agent and • Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bondi and undertakings,.and the execution of such bonds. or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected off rcers• of.the ZURICH AMERICAN INSURANCE •COMPANY at its office in New York, New York:, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY Of .MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V; Section 8, of the By -Laws of said Companies, and is now in force. •
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her narnes and affixed the Corporate Seals of the said . .

ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and • FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of August. A.D. 2019. • • . . • • ATTEST:....

ZURICH AMERICAN INSURANCE COMPANY ..

COLONIAL -AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND • •• •
Assistant Secretary
Dawn E. Brown
• . State of Maryland.

County of Baltimore
•dlri-this 16th day of August, A.D. 2019, before the subscriber,.a Notary Public of the State of Maryland, duly commissiimed and qualified, •ROBERT D. • .MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, • to me personally known'to•be the individuals and officers • described in and who executed the preceding instrument; and acknowledged the execution of. same, and being by me duly sworn, deposed( and saith, that ' • • •he/she is the said officer of the Company aforesaid, and that the seals affixed. to the preceding instrument are the Corporate Seals of said Companies, and that the. said Corporate Seats and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations:
.. . Vice President
Robert D. Murray.
troo
•
•
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above wrifen.

POA-F 177-00356
Constance A. Dunn, Notary Public
My Commission Expires: iuly 9, 202.3

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. •`L'he Chief Executive Officer; the President, or any Executive Vice President or Vice President may, by written instrument under •the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, • recognizances, stipulations,'undertakings, or other like instruments on behalf of the Company, and may authorize any. officer or any such attorney -in -fact to affix the corporate- sear thereto: and may with or without cause modify of revoke any such appointment or authority at any • . . • CERTIFICATE
undersigned; Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V,Section 8, of:.... the By- •Laws of the Companies is still in force. • .

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

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary. and the Seal of the Company may be affixed by facsimile on any Power of 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 the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a• meeting duly called and held on the 10th day of May, 1990.

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

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of March 2025
Brian M. Hodges, Vice President
TO REPORT A CLAIM WIT}I; REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: '
Zurich American Insurance Co."
Amt: Surety Claims
1299 Zurich Way
Schaumburg; IL 60196-1056

RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:.

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

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT Na 31462-26
DATE OF AGREEMENT: March 10, 2022
NAME OF SUBDIVIDER: Meritage Homes of California, Inc., a California Corporation . (hereinafter referred to as "Subdivider"),.

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

FINAL TRACT MAP APPROVED ON RECORDED ON.

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

EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ $246,019.50
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
$
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 30152513 - PA 18 A Sewer Improvements
LETTER OF CREDIT NUMBERS:

FINANCIAL INSTITUTION:

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

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

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

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

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

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

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

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

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

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

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

2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) $246,019.50 and 00/100 DOLLARS ($XXX,XXX.XX) to
ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) $246,019.50 and 00/100 DOLLARS ($XXX,XXX.XX)
to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement.
(iv_) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot comers and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act.
(b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of

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

3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement. Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 °/0 of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the
Standards in effect at the time the extension is granted.

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

revision of the drainage plan is necessary in the public interest, it will undertake such design and construction 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.

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, orcontractors are or shall be considered to be agents of City in connection with the performance of. Subdivider's obligations under this Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notice to Subdivider:

John Pinkney, Esq.

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

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

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

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

(Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury. (ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease. In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. (2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance.
(b) Insurer 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 Insurances 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 Citys 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 forcancellation 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:

By:

City:

CITY OF BEAUMONT
a Municipal Corporation
By:

City Manager
ATTEST
City Clerk
APPROVED AS TO FORM:

John Pinkney, City Attorney
APPROVED AS TO CONTENT:

•
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•
•
•
•
•

CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 11.89 - •
A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State'of California
County of
On _/ 4 roJ1 /14 Z.2Z% .-
Date
personally appeared
before me, 41.fic-4--17/42 Sss`/aZ"er/:z /Pditre✓ f..

Here Insert Nome and Title of the Officer
_rGr/GtY/( 0
A/O n
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed - to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. •
• :i
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• .1
I
. •:
•I
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.i
o� rti ANDREW SALAZAR
lam Notary Public - California
r"'' - orange County
Commission rf 2365034
My Comm. Expires Jul 10, 2025
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
Place Notary Seal and/or Stamp Above.. 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: Number of Pages:,
Signer(s) Other Than Named Above:

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

Signer is Representing:
©2019 National Notary Association
•
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — o Limited o General
❑ Individual ❑ Attorney in Fact
o Trustee o Guardian or Conservator
❑ Other:

Signer is Representing:

1 1
• {

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

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

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

DATE:

Approved
NV5
02/16/2022
Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) 1/27/2022
PP, CUP NO.:

BY:

George A. Lenfestey

IMPROVEMENTS
FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
Construction Costs)
Streets/Drainage
Sewer
Total
Warranty Retension (22.5%)
Street/Drainage Plan Check Fees =
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =
$
$
$
$
246,019.50
246,019.50
55,354.39
500.00
6,150.49
750.00
9,840.78

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

Above amounts do n include additional 20% for recordation prior to having signed plans Above amounts
do not ITinclude additional 20% for recordation prior to having signed plans 1 1 1/27/22
Engineer's Signature Date
George A. Lenfestey
Name typed or printed
Civil Engineer's Stamp
*****PLEASE READ INSTRUCTIONS BELOW*****

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

2. Show Bond Amounts to the nearest $500.

3. For construction items not covered by the Construction Cost Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont unit costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used.

1/27/2022

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22

STREET IMPROVEMENTS
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
Roadway Excavation
C.Y.

1. Projects with a grading plan area x 0.50'
(hinge point to hinge point) ( xxx,xxx sf)
$ 15.00

2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = Fill (f) =
C.Y. (c or f)
(a.) Excavate and Fill
$ 0.40
S
C.Y. (f - c)
(b.) Excavate and Export
$ 1.10
S -
(c.) Import and Fi11
$ 2.80
S
If balance, provide (a.) only, either cut or fill
If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
$
S.F.

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

Remove Curb and Gutter
$ 4.00
$ -
L.F.

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

Remove Sidewalk
$ 3.00
$ -
L.F.

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

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

1/27/2022

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
L.F.

Remove Chain Link Fence
$ 2.50
$ -
EA.

Remove Barricade
$ 200.00
$ -
TON
Asphalt Concrete - 144 lbs/cu. Ft.
(xxx,xxx SF @ 0.33')
$ 90.00
C.Y.

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

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

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

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

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

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

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

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

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

P.C.C. Cross Gutter and Spandrels
$ 10.00
S.F.

P.C.C. Sidewalk
$ 6.00
SF
P.C.C. Drive Approach (16' Wide)
$ 8.00
EA.

Handicapped Access Ramp
$ 1,500.00
EA.

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

Join Existing Pavement (Grind & Overlay Exist. A.C.)
$ 4.00
$ -
$ -
$ -
$ -
SUBTOTAL =

1/27/2022

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
EA.

Street Name Sign
$ 250.00
EA.

Delineators -per Caltrans Std. A73C,
Class 1, Type F
$ 40.00
$ -
EA.

Object Markers - Modified Type F
Delineators, Riverside County
$ 40.00
$ -
L.F.

Barricades
$ 28.00
L.F.

Utility Trench, one side (Edison, Telephone, Cable) (1'/2 Total length of streets)
$ 10.00
$ -
L.F.

Chain Link Fence (6')
$ 12.00
$ -
L.F.

Remove Fence
$ 4.00
$ -
EA.

Remove Power Pole
$ 1,200.00
$ -
EA.

Street Lights (including conduit)
$ 5,000.00
$ -
EA.

Street Trees (15 gallon)
$ 150.00
EA.

Remove Existing Concrete Bulkhead
$ 500.00
$ -
EA.

Concrete Bulkhead
$ 200.00
$ -
C.Y.

Structural Reinforced Concrete
$ 400.00
$ -
EA.

Slope Anchors for Pipes
$ 300.00
$ -
L.F.

Cut Off Wall (Std. 2')
$ 5.50
$ -
EA.

A.C. Overside Drain
$ 500.00
$ -
EA.

Under Sidewalk Drain
$ 1,800.00
$ -
S.F.

Terrace Drains and Down Drains
$ 6.50
$ -
S.F.

Interceptor Drains
$ 6.50
$ -
EA.

Gutter Depression for Curb Opening Catch Basin Case B
$ 1,500.00
EA.

Gutter Depression for Curb Opening Catch Basin Case C
$ 1,500.00
EA.

Access Driveway for Storm Drain at Cul-de-Sac
$ 640.00
$ -
EA.
"STOP" Pavement Marking
$ 200.00
EA.

Limit Line
$ 75.00
EA.

R1 "STOP SIGN"
$ 250.00
EA.

W14-1 "DEAD END" Sign
$ 250.00
$ -
EA.

S4-5 "SCHOOL ZONE AHEAD" sign
$ 250.00
$ -
EA.

SR4-1(CA) "SCHOOL ZONE" sign
$ 250.00
$ -
SUBTOTAL = $

1/27/2022

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
C.Y.

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

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

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

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

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

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

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

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

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

Drain Basin
$ 400.00
$ -
EA.

Curb Outlet
$ 3,000.00
$ -
EA.

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

Riprap Headwall
$ 1,000.00
$ -
EA.

Concrete Collar
$ 250.00
$ -
EA.

Outlet Structure
$ 10,000.00
$ -
EA.

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

1/27/2022

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
L.F.
60" C.S.P.
$ 115.00
$ -
EA.

Catch Basin W = 4'
$ 1,700.00
$ -
EA.

Catch Basin W = 7'
$ 3,000.00
$ -
EA.

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

Catch Basin W = 14'
$ 5,500.00
$ -
EA.

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

Type IX Inlet
$ 2,500.00
$ -
EA.

Type X Inlet
$ 2,500.00
$ -
EA.

Junction Structure No. 1
$ 3,000.00
$ -
EA.

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

Junction Structure No. 6
$ 3,700.00
$ -
EA.

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

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

Manhole No. 1
$ 2,700.00
$ -
EA.

Manhole No. 2
$ 3,300.00
$ -
EA.

Manhole No. 3
$ 2,700.00
$ -
EA.

Manhole No. 4
$ 5,000.00
$ -
EA.

Adjust Water Valve (if no water plan)
$ 150.00
$ -
EA.

Adjust MH to grade (if no sewer plan)
$ 400.00
$ -
EA.

