terminate upon the earlier of (i) ten (10) years following the issuance of building permits for all dwelling units expected to be built within the District or (ii) the funding of all Facilities pursuant to this Acquisition Agreement.
Section 7.2 City Election to Terminate for Cause. The following events shall constitute grounds for the City, at its option and in its sole discretion, to terminate this Acquisition Agreement, without the consent of the Owner:
(a) The Owner shall voluntarily file for reorganization or other relief under any Federal or State bankruptcy or insolvency law.
(b) The Owner shall have any involuntary bankruptcy or insolvency action filed against it, or shall suffer a trustee in bankruptcy or insolvency or receiver to take possession of the assets of Owner, or shall suffer an attachment or levy of execution to be made against the property it owns within the District unless, in any of such cases, such circumstance shall have been terminated or released within ninety (90) days thereafter.
(c) The Owner shall abandon construction of the Facilities. Failure for a period of six consecutive months to undertake substantial work related to the construction of Facilities that are required to be constructed at that time pursuant to the Conditions of Approval, other than for a reason specified in Section 7.3 hereof, shall constitute a non -inclusive example of such abandonment. (d) The Owner shall breach any material covenant or default in the performance of any material obligation hereunder.
(e) The Owner shall transfer any of its rights or obligations under this Acquisition Agreement without the prior written consent of the City or as otherwise permitted hereunder.
(f) The Owner shall have made any material misrepresentation or omission of any written materials furnished in connection with any preliminary official statement, official statement or bond purchase contract used in connection with the sale of any series of the Bonds.
If any such event occurs, the City shall give written notice of its knowledge thereof to the Owner, and the Owner agrees to meet and confer with the Director and other appropriate City staff and consultants as to options available to assure timely completion of the Facilities. Such options may include, but not be limited to the termination of this Acquisition Agreement by the City. If the City elects to terminate this Acquisition Agreement, the City shall first notify the Owner (and any mortgagee or trust deed beneficiary specified in writing by the Owner to the City to receive such notice) of the grounds for such termination and allow the Owner a reasonable period (minimum of thirty (30) days) to eliminate or mitigate to the satisfaction of the Director the grounds for such termination. Such period may be extended, at the sole discretion of the City, if the Owner, to the satisfaction of the City, is proceeding with diligence to eliminate or mitigate such grounds for termination. If at the end of such period (and any extension thereof, as determined solely by the City), the Owner has not eliminated or completely mitigated such grounds, to the satisfaction of the City, the City may then terminate this Acquisition Agreement.
Notwithstanding the foregoing, so long as any event listed in any of clauses (a) through and including (f) above has occurred, notice of which has been given by the City to the Owner, and such 15 4892-6939-1454v2/022599-0032
event has not been cured or otherwise eliminated by the Owner, the City may in its sole discretion cease making payments for the Purchase Price of Facilities or Discrete Components under Article III hereof.
Section 7.3 Force Majeure. Whenever performance is required of a party hereunder, that party shall use all due diligence and take all necessary measures in good faith to perform, but if completion of performance is delayed by reasons of floods, earthquakes, inclement weather or other acts of God, war, civil commotion, riots, strikes, acts of terrorism, pandemic, picketing, other labor disputes, damage to work in progress by casualty, government shutdowns, moratoria or other restrictive laws or regulations, or the acts, omissions or breach of agreement by the other party to this Acquisition Agreement or its agents, contractors or subcontractors, or by other cause beyond the reasonable control of the party (financial inability excepted), then the specified time for performance shall be extended by the amount of the delay actually so caused.
ARTICLE VIII
MISCELLANEOUS
Section 8.1 Limited Liability of City. The Owner agrees that any and all obligations of the City arising out of or related to this Acquisition Agreement are special and limited obligations of the District and City and the City's obligations to make any payments hereunder are restricted entirely to the moneys, if any, in the Improvement Fund and from no other source. No member of the City Council, or City staff member, employee or agent shall incur any liability hereunder to the Owner or any other party in their individual capacities by reason of their actions hereunder or execution hereof.
Section 8.2 Excess Costs. Subject to the limitations of this Acquisition Agreement, the Owner agrees to pay all costs of the Facilities that it is obligated to construct in excess of the monies available therefor in the Improvement Fund.
Section 8.3 Review of Records. The Director and/or the Finance Manager or other finance officer of the City shall have the right, during normal business hours and upon the giving of two (2) business days prior written notice to the Owner, to review all books and records of the Owner pertaining to the Actual Cost incurred by the Owner in or to any of the Facilities, and any bids taken or received for the construction thereof or materials therefor. Owner shall have the right, during normal business hours and upon the giving of two (2) business days prior written notice to the Finance Manager, to review all books and records of the City and District pertaining to the Special Taxes and Bonds.
Section 8.4 Attorney's Fees. In the event that any action or suit is instituted by either party against the other arising out of this Acquisition Agreement, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys' fees.
Section 8.5 Notices. Any notice, payment or instrument required or permitted by this Acquisition Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or transmitted by telecopy or facsimile transmission (which shall be immediately confirmed by telephone and shall be followed by overnight delivery an original of the same within twenty-four hours after such transmission), addressed as follows:
16 4892-6939-1454x2/022599-0032
City and District:
With a copy to:
Owner:
With a copy to:
and a copy to:
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
Attention: City Manager, City Clerk
John Pinkney
Slovak Baron Empey Murphy & Pinkney, LLP
1800 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Meritage Homes of California, Inc.
5 Peters Canyon Road, Suite 310
Irvine, CA 92606
Attention: Efrem Joelson, Forward Planning Manager
David Hendryx Consulting
3407 S Main Street, Unit A
Santa Ana, CA 92707
Attention: David Hendryx
John Yeager
O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, CA 92612
Each party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other party.
Section 8.6 Severability. If any part of this Acquisition Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Acquisition Agreement shall be given effect to the fullest extent possible.
Section 8.7 Successors and Assigns. This Acquisition Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Acquisition Agreement shall not be assigned by the Owner, except in whole to an Affiliate, or to any other entity of which the Owner and/or its members or partners will be managing members or general partners which assume a]1 of the Owner's obligations hereunder (which transfer is expressly authorized hereunder, upon prior written notice to the City without further act of the City), without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. In connection with any required consent of the City, the City may condition its consent upon the acceptability of the financial condition of the proposed assignee, the assignee's express assumption of all obligations of the Owner hereunder, and/or upon any other factor which the City deems relevant in the circumstances. In any event, any such assignment shall be in writing, shall clearly identify the scope of the rights and/or obligations assigned, and shall not be effective until approved by the City. Without the City's written consent (except in whole to an Affiliate, or to any other entity of which the Owner and/or its members or partners will be managing members or general partners which assume all of the Owner's obligations hereunder), no assignment shall release the Owner from its obligations and liabilities under this Acquisition Agreement. 4892-6939-I454v2/022599-0032
17
Section 8.8 Other Agreements. The obligations of the Owner hereunder shall be those of a party hereto and not as an owner of property in the District. Nothing herein shall be construed as affecting the City's or the Owner's rights, or duties to perform their respective obligations, under other agreements, if any, use regulations or subdivision requirements relating to the development of the lands in the District. This Acquisition Agreement shall not confer any additional rights, or waive any rights given, by either party hereto under any development or other agreement to which they are a party.
Section 8.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Acquisition Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Acquisition Agreement thereafter.
Section 8.10 Merger. No other agreement, statement or promise made by any party or any employee, officer or agent of any party with respect to any matters covered hereby that is not in writing and signed by all the parties to this Acquisition Agreement shall be binding.
Section 8.11 Parties in Interest. Nothing in this Acquisition Agreement, expressed or implied, is intended to or shall be construed to confer upon or to give to any person or entity other than the City, the District and the Owner any rights, remedies or claims under or by reason of this Acquisition Agreement or any covenants, conditions or stipulations hereof; and all covenants, conditions, promises, and agreements in this Acquisition Agreement contained by or on behalf of the City, the District or the Owner shall be for the sole and exclusive benefit of the City, the District and the Owner.
Section 8.12 Amendment. This Acquisition Agreement may be amended, from time to time, by written Supplement hereto and executed by the City, the District and the Owner; provided, further, that Exhibit A may be modified to add additional authorized facilities or make adjustments to the existing Facilities only with the written approval of the Director and the Owner.
Section 8.13 Counterparts. This Acquisition Agreement may be executed in counterparts, each of which shall be deemed an original.
Section 8.14 Termination. This Acquisition Agreement shall terminate and be of no further force as provided in Section 7.1, unless extended by agreement of all the parties. If the Acquisition Agreement is terminated as provided herein, none of the City, the District or the Owner shall have any further responsibility or liability pursuant to this Acquisition Agreement. Upon the termination of this Agreement, the City shall direct the use of any remaining Bond or Special Tax proceeds to complete any remaining authorized facilities, redeem Bonds or use in any way permitted by the Act.
[Signature Page Follows]
18 4892-6939-1454v2/022599-0032
IN WITNESS WHEREOF, the parties have executed this Acquisition Agreement as of the day and year first -above written.
CITY OF BEAUMONT
ATTESTED :
ATTESTED:
4892-6939-1454v2/022599-0032
By:
CITY OF BEAUMONT COMMUNITY FACILITIES
DISTRICT NO. 2023-1 (FAIRWAY CANYON)
p.
By:
City Man r of the City of Beaumont
[SIGNATURES CONTINUED ON NEXT PAGE]
S-1
[SIGNATURE PAGE CONTINUED]
MERITAGE HOMES OF CALIFORNIA, INC.,
a California corporation
4892-6939-1454v2/022599-0032
By:
Authorized Signatory
S-2
ACQUISITION AGREEMENT
(CFD NO. 2023-1)
EXHIBIT A
DESCRIPTION OF FACILITIES AND DISCRETE COMPONENTS ELIGIBLE FOR
ACQUISITION FROM THE OWNER
Faciilityt' 2'3
Estimated Cost
Sorenstam Road Im 3rovement
$ 2„706,083.00
PA 21B Park Improvements _
4,999,342.00
TOTAL:
5 7.705E42s.t)0
The description of the above Facilities shall also include any appurtenant cost required for completion of such Facility including, but not limited to, grading, wet utility improvements, paving, dry utilities, performance bonds, design, planning, and engineering costs, etc.
2 Unless agreed to otherwise by the Owner and the City, dry utility cost reimbursements shall not exceed 5% of the proceeds of any series of Bonds.
3 The estimated costs of these Facilities represents the current estimates at the time of this Acquisition Agreement. The amount for any Facility may increase to include other costs subsequently submitted by Owner and approved by the City.
A-1
4892-6939-1454v2/022599-0032
ACQUISITION AGREEMENT
EXHIBIT B
FORM OF PAYMENT REQUEST (FACILITIES)
PAYMENT REQUEST NO.
The undersigned (the "Owner"), hereby requests payment to the Payees listed on Attachment 2 in the total amount of $ for the Facilities (as defined in the Acquisition Agreement, dated as of May 1, 2023 by and among the City of Beaumont (the "City"), the City of Beaumont Community Facilities District No. 2023-1 (Fairway Canyon) and the Owner), or Discrete Components thereof (as described in Exhibit A to that Acquisition Agreement), all as more fully described in Attachment ] hereto. In connection with this Payment Request, the undersigned hereby represents and warrants to the City as follows:
1. He (she) is a duly authorized officer of the Owner, qualified to execute this Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set forth herein.
2. All costs of the Facilities or Discrete Components thereof for which payment is requested hereby are Actual Costs (as defined in the Acquisition Agreement referenced above) and have not been inflated or misrepresented in any respect. The amount of the payment requested has not been previously paid by the City.
3. Supporting documentation (such as third party invoices) is attached with respect to each cost for which payment is requested.
4. There has been full compliance with applicable laws relating to prevailing wages for the work to construct the Facilities or Discrete Components thereof for which payment is requested.
5. The Facilities or Discrete Components thereof for which payment is requested were constructed in accordance with all applicable City or other governmental standards, and in accordance with Plans approved by the City.
6. The Owner is in compliance with the terms and provisions of the Acquisition Agreement.
7. The Purchase Price for each Facility or Discrete Component (a detailed calculation of which is shown in Attachment 2 hereto for each such Facility or Discrete Component), has been calculated in confonnance with the terms of the Acquisition Agreement.
B-1
4892-6939-1454v2/022599-0032
I hereby declare under penalty of perjury that the above representations and warranties are true and correct.
Dated:
OWNER:
MERITAGE HOMES OF CALIFORNIA, INC.,
a California corporation
By:
Name:
Title:
Dated: CITY:
4892-6939- I 454v2/022599-0032
Payment Request Approved for Submission to
Finance Manager
By:
Director of Public Works
B-2
ACQUISITION AGREEMENT
ATTACHMENT 1
EXHIBIT B
[List here all Facilities or Discrete Components thereafter which payment is requested, and attach support documentation.]
B-3
4892-6939-1454x2/022599-0032
ACQUISITION AGREEMENT
ATTACHMENT 2
EXHIBIT B
CALCULATION OF PURCHASE PRICE
[Use a separate sheet for each Facility or Discrete Component for which payment is being requested]
1. Description (by reference to Exhibit A to the Acquisition Agreement) $ of the Facility or Discrete Component
2. Actual Cost (list here total of supporting invoices and/or other $ documentation supporting determination of Actual Cost):
3. Subtractions from Purchase Price:
$
A. Holdback for Lien releases (if any, see Section 3.4 of the $ Acquisition Agreement)
B. Retention (if any, see Section 3.4 of the Acquisition $ Agreement)
4. Total disbursement requested (Amount listed in 2, less amounts, if any, $ listed in 3)
Payment shall be directed to following payee(s):
4892-6939-1454v2/022599-0032
B-4
I hereby declare under penalty of perjury that the above representations and warranties are true and correct.
OWNER:
Dated: By:
Name:
Title:
By:
Name:
Title:
CITY:
Payment Request Approved for Submission to
Finance Manager
Dated: _ By:
Director of Public Works
B-5
4892-6939-1454v2/022599-0032
ACQUISITION AGREEMENT
EXHIBIT C
CITY CFD POLICIES
C-1
4892-6939-1454v2/022599-0032
RESOLUTION NO. 1995- 23
A RESOLUTION OF THE CITY OF BEAUMONT DECLARING
ITS INTENTION TO ADOPT LOCAL PUBLIC AGENCY GOALS AND
POLICIES FOR COMMUNITY FACILITIES DISTRICTS.
WHEREAS, the City Council (the "City Council") of the City of Beaumont (the "City") has established Community Facilities District No. 93-1 under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Govemment Code of the State of California; and
WHEREAS, the Act now provides that any public agency initiating proceedings to establish a Community Facilities District first consider and adopt local goals and policies; and
WHEREAS, the City Council has determined to consider and adopt local goals and policies at this time;
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF BEAUMONT AS FOLLOWS:
Section 1. All of the above recitals are true and correct.
Section 2. The City Council has considered the City of Beaumont Goals and Policies for Community Facilities Districts attached hereto as Exhibit A (the "Goals and Policies") and such Goals and Policies are hereby adopted. The Goals and Polices include the following:
A. A statement of the priority that various kinds of public facilities have for financing through the use of the Act, including public facilities to be owned and operated by other public agencies, including school districts; ts. A statement concerning the credit quality to be required of bond issues, including criteria to be used in evaluating the credit quality; C. A statement concerning steps to be taken to ensure that prospective property purchasers are fully informed about their taxpaying obligations imposed under the Act;
D A statement concerning criteria for evaluating the equity of tax allocation formulas, and concerning desirable and maximum amounts of special tax to BMTANNR 1 951LT
be levied against any parcel pursuant to the Act; and
E. A statement of definitions, standards, and assumptions to be used in appraisals required by Section 53345.8 of the Act.
Section 3. The officers of the City and their authorized representatives, are, and each of them acting alone is, hereby authorized to execute any and all documents and agreements and do and perform any and all acts and things, from time to time, consistent with this Resolution and necessary or appropriate to carry the same into effect and to carry out its purpose.
Section 4. This Resolution shall take effect immediately upon its adoption.
MOVED, PASSED AND ADOPTED this 8th day of Play
1995 by the following vote:
AYES:
Mayor Pro Tem Parrott, Councilmembers Berg, Brey and
Russo.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
ATTEST:
MAYOR OF THE CITY OF BEAUMONT
2 BMTANNR] 95/LT
CERTIFICATION
The foregoing is certified to be a true copy of Resolution No. 1995- 23 duly adopted by the said City Council of the City of Beaumont on the date herein set forth.
CITY CLERK, CITY OF BEAUMONT
(SEAL)
BMTANNR1.95/LT
CITY OF BEAUMONT GOALS
AND POLICIES FOR
COMMUNITY FACILITIES DISTRICTS
EMfDESTI 3DOGLT/068
Table of Contents
CITY OF BEAUMONT
LOCAL PUBLIC AGENCY GOALS AND POLICIES
FOR COMMUNITY FACILITIES DISTRICTS
Section_ - Page
1. Introduction . . . . . . 1
II. Priorities for CFD Financing 2
III. Credit Quality Requirements for CFD Bond Issues 3
IV. Disclosure Requirements for Prospective Property Purchasers 4 V. Equity of Special Tax Formulas and Maximum Special Taxes 5 VI. Appraisal Standards 6
VII. Priority Attendance Access Policies 8
VIII. Other Matters 8
Exhibit 1 - Notice of Special Tax for Newly Developed Property 1-1 Exhibit 2 - Notice of Special Tax for Resale Property . . . . . . . . 2-1 BMPDEBTI 3DOdLT/0G8
CITY OF BEAUMONT GOALS AND
POLICIES FOR COMMUNITY FACILITIES DISTRICTS
L INTRODUCTION
As of January 1, 1994, the Mello -Roos Community Facilities Act requires any public agency initiating proceedings to establish a Community Facilities District (CFD) to first consider and adopt local goals and policies related to CFDs. At a minimum, these goals and policies must include the following:
1. A statement of the priority that various kinds of public facilities will have for financing through a CFD. Public facilities to be owned and operated by public agencies other than the City must also be included in the statement of priorities.
2. A statement concerning the credit quality which is to be required of CFD bond issues.
This statement must include criteria for evaluating credit quality.
3. A statement concerning the steps to be taken to ensure that prospective property purchasers are fully informed about the special taxes imposed on property within any CFD.
4. A statement concerning the criteria to be used for evaluating the equity of tax allocation formulas (i.e., special taxes allocated to different land use categories). This statement must include the desirable and maximum special tax levels to be levied against any CFD properties.
5. A statement establishing the criteria for preparing appraisals, including definitions, standards, and assumptions to be used in appraisals.
The following are the local goals and policies adopted by the City of Beaumont.
CA. of Beaumont
1 BMTDEBI3.DOC/LT/060
II. PRIORITIES FOR CFD FINANCING
Priority for CFD financing shall be given to public facilities which: (a) provide benefits of a regional nature, thereby serving not only the future residents of the CFD, but also the communities outside of the CFD, or (b) are found by the City to provide "significant public benefit." Once adequate provision has been made for facilities of a regional nature or those providing significant public benefit, the City may also choose to finance public improvements which primarily benefit residents within the CFD, or which provide less significant public benefit.
The City has entered into cooperative agreements with the San Gorgonio Pass Water Agency, the Beaumont -Cherry Valley Water District and the Beaumont Unified School District. The provisions of these agreements shall be reviewed in connection with any CFD financing.
Determination of the facilities of a regional nature and those that provide a significant public benefit shall include public facilities needed or required by other public agencies to serve a project included within a CFD. If appropriate, the City shall prepare a public facilities financing plan as a part of the specific plan or other land use document that identifies the public facilities of each public agency required to serve a project, and the type of financing to be utilized for each facility.
The improvements eligible to be financed by a CFD must be owned and operated by a public agency, and must have a useful life which is greater than the term of the bond issue, except that up to five percent of the proceeds of an issue may be owned and operated by a privately -owned public utility. The development proposed within a CFD must be consistent with the general plan and must have already received legislative approvals such as zoning or specific plan approvals.
The construction of improvements pursuant to a CFD shall not vest any rights to future entitlements on any properties, including those which are responsible for paying special taxes.
The list of eligible public facilities include, but are not limited to, the following:
• Streets
• Sewer mains
• Storm drains
• Water transmission mains
• Water, sewer or drainage pumping
plants
• Street lighting
• Traffic signals and safety lighting
• Grading necessary to accommodate
infrastructure, including retaining
walls, drainage facilities and
stabilization of land
• Parks and recreational facilities
City of Beaumont
• Elementary and secondary school
sites and facilities
• Libraries
• Child care facilities
• Public utilities, including flood and
storm drainage improvements
• Cultural facilities
• Police and fire protection facilities
• Government facilities
• Landscaping
2 BTT DEBT3.DOCJLTro6o
The funding of public facilities to be owned and operated by public agencies other than the City shall be considered on a case -by -case basis. If the proposed financing is consistent with a public facilities financing plan approved by the City, or the proposed facilities are otherwise deemed to be appropriate for financing by a CFD and are consistent with approved land use plans for the property, the City shall consider entering into a joint financing agreement or joint powers authority in order to finance these facilities.
III. CREDIT QUALITY REQUIREMENTS FOR CFD BOND ISSUES
In order to minimize the likelihood of a CFD defaulting on its payment to bond holders, all CFD bond issues shall require at least a three to one property value to public lien ratio. Property value may be based on either an appraisal or on assessed values as indicated on the county assessor's tax roll. The appraiser shall be selected by the City, and the appraisal shall be based on criteria as described below under Section V of these goals and policies. The appraisal must be dated within six months of the date the bonds are issued. The public lien amount shall be based on the size of the bond issue currently being sold, plus any public indebtedness currently existing against the properties to be assessed. Although it is not required that the value to lien ratio be three to one on a parcel by parcel basis, consideration must be given to this ratio when apportioning special taxes to different parcels, to assure that CFD property owners will accept their responsibilities for paying the special taxes of each parcel.
A reserve fund equal to the lesser of (i) ten percent of the original proceeds of the bond issue, (ii) the maximum annual debt service on all outstanding bonds, or (iii) 125 percent of the average annual debt service on all outstanding bonds shall be required for all bond issues in CFDs where less than 95 percent of the buildable acreage has been developed. A smaller reserve fund may be required by the City for bond issues in CFDs where over 95 percent of the buildable acreage has been developed.
Property tax delinquency rates on parcels included in a CFD must be no greater than ten percent on the date on which bonds are issued for that CFD. Each bond issue may require a current (dated within six months) CFD absorption study prepared by a consultant hired by the City, if the City determines that such objective data is necessary to analyze the feasibility of the project. An inadequate property value to public lien ratio, tax delinquencies in excess of ten percent, or projects of questionable economic viability may cause the City to disallow the sale of bond issues or require additional credit enhancement prior to bond sale.
The City may consider exceptions to the above policies for bond issues that do not represent an unusual credit risk, either due to credit enhancement or other reasons specified by the City.
Furthermore, the City will consider exceptions to these policies for projects which meet the public policy goals relating to affordable housing and creation of employment opportunities or tax revenues.
Bond issues which have less than a three to one value to lien ratio but are approved by the City for public policy reasons must be approved by four -fifths of the members of the City's legislative body.
City of Beaumont
BMTDEST3.DOC/LTIO60
IV. DISCLOSURE REQUIREMENTS FOR PROSPECTIVE PROPERTY PURCHASERS
DISCLOSURE REQUIREMENTS FOR BUILDERS AND DEVELOPERS
Builders who are selling new homes and developers who are selling lots or parcels that are within a CFD shall provide disclosure notice to purchasers of property that complies with all of the requirements of Section 53341.5 of the Government Code. The form of the notice to be provided shall be substantially equivalent to that shown in Exhibit 1. Modifications to this form shall only be allowed when necessary to more accurately describe the characteristics and tax structure of the CFD.
The disclosure notice must be provided to prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase of property is executed. A prospective purchaser of property has three days after delivery of the disclosure document in person, or five days after the document was deposited in the mail, to terminate an agreement for the purchase of property. Builders and developers are required to keep an executed copy of each disclosure document to prove that disclosure has been provided to all purchasers of property within a CFD.
Builders and developers shall be encouraged to develop a program to inform prospective purchasers about a CFD and its related special tax liabilities prior to the date on which a purchase agreement or deposit receipt is executed. The City may require that all advertising for properties within a CFD state that the property is within a CFD and is subject to special taxes, unless the builder or developer has instituted a program to otherwise inform prospective buyers about the CFD.
DISCLOSURE REQUIREMENTS FOR THE RESALE OF HOMES OR LOTS The City's department which is designated to determine the special tax liability each year shall also be designated to provide a notice of special taxes to sellers of property (other than builders or developers) which will enable them to comply with their notice requirements under Section 1102.6 of the Civil Code. This disclosure shall be in a form substantially equivalent to that shown in Exhibit 2. This notice shall be provided by the City within five working days of receiving a request for the notice. A reasonable fee may be charged for providing the notice.
The City's department which is designated to determine the special tax liability each year shall also establish procedures to promptly respond to inquiries concerning current and future special tax liability.
City of Beaumont 4
B TTDEBT3.DOGLT/060
V. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES Special tax formulas shall provide for special tax levels which satisfy the following expenses of a CFD:
• 110 percent gross debt service coverage for all bonded indebtedness • the reasonable and necessary administrative expenses of the CFD • amounts equal to the differences between expected earnings on any escrow fund and the interest payments due on bonds of the CFD
Additionally, the special tax formula may provide for the following:
• lease payments for existing or future facilities
• the costs of remarketing, credit enhancement and liquidity facility fees • the cost of acquisition, construction, furnishing or equipping of facilities • the accumulation of funds reasonably required for future debt service • any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the CFD
• amounts equal to projected delinquencies of special tax payments • any other costs or payments permitted by law
• costs associated with the release of funds from an escrow account The special tax formula shall be reasonable and equitable in allocating public facilities costs to parcels within the CFD. Exemptions from the special tax may be given to parcels which are publicly owned, are held by a property owners association, are used for a public purpose such as open space or wetlands, are affected by easements making impractical their utilization for other than the purposes set forth in the easements, or have insufficient value to support bonded indebtedness.
The total projected property tax levels for any residential parcel within a CFD shall not exceed two percent of the projected initial sales price of a fully developed parcel (i.e., with a completed structure). The total projected property tax level shall include ad valorem property taxes, special taxes, special assessments, and other direct and overlapping debt supported by property taxes.
Commercial properties which provide economic benefits to the City may exceed the two percent property tax level if approved by the City.
City of Beaumont 5
B3MITDEBT7.DOC/LT/06O
The maximum special tax for any developed residential parcel shall not increase at a rate greater than two percent annually. The special taxes formula should be structured such that special taxes levied on developed property are consistent year to year. Changes in the special tax needs from year to year should, to the degree possible, be borne by undeveloped property. Under no circumstances shall the special tax levied on any parcel of developed property be increased by more than ten percent as a consequence of delinquency or default by the owner of any other parcel.
VI. APPRAISAL STANDARDS
A. Definition of Appraisal
An appraisal is a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.
B. Standards of Appraisal
A detailed appraisal shall be prepared for complex appraisal problems. A detailed appraisal shall reflect nationally recognized appraisal standards including, to the extent appropriate, the Uniform Appraisal Standards for Federal Land Acquisition. An appraisal must contain sufficient documentation including valuation data and the appraiser's analysis of the data to support his or her opinion of value. At a minimum, the appraisal shall contain the following items:
a. The purpose and/or the function of the appraisal, a definition of the property being appraised, and a statement of the assumptions and limiting conditions affecting the appraisal.
b. An adequate description of the physical characteristics of the property being appraised, location, zoning, present use, and an analysis of highest and best use. c. All relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. If a discounted cash flow analysis is used, it should be supported with at least one other valuation method, such as a market approach using sales that are at the same stage of land development. If more than one approach is utilized, there shall be an analysis and reconciliation of approaches to value that are sufficient to support the appraiser' s opinion of value. d. A description of comparable sales, including a description of all relevant physical, legal and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction. e. A statement of the value of real property
City of Beaumont 6
BMTDEBT3.DOCJLT7060
f. The effective date of valuation, date of appraisal, signature and certification of the appraiser.
C. Conflict of Interest
No appraiser or review appraiser shall have any interest direct or indirect in the real property being appraised for the City that would in any way conflict with the preparation or review of the appraisal.
D. Appraisal Premises
The appraisal should contain two or three values which shall be determined by the public agency and its consultants.
1. Raw Land Value. (Premise #1). The total land within the project is valued "as is":
a. With any existing infrastructure.
b. Without proposed infrastructure being financed.
c. With existing parcel configuration.
d. Considering planned densities allowed by the specific plan of the project.
This is a typical type of land valuation.
2. Project Build -out Value. (Premise #2). The total land within the project is valued under projected conditions. a. With proposed infrastructure being financed completed. b. At the planned densities allowed by the existing entitlements. c. Land development is at the stage of being marketed to merchant builders or tentative tract maps ready to be filed.
This is a projected value based on project plans predicated on market conditions continuing as projected.
3. Bulk Land Value. (Premise #3). The total land within the project is valued under projected conditions:
a. With proposed infrastructure being financed completed. b. With existing parcel configuration.
c. Considering planned densities allowed by the special plan of the project.
City of Beaumont 7 BMTDEBT3.13OC/LT/060
This premise should consider a discounted or "quick sale" valuation considering time, cost and the possibility of a per unit value based on the total size of the project.
VII, PRIORITY ATTENDANCE ACCESS POLICIES (FOR SCHOOL DISTRICT ISSUES) The special taxes paid by CFD property owners to fund new school facilities, or improvements to existing school facilities, constitute an additional financial burden beyond the standard ad valorem property tax payments made by other property owners in the school district. As a result of this inequity, the City has determined that the City shall recommend to the applicable School District that the joint financing agreement with the school district specify the extent to which students residing within the CFD shall be given priority for attending those facilities which are being fully or partially funded by the CFD in which they reside.
The City shall recommend that the degree of priority for a given school facility that is to be assigned to a student residing within a CFD be based on the proportion of that facility which is being funded by that CFD. For example, if CFD No. 1 is funding 40 percent of a school facility, while CFD No. 2 is funding 20 percent of that same facility, the students residing in CFD No. 1 would receive a first priority for attendance at the facility in proportion to the funding provided by the CFD_ Students from CFD No. 2 would be given priority for any remaining classroom seats after the pro rata portion of students residing in CFD No. 1 have been given the opportunity to attend the facility.
Students from outside these two CFDs would only be allowed to occupy seats in the facility which remained available after the applicable pro rata portions of students from both CFDs had been given a chance to attend the school.
Notwithstanding the CFD priority attendance access policies stated above, a school district may incorporate attendance policies which are not consistent with these access policies if necessary to implement district goals to achieve ethnic, racial or socioeconomic diversity; federal, state, or court mandates; transportation needs and safe pedestrian routes; grade levels for which facilities were designed; and continuity of schooling for students within any single school year.
VIII. OTHER MATTERS
The City Council may, with respect to a particular CFD, consider additional policies to those required by the Mello -Roos Community Facilities Act, including policies related to developer deposits for formation expenses, bond refundings, foreclosure covenants, and other issues.
City of Beaumont
B\RDEBT].DOC/LT/060
EXHIBIT 1
NOTICE OF SPECIAL TAX [see Note 1]
CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO.
COUNTY OF RIVERSIDE, CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE THIS PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE
AND TO OBTAIN A COPY SIGNED BY YOU TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE.
(1) This property is subject to a special tax, which is in addition to the regular property taxes and any other charges, fees, special taxes, and benefit assessments on the parcel. It is imposed on this property because it is a new development, and may not be imposed generally upon property outside of this new development. If you fail to pay this tax when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or services that are likely to particularly benefit the property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM
THE FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY.
(2) The maximum special tax which may be levied against this parcel to pay for public facilities is $ during the - tax year [see Note 2]. This amount will increase by percent per year after that [see Note 3]. The special tax will be levied each year until all of the authorized facilities are built and all special tax bonds are repaid, but in any case not after the - _ tax year [see Note 4]. An additional special tax will be used to pay for ongoing service costs, if applicable. The maximum amount of this tax is dollars ($_) during the -_ tax year.
This amount may increase by , if applicable, and that part may be levied until the tax year (or forever, as applicable) [see Note 5] .
(3) The authorized facilities which are being paid for by the special taxes, and by the money received from the sale of bonds which are being repaid by the special taxes, are:
[see Note 6].
These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed or acquired.
In addition, the special taxes may be used to pay for costs of the following services:
[see Note 7].
City of Beaumont
1-1
BNITDEBT3.DOCJLT/060
YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH
AUTHORIZED CREATION OF THE COMMUNITY FACILITIES DISTRICT, AND WHICH
SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE
PROCEEDS OF THE TAX WILL BE USED, FROM THE BY CALLING
[see Note 8]. THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY
OF THIS NOTICE PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE -REFERENCED PROPERTY. I (WE)
UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE OR
DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON
OR WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER, SUBDIVIDER, OR AGENT SFT.T ING THE PROPERTY.
DATE:
City of Beaumont 1-2
BM[DEBT3.DOCLT/060
I
Notes to the CFD Disclosure
Note 1: The heading must be in type no smaller than eight point type.
Note 2: Provide the maximum special tax that can be levied on a unit in a particular year (usually the first year the tax can be levied). The maximum tax on the specific unit being purchased by the buyer must be disclosed; if the backup tax is the maximum tax, this tax must be determined and disclosed for the particular unit that is being purchased. It is recommended that a separate disclosure form be prepared for each unit in a subdivision.
Note 3: This applies to the increase in the maximum special tax, not the potential increase in the tax actually levied.
Note 4: If it can be ascertained, disclose the last fiscal year in which the tax will be levied and collected. For districts formed prior to January 1, 1993, this information may not be known, and therefore, cannot be disclosed.
Note 5: If special taxes in excess of the special taxes explained in notes 1-3 will be collected to pay for public services, these taxes must be disclosed here. The disclosure requirements are the same as the disclosure explained by notes 1-3.
Note 6: The facilities being financed by the special taxes must be described. The description may be general and may include alternatives and options, but it must be sufficiently informative to allow the home buyer to understand what the funds of the district will be used to finance.
Note 7: The same requirements explained in note 5, except that services to be paid for by the CFD must be described.
Note 8: Provide the office of the City in which the prospective buyer may obtain a copy of the resolution of formation and the phone number to call to obtain the resolution.
City of Beaumont
1-3
BAtTDEBT3.DOC/LT/060
EXHIBIT 2
NOTICE OF SPECIAL TAX [see Note 1]
CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO.
COUNTY OF RIVERSIDE, CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR PURCHASING THIS PROPERTY.
This property is subject to a special tax, which is in addition to the regular property taxes and any other charges and benefit assessments on the parcel. This special tax may not be imposed on all parcels within the city or county where the property is located. If you fail to pay this tax when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or services that are likely to particularly benefit the property. YOU SHOULD TAKE THIS TAX
AND THE BENEFITS FROM THE PUBLIC FACILITIES AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY. (2) The maximum special tax which may be levied against this parcel to pay for public facilities is $ during the tax year [see Note 2]. This amount will increase by — percent per year after that [see Note 3] . The special tax will be levied each year until all of the authorized facilities are built and all special tax bonds are repaid, but in any case not after the _ tax year [see Note 4].