Headwall
$ 5,000.00
$ -
Remove & Dispose of Interferring 30" Storm Drain
L.S.
and 36" Riser
$ 500.00
$ -
EA.

Remove & Dispose of RCB Headwall & Wingwall
$ 10,000.00
$ -
L.F.
and Concrete Bulkhead
$ 25.00
$ -
EA.

Outlet Structure (Line A & B)
$ 5,000.00
$ -
EA.

Remove Existing Headwall
$ 1,000.00
$ -
L.F.

Catch Basin Trash Rack
$ 25.00
$ -
$ -
$ -
$ -
$
SUBTOTAL =

1/27/2022

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 27 -Jan -22
STREET IMPROVEMENTS (Cont'd.)
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
0 EA.

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

A. Subtotal
B. Contingency (15%)
C. Streets/Drainage Total (A + B) $

1/27/2022

CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Sewer Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 1/27/2022

SEWER IMPROVEMENTS
Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable quantities as part of street improvements.

QTY.

UNIT
ITEM

UNIT COST
AMOUNT
2,120
L.F.
4" PVC. (77 Lots @ 25' Avg. Length & 5' for cleanout)
$ 15.00
$ 31,800
-
L.F.
4" P.V.C. Force Main & Fittings
$ 26.00
$ -
2,523
L.F.
8" PVC
$ 30.00
$ 75,690
-
L.F.
8" V.C.P. Extra Strength (C-700)
$ 35.00
$ -
L.F.
12" V.C.P.
$ 40.00
$ -
-
L.F.
15" V.C.P.
$ 50.00
$ -
17 EA.

Standard or Terminus Manholes
$ 2,500.00
$ 42,500
6 EA.

Modified 5' Manholes
$ 3,000.00
$ 18,000
-
EA.

Drop Manholes
$ 4,000.00
$ -
77 EA.

Cleanouts
$ 500.00
$ 38,500
EA.

Sewer Y's
$ 25.00
$ -
-
EA.

Chimneys
$ 300.00
$ -
EA.

Adjust M.H. to grade
$ 340.00
$ -
-
L.F.

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

Sewer Pipe Sleeving
$ 36.00
$ -
EA.

Sewer Lift Station
$ -
29 EA.

Backflow prevention device
$ 250.00
$ 7,250
-
EA.
8" P.V.C. Misc. Fittings & Plugs
$ 190.00
$ -
1 EA.

Remove 8" P.V.C End Cap/Plug
$ 190.00
$ 190
A.

Subtotal
B. Contingency (15% x A)
$ 213,930
$ 32,090
C. Sewer Total (A + B) $ 246,020

1/27/2022

Bond No. 30152513
Improvements: Sewer

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

NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Two Hundred Fort v Six Thousand Nineteen and 50/100 dollars ($246,01.9.50). lawful money of the United • • States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,.. successors, executors and administrators, jointly and severally, firmly by these presents.

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

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

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

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

PRINCIPAL
IPAL
By: , By: ¶J .J
Name: James I Moore Name: G 1 en A T� 1 k.

URETY
Title: Attorne'.-in-Fact
Title: V? LA/ -.A- t.,,-�'
Address: 151 N. Franklin Street By:

Chicago, IL 60606 Name:

Title: f V Q l Ckb
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 7

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

STATE OF ARIZONA

COUNTY OF MARICOPA
on March 08, 2022
before me,
)SS
Laura J. Gunderson
, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) w ose narne(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
awa 6<A, 1de102-i
:...........t .

LAURA GUNDERSON
Notary public. State of Arizona
Maricopa County
Cornmission #615665
My Commission Expires
Novemb, 05, 2025
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDC EM ENT

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) Li LIMITED

ATTORNEY -IN -FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

Name of Person or Entity

GENERAL
Name of Person or Entity

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

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

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by first American Title Company 11/2007

STATE OF ILLINOIS
COUNTY OF DUPAGE}
On March 2. 2022, before me, Sinem Nava, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared, James I Moore known to me to be Attorney - in -Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and duly acknowledged to me that such corporation executed the same.

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

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

OFFICIAL SEAL

SINEM NAVA
Notary Public - State of Illinois
My Commission Exyires Aura. 28, 2025
A

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

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

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

The Continental Insurance Company
k Paul c
State of South Dakota, County of Minnehaha, ss:

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

M. BENT ++
BEAL + NOTARY PUBLIC r'
i SOUTH DAKOTA i
}94994999999999999444944
erg -
My Commission Expires March 2, 2026
/7?. 6,11-
M. Bent Notary Public

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

The Continental Insurance Company
D. Johnson
Assistant Secretary
Form F6850-4/2012
Go to ,aww.cnasure: y.cm > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.

T. Bruflat -
President

Bond No. 30152513
Improvements: Sewer

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

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of Two Hundred Forty Six Thousand meteen and 50 100 Dollazs (5246O19.50
for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

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

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

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 2, 2022.
(Seal)
The Continental Insurance Company
RETY
By:

Name: James I Moore
Title: Attorne.-in-Fact
Address: 151 N. Franklin Street
Chicago, IL 60606
(Seal)
Meritage Homes of California, Inc.

Title: V P N o`A i o.-% l 1-caui De.►el rh ern
By: V
Name: Vii`'CX “10Z-t— .

Title: EQQ C c b
Address: 5 Peters Canyon Rd, Ste 310
Irvine, CA 92606

ALL SIGNATURES MUST RE ACKNOWLEDGED BEFORE A NOTARY PUBLIC

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 )SS

COUNTY OF MARICOPA )
on March 08, 2022 before me, Laura J_ Gunderson
Notary Public, personally appeared
Glen A Truk, Vice Prasirfemf -_National leveinpment of Merifage biomes 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.

LAURA GUNDERSON
Notary Public. State of Arizoa.:

Maricopa County
Commission 0 615665
My Commission Expires
NOvc mt)5e 05, 2025
..w.4-,440 p,,,, _icy=�aritevk�.•-•
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 retying on the documents.

INDIVIDUAL

CORPORATE OFFICER(S) TITLE(S)
PARTNER(S) ❑ LIMITED
1 ATTORNEY -IN -FACT

J TRUSTEE(S)
pi GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

Name of Person or Entity

GENERAL
Name of Person or Entity

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

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

NUMBER OF PAGES
SIGNER(S) OTHER TliAN NAMED ABOVE

DATE OF DOCUMENT
Reproduced toy RTe American nuu Company w x o9

STATE OF ILLINOIS
COUNTY OF DUPAGE}
On March 2, 2022, before me, Sinem Nava a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared, James I Moore known to me to be Attorney - in -Fact of The Continental Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and duly acknowledged to me that such corporation executed the same. iy WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate afppve.

My Commission Expires, August 28, 2025
Commission No_SS9777
..fis)"(A,'Ilk CIA '`-ite:3[)-1-" ,_
Sioern Nava }Notary Public

OFFICIAL SEAL

SINEM NAVA
Notary Public • State of Illinois
Ccmmim scion Expires Aw4..28 z 25

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Alen By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company baying its principal office in the City of Chicago, and State of Illinois, and that it does by virtue ufthe signature and seal herein affixed hereby make, constitute and appoint
James I Moore, Stephen T Kanner, Dawn L Morgan, Melissa Schmidt, Amy Wickett, Kelly A Gardner, Jennifer J Mc Comb, Tariese M Pisciotto, Diane M Rubrighl, Martin Moss, Individually of Do;vners Grove, IL.., its true and lawful Attorney{s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed 'Phis Power of Attorney is made and executed pursuant to and by authority of the By -Law and Re a1utions, printed on the reverse hereof, duly adopted, as indicated, by the [bard 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 . Bruflat ici� President Paul . Bruflat �cc President State of South Dakota, County of Mirnrebaha, ss:

On this 20th day of June, 2021, before me persc+nafy came Paul "1. Bruflat to the 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 k 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 se& affixed to the said instrument is such corporate seal; that it was so affxed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and decd of said insurance company. 6••66••,++ ��. ♦n��
M. BENT 46
»CARRY FUBLIC
'�` sour» oAuorA
My Commission Expires March 2, 2026
,,7141J -
M. Bent Notary Public

CERTIFICATE
1, I), Johnson, Assistant Secretary o€ 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 thrther certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 2nd day of March, 2022.

The Continental Insurance Company
C."—CC-v
D. Johnson Assistant Secretary
Form F6850-4/2012
Go to www,cnasure .con > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.

SEWER NOTES
SHYER CONSTRUCTION AND ALATERIIL5 S HALL B£ IN ACCORDANCE WR H THE CITY Of BEAUSTANDARDS AND SPECIFIC4.6 AND EASTERN MU NICIPAL WATER DAGTRICrs O,1170)D) ML0 GUIDELNES

2. GR AVITY SEW ER PROFILE ELEVAIONS ARE M BE FLOW LINES (CON DUIT n ).

J. MANHOLES SHALL BE COM SIMICIED IN ACCORDANCE MIN RCro STD 606 SEWER AWNS

M AY BE MO THROUGH THE M ANHOLES AND USED AS A FOR M FOR THE INVERT GIST IRON SHALL E USED FOR .1510(£ COVERS AND SILL HAIFA L. CO.. R. 4 PRIOR TO CONSTRUCTION °F SEW ER, CONTRACTOR SHALL EXPOSE EXAM. SEWER AND ERIN ITS EEVAIIN. WHERE CON.. TO MEIL MANHOLES AND INLET MUB OF PROPER Z EX IS TS NO ALTERATIONS SHALL BE BE MME M WM. MANHOLE BASE OR STUB EXCEP T AS SPECIFICALLY AUTHOR. BY M£ CITY OF ...NT .

5. WH ERE A NEW INLET M US T BE CONS TRU CTED IN AN SERENE MANH OLE THE ELE VATION OF ME INLET SH ALL BE SUCH MAT I. CROW N SHALL DO LEVELED MM ME CROWN OF I. OUTLET PIPE AT THEIR ;N.C.. TO TH E M ANHOLE CENTERLINE.

6. ALL SEW ER IN LETS AT E M ANHOLE SHALL E SUCH THAT ITS CROWN SHALL BE LEVEL M TH ME CROWN OF ME OUTLET PIPE AT THEIR PROJECTION ro THE MOM.

CENTERLINE.

1. ME MEW. A IS ADVISED MAT ME W ORK W MAS PRPROEMPROEMM AY INVOLVE WORKING A CONFINEED AIR SPACE. CONTRACTOR SHALL BE RESPON SIBLE FOR 'COMINED AIR SPACE' AR.. 109, TITLE 8 CALIFORNIA ADM INTIN DON CODE
• PROVIDE C..4..DEVICES WH ERE UPSTR EAM MANHOLE RIM IS H IG HER

THAN PAD

PROVIDE APPROPRNTE MARKING TAPE AT TOP OF ME PIPE CENTERLINE ON TOP OF PIPE BEDDING.