An additional special tax will be used to pay for ongoing services, if applicable. The maximum amount of this tax is dollars ($_) during the tax year. This amount may increase by , if applicable, and may be levied until the tax year (or forever, as applicable) [see Note 5].
(3) The authorized facilities which are being paid for by the special taxes, and by the money received from the sale of bonds which are being repaid by the special taxes, are:
[see Note 6].
These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed or acquired.
In addition, the special taxes may be used to pay for costs of the following services:
[see Note 7].
City o_( Beaumont
2-1
BMTDEBT3.DOCILT7060
YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH
AUTHORIZED CREATION OF THE COMMUNITY FACILITIES DISTRICT, AND WHICH
SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE
PROCEEDS OF THE TAX WILL BE USED, FROM THE BY CALLING
[see Note 8]. THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCERT) THE REASONABLE COST OF PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE RECEIVED A COPY OF THIS NOTICE. I (WE)
UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE OR
DEPOSIT RECEIPT AFTER RECEIVING THIS NOTICE FROM THE OWNER OR AGENT SELLING THE PROPERTY. THE CONTRACT MAY BE TERMINATED WITHIN THREE
DAYS IF THE NOTICE WAS RECEIVED IN PERSON OR WITHIN FIVE DAYS AFTER IT
WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER OR AGENT SELLING THE PROPERTY.
DATE:
City of Beaumont 2-2
BVIDEBTIDOC/LT/060
Notes to the CFD Disclosure
Note 1: The heading must be in type no smaller than eight point type.
Note 2: Provide the maximum special tax that can be levied on a unit in a particular year (usually the first year the tax can be levied). The maximum tax on the specific unit being purchased by the buyer must be disclosed; if the backup tax is the maximum tax, this tax must be determined and disclosed for the particular unit that is being purchased. It is recommended that a separate disclosure form be prepared for each unit in a subdivision.
Note 3: This applies to the increase in the maximum special tax, not the potential increase in the tax actually levied.
Note 4: If it can be ascertained, disclose the last fiscal year in which the tax will be levied and collected. For districts formed prior to January 1, 1993, this information may not be known, and therefore, cannot be disclosed.
Note 5: If special taxes in excess of the special taxes explained in notes 1-3 will be collected to pay for public services, these taxes must be disclosed here. The disclosure requirements are the same as the disclosure explained by notes 1-3.
Note 6: The facilities being financed by the special taxes must be described. The description may be general and may include alternatives and options, but it must be sufficiently informative to allow the home buyer to understand what the funds of the district will be used to finance.
Note 7: The same requirements explained in note 5, except that services to be paid for by the CFD must be described.
Note 8: Provide the office of the City in which the prospective buyer may obtain a copy of the resolution of formation and the phone number to call to obtain the resolution.
City o Beaumont
2-3
BMTDEST3.AOCILT/060
AGENDA NO.
STAFF REPORT
To; Mayor and Council Members
From: Community and Economic Development Department
Date: May 8, 1995
Subject: Resolution Declaring the intention of the City to Adopt Local Public Agency Goals and Policies for Community Facilities Districts
BACKGROUND:
The City of Beaumont has formed Community Facilities District 93-1 and is contimplating future annexations to the district for construction of public improvements and maintenance of public facilities. The Mello -Roos and Community Facilities District Act of 1982 as Amended (the Act) requires public agencies to adopt goals and policies for community facility districts prior to any future annexations of financings.
ANALYSIS:
The proposed resolution would establish the attached goals and policies for community facility districts in the City. The goals and policies are consistent with the Act and include the following general provisions:
A. A statement of the priority that various kinds of public facilities have for financing through the use of the Act, including public facilities to be owned and operated by other public agencies, including school districts; B. A statement concerning the credit quality to be required of bond issues, including criteria to be used in evaluating the credit quality;
C. A statement concerning steps to be taken to ensure that prospective property purchases are fully informed about their taxpaying obligations imposed under the Act;
D. A statement concerning criteria for evaluating the equity of tax allocation formulas, and concerning desirable and maximum amounts of special tax to be levied against any parcel pursuant to the Act; and
AGENDA NO.
E. A statement of definition, standards,
s,Aand assumptions to be used in appraisals
required by Section 53345
RECOMMENDATION:
Staff recommends:
1) ADOPTION of the Resolution of the City of Beaumont Declaring its Intention to Adopt Local Public Agency Goals and Policies for Community Facilities Districts. tfull " subr u'tted,
1 David W. Dillon,
Economic Development Director
BEAUMONTA O R N -
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
Lisa Leach, CPA, Assistant Finance Director
DATE: December 16, 2025
SUBJECT: Fiscal Year End 2025 Popular Annual Financial Report (PAFR) Description: Receive and file the City's Fiscal Year End 2025 Popular Annual Financial Report (PAFR).
Background and Analysis:
On November 17th, the Finance and Audit Committee was presented with the draft Fiscal Year 2024-2025 Annual Comprehensive Financial Report (ACFR). The Finance and Audit Committee recommended the ACFR be presented to Council on December 16, 2025, in final form. The ACFR presents the financial statements of the City in accordance with generally accepted accounting principles (GAAP) and audited in accordance with governmental auditing standards (GAS). To meet the diverse information needs of different users, an ACFR typically presents voluminous data at a high level of detail.
Due to the high level of detail and technical language within the ACFR, it is recommended that governments produce a Popular Annual Financial Report (PAFR) to supplement the ACFR. This allows readers to receive selected information provided within the ACFR in a manner that is engaging and easy to understand for all users.
The Government Finance Officers Association (GFOA) provides guidance within its PAFR program that governments can use to create reports that show a government's commitment to increase the involvement of citizens and other interested parties. The report presented follows the GFOA guidance and criteria established within PAFR awards program. The City of Beaumont received its second GFOA Popular Annual Financial Reporting (PAFR) Award for fiscal year ending June 30, 2024, and the award is identified in the Fiscal Year End 2025 Popular Annual Financial Report.
Fiscal Impact:
The PAFR provides data that has already occurred and does not have a fiscal impact to the current budget. The estimated cost to prepare this report is $250.
Recommended Action:
Receive and file the City's Fiscal Year End 2025 Popular Annual Financial Report.
Attachments:
A. 2025 Popular Annual Financial Report (PAFR)
PREPARED BY:
LISA LEACH, CPA
ASSISTANT FINANCE DIRECTOR
AND
JACQUELINE MIRANDA
ACCOUNTING TECHNICIAN II
2025
POPULAR
ANNUAL
FINANCIAL
REPORT
July 1, 2024 -
June 30, 2025
Message from the Finance
Director
Jennifer Ustation
To the Citizens of the City of Beaumont:
Welcome to the City of Beaumont's Popular Annual Financial Report (PAFR), for the fiscal year ending June 30, 2025. Our PAFR provides an overview of the City's financial position in a manner that is easy to understand and provides a brief analysis of where the City's revenues are derived and where those dollars are spent. The information in this report is based on the audited results presented in the City's Annual Comprehensive Financial Report (ACFR).
It is important to note, this PAFR is unaudited and is presented on a non- GAAP basis*. This means the presentation of financial data in this report differs from the GAAP basis presentation in the City's ACFR.
I hope you find this report helpful and encourage you to access the City's website ( www.beaumontca.gov) or contact Finance at (951) 572-3236 for more detailed information about the City's finances.
Jennifer Ustation
*Generally Accepted Accounting Principles (GAAP) is a combination of authoritative standards and the commonly accepted way of recording and reporting accounting information. To review the audited GAAP-based, full disclosure financial statements, please refer to the City's ACFR, which is available on the City's website at www.beaumontca.gov . www.beaumontca.gov
ragetbi OT
Table of Contents
https://www.beaumontca.gov/921/Audits-and-Reports
About the City
Elected and Appointed Officials 2
City -Wide Organizationl Chart 3
City Staff 4
City Demographics and Key Statistics 5
The City's Financial Position 7
Statement of Activities 8
Where the Money Came From 9
The City's Assets and Investments 10
What the City Owes 11
Net Pension Liability 12
City Activities: Highlights 13
Sales Tax Highlights 14
Completed Projects 15
Location 16
G FOA Award 17
Contact Information 18
"Beaumont is a vibrant city whose charm is exceeded only by the remarkable people who call it home. While times have changed, the friendliness and hospitality that recall a simpler era have not. In Beaumont, residents enjoy a way of life that includes not I t gch r g characteristics of a small town but all the amenities of a dyna e s�'u-bourrbaan�environment."
About the City
Beaumont has a rich history and is nestled in the foothills of the San Bernardino National Forest. Originally settled in the mid -1800s as a stop along the Southern Pacific Railroad, people drawn to the beautiful mountain views, crisp air and abundance of apple orchards remained in the area and City of Beaumont was incorporated on November 18,1912.
Beaumont's continued growth can be attributed to its desirable location and its reputation as an affordable community that offers a high quality of life. Local officials, supported by engaged community members, have worked tirelessly to prepare for a sustainable future and a vibrant community. Exceptional public services that are provided for the community include community - oriented public safety, an excellent school system, and 18 scenic parks and recreation areas, ensuring that Beaumont is a great place to live, work and explore.
Pagel
Elizabeth Gibbs
City Manager
Elected Officials
i
Lloyd White Julio Martinez
Mike Lara
Mayor
David Fenn Jessica Voigt
Mayor Pro Tem
Appointed
Officials
John Pinkney
City Attorney
Elaine Morgan City Clerk (Elected)
AJ Patel City Treasurer (Elected)
Nicole Wheelwright
Gustavo Romo
Shannan Doyle
Kari Mendoza
Deputy City Clerk
Deputy City Manager
Executive Assistant
Administrative Services Director
Christopher Ramos Chief of Police
Jennifer Ustation Finance Director
Robert Vestal Public Works Director
Doug Story Community Services Director
Thaxton VanBelle General Manager of Utilities
Julie Van Hook Public Information Officer
Steven Jones Community Development Director
Kirk Pelser pag.e..5..©..of..�5®nomic Development Director
City -Wide Organizational Chart
BEAUMONT
CITYWIDE FY 25/26
ORGANIZATIONAL CHART
Beaumont Citizens
City Coun City
City A ey
(Contracted) 4
City Manage
r
r
FLIED POSITIONS
PROPOSED .POSITIONS
STARTING
AT ITIS PM
STARTING
AT 12.IS PM
For Fiscal Year 2024/25
Beaumont employed 247.5
Employees.
Dedicated to the City's mission to
provide the highest quality service
to its citizens.
FEBRUARY 25TH
* 2025
IN & OUT IN BACK
PARKING LOT
Enjoy an In & Out meal - take a seat at
any table inside the gym and enjoy eon
others company
OPENING REMARKS
City Manager Elizabeth Gibbs & M
Mike tarn
SERVICE AWARDS
Kami Mendoza
STARTING OATH OF OFFICE
AT 12.45 PM
Led by Deputy City Clerk Nicole
Wheelwright
STARTING NOTHING BUNDT CAKE
AT 12 S0 PM
Enjoy o bonnieni to yo
THANK YOU FOR BEING THE STARS OF THE SHOW!
t jw ;h.5'rinn5 are
Council
5 City Clerk
3 Administration
7 Communication
1 Finance
10 Information Technology
6 Economic Development
3 HR Risk
4.75 Planning
6.5 Community Recreation Center
15 Animal Control
2 Community Enhancement
2 Police
60 Police Support
28.5 Building Inspector
7 Public Works
13 Streets
9 Building Maintenance
5 Grounds Maintenance
22 Wastewater
15 Transit
22.75 Total Employees
247.5
City Demographics and
Key Statistics
Source: US Census Bureau
median household
income
median age
35.4 unemployment Rate
4.6%
population
59,708
trt
median home price
$528,750
PRINCIPAL EMPLOYERS 2024
$102,200
•
average household site
3.09 Employer
Employees Rank % of Total City Employment
Amazon
Beaumont Unified School District
CJ Foods
Walmart
5,800
1,382
630
PageSSOof 1750
1 2
3 4
69.36%
16.53%
7.53%
6.58%
City Demographics and
Key Statistics
Parks & Recreation
mom-- --
17 parks and
playgrounds
NUN
3,250 class
registrations
8,973 city trees
Public Works
315 street lights
repaired
388 potholes repaired
7.4drrA
5 lane miles
rehabilitated Page
74 Public Safety
60 sworn officers
2 K-9 officers
74,410 Police service calls
6,462 Fire service calls
ACI\
Wastewater
10 lift stations
& 26 sewer pumps
• approx.188 miles of gravity main line
• approx. 25 miles of force main
• 23 miles of Brine Tine
Number of Utol tyAccounts
Residential
Mobile
Multi Family
Cernnierciar
indLis_ t: .
Other
13,319
773
70 534
5 4
19J05
the City's Financial Position
The Statement of Net Position presents information about the financial position of the City; much like a balance sheet does for a corporation. It represents the difference between all of its assets (what the City owns) and its liabilities (what the City owes) on an accrual basis. It is an indication of the City's financial health at the end of the fiscal year. Over time, increases or decreases in the City's net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. For the fiscal year ended June 30, 2025, the Citywide net position improved by $37.3 million. The assets of the City exceeded its liabilities by $624.5 million (net position). The five- year history presented below, indicates positive growth for the City's net position.
Statement of Net Position - Citywide (in thousands)
I -02 2024L 2041 2022
Assets - What We Own $825,614 $794,139 $772,766 $751,313 Deferred Outflows $11,096 I $13,612 $13,410 i $6,237
k Liabilities - What We Ow $210,195f
$218,294 $245,733 $231,828
P Deferred Inflows II: $2,007ii $2,202 k $2,252 li $8,032 iiir-
T
$624,508 $587,255 $538,191 I $517,690
Total Net Position
2021
$716,413
$5,999
$251,420
($881)
$471,873
Net Position - 5 Year Comparison
$500 mil
$400 mil
$300 mil
$200 mil
$100 mil
$0 mil
1 2024
2024 Page 575 &21/50 2022
Business -Type Governmental
2021
statement of Activities
More formally referred to as the Statement of Activities, the City's income statements reflect all the financial activity for the City during the fiscal year ended June 30, 2025. This statement presents information to illustrate how the City's net position changed during the year as a result of the financial activity (i.e. revenues and expenses). This is a summarized version of the more detailed statement found in the City's complete ACFR. For fiscal year ended June 30, 2025, the City's revenues exceeded expenses by $37.3 million.
Statement of Activities - Citywide (in thousands) Page 8 Revenues
Expenses
Change in Net Position
Restatement of Net Position *
Beginning Net Position
Ending Net Position
2025
$135,569
$98,316
$37,253
$0
$587,255
$624,508
2024 2023 2022 2021
$128,591 $94,341 $103,415 $79,975
$79,258 $73,839 $57,836 $67,960
$49,063 $20,502 $45,579 $12,015
$0 $0 $239 ($343)
$538,192 $517,690 $471,872 $460,200
$587,255 $538,192 $517,690 $471,872
* Restatement noted above was for accounting corrections
Where the Money Came From [Statement of Activities) Page9 Capital Grants
21.4%
Other Taxes
5.9%
Investment Earnings
9.8%
Charges for service
18.1%
The City's expenses increased
by $19.1 million, with the
majority due to the following:
Property Taxes
13.1%
Operating Grants
5.2%
Sales Tax
26.5%
Transit
4.2%
Community Services
8.3%
• $5.27 million increase in public
safety for the operation of a new
fire station.
• $7.25 million increase
ommunity Development
community development due to
staffing realignment and one time
infrastructure allocations for
capital facilites.
• $4.54 million increase in general government
due to a one-time cost for audit recovery,
increase in insurance costs and an increase i
capital assets and software purch
The City's revenues increased by $6.98
million, with the majority due to the
following:
• $5.82 million sales tax increase
due to a one-time audit recovery
of misallocated county allocations
• $1.1 million increase in property
taxes due to the completion of
new home sales.
• $1 million increase in investment
earnings.
• $940 thousand decrease in all
other revenues, mostly due to a
decrease in community
development charge for services.
Public Works
11%
Sewer
20.4%
General Gov't
14.5%
Interest and fiscal charges
1.8%
Public Safety
29.6%
The City's Assets and Investments
The City revised its investment policy at the end of Fiscal Year 2021 and was certified by the California Municipal Treasurers Association in March 2022. This policy is reviewed annually for compliance. The intent of the policy is to formalize the framework for the investment activities that shall be exercised to ensure the effective and judicious fiscal and investment management of the City's funds. The City's portfolio shall be designed and managed in such a manner as to comply with state and local laws, provide for daily cash flow requirements, ensure consistency with the prioritized objectives of safety, liquidity, and return, and in a manner consistent with prudent investment management and worthy of the public trust. The chart below reflects the types of investments held by the City as of June 30, 2025.
Investment Type Total - $242,444,353
Municipal Bonds
$62,168,469
Certficiates of Deposits
$5,310,198
California CLASS
$40,611,319
o a gency nves'ment Fund
$52,413,792
Medium Term Notes
$7,245,670
Other Investments
$11,660,340
Restricted investments in CFD's
$63,034,565
Capital Assets, Net of Depreciation
The city develops a five-year Capital
Improvement Program (CIP) that projects
capital needs with a focus on public safety,
street repair and maintenance, machinery an
equipment, sewer, parks and general
infrastructure. In fiscal year 2025, major capital
improvements included the completion of
City hall office renovations and ADA ramps for
$3.88 million, Memorial Plaza for $1.7 million,
Potrero Fire Station for $8.9 million, Street
Rehabilitation for $5.1 million and seven(7) n
buses for $5.7 million.
Land
CIP $36,307,356
$43,932,326
Machinery & Equip.
$60,146,206
Infrastructure
$384,164,208
What the City Owes
As of June 30, 2025, the City had outstanding long-term debt totaling $148.2 million. The debt decreased by $5.4 million due to a combination of a decrease of $6.2 million from the scheduled debt -service payment and increase in claims payable by $637,000 and compensated absences by $127,000. A six -year history of the long-term debt for governmental and business -type activities shows the City has been reducing debt levels over time since 2020.
Long Term Debt of Bonds, Compensated Absences,
Claims and Judgements (In millions)
$180.0
$173.3
$167.7 $171.2
$153.6
$148.2
2020 2021
2022 2023 2024 2025
compensated absences
$4,119,910
claims and judgements
$2,180,661
wastewater revenue bonds
$78,828,041
local agency revenue bonds
$63,034,565
lease and subscription based Liabilities
$1,904,093
Assigned liability related to unused employee earned
vacation and compensatory leave time.
Actuarial estimates of current and potential insurance claims and settlements.
Bonds issued to finance the acquisition and construction of certain improvements to the City's Wastewater system.
Bonds issued to purchase District bonds to design or acquire certain public improvements relating to the District.
Lease payments for the right to use various equipment,
subscription based software and vehicles.
Net Pension Liability
Substantially all City employees working the equivalent of 1,000 hours per fiscal year are eligible to participate in multiple -employer defined benefits plans administered by California Public Employees Retirement System (CaIPERS). The City currently offers two plans: the Safety Plan for public safety employees (i.e., Police employees) and the Miscellaneous Plan for all other city employees.
The largest impact on the City's long-term financial stability relates to the increase in pension costs from CaIPERS. Per the most recent CaIPERS annual valuation report, the funded status (the percentage of assets available to meet the total projected benefits payments) for the Safety and Miscellaneous Plans was 78.74% and 76.49%, respectively. The total net pension liability as of June 30, 2025 totaled $26.3 million. The net pension liability for each plan as of the last two fiscal year end dates is shown below:
Net Pension Liability - Safety vs Misc Plans
$18,000,000
$16,000,000
$14,000,000
S 12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
S2,000,000
S-
$15,368,042 $15,064,680
$11,287,003 $11,210,697
Safety Plan Miscellaneous
FY 2024 FY 2025
The City further allocates the total net pension liability by fund (i.e., Business -Type funds related to the activities of the Wastewater and Transit funds and Governmental funds related primarily to the City's General Fund activities). The distribution of the net pension liability by fund type is show below:
525,000,000
520,000,000
$15,000,000
$10,000, 000
$5,000,000
Net Pension Liability - Fund Types
523,720,425 523,472,702
52,934,620 $2,802,675
Business Tv age58Q of 750 Governmental Activities
FY 2024 FY 2025
City Activities: Highlights
The General Fund is the government's primary operating fund and the most discretionary. It accounts for all financial resources of the general government, except those required to be recorded in another fund. A five-year history of the fund balance and its designations is below. The fund balance of the General Fund at June 30, 2025 was $53.6 million, a $5.6 million increase from 2024 due to higher returns on investments and expenditures coming in lower than planned for. 560,003,000
Sso,000,000
540,000,000
$30,000,000
$20,000,000
510,000,030
S -
Fund Balance - General Fund
i
2021 2022 2023
2024
2025
■ Nonspendabe ■ Restricted ■ Committed ■ Assigned ■ Unassigned Fund Balance Components
Nonspendable - Inherently non -spendable
(e.g, receivables and prepaids items)
Restricted - Externally enforceable limitations on use
(e.g., Investment in Section 115 Trust)
Committed - Self-imposed limitations on use (e.g., Self - Insurance and re -appropriation)
Assigned - Limitation resulting from intended use (e.g., capital assets)
Unassigned - Residual net resources (e.g., discretionary) Functions of the City can be separated into two categories, those primarily supported by taxes and intergovernmental revenues (governmental activities) and those intended to recover all or a significant portion of its costs through user fees and charges (business -type).
Sales and Use Tax - consumable tax
levied at the point of sale.
Property Tax - legally enforceable liens
on property as of January 1.
Intergovernmental - motor vehicle in lieu
taxes and vehicle license collections.
Charges for Services - revenue from
charges to customers, applicants, or
others who purchase, use or directly
benefits from the goods, services, or
privileges provided, or are otherwise
directly affected by the service.
Other - includes transient occupancy
tax, utility users tax, franchise fees and
investment income.
Five -Year Revenue History -
Governmental Activities
530,000,000
525,000,000
S 20,000,000
$15,000,000
S10,000,000
$5,000,000
S -
2020 2021 2022 2023 2024
■ Sales and Use Tax ■ Property Tax ■ Intergovernmental ■ Charges for Services ■ Other Page13
age bbl o
1 fbU
sales Tax Highlights
Sales Tax is now the largest revenue source for the General Fund and is levied at the point -of sale. The amount of money collected through sales tax is contingent upon dollars spent on goods and services throughout the year. For Fiscal year 2025, the City of Beaumont's sales tax rate was 7.75%. The sales tax rate is set and imposed at the County level. Fiscal year 2025 saw an increase of $5.8 million from the previous year, an increase of 19.3% due to a one-time recovery of misallocated county allocations . Please note: 2022 had an increase of $18 million from the previous year, an increase of 203%. This was due to a reporting change in the commercial/industrial sector.
Sales tax Collected -10 year comparison
40000000
30000000
20000000
10000000
0 2016 2017
-�� tar iii
Jolt
4 .,z
2018 2019 2020 2021 2022 2023 2024 2025
rage ooL OE I IOU
Completed Projects
Memorial Plaza 11/11/2024. The Beaumont Memorial Plaza at the Civic Center is a transformative and revitalized space dedicated to honoring and celebrating the lives of our veterans and public safety personnel. This project transformed the original fenced memorials into an accessible, open, and serene environment, creating a welcoming space for reflection and community gatherings.
ADA Ramps for City Hall
06/23/2025. With the support
from the Riverside County Board
of Supervisors, funding was
provided through a $400k grant
from the American Rescue Plan
Act (ARPA) to accommodate the
needs of Beaumont's growing
population.
Come visit Us
STRATEGVCALLY LOCATED
A GEM A
GIANTS
ANAHEIM
LOS ANGELES
LONG BEACH
SAN DIEGO
67 MI
is MI
81 MI
S8 MI
114 MI
7 cu ii
.rnardino
M01,itrain
'and
rr aCe
Redlands Crafton
Moreno
Valley _
C6L
Upland Game
Hunting Area
Ferris
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Nuevo
an r 4-
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Cherry
Valle
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Jacinto
idyrlfwild-Fine04
The City of Beaumont received its 2nd GFOA Popular Annual Financial Reporting (PAFR) Award for fiscal year ending June 30, 2024.
The Award represents a significant achievement by the City of Beaumont. In order to be eligible for the PAFR Award, a government must also submit its annual comprehensive financial report to GFOA's Certificate of Achievement for Excellence in Financial Reporting Program and receive the Certificate for the current fiscal year.
Each eligible report is reviewed by judges who evaluate the report based on the following categories: reader appeal, understandability, distribution methods, creativity and other elements.
G�9
Government Finance Officers Association
Certificate of
Achievement
for Excellence
in Financial
Reporting
PreSellted to
City of Beaumont
California
For its Annual Comprehensive
Financial Report
For the Fiscal Year Ended
June 30.2024
Executive Director CEO
1
Contact Us
951-572-3236
[email protected]
www.beaumontca.gou
550 E. 6th Street, Beaumont, CA 92223
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BEAUMONT
-CALIFORNIA-
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Robert L. Vestal, City Engineer I Public Works Director DATE: December 16, 2025
SUBJECT: Offer of Dedication for Public Street and Public Utilities — 2nd Street Description: A Resolution of the City of Beaumont Authorizing the Mayor to Accept the Offer of Dedication for a Strip of Land Along Second Street for Public Street and Public Utility Purposes.
Background and Analysis:
The Second Street Extension Project (CIP R-12) requires the acquisition of right-of-way from the property located on northeast corner at the Second Street and Pennsylvania Avenue intersection and from the adjacent property to the east, also being parcels APN 418-240-011 and APN 419-770-007, respectively.
The property owner, Beaumont Unified School District (BUSD), has offered the right-of- way to the City at no cost. The proposed dedication is for an 11 -foot wide and approximately 1,040 -foot long strip of land lying north of Second Street. The proposed right-of-way dedication will allow full -width construction and improvement of Second Street from its current terminus to Pennsylvania Avenue.
Fiscal Impact:
The cost to prepare the staff report is estimated to be $350.
Recommended Action:
Waive the full reading and adopt by title only, "A Resolution of the City of Beaumont Authorizing the Mayor to Accept the Offer of Dedication for a Strip of Land Along Second Street for Public Street and Public Utility Purposes"; Approve the Certificate of Acceptance; and
Record the Offer of Dedication documents with the Riverside County Clerk Recorder's Office.
Attachments:
A. Offer of Dedication Resolution
B. Offer of Dedication and Acceptance Certification - BUSD
RESOLUTION NO.
A RESOLUTION OF THE CITY OF BEAUMONT AUTHORIZING
THE MAYOR TO ACCEPT THE OFFER OF DEDICATION FOR A
STRIP OF LAND ALONG SECOND STREET FOR PUBLIC
STREET AND PUBLIC UTILITIES PURPOSES
WHEREAS, Beaumont Unified School District have executed a formal Offer of Dedication to the City of Beaumont for Public Street and Public Utilities purposes; and WHEREAS, Government Code Section 27281 provides that instruments conveying an interest in real property to the City may not be recorded without a Certificate of Acceptance from the City Council; and
WHEREAS, Government Code Section 27281 also provides that the City Council may, by a resolution, authorize one or more officers to accept instruments conveying an interest in real property by executing a Certificate of Acceptance; and
WHEREAS, the City Council desires to delegate to the Mayor the authority to accept the within described real property interests on behalf of the City.
WHEREAS, a certificate of acceptance for accepting the aforementioned easement will be recorded with the Riverside County Clerk Recorder's Office once the resolution is adopted by City Council; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Beaumont does authorize accepting the offer of dedication for a strip of land along Second Street for public street and public utility purposes identified in Exhibit "A" attached hereto and made a part hereof by this reference:
Provision 1. Recordation of the aforementioned certificate of acceptance shall be executed by the Mayor and recorded with the Riverside County Clerk Recorder's Office MOVED, PASSED AND ADOPTED this 16th day of December 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Jessica Voigt, Mayor, City of Beaumont
ATTEST:
Elaine Morgan
CITY CLERK
By:
2
Recording requested by,
and when recorded mail
to:
City of Beaumont
Attn: City Clerk
550 East 56th Street
Beaumont, CA 92223
APN: 419-770-007, 418-240-011 Space above for Recorder's use only.
Exempt from recording fee pursuant to Gov. Code § 6103.
Exempt from documentary transfer tax pursuant to Rev. and Tax. Code § 11922.
IRREVOCABLE OFFER OF DEDICATION
For valuable consideration, receipt of which is hereby acknowledged, the Beaumont Unified School District ("Grantor"), a public school district organized and existing pursuant to California law, hereby irrevocably offers to the City of Beaumont ("Grantee"), a California municipal corporation, a right of way for public street, highway, and utility purposes ("Right of Way") on, over, and through the real property described and depicted in Exhibits A and B to this Irrevocable Offer of Dedication ("Right of Way Area"). Exhibits A and B are incorporated herein by this reference.
Upon acceptance of this offer of dedication, Grantee, subject to the provisions herein, shall have the rights to: (i) enter in and upon the Right of Way Area, at any and all times, for purposes of constructing, inspecting, operating, maintaining, repairing, reconstructing, and/or replacing public street and associated improvements (collectively, the "Street Improvements"); and (ii) allow public use of the Street Improvements within the Right of Way Area. In Grantee's sole discretion, the Street Improvements may include water, sewer, natural gas, cable, telecommunication, and other facilities reasonably needed by any public agency, or by any utility or other entity with which the Grantee has a franchise agreement, to provide services to the public. The Grantee's rights pursuant to the Right of Way shall be subject to any and all existing covenants, conditions, restrictions, easements, rights, rights -of -way, and encumbrances of record.
By acceptance of this offer of dedication, the Grantee shall be deemed and construed to thereby acknowledge and agree that: (i) the Grantor reserves any and all reversionary rights to the Right of Way Area; (ii) Grantee shall not authorize or permit construction or placement of any structures or other improvements on, over, or through the Right of Way Area other than Street Improvements; and (iii) Grantee shall not authorize, suffer, or permit any claim, lien, stop notice, or other encumbrance that arises from the use of the Right of Way Area and/or Street Improvements to be filed against or with the Grantor, or to accrue against or attach to the Grantor's property of which the Right of Way Area is a part.
By acceptance of this offer of dedication, the Grantee shall be deemed and construed to thereby agree that it shall indemnify, defend, and hold -harmless the Grantor, the Grantor's Board of Trustees and each member thereof, and the Grantor's officers, employees, agents, and representatives, and each of them, with respect to any and all liabilities of whatever nature that arise from use of the Right of Way Area and/or Street Improvements.
Upon acceptance of this offer of dedication by the Grantee, all of the foregoing provisions shall be binding upon, and shall inure to the benefit of, the Grantor and the Grantee.
SIGNATURE OF RECORD OWNER NOTARIZED
Owner: Beaumont Unified School District
a Califo is public sciool i'stict
By:
ys Kakish, S perintendent
SEE ADDITIONAL SHEET FOR NOTARY
ACKNOWLEDGEMENT
OFFER OF DEDICATION IS APPROVED
Signature:
Jessica Voigt, Mayor
City of Beaumont
ATTEST:
Date:
Elaine Morgan, City Clerk
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 \W`eirl)l e
SS.
Qn Y 1( /,Hoes t'i 2DZ,5 _ , before me,
1 \C.\ wtly 'Po bk. L (here insert name and title of the officer), personally appeared VIA `-) k._01 , 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. 1,f) c he, Lb ) _
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.
(Seal)
MICHELLE V. LOPEZ
Notary Public - California
Riverside County
Commission # 2522764
My Comm. Expires Jun 10, 2029
EXHIBIT "A"
LEGAL DESCRIPTION
AN 11.00 FOOT -WIDE STRIP LYING NORTH OF AND ADJOINING THE NORTHERLY RIGHT-OF-WAY
OF SECOND STREET IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF PARCEL 1 OF INSTRUMENT NUMBER 97-067673, RECORDED FEBRUARY 28, 1997, OFFICIAL RECORDS OF RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 2, BLOCK 121 OF MAP BOOK 6, PAGE 16, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO; THENCE ALONG THE EASTERLY LINE OF SAID LOT, NORTH 00°16'13" WEST 39.00 FEET TO THE SOUTH LINE OF SAID PARCEL 1 AND THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 89°52'32" WEST 501.29 FEET TO THE SOUTHWESTERLY LINE THEREOF;
THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 44°53'21" WEST 15.56 FEET; THENCE PARALLEL WITH AND 50 FEET NORTHERLY OF THE CENTERLINE OF SECOND STREET, SOUTH 89°52'32" EAST 512.22 FEET TO THE EASTERLY LINE OF SAID LOT 2; THENCE CONTINUING ALONG SAID PARALLEL LINE, SOUTH 89°52'32" EAST 0.37 FEET TO A LINE PARALLEL WITH AND 50 FEET NORTHERLY OF THE CENTERLINE OF SECOND STREET; THENCE ALONG SAID PARALLEL LINE, SOUTH 89°54'34" EAST 526.99 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 1;
THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 45°05'26" WEST 15.56 FEET TO THE SOUTH LINE OF SAID PARCEL 1;
THENCE ALONG SAID SOUTH LINE, NORTH 89°54'34" WEST 516.00 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 89°52'32" WEST 0.26 FEET TO THE POINT OF BEGINNING.
EXHIBIT "A"
CONTAINING: 11,314 SQUARE FEET, MORE OR LESS.
SUBJECT TO ALL COVENANTS, RESTRICTIONS, CONDITIONS, RIGHTS, RIGHT-OF-WAY AND EASEMENTS OF RECORD, IF ANY.
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.
ANDREW J. RIE N P.L.S. 9603
DATE: 10-17-2025
EXHIBIT "B"
PROPERTY DESCR
PTIOK
A PORTION OF PARCEL 1 IN THE CITY OF
BEAUMONT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN ON INST. NO.
97-067673, RECORDS OF RIVERSIDE COUNTY.
LEGEND
()
[]
INDICATES RECORD DATA PER PM NO. 31948,
P.M.B. 212/11-17
INDICATES RECORD DATA PER DOC #2022-0267162
DESCRIBED IN ATTACHED EXHIBIT A". (11,314 S.F.)
!'
UNE DATA
L1 [N44'53'21 "W] 15.56'
L2 (S89'52'32"E) 0.37'
L3 (S45'05'26"W) 15.56'
L4 (N89'52'32"W) 0.26'
LOT 2 BLOCK 121
S.B. MB 6/16
S89'52'32"E 512.22'
L2
0 0
BEAUM0NT
PROJECT
SITE
a �
6 y
8TM STREET
VICINITY MAP
N.T.S.
SEC. 11, T.3S. R.1 W. SBM
1ST STREET
1 ct\.p616R
Q g' 0•'
\N • N�ti I1gg1,
REc• �I a
S89'54'34"E 526.99'
[N89'52'32"W 501.29']
W
"
0 in
0 0
0 L4 (N89'54'34"W 516.00') ,514
SECOND STREET (N89'52'32NW) P.O.C.