M. SHYER IA.AL S HALL BE 119E A' PER DETAIL SHOWN HEREON, UNLESS OTHERIWSE NOTED W DETAILED ON RAM S.

II. DEVELOPER SHALL H AVE CEDTECH NKCOMP ACTION � E....ALL WM, R SO E.... R EM O BSER VE TRENCH IN
G,
ROALD RY AY.. MN N OF WAT O SETS OF COMPACR£NRTSCERT.. THAT WORK WAS

DONE IN CONFWAIINCE TO STANDARDS AND GEOTECHNMAL REPORT SHALL BE SUBMITTED TO ME DEPARTM ENT OF PUBLIC D OR. AT LE.T TW O W ORKING DAYS BEF ORE AGGR EGATE BME MM.. ARE PU CE° ONSTE
I2. UTILITY TRENCH BACKFlLL PER PUN, PROFILE RCM STD BIB AND LATEST GREEN BOOK SYCM ON 306. CRUSH ROCK BDING, HAUNCHINC, INIML BACKFRL PER GREEN BOOK TABLE 506.-+2.1.), MAXIMUM DATION ROCK GRAD.. 1/2 INCH FOR PVC PIPE SIZE 15 INCH AND SM ALLER AND J/4 INCH CRUSH ROCK FOR PVC PIPE URGER IRAN I5 INCHES METER.
maEV L'FF 1926.651AN 0 192665z OR COMPA RABLE
':=041,°21-70007

GENERAL NOTES
lT SHALL BE R£SPoNSwury ON ME DTOR OF R/UC W OR

C(P 'MOFC U NONAPFL TO
N LMNECwOAE roy4 PP LI U F AI LL
WORK PERFORMED WAIN PUBLIC RIGHT-tti•-WAN.
• rt SHAu BE ME RESPW vwun DF ME cWmAcrwe ro
INSTALL AND MAINTAIN ALL CONSTRUCTION , REWLAr(APY,
nl�vHaaa°uHaNrs arvo°NOWPRMDlw0c sn 'RFE° `vnsrsuAcr Rae°

ME MAVELING PUBLIC AND W OPNE RS UNTIL ME FINAL
COMPLETION AND ACCEPTANCE .

J SORE MONTOPIN A NAMar w OLLU MOPEMau ONE
ACRE MUST OBTWN A. NATWAL PoLLUTANIS DISCHARc£
ALL NDRK SHA LL CONFORM m THE LATEST EBTF OF
CWNtt DARIW RSOE 1FANSPoRTATON DEPARMENT (RCm)
ROAD INPRDINANCi 481 AN
AND ssLT AM ESW
cWNry ORDI NANCE 46r AND WBSEWENr aMENO M rs.
• ME CONMACRAP SHALL E RESPOONSBIE FCR ME NEARING

ON ME PROPOSED WORK AREA AND RELWATIW C OST OL
ALL TEUCNG UNITIES. PERMITEEE M4UBST INFORM CITY W
pSi a CY NS CTg AT 951) 891 .620. °R T °
A LL QisTNC sURKY MONUMENTS STALL W PROmC1E0 IN
PLACE OR RELOCATE° BY A LCENSE PROFESSIONAL LMD
SURVEIYAP PRIOR m CONSIRUCTON COMPLEIOV .
• MENLUING FOP UTLTES AND STRUCTURES IS NOT ALLOWED
UNRL SwL C(NPACTON RE9OPT IS WBMIr1E0 m AND
PPROV£D BY ME PUBLIC NOPKS DEPARTMENT PRE LMINARY
SwL REPORT P.N . 1-0160 DAZED 11/2 6
AVAARLE BY ALTA CALIFOR NIA CEbmWNI I SYfALL BE
AVMLABLE UPON REWESi.

8. LL UNDERGIRWND FAQLTEE MINT LATERALS S/ALL BE IN
FL ACE PROP ro PAVING THE STREET INCLU NG, BUr NOr
LFN£ IC� GT SR RM �NLNSMANO CIX�AN NIGPLY°A VIE S
AL�MANHOLES SURVEY M RKERurrr FSIER ALL BE
cO°ulacnwvT aF ixE a�RUYCON
I HALTIC EMULSION (FOG SEAL) SHALL E APP LIED NOT 0. MESS MAN FWRmII N DAYS FOLLOMiNC PUNMENT DF ME

ASPHALT WRFAQNG SEAL AND PAINT BINDER STALL BE
APWED AT A RATE ON 0.0.5 /N D O.OJ GALLON PER SNARE
TO SECilONN Jl, ISO AND #44 O°ME SSTATAE STANDARD
WIRED.. 11, DUN. PAVING OPERATIONIR EFE owRIX SHALL BE
P ER FO RMED AS REWIRED MAY THE QV ENGINEER.
�. FOR SEWER MAIN S 15 INCH INDIAMETER AND SMALLER AT DEPTHS BETW EEN 15 AND 20 12. OPER SHALL UE NLL Y RESPONSBI£ IN ASWRNG THAT fE£T (FROM FI NISH SURFACE r/ E TOP DATHE PIP£) HIGHER CUSS W BEDDING OR IM PROVEMENTS CONFORM ro ME APPROVID PUN.

SMONCER %PE OR 6OM CIO SU USED, OMIXWS E OF PE A SOLES REPORT/ CA suPPO,enNc GAL cuuTIONs TO sLNsraNrum TIME w PVC sDIr J5 sEwEa PI PO VELOCITY OF ME SEWER MIIN SHALL NOT EXCEED IOFr/SEC DESIGN FLOW AND • M IN IM UM ACCEP TED LENITY SWL BE 2F//SEC DESI6N FLEW (MAY OEP TN S I/O FU LL ‘9K3 FOR 11' OVM EIER AND SMALIFR AND 3/4 PULL FOR IS' AND URGER OVMEIER).

M NUM SO R£ AS LL'0 B' MEBMU, 10'-0. 085, 11'-0. °660, 15'-0.0500 1B'-0. 31°0, 11 0.0300, 14 0. 0150. MINNUY SLOPES ARE AS FOLL OWS Um0ALS 4 O 1 6 INCHES- °.020, MAW LINES B' -0.0090, 10' -0. WJ2, 11' -0.0014, 15'-0. 0016, 1B'-0. 0014, 21'-0012, 24' 0. 0010.

VERTCIL AND HORIZONTAL SEP KAI)W BE LATERALS OR SEW ER M AIN FROM E ATER OR RECYIX £ W A1£A LINE SIWL E IN ACCORDANCE WITH SMRCB-DOW WHEN SEWER LINE CROSS OTHER owns. STORM DRAMS OR OTHER OBSTRUCTIONS,

ME OUTSIDE PIPE ELEVATIONS SHOULD BE SHOWN TO INDICATE THE AVAILABLE (I O�1n OUTSIDE
WNW. OF DEPTH .RE .N IT FEET FROM .V. SPL. G R.E TO SLY . PIPE

SH RR PER RCM
S. 606 WITH A MANHOLE FRAMES AND COVERS PER RC. STD 606.

T,9. MANHOLES OF DEPTH MORE THAN 12 FEET FROM FINS H STREET GRADE TO SEWER PIPE S HELF SHALL BE LIVED W. APPROVED car's PVC LINER. ME BASE AND ALL REMAINING EXPOSED CONCRETE SHILL BE CLLR I. AN APPRO. POLYURETHANE CO..

IRREGULARITIES
THE

LIN ING AND COINNG S HALL BE TRE E FROM DEFEC TS

20. MANHOLE SPAR. - ME MAXIMUM DISTANCE BETWEEN MANHOLES FOR PIPE 15 INCHES E DANE. ORM ANHO LES ARE RSM ALLER

AI AM M FOR
VIN G 1A8 W. END DIAMETER EAND OVER IS 500 fEET.

CU... FOR MDIUS
LESS' TWIT 500 FEET,, THE MAXIMUM MWH01E SP.TIG S 200 FEET,

21. IMM UNE AND LATERAL CLE/N OUTS SHALL BE CONSTRUCTED IN ACCORDANCE WITH RC.

SID OP.IN1NG 60J FOR VCP PIPE AND mom TO PVC PIPE. CLEM. PPE MUST BE THE NW= DIA METER AND W.. AS M AN SE. L. CLEANOUT MAU BE ON EACH LATERAL INSIDE OF ME PROPERTY LINE A ND SHALL BE COORDINATED AND PO

APPROVED BY BUILDING AND SAFETY DEPARTMENT

12. WING PIPELINES PER LATEST EDI. GREEN COOK, SEC. J06-1. 4. 13 IN NO CASE MALL THE SEWER SYSTEM BE ENTERED DPI ALL TEST G,, CI.. G AND FLAIL IN SP ECTION IS CO... NO FLU SH IN G W ATER OR DEBRIS SHILL BE ALLOW ED TO ENTER E E MT. SYSTEM

E PR IVATE ENGINEER SIGNING ESE

PLANS IS RESPON SIBLE FOR ASSURING THE

ACCURACY AN D ACCEPTABILITY OF THE
DESIGN HEREON. IN I NE EVENT OF

DISCRE PAN CIES ARISING AFTER CITY

APPR OVAL OR DURING CON STRUC TION, THE

PRIVATE EN GIN EER SH ALL BE RESPON SIB LE

ACC EPTABLEFO R D ETERMIN ING AN SOLU TION

AN D REVISIN G THE PLANS FOR APPROVAL BY
TH E CITY.

AEG P LANS HESE S HALL
nor CO MME NCE AMP G GRADIWORK MINTAMED W ITHIN NG

E NCRO ACHME NT

PERMIT AND/ OR A GRADING PERMIT HAS
BEEN ISSUED.

L�C,.�1rJl F
d,
COHER E ,,,E 1TON ERRS Q DMLEAiHA r RRPOSEDDS, E
Irv. FP4 TH
IJ. ME CONMACiA4 S TALL BEAR ALL COST F0.4 ME
CCRRECTO ON REMOVAL ONO°IRECT OR °ENOI�C°FT OSRC D IE
fJT ' NAV INq %R � ACCOUNT a DEFECTIVE WMN

INIX UDING E COSTS OL ADDITIONAL ADMINISMAAIE
PR6TS�ONAL CONWLTANT INS PECT(N, IESTINC AIJD OMI

14. THE QIY RESERVE THE RIGH TS r0 REWIRED RENSG

HAA ITT COMAE O) ERIN
9pAl.ff c slFw
HAS ITT COMAE.. MfMIN INV (EARS AFTER PLA
WERE APPROVED.

ON
A
/1

CITY OF BEAUMONT, CALIFORNIA

SEWER IMPROVEMENT PLANS
TRACT NO. 31462-26
II' 37596
iP '11462-15
SEWE R CO NSTR UCTION NO TES:

OINSTALL B" PVC (SO D -A5) SEW ER M AIN PIP E
ZEAL( PRECAST 4' LD CONCRETE M4 NTKKE W/CAST IRON MANHOLE COVER PER EAIXD Sm. DWG. 58-SJ AND 58-61
° INSTALL 4' PVC SEWER MUSE CONNECTION PER EMWD Sm. DWG 50-177

O REMOVE EXISTING B' END CAP/PLUG AND ,DIN
° INSTALL LATERAL CLUNDUTS PER NM Sm. DWG. so -52
OOR EQUAL BACK FIRE PREVE NTIONPREVE NTIONPREVE NTIONMICE AM ERICAS FOU SO WYS N HN3-A ° INSTALL TERMINUS MANHOLE PER se -se
® INSTALL :MN . PRE DT CONCRETE 5 LO MNHOIE W/ PVC LITER fROM B COVER OF ED. S m TOP EI AOIUSTNS T AND CAB' M OB AWNNOIE COVER PER EMWO SILO. OWL. SB-Sd AND SB-61
DOWNSTREAM FACILITIES NOTE:

PROTECT IS REQUIRED TO CONSTRUCT DOWNSTREAM FACILITIES IF N OT CONSTRUCT. AT NAIL OF UM WECTION.

QTY .

ILL
6U
CDAI
M 55 56
CD
57 0H. 115 1ITG G';: Y'E 7
:IE ACC 3
CCD
Ta /432-/ --/J
£ CKEL' av
I
55 55 59
60 M.NT CI
N

INDEX MAP
SCALE: 1'=10°'

L EGEND

LAST LOT

ON TRACT
O
P=2367 .1
TRACT...DARR
WITT Or WAY

P RO POSED SETIE R MAI N

PUBLIC UNITY EASEMENT

CEN TER LOVE
.ME T MANHOLE

PROPOSED WATER MAIN
PROPO SED M. SER.

PAD ELEVATIO N
PROPOSED CA]TN BA SIN
Q PROPOSED BAGYFLO W PRE KNk. I Rn:CTO.
"wl E' STAR. O MAN sm.

LATERAL CA(LWI )0+5622 S0 .
xR
Nc
CONSTRUCTION N0l£ REFFREM E VCP
ABBR EVIATIONS NOT E:

FS FINISH SURFAC E I. A PPROVAL OF THESE PLAINS ANNE

INV INVERT OF PIPE ONLY DPW ME JURISDICTION OF THE
C/L or IX or N CENTERLINE CITY OFF B.U.P.BEA
R/ W RICO T —OF —WAY
UT LATERAL 2. TRENCHING FOR UTILITIES AND
STA STATION STRUCTURES Is NOT ALLOWED LIME
PROW PROPOSED WI C OMPACT. REPO RTS SUB MITTED

LENGTH AN D AP PROVED BY ME PUBLIC W ORK
N.T.S NOT TO SCAT£ DEPART ME NT.

ELEV,/EL. ELEVATION
MIN MINIMUM 5. ME CITY RESERVES T HE RENT TO

MAX MAXIMUM REWIRE REVISION OF THE APPROVED

TYPICAL PLANS TO CONFORM WYM CURRENT
BOP am., . PIPE ST D44D5 A ND TO POST A NE W .0
TOP TOP OF PIPE IF CONSIDER. HAS NOT COVMENCED
ALNor LWSEWER WNW, WNW TWO YEARS AFTER P UNS WERE
PVC POLYWND CHLORIDE APPROVED.

PIPE
INSIDE DM . 4. SOLWALKS AND DRIVEWAYS APPROACHES
COU NTY MIL BE ROW ED/CONSTRUCT£D ONLY

TRANS DEPT AVER D RIVEWAY LOCATI ONS ARE
STANDARD D ET ER MINED.

STOR M DRAIN
..P

CROSSING

WA VED CLAY PIPE
APPLIC ANT/ SUBDI VI DER:

MC FAIRWAY CANYON, LLC
A DELAW ARE UA nIED LlMWIY CO MPANY
2592 MORSE AM
IRVINE, (D 92614
O£FICE (949) 241-8403 CO NTACT

CHERRYL T HO MPSON

LEGAL DESC RIPTION
IMP NA 31482-21. IN WE BEIU MONr. LOWY
cr Alumv vc sMT- cry awm as sw o �w�

APN NUMB ER
4,.3-190-041 ( PORTION)

PRIVAT E ENGINE ERS N OTIC E TO C ONT RACT OR(S)
I. THE CONTRACTOR IS REQUIRED TO TAKE ALL PRENAUTDNEPY MEAS URES TO PROTECT THE U NITIES SH OWN, AND ANY OER LAMS OR STRUCTURES NOT SHOW N ON T HESE P..,, AND AS REWIRED F AR T HE P ROTECTION OF , AND ANY DAMAGE TO MESS LMS OR STRUCTURES.

P. IT WILL BE THE CONTRACMR S RE SPOND., TO IVY E OWNER ON ALL MI NIS

OR STRIICRIRES CONCERNED BEFORE SWIM WORK
3 OUAMTIES SHOWN HEREON ARE PRO DDED FOR BIDDING PURPOSES ONLY CONTRACTOR SELL BE RESPONSE. FO R VERIFYING AU QAN ITDES PRO P TO B ODING FOR CONSMUCRO W

4. THE PRIVATE ENGINEER SIGNING THESE PEWS IS RESPONSIBLE FOR ASSURING ME ACCURACY AND ACCEPT.. ON THE OESYC N HEREO N. IN PIE EVENT W DISCREPANCIES

ARISING AFTER CITY APPROVAL OR CU BING CONST RUCTION E PRIVATE ENGINEER SHALL BE RESPONSIBLE FOR DETERMINING AN ACCEPTABLE SOLUTION AND REV4SFlG ME PLANS FOR APPROVAL BY T HE CTY.

DE CLA RATI ON OF ENGINEE R OF RE CORD:

HEREBY D EC.. TINT IN MY P RIN ... OPINION ONE DESIGN OF ME I MPROVE ME NTS AS SHOW N ON

ESE PU NS CO MPLIES WITH E CURRENT PROFESSIO NAL ENGI NEERI NG ST AND OS AND P RACTICES AS

THE EN GINEER IN RESPONSIBLE CHARGE OF ME DESIGN OF THESE IMPROVEMENTS, I ACCEPT FULL

REMON NEDITY FOR SUCH DEWY I UNDERS TAND AND ACKNOWLEDGE THAT ME PUN CHECK OF MESE LI MITED PURPOSE OF ENS URI NG .T MESE
PUNS COMPLY WITH E CITY P.CEDIIR£s AND OTHER EAP PLE. E CODES AND ORDINANC. ME PLAN RENEW PROCESS IS NOT A DEI£R MINATI. ON ME TECHNI.AL ADEQUACY ON ME DESIGN OF ME IMPROVEME NTS SUCH PUN CHEC K DOE S NOT MERE.. RELIEVE E OF MY DESYCN RESPONSO NTY.

AS THE ENGINEER OF RECOR D I AGREE TO DEFEND AND INDEMNIFY THE CI, OF BEAUMONT KS OFFICERS ITS AGENTS AND ITS EMPLOYEES FROM ANY AND ALL LLA QLITT D AMS, wWMGES OR INJU RES TO ANY PE RSON OR PROPERLY .SING FROM EGLNENI ACTS , ERRORS LN O MISSO MS OF TE EN GINEER OF REC D. .5 EMPLOYEES, H6 AGENTS OR HIS CONSULTANTS
LENFESIEY RUE 45920
T, 2-JI-1012
01/27/2 2
ON E
I NDEX OF S HEETS:

SHEET I - TI RE SHEET NONITY MAR LEG END, GENERAL NOTES

QUANTITIES AND INDEX MAP

SHEER - TYPICAL SECTIONS
SHEET J - SLUMS WORT - STA. 10+60 .)4 m STA. 15+6055
SHEET 4 - COUPLES COURT - STA. 16+24.)1 TO STA 26+7472
ME ET 5 - FORD SIRE£r - STA ILO+DO .W TO STA . 19+00.00 SHE ET 6 - F ORD STREET - STA 19+0°. W TO STA. 22+1),41

DIAL TOLL FREE
8-1-1

AT LEAST TW O DAYS

BEFORE YOU DIG

UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA
BASIS OF BEARINGS:

DESCRIPTION:

THE BASIS OF COORDINATES FOR

THIS MAP IS THE CALIFORN A STATE
PLANE COORDINATE SYS TEM, 1983,
ZONE 6, BASED LOCALLY ON

C ONTRO L STATIO NS 'RE ST AND
TR ASH.

BEARING N 273952' E
BENCHMARK:

DESTRO.. USG S M ONUMENT "REST"

B ENCHM ARK DISK SET IN TOP OF

CONCRETE MONUM EN T STAM PED 'R EST
1912' ON DESE RT LAWN DRIVE ACROSS

THE DRIVE - FROM DESE RT LAWN
CEMETER Y 25.3 F T. E.. OF TH E DRIVE
CENTERLINE 24.9 FT. S.W . OF THE S. W.

E DGE OF THE SOUTH EASTBOUND LANES
OF INTERSTATE HIGHWAY 10
ELEV. 2491.44, NGVD 29

PROREERRIING WEE

DESCRIPTION
E. EER

REVISIONS
CITY

CHECKED
REC

AS NOTED
DATE
al/ 2/21
Rev,eweE
Re commend ed fo r Approval By-- <f` D ote EONa
RPEYREER 6y.

CITY OF BEAUMONT, CALIFORNIA
DRT,52LZ52012
JOB MIA.