NO0'16'13"W 39.00'
REMAINDER PARCEL
PARCEL MAP No. 31948
P.M.B. 212/11-17
APN: 419-770-007, 418-240-011
PREPARED UNDER MY DII7EC1xON
RA -
CITY OF BEAUMONT
RIVERSIDE COUNTY, CALIFORNIA
INST. NO.
DATE:
APPROVALS
SCALE: N.T.S.
RIGHT OF WAY DEDICATION - PROPERTY OF:
BEAUMONT UNIFIED SCHOOL DISTRICT
DRAWN BY:
A ITEM
C.O.
ENGINEERING
REAL PROPERTY
DATE:
10/17/2025
SHT.1 OF 1
age
b3bO`1(bU
ACCEPTANCE CERTIFICATION
The City of Beaumont hereby accepts this fee interest in this Offer of Dedication hereby attached and consents to the recordation of this document as set forth above by the Mayor of the City of Beaumont, on behalf of the City of Beaumont.
City of Beaumont
Mike Lara, Mayor
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
)
)
)
SS.
On , before me,
(here insert name and title of the officer), personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
BEAUMONTA O R N -
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director — City Engineer Hugo Escobedo, Senior Engineer
DATE: December 16, 2025
SUBJECT: Accept Tri Pointe Public Improvements and Exonerate Performance Bonds
Description: Performance Bond Exoneration for Planning Area 14 Detention Basin, Cherry Avenue Street Lights, and Southern California Edison Easement improvements associated with the Tri Pointe Homes Settlement Agreement.
Background and Analysis:
On February 19, 2025, the City executed a settlement agreement with Tri Pointe Homes IE-SD, Inc. (Tri Pointe). In accordance with Section 7 of the Settlement Agreement, Tri Pointe provided the performance and payment bonds for the improvements associated with the Planning Area 14 Detention Basin, Cherry Avenue Street Lights, and Southern California Edison Easement. The City is obligated to release the bonds within (90) days after completion of the improvements to the City's satisfaction.
The principal is requesting the performance and payment bonds described in Sections 3, 4, and 5 of the Settlement Agreement and listed in Table No. 1 below be exonerated.
City staff have verified that the improvements listed in Table No. 1 are completed in accordance with the Settlement Agreement.
Table No. 1 — Bond Summary
Project
Bond
Number
Improvement
Value
Improvement
File
Number
Principal
Planning Area
14 Detention
Basin
30240651
$83,613.75
Basin
Reconstruction
Improvements
N/A
Tri Pointe
Homes IE-
SD, Inc.
Cherry Avenue
Street Lights
30240653
$45,000.00
Street Lighting
Improvements
3535
Tri Pointe
Homes IE-
SD, Inc.
Southern
30240652
$481,358.57
Easement Trail
N/A
Tri Pointe
California Edison
Easement
Rehabilitation
Improvements
Homes IE-
SD, Inc.
Therefore, City staff recommends that the City Council accept the improvements and authorize City staff to issue a bond exoneration letter for the performance and payment bonds.
Fiscal Impact:
The cost of preparing the staff report is estimated to be $350.
The approximate value of detention basin and easement trail facilities being accepted is $564,972.32. The cost to maintain these facilities will be covered through the Community Services operating budget.
The approximate value of streetlight facilities being accepted is $45,000. The cost to maintain these facilities will be covered through the existing Public Works operating budget.
Recommended Action:
Accept the public improvements, authorize the Mayor to sign the Certificate of Acceptance, and authorize staff to issue a bond exoneration letter for Performance and Payment Bonds for (Project / Performance Bond Number / Improvement):
• Planning Area 14 Detention Basin / 30240651 / Basin Reconstruction Improvements • Cherry Ave Street Lights / 30240653 / Street Lighting Improvements • Southern California Edison Easement / 30240652 / Easement Trail Rehabilitation Improvements
Attachments:
A. Tri Pointe Homes Settlement Agreement with Exhibits
B. PW2025-0324 PA 14 Detention Basin Performance Bond -x Package C. PW2025-0319 Cherry Ave Street Lights Performance Bond -x Package D. PW2025-0321 SCE Easement Performance Bond -x Package E. Certificate of Acceptance
DI
SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT ("Agreement") is made and effective this 101 day of February, 2025 ("Effective Date"), by and among the CITY OF BEAUMONT, a municipal corporation organized and existing under the laws and Constitution of the State of California ("City"), and TRI POINTE HOMES IE-SD, INC., a California Corporation ("Tri Pointe") (collectively, the "Parties," and individually, a "Party").
RECITALS
A. Tri Pointe is the master developer of a master -planned community in the City commonly referred to as "Sundance".
B. The Sundance property is subject to the Development Agreement No. 04 -DA -06 ("Sundance Development Agreement") between the City of Beaumont and Pardee Homes as well as the Sundance Specific Plan, as amended ("the Sundance Specific Plan"). The Sundance Development Agreement was recorded as Instrument No. 2006-0172944 in the Riverside County Recorder's Office on March 10, 2006.
C. Tri Pointe is the current party to the Sundance Development Agreement and Sundance Specific Plan as the successor to Pardee Homes via a name change filed with the California Secretary of State on January 4, 2021, filing number A0851046.
D. The City by letter dated May 13, 2024, but sent on May 14th, to Tri Pointe stated that Tri Pointe is "not in good faith compliance with the Development Agreement [Sundance Development Agreement (DA No. 04 -DA -06)]." The underlying basis for the City's November 2nd letter is that the City wants Tri Pointe to construct and widen the Southern half of Brookside Avenue for the entire length from Cherry Avenue to Highland Springs Avenue; and also along Highland Springs Avenue, adjacent to Planning Area #48 as well as underground overhead utilities from Cherry Avenue to the Easterly boundary of the City on Brookside. Tri Pointe by letter dated May 28, 2024, disputed the City's contention. The Parties have had several meetings and have come to a resolution to the forgoing dispute ("Dispute"). The Parties agree that Tri Pointe shall have no obligation to improve Highland Springs Avenue adjacent to PA 48, nor shall Tri Pointe have any obligation to improve the intersection of Cherry Avenue and Brookside Avenue. In addition, the City has determined that it is not currently feasible to require Tri Pointe or other currently pending applicants to widen the above portion of Brookside Ave or to underground overhead utilities on Brookside Avenue between Cherry Avenue and the easterly boundary of the City on Brookside Avenue. In place of such widening and undergrounding on the above portions of Brookside Avenue, the City will receive a lump sum payment from Tri Pointe and performance of the other covenants and promises contained herein.
E. The purpose of the Agreement will be to resolve the Dispute, and resolve several issues that have also arisen as specifically provided in this Agreement.
F. Without any admissions of any type or nature concerning the Dispute, the Parties hereby desire to resolve the dispute and to settle and compromise the Dispute upon the terms and conditions hereinafter set forth solely in order to avoid the risk, expense and uncertainty of litigation.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Recitals Incorporated. The Recitals set forth above are incorporated by this reference as though fully set forth herein.
2. Brookside Avenue. In fulfillment of Tri Pointe's obligations related to the Dispute concerning the Brookside Avenue improvements, Tri Pointe shall pay the City the sum of Five Million Dollars ($5,000,000.00) in immediately available funds by wire transfer within forty-five (45) days of the Effective Date of this Agreement. If Tri Pointe fails to pay such sum, the City may rescind this Agreement upon five (5) days' notice and opportunity to cure provided to Tri- Pointe. Upon receipt of wire, City agrees to accept ownership and maintenance of Lot A and Lot 105 of Tract Map 31469-6 and Lot B and Lot 98 of Tract Map 31469-5 within ninety (90) days.
3. Planning Area 14 Detention Basin. Tri Pointe shall modify the existing Planning Area 14 Detention Basin (APN 419-020-065, 419-020-079, 419-211-009 & 419-020-080) plans as required by the Sundance Specific Plan to delete the planned dog park and landscape the interior slopes of the Detention Basin with non -irrigated native hydroseed to the City's satisfaction, apply 5 -foot wide and 4 inch deep decomposed granite walking path along the Detention Basin, install mow curb along the edges of the pathway and re-establish the tops and toes of the slopes and bottom of the basin for the parcels as depicted in Exhibits A-1 and A-2 hereto, which are incorporated herein by this reference. Tri Pointe shall pay for all costs to make the improvements to the Planning Area 14 Detention Basin. The City shall require inspection fees and permits for said work. The City shall take over ownership and management of the Planning Area 14 Detention Basin (APN 419-020-065, 419-020-079, 419-211-009 & 419-020- 080) within ninety (90) days after completion to City's satisfaction.
4. Cherry Avenue Street Lights. At its sole cost, Tri Pointe will install 7 non -solar permanently powered street lights along Cherry Avenue between 8th Street and Antonell Court of the type depicted in Exhibits B-1, B-2 and B-3. Tri Pointe shall submit to City a light plan consistent with these exhibits, which shall be subject to review and approval by City.
5. Southern California Edison Easement. Southern California Edison has two easements over the Sundance Property (APN 408-090-065 & 408-090-066). Tri Pointe shall rehabilitate the existing asphalt trail in the western portion of the easements as depicted in Exhibit C, which is incorporated herein by this reference. Tri Pointe shall obtain any approval, if required, of SCE and shall construct a new 10 -foot -wide asphalt trail on a parcel along the southern boundary of the eastern portion of the easement. The perimeter of the trails shall be bordered with a meandering 1 -foot wide minimum to 3 -foot wide maximum strip of decomposed granite with a rolled edge. Tri Pointe shall submit to City for approval a conceptual decomposed granite plan prior to installation. The new trail will be constructed from Starlight Avenue to Highland Springs Avenue with three inches of asphalt on native soil and the remainder of each easement shall be "smoothed out", which for the purposes of this Agreement means that large rocks, trash and dump piles will be removed, and the area sprayed with non -irrigated native hydroseed all of which is as depicted in Exhibit C hereto and made a part hereof by this reference. The City shall require inspection fees and permits for said work. Upon completion of the aforesaid improvements to the satisfaction of the City, the City shall take over ownership and management of the Southern California Edison Easement parcels within ninety (90) days after completion of the work to City's satisfaction. All of the above shall be completed at Tri Pointe's sole cost and expense.
2
6. Maintenance and Performance Bonds. Within thirty (30) days after executing this Agreement, the City shall inspect for completeness only and approve any bonded improvements listed in Exhibit D, the City agrees to reduce the corresponding bond listed in Exhibit D by eighty (80) percent. City shall also exonerate all of the Maintenance Bonds identified in Exhibit E, that is attached hereto and incorporated by this reference, within the one- year anniversary of the acceptance by the City of the project improvements. City shall retain and keep any Tri Pointe deposit the City currently has in its possession to reimburse City for staff time and legal fees related to resolving the matters addressed in this Agreement.
7. Tri Pointe to Provide Performance Bonds and Payment Bonds. Thirty (30) days after executing this Agreement, Tri Pointe shall provide City with performance bonds and payment bonds in form and content acceptable to City for the improvements described in Section 3, 4 and 5. Said bonds shall comply with the requirements for bonds securing submission improvements under the subdivision map act in the City. City will not charge Tri Pointe bond exoneration fees to release the bonds described in this Section 7 and agrees to release the bonds within ninety (90) days of completion of the improvements to City's satisfaction.
8. Release of Building Permits. Upon full execution of this Agreement, the City agrees that it will issue building permits that were previously withheld due to the Dispute; and That the City will release, and not withhold, any building permits, certificates of occupancy or other necessary inspections for any home in the Sundance Development.
9. Deadline for Tri Pointe's Completion of the work and improvements required by this Agreement. Tri Pointe shall complete the work and improvements required by this Agreement and the Exhibits within one year of the Effective Date, time being of the essence. Tri Pointe's failure to complete all work and improvements within this one-year period shall be a material breach entitling the City to pursue all rights and remedies_available at law or in equity.
10. Sundance Development Agreements Not Effected By This Agreement. The City confirms that Tri Pointe is not in default under the Sundance Development Agreement.
The Sundance Development Agreement and the covenants contained therein are not modified nor terminated by this Agreement except as to the specific obligations listed in this Agreement.
Failure by either party to perform any material action or covenant required by this Agreement within the time periods provided herein following notice and failure to cure as described hereafter constitutes a "Default" under this Agreement. A party claiming a Default shall give written notice of Default to the other party specifying the Default complained of. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other party, and the other party shall not be in Default, if such party within thirty (30) days from receipt of such notice cures such default, or if the nature of such Default is such that it cannot reasonably be cured within such thirty day period, then the claimant shall not institute any proceeding against any other party, and the other party shall not be in Default, if such party shall, with due diligence, commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with diligence, as soon as reasonably possible.
11. Dispute Resolution and Mediation. The Parties agree that differences of opinion regarding the obligations of the Parties under this Agreement shall be discussed as soon as practically possible following awareness of a conflict. Before commencing any legal action, the Parties shall attempt early resolution of conflicts through mediation administered through the rules and procedures of JAMS. The Parties agree that documented willingness to participate in mediation is a condition precedent of any later legal action.
12. Notices. Any document or notice required or permitted under this Agreement shall be in writing and shall be deemed duly delivered if delivered or addressed as set forth below: (a) Upon personal delivery; or (b) as of the third day after depositing such document or notice in the United States mail, certified mail, return receipt requested, postage prepared; or (c) as of the first business day after depositing such notice with a nationally recognized overnight courier services expenses prepaid. A11 documents and notices shall be addressed as follows:
To the City:
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
Attention: City Manager, City Clerk
To Tri Pointe:
Tri Pointe Homes IE-SD, Inc.
1250 Corona Pointe Court, Suite 600
Corona, CA 92879
Attention: Michael C. Taylor
With a Copy to:
Slovak Baron Empey Murphy & Pinkney
1800 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: John O. Pinkney, Esq.
With a Copy to:
Jackson Tidus
2030 Main Street, Suite 1500
Irvine CA, 92614
Attention: Michael L. Tidus, Esq.
13. Release. In consideration of the covenants herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Tri Pointe for itself and its agents, representatives, predecessors, successors, assigns, and all those who claim through them or could claim through them (collectively, "Releasors") unconditionally and irrevocably remise, waive, satisfy, release, acquit, and forever discharge CITY, and each of its present, former, and future administrators, attorneys, insurers, agents, representatives, predecessors, successors, assigns, employees, contractors, departments, officers, city managers, council members, and each person or entity acting or purporting to act for them or on their behalf (collectively, "Releasees"), and each of them, respectively, from and against any and all past and present claims, actions, suits, counterclaims, damages, injuries, attorney's fees, expenses, claims, rights, causes of action, lawsuits, losses, arising out of or in any way related to the Dispute and the City withholding issuance of building permits for homes in the Sundance Development prior to the Effective Date of this Agreement (collectively, the "Released Matters").
14. Waiver of California Civil Code Section 1542. In giving the releases herein, Tri Pointe specifically waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code, which provides as follows:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
15. No Assignment of Rights. Tri Pointe represents and warrants that it is the true holder of all rights and remedies released by this Agreement, and that it has not assigned nor transferred any of those rights or remedies to any other individual or entity.
16. Exclusive Remedy. By executing this Agreement, the parties agree that, except as otherwise stated herein, the rights and remedies provided in this Agreement shall be the sole and exclusive rights and remedies surviving as between them relating to the Claims.
17. Authority to Execute. By signature below, each signatory signifies that he or she is an authorized signatory of the Party on behalf of whom he or she executes this Agreement.
18. Duplicate Originals. This Agreement may be signed in counterparts and the executed counterparts thereof shall together form the executed Agreement. A copy of a fully executed counterpart of this Agreement, including an electronic or facsimile transmission of a fully executed counterpart, may serve as an original, fully executed counterpart.
19. Governing Law and Venue. This Agreement is entered into in the State of California and is governed by the laws of the State of California. Venue in any litigation to enforce or interpret this Agreement shall be in Riverside County, California.
20. No Admission of Liability. The Parties agree that neither the execution of this Agreement nor the terms of the Agreement shall be construed as an admission of liability by any Party or an admission of any claim against a Party.
21. No Representation by Parties. This Agreement contains the sole and entire agreement and understanding of the Parties with respect to the entire subject matter of the Agreement, and any and all prior discussions, negotiations, commitments, or understandings related to this Agreement, if any, are merged in this Agreement. No representations, oral or otherwise, express or implied, other than those contained in this Agreement, have been or shall be deemed to have been made by any Party. No other agreement shall be deemed to exist or to bind the Parties with respect to the subject matter of this Agreement.
22. Amendments/Modifications. No provision of this Agreement may be amended or modified except by a writing executed by each Party.
23. Successors. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors and permitted assigns.
24. No Third Party Beneficiaries. There shall be no third -party beneficiaries of this Agreement.
25. Headings. The headings of the paragraphs of this Agreement are inserted solely for convenience of reference and are not a part of and are not intended to govern, limit or aid in the construction of any terms or provision hereof
26. No Waiver. Failure or delay on the part of the Parties to enforce any right, power, or privilege under this Agreement shall not be deemed to constitute a waiver of such right, power, or privilege, or of any other right, power, or privilege.
27. Provisions Equally Construed. This Agreement was drafted by the mutual enterprise of the Parties and shall not be construed in favor of or against any party, but shall be construed equally as to both parties.
28. Consultation with Counsel. The undersigned hereto declare and represent that each has had the opportunity to consult with legal counsel of their own choosing concerning the advisability of entering into this Agreement; that they have read and understood the contents of this 5
Agreement: and that they execute the same of their own free will. Each party's attorney has reviewed this Agreement and has approved this Agreement as to form and substance.
29. Attorneys' Fees and Costs. In the event of litigation to enforce or interpret this Agreement, the prevailing party shall be entitled to recover their reasonable attorneys' fees and costs in said litigation.
CITY OF BEAUMONT
By:
Name: Elizabt Gibbs
Title: City Manager
Dated: cUribec 5 t1, 2015
ATTEST:
By:
Name: ,orjxt
Title: City Clerk �11 Ci}ii Cork.
Dated:
Absb-
TRI POINTE HOMES IE-SD, INC.
B
Name: Michae C. Taylor
Title: Division President
Dated: O
APPROVED AS TO FORM:
SLOVAK BARON EMPEY MURPHY & PINKNEY
By: 5FF_ ATTAr a -1E r)
Name: John O. Pinkney, Esq.
Title: City Attorney
Dated:
APPROVED AS TO FORM:
By: SEE ATTACHED
Name: Michael Tidus
Title: Attorney for Tri Pointe
Dated:
Agreement: and that they execute the same of their own free will. Each party's attorney has reviewed this Agreement and has approved this Agreement as to form and substance.
29. Aftorneve Fees and Costs. In the event of litigation to enforce or interpret this Agreement, the prevailing party shall be entitled to recover their reasonable attorneys' fees and costa in said litigation.
CITY OF BEAUMONT
By:
Name: Elizabeth Gibbs
Title: City Manager
Dated:
ATTEST:
By:
Name: Elaine Morgan
Title: City Clerk
Dated:
TRI POINTE HOMES IE-SD, INC.
By:
Name: lv chael"C. Taylor ;
Tide: Division President
Dated: O l — .— 202'
APPROVED AS TO FORM:
SLOVAK BARON EMPBY MURPHY & PHONEY
By: /'/'%'/
Name: John O. Pinlmey,
Title. City Attomey
Doted: 2_/Z6./z_91
APPROVED AS TO FORM:
By: 1111(14^2 j ).
Name: Michael Tidus
Title: Attorney for Trl Pointe
Dated:
6
EXHIBIT A-1
TRACT NO. 31460-3
V\i„ POR. OF LOT 89
A.P.N. 419-020-074
CHERRY AVENUE
LEGEND:
EXHIBIT "
ANNA IMANSIE ELEMENTARY SCHOOL
TRACT NO. 31468-3
POR. OF LOT 89
A.P.N. 419-020-075
/
TRACT NO. 31468-3
// LOT 88 /
A.P.N. 419-020-065,
EXISTING DETENTION BASIN SLOPES
AND BOTTOM TO BE RE-ESTABLISHED
AS BASED ON ORIGINAL DESIGN
DOCUMENTS. A.P.N. 419-020-065 &
A. P. N. 419-020-079
SHEET 1 OF 1
Till
SCALE: 1" = 250'
w
Z ji!--- LU
J Q
CC J
W C/)
Cu TRACT NO. 31465-4 Cu
* FREESIA WAY-- z
W
W w
C/)
CS
A. P. N. 419-020-080
CARNATION LANE
TRACT NO. 31468-3
PORTION OF LOT 96 f
A .P.N.419-020-080
TRACT NO. 31468-3
PORTION OF LOT 87
A.P.N. 419-020-079
PORTION OF LOT 9,
IN BLOCK 1, M.B. 009/010
A.P .N. 419-211-009
8TH STREET
2 26
3 4
21 EXISTING DETENTION BASIN
OUTLET. A.P .N. 419-211-009
EXHIBIT A-2
CHERRY AVENUE
TRACT NO. 31460-3
POR. OF LOT 89
A.P.N. 419-O2O-O74
ANNA HANSE ELEr1ENITARY SCHOOL
TRACT NO. 31460-3
POR . OF LOT 09
A.P.I. 419-O2O-O75
EXISTING VEGETATED
AREA TO REMAIN
TRACT NO. 31468-3
LOT 88
A.P.N. 419-020-065
EXHIBIT "A-2"
W
z
- J Q
J
W CD
z TRACT HO. 3146ES-4 Cu
i\
a
-FREESIA WAY --a
SCALE: 1" = 250'
SHEET 1 OF 1
Ui
ttr.3.1
T-
CARNATION LANE
LLI
W
CI
-1'
TRACT NO . 31468-3
PORTION OF LOT 96 k
A.P.N. 419-020-080
TRACT NO . 31468-3
PORTION OF LOT 87
1 A.P .N . 419-020-079
---------- _ ----- =- --- _ Erg
PORTION OF LOT 9,
IN BLOCK 1, M.B. 009/010
A.P .N. 419-211-009
LEGEND:
EXISTING DETENTION BASIN SLOPES
WITH NATIVE NON -IRRIGATED
HYDROSEED MIX.
APPROX. AREA = 3. 9 AC.
8TH STREET
5' W IDE 4" THICK DECOMPOSED
GRANITE TRAIL WITH CONCRETE
MOW CURB EACH SIDE.
r -
1 2
. 26
3 4
-BLUE ORCHID
21 I�II�,�II�WII I IIIilWIIi'WIIWWII
4 v
d
O
4 vd
4 G
O
•
1. MOW CURB WITH MEDIUM BROOM FINISH
2. FINISH GRADE - REFER TO NOTE # C
3. # 3 REBAR CONTINUOUS WITH 18 -INCH LAPS MIN.
4. 1/2 -INCH RADIUS TOOLED EDGES
5. CONTROL JOINT - REFER TO NOTE A BELOW
6. 90% COMPACTED SUBGRADE
8"
SECTION
NO SCALE
NOTES:
A. WEAKENED PLANE JOINT -10 FEET O.C. MAXIMUM. CUT CONCRETE WITH TROWEL EDGE TO DEPTH OF REBAR. TOOL FINISH JOINT USING GROOVER WITH 1.5 -INCH DEEP BIT.
B. ISOLATION I EXPANSION JOINT - PLACE AT ENDS OF MOW CURB ABUTTING OTHER IMPROVEMENTS (TYP.).
C. FINISH GRADE SHALL BE 1 -INCH IN LAWN AREAS AND 3 INCHES IN PLANTING AREAS (BELOW TOP OF MOW CURB).
D. CONCRETE SHALL BE CLASS 560-C-3250
77 79990V
vvvvvvvvvvvv-•
vvvvvvvvv
-vavvv
I
I j _
v
1. PLANTING AREA WITH MULCH
2. CONCRETE MOW CURB PER CITY STANDARD DETAIL 1302 ! ( EACH SIDE OF TRAIL)
3. STABILIZED DECOMPOSED GRANITE - 4 INCHES THICK (MIN.) PLACE AND COMPACT IN 2 -INCH
LIFTS - PER SPECIFICATIONS
4. FINISH GRADE - LAWN 1 -INCH AND SHRUB PLANTING AREA 3 INCHES
5. COMPACTED SUBGRADE - 95% REL. DENSITY
NOTE:
A. APPLY PRE -EMERGENT HERBICIDE TO SUBGRADE PRIOR TO PLACING D.G. MATERIAL - PER SPECIFICATIONS.
SECTION
NO SCALE
EXHIBIT B-1
BEAUMONT
--CAL F O R N I A -
CITY OF BEAUMONT
550 E. 6th Street, Beaumont, CA 92223
Phone (951) 769-8520 Fax (951) 769-8526
BeaumontCa.gov
PUBLIC WORKS MEMORANDUM
2/10/2020
The following is the recommended street light luminaries and poles.
Cobra Head street l ht luminaries shall be as follows:
Street Watts* Lumen* GE Evolve Catalog**
Class
Residential 15 1800 ERL1-0-O2-B3.27-A GRAY -L..
Residential 15 1800 ERL 1 -0 -02 -D3 -27 -A -GRAY -L
Cul-de-sac
Collector 41 4600 ERL1-0-05-B3-27-A GRAY L
Secondary 90 8400 ERL1-0-09-C3-27-A-GRAY-L
a: or 90 96001 ER.LH 0-1O C3.30 -A GRAY -L ..
Arterial 90 9600 ERLH-0-10-C3-3 0 -A -GRAY -L
*= Wattage and lumen values are for GE Evolve products. Approved alternatives shall be within value ±10% of the values stated.
**= If luminaire is not available or discontinued, the City of Beaumont Public Works Director shall recommend a replacement for each street class.
Pole sizes are as follows:
Street Pole
Class Height
(ft)
earciential . 23
Residential 23
Cul-de-sac
Seconda
a1Pr.:...
Arterial
31 Arm Arm Luminaire Ameron
Length Height Mount Contemporary
(ft) (ft) Hi ht (ft) Series
b ; 3 26 1CJ23
26 1C123
12 1�.:.
12 3
5 26 1C123
36 1C431
36 10431
36 1C431
Incorporated November 18, 1912
EXHIBIT B-2
.....whim •I
ryptt M�
LVE
ERLC Cobra Head
LED Roadway Lighting
Construction
41,
Housing:
Lens:
Paint
Weight
Aluminum die cast enclosure casting integral heat sink
for a rum heat transfer
Impact resistant tempered glass
Corrosion resistant powder paint,
z 2A ml thickness
(RAL & custom colors evadable)
Standard = Black, Dark Bronze, Gray, White
Optional = Coastal Finish
8.5 Ins (5.6 logs)
Optical System
Lumens: 2,000 - 7.000
Distribution: Type II Narrow, MP, II, V
Efficacy: 110-143 LPW
CCT: 270011, 3000K, 4000K & 5000K
CRI: z 70
Electrical
Input Voltage: 120-277V (no 347-480V)
Input Frequency: 50/60Hz
Power Factor: z 90% at rated watts
Total Harmonic Distortion: s 20% at rated watts
Surge Protection*
STANDARD OPTIONAL
10kV/5kA
Secondary 1okV/6kA (R Option) or
Secondary 20kV/lOkA (T Option)
*Per ANSI C1362-2016
CUSTOMER NAME -
PROJECT NAME -
DATE TYPE
CATALOG NUMBER
The Evolve' LED Roadway ERLC Luminaire is optimized utilizing advanced LED reflective optical system for local, collector and major roadways. The modem design incorporates the heat sink directly into the unit for heat transfer to prolong LED fife.
Lumen Maintenance
Projected Um per IES TM -2111 at 25°C
LUMEN
CODES
DISTRIBUTIONS
LXXIIOK) t- HOURS
25,000 50,000 60,000
HR HR HR
02 ,03, 04,
05 AS, E35, C5
L97
L93
L92
06 A5, 85, C5 L96 1.91 L69
LUMEN
CODES
DISTRIBUTIONS
LXX110KI @ HOURS
25,000 50,000 60,000
HR HR HR
02 ,03, 04, 05
06 V4 L98 L93
V4 L94 L90
L93
L88
Ratings
OPerating
Temperature:
Vibration
LM -79:
EMI:
RoHS
-40°C to 50°C
34 per ANSI C136.31-2018
Testing In accordance with IES Standards
Title 47 CFR Part15 Class A
Complies with the material restrictions of RoHS
Controls
Dimming: Standard - 0-10V
Optional - MU (Option U)
Seasons: Photo Electric Sensors (PE) available
UghtGrld Compatible
Warranty
—1 5 Year (Standard)
Notts product variations listed on thb page are 04.0 qudrbd. VIA( Ui \ vevned..tanlIghta cegyeareh to corvine quaYneat ono. IVU e
Li 10 Year (Optional)
R?m
r,
Current @
LED.com
O 202iClannt Lighting a.►awv. LLC M rtida nearved.Ytormaion.d410000Sons subject to chirpe without neaca M vitas w di, atypical values wtwn mwar.d u+tlxhbnwtmy°endMaa Pogo 2of20
(Rev 06/28/23)
otP3tetleat
V LVE
ERLC Cobra Head
LED Roadway Lighting
Ordering information
CUSTOMER NAME
PROJECT NAME
DATE
CATALOG NUMBER
ERLC
vP�
PROD. ID
VOLTAGE' LUh1 ENS DISTRIBUTION CCT CONTROLS PER ANSI C136.41 E. Evolve 0.120-2770 02.2000Im• A6.INorm 27 =2700K'
R = Roedwey B .120-240V 02=3000 kn B6 =lype,IM' 30 . 3000K` I.. Local 04.4000In Cti.Type s 40=4000K
C. Compact I =12➢V 05.5000Irn V4. Type V 80.5000K
2.208V 06•B000I n
3.240V 07.7000Im
4. 277V
A = 7 -Pin Receptacle
COLOR
BLCK = Bleck
D 7 -Fin Receptacle with Strorltg Cap ➢KHZ . Dark
OPTIONS
.Tetlnw
Ci . Captive Door
E=7Pin Recopied* nth Ding Life GRAY =Grey F. Fusing
rekvarnithig PE Control
W HTE= White 0 = Imarrrl Bubble Level
Nate 0.40V control atendrd unless DALI L .Tool -tees Entry Op ion r requested
d0 • Mag naPak'
R = Secondary 10kV/IBA BPD
T. Secondary 20kV/I0kA BPD
U. CALI RniEarnmable'
Vi = Raid Adluetbe Module'?
V=Coastal r ,'
XXX = Specie! Options
Rot Available with Fusing
* Unman choice only offered for 120-i240V
▪ See 130 plat of the BS Distribution
' Select 2700Kors000Kcar for lVAapproved units
a Cornpaiible with lIghtarld
• Recommended forkutlsibnwtU* 760 feat from coast Lead time varies. dncked%factory. ' Not eveleble with DALI' r option
• Option Mt provides far &Uman* - 40 FLtbraa per MrgnaPlk Cantarner. Single Pack box le standard Suggested HID Replacement
• ApproXimately 2,000 - 7,000 lumens to replace 50-100W HPS Cobra -head
Now adman replacement lumens may vary based upon moulting height pole epackg, design crlierle.etc.
PREVIOUS
OPTICAL
PATTERN
LATEST
NEW OPTICAL
PATTERN
A3
B3
C3
Type II Narrow
Type II Wide
Type Ib C6 Type III
N/A Type V
A6
B6
Type II Narrow
Type 111W
V4 Type V
The Intormatlon abase le designed to provide a guidable to satctthe correct kemkuire fora roadnay application The bast and most accurate way to ensure the proper design Is by doing a lighting layout
a
Not al product wlatlowt Bated on this page we DIG quelled.
Visit werw to confirm gWHfutons.
Current 0
LED com
02073Deccan Ughang Scealene.LLC. Ai darns ea n=d wannWon and epaclicatlma subleat ee cheep *thecae nonce NI vales we deg or tyavxr..wes when measured wear Waarrycordeem .
¢Saw 06/28/23)
OLP3167 Roe
V LVE
ERLC Cobra Head
i LED Roadway Lighting
CUSTOMER NAME
PROJECT NAME
DATE TYPE
CATALOG NUMBER
LUMEN
OUTPUT
LUMENS WATTAGE BUG RATINGS
-- - — —
01ST.
4000K/5000K 3000K
` -- -
2700K
- -
120-277V 400CK/5000K
3000K
2700K
02 AS
2000
1940
170c
16 Bt-UO-Q1
B1 -U0 -G1
B1 -U0-41
116
2000
1940
1780
15 81-U0-01
B1-10-01
61-U0-31
C6
2000
1940
1780
16 81-UO-01
51 -U0 -G1
B1-Uo-G1
V4
1990
1960
1890
15 BI-UO-GO
91-UO-GO
B1-UO-GO
03 A8
8000
2910 -
2540
22 --
B1-10.31
- B1 -U0-01
81-10-01
15 3000
2910
-
2840
22 81-UO-01
81-U0-01
B1 -U0 -G1
- -
1 3000
2910
2840
22 81-U0-31
81-U0-31
81-)0-01
B1 -U0-00
V4
3100
3030
2960
28 B1 -U0-00
81-10-00
A6
4000
3830
3620
28 B1-UO-131
B1-10-01
B1 -U0-31
04 96
4000
3880
3520
28 81-00-01
81-110-01
B1-10-01
- -
Bt-UO-G1
C8 4000
3880
3620
28 81-UO-01
91-UO-G1
V4 4030
3940
3840
32 02 -10 -GO
82-110-G0
B2 -U0-06
06 A6 6000
4860
4400
8!.
91-00-01
B1-10-01
81-10-01
85 8000
4850
4400
36 B1-UO-01
B1 -U0411
-
81-110-01
C6
6000
4850
4400
86 B1-110.0?
61-00-02
Bt -10-31
-
1 -
B2 -U0 -G1
B1 -U0 -G1
V4
6200
6080
4960
43 B2 -U0-01
B2 -U0-31
AB
8000
5820
5280
48 92410-02
B1 -U0 -G1
06 86
8000
6820
5280
48 -
B1 -U0-92
81-U0-02 i
-
B1-10-02
CB
6000
5820
5280 48
81-00-32
51-10-02
Bt -U0-02
52-10-01
V4
8350
6220
8050
55 B2-UO-a1
B2-110-01
Al
7000
8790
6160
66 82410-02
82-110-02
82-110-02
07 86
7000
8790
6160
56 B1-10-02
B1 -U0-02
81-U0-02
CB
7000 6790
6150 56 B1-10-02
B1410-02
81-110-02
For additional Information on ERLC IES files, please click one of the following links:
Current
LECUDOrn
02023 Cani8 U¢W geaAMana,110.81 Aphta marred MdanrsAlon and speoile d eabjeatla change w1ltioatrnllua p wtoas we darlpl or Apical vdaeeveMn Amami 'alder Monday aandtlane.
06128/23)
OLP3187-R08
V LVE
ERLC Cobra Head
LED Roadway Lighting
ERLC
Type II Narrow
5,000 Lumens
4000K
ERLC 05A540 IES
ERLC
5,000 Lumens
4000K
ERLC 058540—IES
This optic Is designed to sddtue ■
Roadway Photometric Apptiutron
and rosy classify n Type II or Y.