City o/ Beaumont, Public Wo rks Deportment
Engineer ing Division

SE WER IMPROVEMENT PLANS
TRACT NO. 31462-26

TITLE SHEET, VICINITY MAP, LEGEND,

GENERAL NOTES, QUANTITIES,

AND INDEX MAP
SHEET
1 OF 6SHE ETS

OPAYONG

ARGENT MANAGEMENT
FIE NO. 3421
PW2021-0713

8G0£ ro 0£G1,

E PR IVATE ENGINEER SIGNING THE SE

PLANS IS RESPON SIBLE FOR ASSURING THE

ACCURACY AN D ACCEPTABILITY OF THE
DESIGN HEREON. IN THE EVENT OF

DISCRE PAN CIES ARISING AFTER CITY

APPR OVAL OR DURING CON STRUC TION, THE

A RMEE EN GIN EER SH ALL BE RESPON SIB LE

FO R D ETERMIN ING AN LE SOLU TION

AN D REVISIN G THE PLANS FOR APPROVAL BY
TH E CITY.

WORK CONTAINED WHIN 01.03M

P LANS S HALL

NO T CO MME NCE AMS G GRADN NE NCRO ACHMENT

PERMIT AND/ OR A GRADING PERMIT HAS
BEEN ISSUED.

DETAIL A - TY PI CAL LATERAL UNDE R SD D ETAIL
Nor TO SC ALE
(REFERENCE EM.W.O . STD. DAS 58 -ITT)
NOTE CONSTRUCT 4" LATERAL AT 1%SLAIN SLOPE
P RO POSED B"
P ROP OSED 4"

P VC LATERAL MPS

P ROPOS ED
PVC SEDER6"

DE TAIL B - TYPICAL LAT ERAL OV ER SD D ETAIL

NOT TO SCALE
(REFERENCE EM.WD . 510. 0 80 5B -I )
NO1E CONSTRUCT 4 LATERAL AT 2R MIN SLOPE
PUE
25'
1B
18 '
25'
20Z
Wx (RR)

OP WATER
(ZO
NE 2050)
B" OP WATER
(Z ONE 1510)
0/18
10' MIN.

USN L OF PPE TO

WSW OF PPE
TYPi CAL X- C%70V
FORD sacra NORT HA2S.GYa4IXXRT1
B" OP WATER -7°-
(ZONE 1510)

STORM DRA W,

MERE NHERE OCCURS
CO
ALE S
10' MN
CAME Of PPE TO
WINO( Lf PPE
`6" PVC 5 £NER
TWCAL S:C7V N
Ma, MEET (SX/JH O.S GGS C rRT1
ACT S
RAM
RAY
15'
IB '
)B'
• z0x
.+J� zo x
B" OP WATER —
(ZONE 2510)

ILL' MN

OUTZT OT RI Z TO

USW ZAIRE
n'wcv
C OUPLES CY X49TAA D S GG9CCART
N TS

DIAL TOLL FREE
8-1-1

AT LEAS T PRO DAYS

BEFORE YOU DIG

UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA
BASIS OF BEARINGS:

O ESCRIPTMN:

THE BASIS OF COORDINATES FOR

THIS MAP IS THE CALIFORN IA STATE
PLANE COORDINATE SYSTEM, 1983,
ZONE 6, BASED LOCALLY ON
C ONTRO L SEASO NS "RE ST' AND
.R ABwT'.

BEAR/NIA N 273952" E
BENCHMARK:

DESCRIPTION.' USGS M ONUMENT "REST'

B ENCHM ARK DISK SET IN TOP OF
CONCRETE MONUM EN T STAM PED "R EST
1972" ON DESE RT LAWN DRIVE ACROSS

THE DRIVE FROM DESERT LAWN
CEMETER Y 25.3 F T. E.. OF TH E DRIVE
CENTERLINE 24.9 FT. S.W . OF THE S. W.

E DGE OF THE SOUTH EASTBOUND LANES

OF INTERSTATE HIGHWAY IO
ELEV. 2491.44, NGI/D 29

CLJ PROACTIVE ENGINEERING
Co

NSULTAN TS WEST, INC,

PROREERRIING WEE
Err

DESCRIPTION
E. EER

REVISIONS
CITY

CHECKED ED
PEC
scALE
. NOTED
0,/22
Rev,ewe2 By: a >^" Q �] D ater'''"
I
Re commend ed fo r Approval BY ' <F? ' D ote 2110 0012
25570062 6y Dpte0T125R012

CITY OF BEAUMONT, CALIFORNIA

HOP AMBER
City of Beaumont, Public Wo rks Deportment
Engineer ing Division

SE WER IMPROVEMENT PLANS
TRACT NO. 31462-26

TYPICAL SECTIONS
SHEET
2 OF 6 SHE ERS

OPAWNG WYE

ARGENT MANAGEMENT
FIE O 3421
PW2021-0713

73 I
1 u,
gg
ry

GROUNDD
I
�
our
24V

SURFACE
PPIPE�
3 GROAT
N
441,0
o
•

54'
! PcLENGTH)
� 'n
B
m
PV '

PROPOSED
8"
SE WER
«�
z5zo

LENGT H)

IINSTAL
(PIPE'
v°
725.82'
PIPE
L 3
I
!I
INSTAL
B PK. WR
11-
\1111111

IPROFILE
SCALE:

HORIZ 1 =40'
IERT 1 =4'
V
I
p 1Q0 i/MD 121X
. 1
AO
t+]3.56 _
NO+6T51 rMH j4 6 .�
) MN'l5 -- 6.00 W OF F —I I
X{IOG
O T
W OF o-MH
14+9.06--
jJ —
MAW 15#04 761010
Ld 14,$6
WX- µD SWR
P
TOP 8" 5042 = 239652 11
1 o sirgEr o
S� W OF 1 SEE 15+60.15 SUC(S LOURT= 2
I 1 .5� 10 +9.55 FORD 6.720 £26

SEWERLINEB CURVE DATA
I I 6
g 5 I 5
6 6
5 5
6 1 5 1 26. / MN j12 - 6,0 ' W or Q
5 I $ I
O
N
BEARING iA
/DEL
R
RAMS
A.G.

TANGEN T
TAN
3 I O
5 O ©
© I 1 T \1 1I
63 Dn
LI N9TJ5'ST E
10)59'
-
J b I N l
11 "�

56 5>
1 \� 53
F-2
04 =�
PT408.4
���P
1 aa9T4 I
, - < I '' R/W'
b
Ld N86M' 16Y
1268P'
-
I�
�P R� I ' I 'l I
0 ICD
1 0 p06,d
\ -A-
10+615!
—
— _

—_I-1 I +39.6:::
5 J - rt
_ L
r__
15+54 .15 �' SLUCGS COURT
10+956 � `FORO ST REET
PHCATI9"y,
- I
5 3 �v-2A, ITPI T
- x9 0/1 I ^g
,(
o
42 \ % I 1
/ 141 I.9^ 5
P=:4129 I` O
J
PROM. B" P✓C WATER
PER m. 31462-26 MA. PLAN
e.w.
o
I 2,1409.9
SUGGS
0 I 3 3%9.

O O
6 6
COURT
-- e
o -E
-2a 029
O
o
I P-2406 .9 Il
81 O
6 P -2,
v 1 1 PLAN M(9112021-0714)ARATE
I
1 L1,20_____i L 5_
ICRY-ING 01
BOP 8" IDA = 2398.41
SWSWt TOP 8BOP 0 MO==29,31
TWB"6.042=19198 2337

E PR IVATE ENGINEER SIGNING ES E

C ONSTR UCTION N OT ES

PLANS IS RESPON SIBLE FOR ASSURING THE

ACCURACY AN D ACCEPTABILITY OF THE
DESIGN HEREON. /N THE EVENT OF

DISCRE PAN CIES AR/SING AF TER CI,

APPR OVAL OR DURING CON STRUC TION, THE
PF RI

DE EN GIN EER OERMIN ING N AC EP ERESPON SIB LE O
AN D REVISIN G THE PLANS NR APPROVAL 8Y
RVAL B
TH E Cl
0LL B" NC (S02-3.5) SEWER MAN PIPE
,JE O INSTALL PRECAST 4' I.O. CON.. MANHOLE W/CAST ION MANHOL E COVER I(u JE PER EMro 6./0. DWG. SR -53 AND SR -61
Q INSTALL 4" PLC` SE WER HOUSE CON NECTIO N PE R EMWO 5/0. DWG. SB-1, AIQM
40' 0 40' BO' 110 SO /NSTALL UIERll. CLEAN.. PER ENV sly. DWG. 58-52

WORK CONTAINED WHIN P LANS

NO T CO MME NCE MIR E AN ENCRHESEO ACHMENT S HACL

PERMIT AND/ OR A GRADING PERMIT HAS
BEEN ISSUED.
®84110,0.4: 8ACR ROW PREVENNON LE110E AMERICAN FOWL... NH53-A SCALE. ' 1 "-40 ' OR
`
L, *,1_101'11- 2.

N\.
�L' \
1` DIAL TOLL FREE
f1, u 8_1_,
t \I AT LEPST 11Y0 DAYS

BEFORE YOU DIG
Drv0000rro 0x0 003050 00007 of 5080300 COLRSOHIA
BASIS OF BEARINGS:

O ESCR/Pr/ON:

THE 895/5 OF COORDINATES FOR
THIS MM l6. THE CALIFORN G STALE
PUNS COORDINATE SYSTEM, 1983,
ZONE s, BASE D 00709007 ON
C ONTRO L BASE DSUDO .L "RE S. AND
'R A88/Y.

BEAR/NW N 273952' E
BENCHMARK:
ervGirve
„55524503 0 wesT r

CONSULTAN TS
gA
nxxx I 's
*
q � wG F�
tll\
G
z1�
ae; of zi

CITY OF BEAUMONT, CALIFORNIA
SHEET
3 OF B SHED S
OES' CR/P1/ON.' !TOGS M ONUMENT RESY
9 DISH SET IN mP of
CONCRETE MONUM EN T STAM PED "R EST

CONCRETE
19]2' ON DESE RT LAW N DRIVE ACROSS

THE DRIVE FROM DESERT LAWN
CEMETER Y 25.3 FT. NE. OF TH E OR/V£
CENTERLINE 24.9 FI. S.W . OF THE S. W.

EDGE OF TAE SOUTH EASTBOUND LANES
Ransomed By: D ate
g,,,
Re commend ed .....,1,—...-O O vte 2l1fi�a
mmtl etl fo r Approval By

SE WER IMPROVEMENT PLANS
TRACT NO. 31462-26
�// �M M/�T
, l8O A yyyTTT
STAL 1049 .)4 TO STA 15+�15
o� ,
�-zoo-ee.o "
PROA CTIVE e
n

4,9A.Ad Is. Vete082.5Rp23
tis x o o
GI/27/ 22
�nr
DRAM E
o
WNW 2
OFEL INTERSTATE HIGHWAY ,G10
ELEV. 2491.44, NGVB 29
^1°
o[scS
.0000.

DA
D,Public Wo rks De rtmer,
Cif of Beaumasio Paper -Hoer,
Engineer ing Division
PW1021-0713
E : EEe
I O
RE A s I o N S
elrc

0.70 0, ,. 0010 sm, 1z-01-0001 DA M
5 0054. E
'°n ARGENT MANAGEMENT

I 90
ND
$

PROPOSED
T

SURFACE

OF PIPE

I EXISRNG
GROUND

BUSYI NG
GROUND
ROVE
\
R
$
e ^
^
\
ry
owiwxrED
i
2399
1906
i I

PROPOSED

SURFACE
¢
T

ABOVEY
OF
PIPE
_

\
1 I
—
2380
o
0 I
0 1
2Rdi
MO
\
-
206a
I
W
1 PROPOSED
-

B SEWER
�

PROPOS ED
8 SE WER
I
01 \\
4%:',� .
2370
, RO PCEED
2370
dISIA(
149 24
FIFE
ENG
)
ALL
IM 74
(PP ELEA'GH
NST
OTTE

PIPE NSINL
5211'
META((
11113"
P
8' PVC
SEWER
B

PVC SEWER
8" RL'
5E R
8' PVC SLIVER
e
PRO HL\
HORIZ 1 CALF
FICRIZ SCALE:

IERT f =4'
I
WOO 20{00 WOO 22100 78700
.31 PROPOSED a' PVC W ATER
�` PER M. J1462-26 WATER PLAN
J
JN N o
-g1�
(J 3y 9 J
5 PJP= . 0 P2390. 3 a=8360. jq
C ,. �+ y\IP- wJ5
'P4
J 53 �z,
14167 14160
25f00 16460
—PROPOSED a' PVC WATER (
PER >R. 31462-26 WA]. PUN FORD
(273 )ZiB IBS
P- 365.4 \ '��n�
• �uWs�•�I
p P9 23636 � i'
-23. 61.0
5 33 J
♦ P29,3 0
' 66 sp
r- -
P=239fJ 2N21
'
Rw
23931 33
PE -23956

__
■■ T
116+6829 F GWPLES COW
1 4-F s
— W '-w
\\
4 _ •♦`
S
69 �;
/
•
\
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35 I■
3 a., v-23415/ "1
—,�

SEWER CURVE
��
„
„
R/W
��✓.. .
_ . O�\ ,v =T391.5
\
\

BEARING/DELTA
RADIUS
LENGTH

TANGENT
■
2 p =
•
qJ 20,J ♦
/ 21 - I v =TJe55
2389.0
�\

m
--
s
_
1111 \I I� T6+l4 .
w$r
e { P-239]0
\1\�1`\\\P
-5. �$'`�
-2391.1
31 z 3efis
\ P-T38e.0
JT COU PIA COURT=a
\� Pzea3a \
CS TOJ9iTl'
41400
14924'
1544;I\/
g'
(
R
\lV� iJ+IJ .95 f ORD STREET
1 MI MJ - BOO ' £ OF �'
/ ry I 5 I ?
9\T J ^I �l J °V l�
__YY66 ^^
LI N89.006 'E
-
JPS65'
ii
I
15 ° =2352.0
mI
-2352 5
-
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P=
IT W `'.� —
21392
- ° I
\ RI l pp v 2 / .1

1. \\'` .g�� - ry 314/ / `
\\€ ,\ \G A 8 5 / Av' 1
2b COUPLES COURT o- "" `S9 `S I4"
`al - 1 _
e
ll KR X NC SWR
5 5 5 TOP 8 'SWR=133&150

CONSTRU CTIO N NOTES COUPLES COURT
\\ 5
O) INST ALL 8 -PVC (soe-3 5) SEW ER M AIN PIPE
E PR . E PO IBL SIGN

PLANS IS RESPON SIBLE FOR ASSURING THE

ACCURACY AN D ACCEPTABILITY T THE
DESIGN HEREON. SI THE EVENT OF

OR ARISING AFTER CITY

APPR OVAL OR DURING CON STRUC TION, THE

APPR OVAL

EN GIN EER SH ALL RESPON SIB LE

FO R DE EPI

LE SOLU TION
AN D RENSIN C THE PLANS FOR APPROVAL 8Y
TH E CIJY.
0 /Y
� VI�. /
qp' D 40' BO' 110'
L PREsCST 4' LD. LW4CREIE M44H ME W /CST IRON I.V HOLE COVER TO PER EAMD SID. DWG SB-5J ANO SB-6I
JO IN STAL[ 4' PV C SEWER HOU SE CONNECIttN4 PER EMWV sm. DWG SB-1Jl SO INSTALL LATERAL C(FAAWI/5 PER awe sm. DW G se-.P RITE O INSTALL A100IFlE0 PRECAST CONCRETE S. I. D. MANHOLE W/ PVC LMIER FROM �/YI 60TRW OF CHINNEL TO TOP OF ADJUSTING RING AND CST IRON MANHOLE `I BOOM
SCALE. i'-40'
COVE R PER NWD SID. DW G. SB-54 AND SB-61
40 0 40' BO' 120'
P LANS _
WORK CONTAINED WHNnor CO MME NCE U NIX /AN T E NCHESEROACHME NT CL

PERMIT AND/ OR A GRADING PERMIT HAS
BEEN ISSUED.

SCAL E =40I `
1 l
L, 1,‘\ I I -' F R'��
N-'`
ft.�V'
1, DIAL TOLL FREE
rr u 8-1-1
p NiC ONTRO L
AT LEAST 1140 DAYS

BEFORE YOU DIG
MxusAGROUND ssmACE usar oT sours sax SEA/ovwA
BASIS OF BEARINGS:

D ESCRIPTION:

THE BASIS OF COORDINATES FOR
THIS AfAo /S THE CALIFORN G STALE
PUNS COORDINATE SYSJEM, 1983,
ZONE s. BASED LOCALLY55ON
STATIO NS =RE SY AND
'R Ae&Y.

BEARING. . N 273852' E
BENCHMARK:

PROACTIVE ENGINEERINGu0W
„o055105xis west

gA
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CITY OF BEAUMONT, CALIFORNIA
SHEET
4 OF 6 SHED 'S
DESCRIPTION.' USGS M ONUMENT RESY
B ENGHAURIr DISN SEr IN rDP of
CONCRETE MONUM EN T STAM PED "R EST
1912' ON DESE RT LAW V DRIVE ACROSS

THE DRIVE FROM DESERT /ANN
CEMETER Y 252 FT. N.E. OF TH E DR/V£
CENTERLINE 24.9 FT. S.W . OF THE S. W.

E DGE OF THE SOUTH EASTBOUND LANG

Rav,eweE By:D 0
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Re commend ed ...... .9,-"' ''' Ova ..."
mmtl etl fo r Approval By

SE WER IMPROVEMENT PLANS
TRACT NO. 31462-26
COURT
COUPLES yam,
SR' 18+114]1 )0 S. 269]4 .11
/ :-z:',7„o
PROxP� Brz550 weE '
_
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OF INTERSTATE HIGHWAY 10
ELEV. 2491.44, NOVA 29
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ca
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PW2521-0713
000: sse
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car
x. m. Iz-nozz x14 "
0 00/2000
F°" ARGENT MANAGEMENT

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BASIS OF BEARINGS:

D ESCRIPTION:

THE EMSIS OF COORDINATES FOR
THIS MAP lS THE CALIF.Ars STATE
PLANE COOROAATE SYSTEM, 1963,
roes 6, RASE DsTADo LOCALLY ON
C ON/RO L STATXN 45 'RE SY A.

R A88/Y.

BEAR/NG: N 273952' E
BENCHMARK:

I
sucrnxr01/154 00//

CONSULTAN TS
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CTY OF BEAUMONT, CALIFORNIA
5 H E E T
5 of 6 SHF £l5
OESCRIPIION.' USGS M ONUMENT REST"
B ENCHM ARM DESK LEO IN TOP w

CONCRETE MONUM EN T STAM PED 'R EST
19]2' ON DESE RT LAWN DRIVE ACROSS

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CEMETER Y 15.3 FT. NE. OF TH E DRIVE
CENTERLINE E S T S.W . O THE S. W.

EDGE OR WE SOUTH EASTBOUND LANG

SE WER IMPROVEMENT PLANS
TRACT NO V 31462-26
6� wN e.:

Re cam ... /...-11"-.w° D ote Elts rzal2
mme ee To r Approval By

PRO RING WEE
_
AP.. 6y' DateA1(25RD21

FORD S/ /
AAIO4A9.OD TO STA 1 9+- 9.00
s orto

0.6 x
o
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ELEV.. 2491.44, NOVD 29
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Engineer ing Division
PW1011-0)13
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FOR ARGENT MANAGEMENT

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CONSTR UCTI ON N OT ES
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PROPOSER.

STOR M DRAIN PER
SEPARATE PLAN a
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PR IVATE ENGINEER SIGNING THESE

PLANS IS RESPON SIBLE FOR ASSURING RIE
ACCURACY AN D A5'5571 ' 51, OF THE
DESIGN HEREON. /N THE EVENT OF

DISCRE PAN CIES AR/SING AF TER CITY

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TH E CITY.

A DM

THESEWORK CONTAINED IR WIN
NO T CO MME NCE MI5 AN E NCRO ACHME NT
A CR40 PERMIT AND/ OR A GRADING PERMIT HAS
BEEN ISSUED.

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BASIS OF BEARINGS:

D ESCRIPTION:

THE BAS' /5 OF COORDINATES FOR
THIS MM lS THE CALIFORN G STA]£
PLANE CDORDINATE SYSTEM 1983,
zoNE s, ensm LocALLr ON
C ONTRO L SM.. "RE SY AND
'R A88/Y.

BEARING. . N 273952" E
BENCHMARK:

PROACTIVE ervGirve
CONSULTAN TS wesii
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Rav,eweE By: D atez1�
ae;��� zi

CITY OF BEAUMONT, CALIFORNIA
SHEET
6 of B SHED S
DESCRIPTION.' USGS M ONUMENT RESY
B ENcwAURlr Dlsrr sEr IN mP of
CONCRETE MONUM EN T STAM PED "R EST
19]2' ON DESE RT LAWN ORNE ACROSS
THE DRIvr FROM DESERT LAWN
CEMETER Y 153 FT. N.E. OF TH E OR/V£
CENI£RLINE 74.9 FT. S.W . OF THE S. W.