ERLC
5,000 Lumens
4000K
ERLC 050540 _JES
ERLC
5,200 Lumens
4000K
ERLC 05V440 ,IES
}
Mounting Height at 30'
Initial Footcandle at Grade
2;
Mounting Height at 30'
Initial Footcandle at Grade
4s
12 Mounting Height at 30'
Initial Footcandle at Grade
Mounting Height at 30'
Initial Footcandle at Grade
CUSTOMER NAME
PROJECT NAME
DATE TYPE
CATALOG NUMBER
—Vertical plane at max Cd horiz. angle
— Horizontal cone at max Cd vert. angle
—Vertical plane at max Cd horiz. ang e
—Horizontal cone at max Cd vert. angle
—Vertical plane at max Cd horiz. angle
— Horizontal cone at max Cd vert. angle
—Vertical plane at max Cd horii angle
—Horizontal cone at max Cd vert. angle
Current o
LED.00m
02023 Currant rl np 6okAmw. LIZ. Al rib iprn& Information rd ,p. n.wEjpttb chomp without nuke PIwhin n design a typical values when nrawnl uygrlobookory epn9eons Page I or 20
(Rev 06/2823)
OLP9187_R06
Mounting
V LVE
ERLC Cobra Head
LED Roadway Lighting
ADJUSTABLE FOR 1-1/4 to 2lnch PIPE
—(1.660 to 2.375 Inch ODJ
142 to 60 mm OD]
• Adjustable for 125 to 2 in. nominal mounting pipe
• Integral diecast mounting pipe stop
• Slipfrtter with +/ 5 degrees of leveling ac justrnent Effective Projected Area
• O.3tag ftmax(0029sgm)
Weight
• Approximate net weight 8.5 lbs (3.8 kgs)
CUSTOMER NAME - -_
PROJECT NAME
DATE TYPE
CATALOG NUMBER -
Accessories
SAP NUMBER PART NUMBER DESCRIPTION
93029237E
93029238(3
93029239E
PED-MV-LED-7
QED -347 -LED -7
PED-480-LED-7
ANSI 0136.41 Dimming PE.
120-277V
ANSI C136.41 Dimming PE,
347V
ANSI 0138.41 Dimming PE,
480V
28299 PECOTL Standard 120-277V
)XXXXX PECHTL Standard 347-480V
73251 SCCL-PECTL Shorting Cap
e.• pages 22 & 23 for mon &Awm Information on ERLC Welds.
Networked Lighting Control
Current's L,ightOrklm" Outdoor Lighting Control
System Is designed for Street and Roadway
Applications. It enables remote monitoring, control,
and asset management of a single Posture or a
group of fixtures through a web enabled Central
Management System.
Current 0
LED.com
02023 CixtentL,gndno Solutions, LIL'.Al tights issionisd.lotonstionm d specilkallonssolgosttod • without notice. Alvan, aro &slip or typical ysixs *on intissund web, labotstoty coodtionr.
Po(to 0 0120
(Rev 06/28/23)
V LVE
ERL1 Cobra Head
LED Roadway Lighting
Construction
Housing:
Aluminum die cast enclosure casting integral
heat sink for maximum heat transfer
Lena: Impact resistant tampered glass
Corrosion resistant powder paint,
2.0 ml thickness
Paint (RAL & custom colors available)
Standard = Black, Dark Bronze, Gray, White
Optional = Coastal Finish
Weight: 124 lbs (5.6 kgs)
Optical System
Lumens: 2,000 -15,700
Distribution: Type 1,111, IV, Type II Narrow
and Type II Enhanced Backlight
Efficacy: 111-140 LPW
CCT: 2700K 3000K, 4000K and 5000K
ON: ≥70
Electrical
Input Voltage: 120-277V or 347-480V
Input Frequency: 60/60Hz
Power Factor: a 90% at rated watts
Total Harmonic Distortion: s 20% at rated watts
Surge Protection*
STANDARD OPTIONAL
10kV/5kA
Li Secondary 10kV/5kA (R Option) or
i Secondary 20kV/lOkA (T Option)
*PerANSI C136.2-2010
CUSTOMER NAME
PROJECT NAME
DATE TYPE
CATALOG NUMBER
The Evolve° LED Roadway ERL1 Luminaire
is optimized utilizing advanced LED reflective optical system for local, collector and major roadways. The modem design incorporates the heat sink directly into the unit for heat transfer to prolong LED Ira
Lumen Maintenance
Projected Lxx per IES TM -21-11 at 25°C
02 p3, 04.
06, 06
07,08
09 10
11 A5, B5, C5, D5, E5 L96 194
A5, 85, C5, D5, E6
A5, B6, C5, 05, E5
A5,85,C5,05,ES
A5, 85, C5, 05, E5
12 A5, 85, C5, D5, E6
13 A5, B5, C5, D5, E5
14 A6, 86, C6, D5, E5
16 A5, B6, C6,DE, E5
16 A5,SS, C5,DS, E5
L99
198
L94
L93
1_96
L86
L95
1_93
L91
198
L97
L87
185
L95
1.94 1.92
188
L85
L93
LOS
L96
L84
1_82
L94
L93
L91
186
1.83 Natt•: Projected bat based on IMO Et 10O00 hour towns). Accepbd Whitby tolerances apply to hi9hr Whom flux end lumen msfntanartn measurements Ratings
Operating Temp: -40°C to 50°C
Vibration: 30 per ANSI C136.31-2018
LM -79: Testing In accordance with IES Standards
EMI: Title 47 CFR Part 16 Class A
RoHS: Compiles with the material restrictions of RoHS
Controls
Dimming: Standard -0-10V
Optional-DALl (Option U)
Sensors: Photo Electric Sensors (PE) available
LlghtOrld Compatible
Warranty
ri5 Year (Standard)
G
10 Year (Optional)
qb5
CONTROLS
FflWtE°
Current ( )
tED.00rn
0 2023 CLlera Upleeq $oWaw. LL0, Al dohs mend. Nfortre0 xr endspecalae°ro euh¢dte deeps wthoucn°aos Stumble n.sign agryled yaws when mewed underLtroreeey conclbant.
(Rev 06/28/23)
OLP3187_R0e
V LVE
ERL1 Cobra Head
LED Roadway Lighting
Ordering Information
CUSTOMER NAME
PROJECT NAME DATE TYPE
CATALOG NUMBER
ERL1
PROD. ID
VOLTAGE LUMENS
DISTRIBUTION' CCT
CONTROLS. PER ANSI Ct36.41
COLOR
OPTIONS
E • Evolve
0.170-277V0
02. 2000 kn' A8. Type I Narrow
R • Roadaey H. 347.480N OZ. 3000 in B6 =Type
L • Loan 1.120V
1. Single 2.208V
Module
8. 240V
4.277V
8.120-240Vo
6.420V
D. 347V
04. 4000 Inn C6. Type II
06 5000bm 06 =Typo iv
es • 6000 Im ES .1ype.I Enhanced
07=700002
08. 8000 lm
09. 9000 kn
10-10000Im
11 - 11000 an
12.12000 kn
13.13000 dm
14. 14000 dm
16 . 16000 int
18 .18000 kn
Back Light
V •2700K'
80 = 3000K'
40.4000K
60-5000K
A = 7 -Pin Receptacle
D=7 -Pin Receptacle with
Scram cop
E = 7 -Pin Receptacle with
non -dimming Long Ufe PE
Note 0-10V startriud
OKAY. lay
A.4 Boft StpfHbr'
BILK •Black 8•Teter
DI03Z=Dark F. Fuming
Bronze
WHTE• While G. Internal Babble Level
I . Gotland P66 Optical Endears
L = Tool -Lid Entry
R =Enhanced Siege
Protection (0KV/I9rA)
T • S.eendry 20kWalikA BPD
U=DAUPlo7arrn bIo'
VI= Field Adjustable Module,.
X . Single Peck'
V = Coedit F#Jsh'
XIOt • Special 0ptlone
F+r•h+g require. discrete volt.ge.
s 02Lumen Level, Voltage optional.%3 and Ionly
▪ Nominal ES Type and classing subject to typical variation, Individual units mey dim Select 2700K or 3000E COT for IDA spfxaved site
• Lead time varies, contest Factory
• Compatible wIth Ught&kl
' Not warble In347LI;480Vor347•480Vfor Lumen Output Levels 08-16 • Option provides sing* pack box per fixture. Standard peck ging.23 units per MagnaPak Container
• Recommended for installations within 750 feet from coast. Lead time roles, check with factory. a Nat available tufts DAL "U= option
• Onty available with 02 Lumen Code
s Not compatible with 02 Lunen Code
Suggested HID Replacement
Approximately 2,000-3,000 lumens to replace 50W 70W HPS Cobra -head Approximately 4,000-5,000 lumens to replace 100W HPS Cobra -head Approximately 7,000-9,000 lumens to replace 150W HPS Cobra -head Approximately $000-12,000 lumens to replace 200W HPS Cobra -head Approximately 12000-18,000 lumens to replace 250W HPS Cobra -head Note: aobml replacement lumens mayvary batted upon maw height. pole spacing, design afterta, etc.
Current 0
LED.cam
02023Oar.rt Upham Saligiens. rtde asav=d. Herniation and .peoA toiu••e1•Nth ohmage without wawa Ai velum ors design or 441.1 NAM Ireton measured underkeorday conditions.
Page Sof20
(rte 06/28/23)
V LVE
ERL1 Cobra Head
LED Roadway Lighting
CUSTOMER NAME -
PROJECT NAME
DATE TYPE
CATALOG NUMBER
LUMEN
DIST.
OUTPUT 5000K/
TYPICAL
INITIAL
LUMENS
WATTAGE
--
DUG RATINGS
—
4000K
30001
--
27001
-
1S0V
2T7V
---- -
347V &0001;40001
490V
•77
"- t]'�<
27001
AS
B1 -U0-01
B1-110-01
91-00-01
02 B6
2000
1800
190'0
16*
01/A
Bt-UO-a1
B1 -U0-131
B1 -U0 -a1
CS
Bi-00-91
B0 -U0-01
B0-00-91
05 B0 -U0-01
90-00-91
60 -U0 -G1
ES
91 -Do --U1
91-U0-191
91-00-01
03 AS
3000
2900.
2800
I
22 26
61-00-91
91-UO-01
BI-UC-01
B6
B1-UO-G7
51-U0-01
81-Uo-at
CS
91-00-01
91-00-01
B1-00-01
05 B1-00-01
51-U0-01
B1 -U0-01
E5
81-00-91
B1-00-01
81-U0-01
04 A5
4000
3800
3900
29 33
61-00-01
e1-00-01
61-uo-01
85 81-00-91
81 -U0 -G1
B1 -U0-01
C6
61-00-01
91-00-01
- 61-00-01
D6
81-00-01
B1 -U0 -G1
B1-00-131
Eli
81 -U0 -G1
91-00-01
B1 -U0 -G1
05 AS
6000
4800
4700
37 38
61 -U0 -G1
91-00-01
91-U0-01
66 B1-00-91
81-00-91
91-U0-01
06 61-00-91
61-00-G1
91-00-01
D5
61-00-01
91-00-91
B1-UO-G1
ES
92-U0-02
61-UO-G1 B1 -U0-91
09 8000
6800
6700
46 49
62-UO-92
62-00-G2 82-UO-92
05 81-00-a1
B1 -O0-91 51-00-01
CS
B1 -00-a2
B1 -U0-02 6W0-02
08 61-U0-02
91-00-32 - B1 -U0-92
E6
92-00-02
62 -U0 -G2 82-00-02
07 A5
7000
6700
6200
60 61
i
82-U0-92
92-U0-02 82-00-02
B5
B1 -U0-92
81-00-92 81-00-01
C6
61-UO-02
B1 -U0 -G2
61-00-92
D6
B1 -U0-92
91-00-92
61-00-02
ES
B2-00-92
B2 -U0 -O2
82-00-02
06 AS
8000
7600
7100
68 92 -U0 -i2
62-00-02
J
82 -U0 -a2
BS
- B2 -U0 -G2
82-00-02
B1-UO-02
C6
91-U0-92 B1-00-32
81-00-G2
D5
B1-00-02 91-00-92
81-u0-92
ES
B2 -U0-92 B2 -U0-92
32-U0-02
09 AS
8000
8800
8000
66 82-00-G2
92-00-92
92-00-02
85 52-U0-92
B2-00-02
B2-00-02
C6
61-00-92
81-00-92
51-00-02
06 B1-00-02
B1-00-02
61-U0-02
E6
82-00-02
82-U0-92
- 82-00-92
N01fE`. • 120-240V only
For additional information on ERL1 IES files, please click one of the following Bnks:
Current @
LED,cor
C 2023 Grnrt LIpHMfp Salutliarrs,LLC.AI dphte maned Wanda, spedficadone aullectta dung. without nabs. W vkw... daipi atypical yams what m.a.a.dunder hbumlayco dbay.
(Rev 3)
C4P9167_R06
V LVE
ERL1 Cobra Head
LED Roadway Lignt+ng
CUSTOMER NAME
PROJECT NAME - - -
DATE TYPE -
CATALOG NUMBER -
LUMEN
OUTPUT
Ol�y..t.
TYPICAL
INITIAL
LUMENS WATTAGE
BUG RATINGS
S00DK/
c0D0K
3000K
2700K /20V 347V
277V 480V
5000K/4000K
3000K
210JK
10 AB
10000
9800
8900
76 82-1)0-02
B2 -U0-02
82-1)0-02
86 C6
B2 -U0 -O2
82-U0-02 82-U0-02
B2-1)0-02
82-U0-02 B1db-02
05 B1-UO-02
B1 -U0-02 B1 -U0-02
ES
B3-UO-03
B2 -U0-02
B2-1)0-02
11 A6.
11000
10600
I 62
9700
87 B3 -U0-03
83-U0-03
B2 -U0-02
-
86 -U0-02
B2 -U0-02 B2 -IM -02
C6
B2 -U0-02
62-1)0-02 � 52-UO-02
05 82-U0-02
82-1)O-02 B1 -U0 -O2
E5
93-U0-03
83-U0-03 83-UO-03
12 A6
12000
11600
11100
92 B3 -U0-03
83-110-03 83-U0-03
B6
82-1)0-02
B2-UO-02 B2 -U0-02
C5
B2-1)0-02
82-U0-02
B2 -U0 -O2
06 B2-UO-02
82-U0-02
52 -U0 -O2
EB
B3-1)0-03
63-U0-03
B3 -U0-03
13 AB
13000
12400
12000
102
63-1)0-03
83-U0-03
B3 -U0-03
116
B2-UO-02
92-1)O-02
82-L0-02
C6
82-U0-03
82-U0-02
B2 -U0 -O2
05 B2 -U0-02
I
62-1)0-02
82-1)0-02
E6
83-U0-03
83-U0-03
83-1)0-03
14 A6
14000
13400
13000
110
93-U0-03
83-UO-03
834)0-03
66 B2 -U0-432
92-U0-02
B2-UD-02
C6
82-1)0-03
82-1)0-03
82-U0-03
05 B2-1)0-02
82-U0-02
62-1)0-02
E6
63-110-03
83-1)0-03
83-U0-03
15 AS
15000
14400
13800
121
83-1)0-03
83-U0-03
99-U0-03
B6
634)0-03
B2 -U0-02
62-1)0-02
C6
82-1)0-03
82-U0-03
82-1)0-03
05 B2 -U0-02
B2-UO-02
82-U0-02
E6
03-U0-03
BS -U0-03
83-1)0-03
16 A6
15700
16000
14600
129
63-U0-03
83-U0-03
83-U0-03
86 83-00-03
BS -U0-03
82-1)0-02
C6
_ 82-1)0-03
I B2-UO-G3
B2-UO-03
06 _ B2 -U0-03
82-1)0-03 _
82-U0-02
E6
93-1)O-03
83-U0-03
63-U0-03
For addltional Information on ERL1 ES files, please click one of the following Inks:
Nan -Shielded
Shielded
Current @
LED com
C 2023 Mwrf )7ha*W awlany LIZ AI d91b reserve& I+fannerkn anddpeeMWona dugect to rhr+P without nabs. AI volumes deN9n« typical valued wFen measured wider bbaralvyavr3bna Pago 10 c$20
l>4ev oa/23/13j
oLP3187J108
V LVE
ERL1 Cobra Head
LED Roadway Lighting
ERL1
Type H Narrow
16700 Lumens
5000K
ERL1_16A550___IES
ERL1
'1 Wide
15700 Lumens
5000K
ERL1_16B550__.IES
ERL1
15700 Lumens
5000K
ERL1_16C550�JES
ERL1
Type IV Short
15700 Lumens
5000K
ERLi 16D55(Q__JES
ERL1
Type II Medium
15700 Lumens
6000K
ERL1 16E550__JES
ISO Illuminahr diagrams and polar plots arc
repreaentative of the SKW Ilustratad.
Raferto ES Miss tor&KU spectlb Information
Ii•IIIKI !i■r■I
!■■■■
it
111■■■
■
■■
III
SIII■■■
01 I• ■■■!Inns
■■
■■■iiffll
PI
MN
I■■■ilflluiil■■■
III ■■Itilllrf4■■■
!I■■■■IIIINII
=
I■■■■Lrlllill■■■
i.....:ti•uu
Mounting Height at 30'
• Initial Footcarnde at Grade
iuu•1■fL.■■■I
I■■■1IRSI!]■■■I
I■■■■►!!!slid'■■■I
I■■■■III■I11■t■I
■■■■iII■1'4■■•
I■■■■I'I MILII■■I
I■■■i II EIJ■■■I
I■■■■1INIR El■■tIMEMELSEVE
I ••UUd•••i
Mounting Height at 30'
• Initial Footandle at Grade
■■■■■■■■■■
■■■■rilla■■■
■■■■MlltIM■
■■■■4riiIlI
■■■■IIIMiu•■■
■■ ■■
■■■■iWIII■rf!■■
■■■■111:IIilllfl■■
III
III
III■■
IliiIMININ
■■■■■iM■■■
Mounting Height at 30'
• Initial Footandle at Grade
hiliminirl
IN EfferifiNIII
It■■M■=RI
I■■■S fly
Nu ill
MR 111V-AIII
I■■■■iimi■i
mommimmmos
Mounting Haight at 40'
• Initial Footcandle at Grade
.IM --IM
-».