EDGE OF THE SOUTH EASTBOUND LANES

SE WER IMPROVEMENT PLANS
TRACT NO. 31462-26
o�
g,,,
Re commend ed .....,1,-....-° O pte.Elts rzaa
mmtl etl To r Approval By
�-zoo-ee.o "
PROA Cxrvc qEE
x

Approved 6y' DateA1(33'3p13
N u o o
FORD S ui tt!
STA19WB00 TO SlA ' TTaJ7.4J
01/T%TT
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Re%T L E
o xw
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OF /NI£RSTAI£ HIGHWAY 10
ELEV. 2491.44, NG//B 29
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DA
D, Public Wo rks De rtment
pa
Cif o/ Be Division
Engineer ing Division
PW1011-0713
1/0I /Ea
RE v SIO N S
Cm
nc e 4. Au sm. Izn-mzz eA IE
p s. . 000
'°n ARGENT MANAGEMENT

8EAUMONT
--- C A L l r a a N I A
----
City
of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.beaumontca.gov
Case No. PW2025-0210
Receipt No. R01648876
Fee $ 725.00
Date Paid 4/22/2025

BOND EXONERATION APPLICATION
[REPLACEMENT OF BOND - NOT EXONERATION]
Bond Type: NPerformance ❑Maintenance ❑Final Monument Inspection ❑other:

1. Contacts Name Jesse Mudd
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" I TR 3'/62-26 / Storm Drain Improvements New Bond #: 9473420

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

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

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

Print Name and Sign -- Contact/Applicant Date

8. eveloper/Contractor has completed all the following items prior to requesting release or has uded them in the application.
• Remo d replace concrete and AC as needed where lifting. • Provide AC k fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II sl • coat for all road surfaces.
• RestoreNerify pavemen ' • ing/markings.
• Restore/Verify blue dots and si a 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

RECORDING REQUESTED. BY:

CITY CLERK ..

WHEN RECORDED RETURN TO:.

City Clerk . .

City of Beaumont
550 E. 6th Street
Bait' 741 A: azz23

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL MAP NO. 31462-26
DATE OF AGREEMENT: April 15th, 2025
NAME OF SUBDIVIDER:DR. Horton Los Angeles Holding Company, na a California Corporation . (hereinafter referred to as "Subdivider").

NAME/NUMBER OF DEVELOPMENT:
77 residential
PA18A
subdivision consisting of
, originally approved on
lots,
and Tentative Tract/Parcel 31462 ("Tract/Parcel" or
"Tentative Tract/Parcel Map"; , originally approved on: September 8th, 2016

FINAL TRACT/PARCEL MAP
RECORDED ON 3/9/2023
1 31462-26 APPROVED ON
AS INSTRUMENT NUMBER 2023-0069122
("Final Tract Map/Final Parcel Map").

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

EST. TOTAL COST OF .. . . ,
PUBLIC IMPROVEMENTS.:. ,
$ 186,817.50
EST. TOTAL COST OF • . •
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 9473420 - PA 18A Storm Drain Improvements LETTER OF CREDIT NUMBERS:

FINANCIAL INSTITUTION:

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

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

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

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

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

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

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

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

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 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, freeand 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 comers on the lots and. streets in th.e .Property as specified on the finalrecorded tract maps for the Developmentin accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets. to City, within thirty (30) days after completion of .the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.

2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(1)186,817.50 and 00/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (11)186,817.50 and 00/100 DOLLARS ($XXX,XXX.XX) to
secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty 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 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 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 thepublic safety or welfare or to comply with applicable State or Federal law . or .City zoning. ordinances. If Subdivider requests and is granted an extension of time for 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 beconfined to the Property.

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

Following receipt of such request, the City Engineer shall inspect the Improvements, make. certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the . . .

Public Improvements requiring acceptance by another public agency have ..been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to. the City. that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or.. acceptance of the Public Improvements shall not constitute a waiver of an.y defects by City. .
(ii) For Improvements not requiring dedication to or acceptance by the.a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from 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 anitem on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the Improvements.

7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final completion and certificationof all Private Improvements and Public Improvements. Partial .releases 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 shallconstitute or be construed as the City's acceptance or certification of any Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done.
(b) The Labor &. Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described in Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have beenfiled 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 notcommence 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 beenpaid in full by Subdivider for such services; and
(ii) centerline tie sheets prepared in a manner acceptable to the City Engineer showing the locations of centerline monuments in existing public or private streets; and
(iii) any Record of Survey required by this Agreement has been filed with the County of Riverside and recorded. .
(e) The City may retain from any Improvement Securities released an amount sufficient. to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.

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

Subdivider shall replace or repair or cause the repair or replacement of any and 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 ofsuch owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public or private improvement.

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

O. 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 orin accordance with the repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such work
(c) Should the City determine that an emergency or a threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Subdivider can be notified, City may, in its sole

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

12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 13: Injury to Improvement Work; Risk of Loss. Until such time as the Public Improvements. are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Public Improvements. constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the. completion and acceptance of the Public Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times.

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

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

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

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 employeesin 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 strictnegligence. 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.

8. 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 oranyproposed 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 constructionof. all the Improvements required by this Agreement. The time for completion of. the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause.

Any such extension granted shall be subject to the limitations and conditions set forth in..

Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney.
(b) Any such.. extension. may be granted without notice to Subdivider's. surety and shall notaffect 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 timefor completion of the. Improvements shall be extended for any delay resulting from an act of City, or from.. an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and

which werenot caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Subdivider to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.

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

Notice to City:

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

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

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

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

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

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

In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In 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. ACommercial 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 Page .15 of 19

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'sinsurance 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 respectto the subject matter hereof: All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.

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

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

Southern District of California, Riverside, California.

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

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

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

Subdivider: City:

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

Signature: /
Print Name:

Vicki Gullion
Attachments: Exhibit A
Exhibit B
Exhibit C

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(.40 (.2.2c----
/
before me, Ashley Arryann Donovan Notary Public
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(,) whose name(y) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Ns/her/their authorized capacity(ie6), and that by-his/her/their signature(2) on the instrument the. person(,'), or the entity upon behalf of which the person(s) acted, executed the instrument. (insert name and title of the officer)
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
•

ASHLEY ARRYANN DONOVAN
COMM #2417574 3
NOTARY PUBLIC - CALIFORNIA n
/ RIVERSIDE COUNTY
_`.-"r=' My CDmml≤Sibn E pses SBptenlber 22, 2026
•
Signature Dvyc.ey�- (Seal)
No ary

Bond No. 9473420
EXHIBIT "A"

PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and • D.R. Horton Los Angeles Holding Company. Inc. (hereinafter designated as "Principal") have entered into.

Agreement To Provide Security ForImprovements For Augusta at the Fairways II TR 31462-26 dated , 20 • • ,whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. 31462-26, which .is hereby incorporated herein and made a part hereof; and •
WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal .. sum of one Hundred Eighty Six Thousand Eight Hundred Seventeen dollars ($ 186,817.50 ) lawful money.of the . and 50/10
United States, 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 andsave. • 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, .alterationOr . addition to the terms of the agreement or to the work to he performed thereunder or the specifications accompanying the same shall in any way affectits obligations on this bond, and it doeshereby waive notice of any such.• change, extension of time, alteration or addition .to the terms .of the agreement or to the work or to the. specifications. . . . . . . . . .
[signatures. on following page]
6

IN WITNESS WHEREOF. this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposi Company of Maryland
SURETY
By:

Apex -
Name: Noah Wiliam Pierce
Title: Attorney -In -Fact
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.

PRIN{'IPAL
By:

Name:

Title: As is-t-oo4 Se c et4
Address: 1299 ZURICH WAY, 10TH FLOOR By:

SCHAUMBURG, IL 60196 Name:

Title:

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

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC

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 3f(o/A.0A
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(%) whose name(%) is/we subscribed to the within instrument and acknowledged to me that 4e/she/they executed the same in 194s/her/their authorized capacity(ies), and that by Iiss/her/their signature(s) on the instrument the person(%), or the entity upon behalf of which the person(%) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature 041-1-4-4,
Notthiv Pub

ASHLEY ARRYANN DONOVAN
COMM #2417574

NOTARY PUBLIC - CALIFORNIA

RNERSICE COUNTY -'
My Commtuon Erpnes September 22, 2026
'rz- (Seal)
wirmammil

STATE OF NORTH CAROLINA
COUNTY OF ROWAN:

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

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

•
POA-F 177-00358
• • ZURICH AMERICAN INSURANCE COMPANY
• COLONIAL AMERICAN CASUALTY AND SURETY COMPAN '

F'HI)FLITY'AND DEPOSIT COMPANY OF MARYLAND
• . •. POWER OF ATTORNEY .

KNOW ALL MEN BY THESE PRESENTS: That the ZUEJCFI AMERICAN INSURANCE COMPANY,. a corporation of the ;State Of New York the COLONIAL AMERICAN C ASIINL"i'Y. AND SURETY COMPANY, a corporation of the State of Illinois, and the .FIDELITY...

AND DEPOSIT .COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies") by ROBERT I). MURRAY,. Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Cempaii es, • • which ere set forth on the reverse side hereof and are hereby certified to be in fell force and effect on the date hereof, do hereby votttinate, • constitute, and appoint •Johri f. THOMAS, 3yaell•Marie WHITEHEAD; Jennifer 8, ('.:U1.I.,FTT Catherine THOMPSON, An» R.

WAUGH, Noah William PIERCE and Andrew M. BENNETT, all of Charlotte, North Carolina, EACH its true and l,twful..agent and Attorneyitt-Fuet, to.make: execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and. undertakings, and the execution of such bonds Or undertakings in pursuance of these presents, shall be as binding upon said Coal.paines, as fully and amply, .to all intents and purposes;'as iifthey bad been duly executed and acknowledged by the regularly elected officcrs.of the • ZURICH AMERICAN INSURANCE COMPANY at iLs orrice in New York, New York_, the regularly elected officers of the COLONIAL.

AMERICAN CASUALTY AND SURETY COMPANY at its office in.O.wings Mills, Maryland:, and the regularly elected officers.of the FIDELITY AND DEPOSIT COMPANY OP N'LIRYLAND at its offer: 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 trite copy of Article V, Section 8, of the ey-Lases of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice -President has' hereunto subscribed his/her earner and affixed the Corporate Seals o(th said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of August. A.U. 2019. ' ATTEST: •
Assistant Seturetaty
Dawn 1;, Brawn ' .
•
State of Maryland
County of Baltimore
tiff this lbiit.dity of August, A.17.26it1, before the' subscriber, a'Notary PubIic•of the State o€ Maryleed, duly commissioned and qualified. ROBERT D.' • • 'MURRAY, Vice Pre -sides, and DAWN E. BROW', Assistunt•Secretary, or the Companies, to me personally k:nowii fo be the individuals and officers . . descrs din and xrlto executed the preceding instrument, and acknowiedeed ate execution of saran, and beiita by rite duty sworn, deposceh-and saith, that . .he/she is• the: said officer. of the Company aforesait .aitd that the seats Axed to the preceding insttuineid an: the Corporate Scats of said Cotnptuues, and that the said Clxporate. Seals. and the cignatore aS such otl"rcer were deity affixed and subscribed to the said instrument by the authority aid direction ante said t.orporatiorte. • .. •
ZURICH AN[EItIC XtN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FII)ELfl Y AND DEPOSIT COMPANY OF MARYLAND
Vice President...

R )here D. Murray
•
•
IN T STI,yMONY WHEREOF., I have hereunto set nw hand and aflb ed my Official Seal the day and year: first above tritteu. ..=r ,: •
Constance A: Dunn, Notary i'ubti.r.

My Contruissitin Expires: July 9, 2023

EXTRACT FROM EIY-LAWS OF THE COMPANIES
"Article V, Section tl, Attorneys -in -Fact. .The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written inau'urnent under the attested. corporate seal, appoint attorneys -in -fact with authority to execute bends, policies,- • • recognizances, stipulations, undertakings,. Pr other like instruments on behalf of the Company, and n?ay authorize any officer or any such . attorney -in -fact to tjff x the corporate seal thereto; and may' with or without cause modify ofrcvoke any such appointment or authority al any

CERTIFICATE
.I, the undersigned, Vice President of the ZURICH. AMERICAN INSURANCE COMPANY. the COLONIAL AMERICAN CASIYA1.. f!' AN.l3 SURETY CON1PANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the•• foregoing Pewee of Artorney is•Stiil in full•force and.effect on the date of this certificate; and l do further certify that Article V, Section 8, of • • the lay -Laws of the Companies is still in force. • .

This •Power of Attorney and Certificate may.be signed by facsimile under rind by authority of the following resolution ofthe Board of Directors of the V.TRICH.A:'vfERlCAN LNSURANCE COMPANY at a meeting duly called and held on the 15th day of Decrrnbe.r 1998.

RESOLVED: "That the signature ofthe President or a Vice Presideni 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 auy certill'eate thereof bearing svch facsimile signature and seal shalt be valid and binding on the Company." . .

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution af.the.Raard of • Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duty called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY ANI) DEPOSIT COMPANY OF MARYLAND at a• meeting duly called and held on the l 0tt► 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, whither made heretofore or hereafter, wherever appearing upon a certified copy of'any' power of attorney issued L'y the Company, shall be valid and binding upon the Company with the. same force. and effect • as though manually affixed. .

IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the sand Companies, . this 4th_ day of March , 2025
Brian M. dodges, Vice President
TO REPORT A CLAIM W1TH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INEOIEtMATION TO:

Zurich American Insurances Co.

Attn:Surety Claims •
•
I299 Zurich Way • .. . .

Schaumburg, I1, 60196-1056
•

Bond No. 9473420 •
EXHIBIT "B"

PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California,. and .

D.R. Horton Los Angeles Holding Company, Inc. (hereafter designated as "the Principal") have entered.into Agreement To Provide Security For Improvements For Augusta at the Fairways II TR 31462-26. • dated ,-20.. whereby Principal agrees to install and complete certain designated. public improvements which is hereby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the perfoiinance 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 fit lily bound .• unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons' employed in the perfoiinance of the said agreement and referred to at Title 3 (commencing withSection• • 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. . * One Hundred Eighty Six Thousand Eight Hundred Seventeen and 50/100 ** $186,817.50 . .

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

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.• . . . . . " The Surety hereby stipulates' and agrees that no change, extension of time, alteration, or addition to thetennis 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] .

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposit Company of Maryland
SURETY
By:

Name: Noah William Pierce
Title: Attorney -In -Fact
(Seal)
D.R. Horton Los Angeles Holding Company, Inc

PRINCIPAL
By:

Name: V i C.IV > f ii or;
Title: ASS C5+0r\4- cetvetirl
Address: 1299 ZURICH WAY, 10TH FLOOR By:

SCHAUMBURG, IL 60196
Name:

Title:

Address: 960 Montecito Drive, Suite 300
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 3.1 b, o LS
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(s whose name($ is/afe subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in -kris/her/heir authorized capacity(ies), and that by 14s/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.

ASHLEY ARRYANN DONOVAN
COMM #2417514

UBUC - CALIFORNIA
R = '� NOTARY PRIVERSIDE COUNTY
Commisson EgVss Se>»emhet 22, 2026'
V4�
Signature / ,z.k- -1 (Seal)
Notary Public

STATE OF North Carnlina
COUNTY OF Rowan to wit
I, Bryan M Caneschi, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing instrument this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.

Li/
Given under my hand this "1 day of ,v4, 2025.

Notary Seal
ry Public
My commission expires on the 4th day of April, 2027.

. ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AN.D SURETY COMPANY
• •• • FIDELITY AND DEPOSIT COMPANY OF MARYLAND
•. POWER OE ATTORNEY
. KNOW ALL MEN BY THESE- PRESENTS: That. the ZL IUCH AMERICAN INSURANCE COMPANY, a corporation of the State 'of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the € IDELITY .. AND.DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Coropanies'),'by ROBERT A. MURRAY, Niue President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which •are set €urtlr un the •reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby- nominate, constitute, and appoint John I. 3'EIDPrTAS; Jynell Mare WHITEHEAD, Jennifer B. GULL:ETT, Catherine THOSIPSON, Atuy WAUGH, .Noah 1t Miatn PIERCE and Andrew M. BENNETT. all of Charlotte, North Carolina, EACH its true and lawful agent and .

Attomcy-in-Fact, to make, execute, seat and. deliver, for, turd on its behalf as surety, and as its act and deed: any and all bonds and . • undertakings; and the execution cf such .bonds dr undertakings in pursuance of these presents, shall be as binding upon said Corr -:patties, as fully and. amply, to•a}I intents •and purposes, as if.they head been duly executed srdt acknowledged by the regularly elected officers of the.

ZURICH AMERICAN IN.SUR•ANCE.COMPANY ar its office in. New York, New York., the regularly elected officers of the COLONIAL • • AMERICAN CASUALTY ANI) SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected•officers ofthe I'IDELIT'Y AND:DEPOSIT POSiT t:C)M1 Alti Y OF MARYLAND at its o1Th a in Owings Mills, Maryland., in their awn 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;.Seclion 8, of • the By -Laws of said Companies, and is new in force. •
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and a$i cd the Corporate Seals of the said ZURICH AN/ERIC-AN INSURANCE CO_'YIPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and •• .

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of August, A.D. 2019, ATTEST:

ZUR€CII AMERICAN INSURA,tiCE.COMPAt47t' .

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF d1ARYLArD•
ITA 1944 V •
78'x,
Assisranl & eretorf' '
Rahn E. Brown
State of Maryland
County Of Baltimore .•
• ()rj Cbis l6th day of•Atigusi, A.D.2019, before the'subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified; ROBERT.U:

Bice 3'resicdefu
Robert D. Alurrur
•• MURRAY..Vice President, and DAWN E..BROWN, Assistant Secretary, of the Companies, to mepersonal!),known to be the individuals and otlicera described in and w•ho executed the ptecedinK insiruruent, and aeknowfedgext• the execution of same, and being by m duly sworn,. deposcth and• pith, that • heshe is the said officer of the Company aforesaid, and that the seals affixed to the proceding instrument are the .Corporate Seals of said Companies, and that . • the said Corporate Seas and•the signature as'sdcb offuier were.duty affixed and subscribed to the said irrstnunent by the authority and direction of the said Corpurstiorlg.. • .
• • 1N •TES'I'1MUNY •WHEREOF, I have hereunto set my hand and affixed my Of iciai Seal the day and year"tttrst above written. ,,i,lll,ll.y
POA-F 177-0035B
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ConstanceA. Dunn, Notary Public
My Ccur missiot: Expires: July 9. 2U23
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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in»Fact. The Chief Executive Officer, the President, or any Executive Vine President or Vice President may, by written instrument' under .the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policic5, recogniizances, sti}utations, undertakings; or other litre instruments on hehaJf 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 tnodify of revoke airy such appoinunent or altthority at.any . ..

CERTIFICATE
. 1; the . undersigned, Vide •President 'of •the ZURIC:FI AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN .

CASUALTY .AND..SURh"TY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby .certify that the . foregoing Power of .Attorney is still in full force fad effect on the date of thus certificate; and I do farther certify that Article V; Section $, of •• the Tay -Laws of the Companies is still in force, •.

This Power of Attorney and Certificate inay be signed by .facsimile udder and by authority of the following resolution attic Board. of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a rneetrn duly called and held on the 15th day of December 1996:

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 tit' Attorncy...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 rasolution.of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on•the.5th day of • M€ay, 1994, and the following resolution of the Board of Directors of the .FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a. meeting duty called and held on the 10th day of May, 1990.

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

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

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMJT ALL REQUIRED INFORMATION. TO: .
• Zurich American sinsurartoe. Co.

Attu' Surety Claims .
• • .1299 Zurich .Way. •
Schabrnburg, IL 60146-I056 .

RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

City Cleric
City of Beaumont
550 E 6th Street
Beaumont, CA 92223

SPACE ABOVE THIS LINE FOR RECORDER'S USE

CITY OF BEAUMONT

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

NAME/NUMBER OF DEVELOPMENT:
77 residential
PA 1.8 A 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: .
$ $186,817.50
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
$
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
30152511 - PA 18 A Storm Drain Improvements
BOND NUMBERS: .... ..

LETTER OF CREDIT NUMBERS:

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

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

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

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

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

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

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

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

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

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

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

2. improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement. Securities" and individually as "Improvement Security") to guarantee the. construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit"A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
(i) $186,817.50 and 00/100 DOLLARS ($XXX,XXX.XX) to
ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) $186,817.50 and 00/100 DOLLARS ($)X(,XXX.XX)
to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed orinstalled pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement. Securities filed with this Agreement.
(iv) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerlinetiesnot previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any. related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act.
(b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of