M■■1
■•r
III ■MINIM
i■■uI■■
I■■irl■■Iilr■Il
i■■I11■■I
U
II■■II
VIII I
■■iIfi■aIi■■!
....MIl=i1
...
Mounting Height at 40'
• Initial Footeandle at Grade
CUSTOMER NAME
PROJECT NAME
DATE TYPE
CATALOG NUMBER
—Venial plane at mix Cd horiz. angle 80'
--Horizontal cone at max Cd vent angle 68'
—Yer&s plane at max Cdhorizugta75'
—Horizontal cone at max Cd vert angle 70'
—Vertical plane at max Cd ha4i angle 70"
— Horzontal wriest max Cd vent angle 70•
—Vertical plane at max Cd hertz angle 50'
— Horizontal coneat max Cd vent angle 63'
—Vertical plane atmax Cd horizangle 75"
--Horizontal cone at max Cd vet angle 6g'
Current
LED.Com
oaf cm.*trahag 8dugo a LW. la nplxa maw&►icarrtm rn apmtaaaona subject to thaw ashy t nabs Al values rs onion orypi ai values when meaauadudar laboratory corona
(Rain 06728!23)
OW3tS7.fdQ8
BACK VIEW
V LVE
ERL1 Cobra Head
LED Roadway Lighting
CUSTOMER NAME
PROJECT NAME — -
DATE
CATALOG NUMBER
alit
561 mml
AfUUSTA&EFOR 1.1/4 o2➢chPIPE
(L660to2375 inch OD)
(42m60mmODI
42 in.
501
FRONT VIEW
14.7 In. �R SIDE VIEW
Mounting
Adjustable for 1.25 to 2 in. nominal mounting pipe
(L660 to 2.375 inch OD)
Integral diecast mounting pipe stop
Slipfitter with +/- 5 degrees of leveling adjustment
Effective Projected Area
0.5 sq ft max (0.046 sq m)
Weight
12.4 lbs (5.6 kgs)
TYPE
54it
1137 mm1
Accessories
SAP Number Part Number Description
93029237E PED-MV-IUD 7
930292384 PED-347-L.ED-7
93029239E PED.480-LED 7
28299 PECOTL
93147530 PECHTL
73251 SCCL-PECTL
ANSI C138.41 Dimming PE.120-277V
ANSI 0138.41 Dimming PE. 347V
ANSI 0136.41 Dimming PE, 480V
Long Life PE 120-277V
Long Life PE 347-480V
Shorting Cap
Network Lighting Controls
Currents LlghtOridm Outdoor Lighting Control System
is designed for Street and Roadway Applications.
R enables remote monitoring, control, and asset
management of a single
fixture or a group of fixtures through a web enabled
Central Management System.
Current
LED.com
02024 Qnsirt Lighty &Adam =AI *OD mrvsd. Intormalion Ind pecMatrone object to ee+rpe bo t nodea Aglaia' are due ortolor values When measured urderlobrriory wrrduona 12 w20
11 auP3187jloe
Lumen Maintenance
ERL2 Cobra Head
LED Roadway Lighting
Construction
Housing:
Aluminum die cast enclosure. Casting Integral heat
sink for maximum heat transfer
Lens: Impact resistant tempered glass
Corrosion resistant polyester powder painted,
minimum 2.0 mil thickness
Paint (RAI. & custom colors available)
Standard = Black, Dark Bronze Gray, White
Optional = Coastal Finish
Weight 24.0 be (10.9 kgs)
Optical System
Lumens: 16,000 - 32,000
Distribution: Type II Narrow, Type II Wide,
Type III, Type IV and Type II Enhanced
Back fight
Efficacy;
CCT:
CR1(Min):
112440 LPW
2700K, 3000K, 4000K, 5000K
70 CRI
Electrical
Input Voltage: 120-277V or 347-480V
Input Frequency: 50/60Hz
Power Factor, z 90% at rated watts
Total Harmonic Distortion: s 20% at rated watts
Surge Protection*
STANDARD OPTIONAL
,10kV/5kA
Secondary 10kV/5kA (R Option) or
Secondary 20kV/lOkA (T Option)
'Pr ANSI 013a2.2018
CUSTOMER NAME
PROJECT NAME
DATE
CATALOG NUMBER
TYPE
The Evolve' LED Roadway ERL2 Luminaire Is optimized
utilizing advanced LED reflective optical system for
local, collector and major roadways. The modem design
incorporates the heat sink directly into the unit for heat transfer to prolong LED rife.
Projected bon per IES TM -21-11 at 25°C
LUMEN
CODES
DISTRIBUTIONS
LXXi10K) @ HOURS
25,000 50,000 60,000
HR HR HR
16 A5,B6,C5,DE, E5
18 A6, B6, C6, D6, ES
19 A6, 86, C6, D6, E5
21 A5,85,C5,D6,E6
23 A5, E36, C5, D5, ES
26 A6, 86, C6, D5, ES
27 A5, B5, C6, D6, E5
28 A6, B5, C6, D5, E6
30, 31 A6, E35, C6, D5, E5
32 AS, B5, C5, DS, ES
L99
L99
L99
L84
L97
L.96
196
L98
1.95 L94
L99
L98
L98
187
L96
196
L94
L94
193
L91
Not= Prolix tad List b.sad on MOM (110.000 hour trsUr* Acc.pisd Industry talranees goofy to Initial luminous fksc and heroin maintenance meal rarnane .
L99
198
L97
185
195
L96
194
L93
L92
1_90
Operating Temp:
Vibration:
LM79:
EMh
RoHS:
Ratings
-40°C to 60°C*
30 per ANSI 0138.31-2018
Testing in accordance with IES Standards
Title 47 CFR Part 15 Class A
Competes with the material restrictions of RoHS
°5812 (8211 Lornen 94A4BOV SIN) operates at.{0°C to 46°C Controls
Dimming: Standard -0-10V
Optional-DAIJ (Option U)
Sensors: Photo Electric Sensors (PE) available
Ughtt3rid Compatible
Warranty
1 6 Year (Standard) 10 Year (Optional)
Not all product variations hated on this page arc DLC qualified.
Via
vxdaslp�ghb orp/grch to eonfIrm qu.tHlat ces. `'�
UL
Crk71FIF°
ass on
OptiolErcksoos
coullm.i
Mara
Current 0
LED.cam
e 2022 Current Wining Bodnar, 11.0 AI FOOIFb nnnsd Hamilton end spocitkontot object to thing+ ',About nodal. All tames an design °• toted Woos vanes meeued um* tasausxyc ner&
(Rev Q r23)
OLPSr87-R08
V LVE
ERL2 Cobra Head
LED Road Nay Lighting
Ordering Information
CUSTOMER NAME -_
PROJECT NAME
DATE TYPE
CATALOG NUMBER
ERL2
PROD. ID VOLTAGE LUMENS ILMI DISTRIBUTION, CCT CONTROLS PER ANSI C136.41 COLOR OPTIONS E=Stabs
R • Roadway
L•Local
0 a i20 -277V'
H=347 48W'
1.COY
2 = Double 2. 208V
Modulo
18=1E IO0to AS.Type 1Narrow
18=10,0001m B5.Type NWide
19.woo Im CB. Type II
21. 21,0001m D6. Type DP°
3.240V 23.23,000Im ES =1yp.1 Enhanced
Bads Light
4.277V 25. 25,000 Yes
D -347V 27. 270001m
5.480V 28.28AO0Im
30 a 30000 im
31= 31,0001m
32=320001n
27 .2700K, A .7 -Pin Receptacle
30.3000K' D• 7-Pf'ir Receptacle w I h
Snorting Cap
40 =4000K E -7 -Ph Recreated' with
non -Diming Long UN PP
50 = 5000K Nate: 0-t0V comma standard undoes WHTE . Mite DAU Option'LP requested
GRAY Orley
BLCK • Buck
DKl3Z - Desk Bronze
A= 4 Bolt Water"
B - Tether
F.Ruing
O .Intama Bubble Laval
I.Optkrui 1P58 Optical Encloses
es
1.. Toc-leas Entry
R . Secondary 10kV/BitA $PD
T . Secondary 20KV/SOkA SFO'
I! = OAU Programmable"
VI . Held Adjustable Module
Y = Cosehd Finish'
X X a Spacial Options
t NotAtm8sble with Fusing
a Select 2700K or 3000K CCT for IDA approved units
• NominalEESTyypeabusing'ubjecttotypicalvariation.Idividualuadbmay&Der • lead time varla.. contact Factory
• Per ANN C13gt0.20f7
• Compatible with ilghtOdd
7 Not avtlisbl.In347V,4801/or347-480V
• Raccartme dad far hetaleUane within 7S0 het horn coast !bedtime varies, check with factory. • Not available wf h DAU'ir option
a Forward threw astrirutlon. Classifies se Type IS for lumen cedes 23-32. Review ES craw tat application.
Suggested HID Replacement
Approximately 21,500 -32,000 lumens to replace 400W HPS Cobra -head
Nabs actual esplacemment lumens may vary based upon mounting height, pole spacing, &elan csf•ria, etc.
Current e
LED -corn
e 2023 Currant Uctailg souks, U.C. Al dghn menet hranrreon and,P.aa°atkn• sul*It m d .Ave without Endo. All glues in design or Wield valuta whin mowed under kaaat°rycadabna
(Rev 06/28/23)
003187.808
V LVE
ERL2 Cobra Head
LED Roadway Lighting
CUSTOMER NAME
PROJECT NAME
DATE TYPE -
CATALOG NUMBER
LUMEN
OUTPUT
16 01ST.
TYPICAL
S000K/
4000K
16000
INITIAL LUMENS
3000K
2700K
WATTAGE
120V 347V
277V 480V
114
5000K/4000K
BUG RATINGS
3000K
2700K
16300
14200
83-110-03
B3-UO-03
85 83-UO-02
63-1)0-13
62-1)0-32
{ C6
02410-03
82-110-03
05 02-10-03
B2 -U0-03
02-UO-02
03.1)0-03
03-1)0-11
83-110-C33
JB
A6
16000
17200
18000
930
03.10-03
83-00-03
83410-03
86 B3-10-03
03-1)0-03
63-10.03
C5
63410-03
B2410-33
B2-10-03
05 02410-03
02-10-03 -
- 62110-13
ES
B3U0.©3
8300.03
111
A6
18000
18200
16000
140
03-110.08
83-00-33
83-1)0.03
Be
83-00-03
63-10-03
03410-03
C6
83.110-03
63-10.03
82-00-03
05 J
02-110-33
624!0-03
02-430-03
ES
03-110-03
83410-03
iii -10-03
21 A6
21000
20100
18900
160
83-110-03
63410-33
63410-03
BE
B3-110-03
03-10-33
83-110-33
C6
B3-00-33
83'10-03
83'10.03
06 B24J0-(33
82-130 08
62-1)0-03
ES
83-430-03
B3-UO-33
B34A-03
2.2 AS
23000
22000
21300
177
B3-10-33
93410-t33
03-110-33
85 63-1)0-33
63-10.33
83410-03
C6
83-)0.04
09-110-04
63'30-33
DE
62410-03
82410-33
02-110-03
_.
63-110.03
63-110-003
- 03410-03
26 *
25000
24000
23260
191
03430-03
e3uo-03
83410-33
06 C6
83-1)0-33
03-110-03
03"10-33
83-1)0-04
83410-34
03-430.04
06EE
02.00.04 I
B2-10-34
2.00 0 -03
EE
B4 -U0-34
1 &1"10.34 -
84-1)0-04
For additional information on ERL2 IES files, please click one of the flawing links:
Non -Shielded
Shill
Current U
LED.com
o 2022 Current tlyhfltg Solution% L1C. Al rights maned e,namedan end wee subisetm cgs without noeca NWises a* eke4n or typical Wins wiwrmserwsd under lebonat ryeadtlam
(Rev 06128123)
01.113187.006
V LVE
ERL2 Cobra Head
LED Roadway Lighting
CUSTOMER NAME
PROJECT NAME
DATE
CATALOG NUMBER
TYPE
LUMEN
OUTPUT
DIST.
TYPICAL
INITIAL LUMENS
3000K
2700K
WATTAGE
126V 347V
277V 480V
-
5000K/4000K
--
RUG RATINGS
30J0K
27GCK
5000K/
4000K
27 AS
27000
26000
25100
2G!
B441664
64-:1664
634J0-03
6S
6341663
93-00-03
93-UO-03
C6
83410-04
8341604
B3-80-34
06 82-L10-34
82-{10-64
62.1)0.64
ES
64.110-64
64-00.04
84-UO-34
28 AS
28000
I
28800
26000
229
8441664
64-UO-04
B4-110.34
86 83.10-64
B3-1)0.63
83410-63
CS
6341604
B3-UO-34
B3 -U004
D6
63.11604
63-110-04
82410-G4
ES
84-1)0-04
8441664
34')0-64
30 A6
30000
28800
27600
212
B4-00-34
84-1.1064
64-UO-34
68 63.1)0-04
83-1)0-04
83410-64
CS
83410-64
B3-UO-04
63410-04
08 89-00-34
83-1)0-04
83-00-04
ES
64-1)604
84-1)0-64
64-110-04
81 A6
31000
28700
28800
252
84-Ubp4
84-U0-34
64-1)0.04
86 63410-64
83-1)0.04
83-1)604
CS
83410-04
83410-04
63-1)0-04
pg
63-)0-64
B3-1)0-04
93-)0-34
ES
64-00-44
B4-1)664
84-00-04
32 AS
32000
30700
29700
286
S440434
844)0-64
84-1)0-34
86 83-1)664
83-1)0-04
83-1)0-64
CS
63-UOG4
BS -00-04
83-)0-04
06 63.1)0-044
6340-04
93-)0-64
B4-1)0-64
B4-1)0-04 84.11664
For additional information on ERL2 IES files, please click one of the following inks:
Non -Shielded
Current 0
LED.Com
O 2023 assent LIph6Np 5owna+a LIO.14 lights reserved Inferreetlart end eP.dnpolatw subject to dnna• without twee. a1 ies on *sip atypical edueswhn msuved underle0orstaryoandtine.
Pags 16 o 20
( 3)
OLP381B7 ROS
Cf.'; LVE
ERL2 Cobra Head
LED Roadway Lighting
ERL2
32,000 Lumens
5000K
ERL2_32A550 _.IES
ERr?
32,000 Lumens
5000K
ERL2_32855Q_JES
ERL2
32,000 Wrens
5000K
ERL232C650 ____JES
ERL2
Type III (FWT)
32,000 Lumens
5000K
ERL2_32D66Q____JES
Forward Throw
ERL2
Type II Medium
32,000 Lumens
6000K
ERL2_32E650 . JES
I■■■■It57•■�1
■■■■AIR
I■■■IM'IIIUU■
N■■■
■■■u
■■■1Irmate4
I■■■1111■1t1■■
I■■■i•IA■[tJ■■■
i■■>■L91I
itt''
Mil
u••
■■■
■■
Ile ■■■►1r`■J1■■■
• Mounting Height at 30'
• Initial Foafandte at Grade
NM
EN
■I,'4iE11■■■
MOB
I■■■■
AM=
■
■■■■ia
ll■■■
It!
I■■■Itl
MEIN■IIIIIIMMI
i■■■■l
=MIROI'll■_
IBUI■■■
■
IIENEMIC
lNUr
• Mounting Height at30'
• Initial Foatcandl. at Grade
FI■■■■■itti■i■1
i■■■■ MAIM ■I
I■ MIN ■►IrCIII■■I
I■■■■'III■■I11■■I
I■■■ Ell WNW
■■■■iili!■■IIi■■I
I■■■■1'f<■■RANI
I. MENU Mill
I■■■■■M■J■■I
■■■■■il# ■I
Mounting Height at30'
• Initial Footondle at Grade
IIIIMUMINIMENNE
II■■■■■■■■■■M
IIIII■■■■DAVIIlA■
IIIIIENIM4VIIVIIIIIII
=EMS
MOW=
- ■ull;®■■IIIii■II
NMI MIME:II■■
■■1u'■.■
■■■■■►ill®i1■■■
PIIIIIII
MMOOMMIIII
EEr■■■!■■■
■■■ ....■■1.
• Mounting Height art 30'
- Initial Rooandla at Grade
A.■.■11:.,11■
•■■■■ra11i■■■■
u■■ESIVII ■'■N
IIMMINIAMODI ■■n
■■■■1r1■■V■■u
■■■•II
■■■■IVQ■■I!.■■■1
•.■■Ill!■IP■■■■
u■•ilu■Nl■■■■
uiMICIR
t11..■rIi■..■■
pp■■I1
• u
►■ii
• Mounting Height at 30• —Vertical plane at max Cd hariz.angla 75' • Initial Footcandle at Grade —Horizontal cone at max Cd vett angle 6T LSO Ruminate diagrams and polar plots are representative of the SINS Illustrated.
Refer to IES files for 5101 spedfic Information.
CUSTOMER NAME
PROJECT NAME
DATE TYPE
CATALOG NUMBER
—Vertid piano at maxCd hodz angle 80'
—Hodeor dconeatmaxCalventangle68'
FroillikliVil
Oaf*sap-. tilhasid
ma
.14,44 lacti,46"
"it filt
...0
,,,,,
—Vertical plane at max Cd hods angle 75'
— Hodzontal carat max Cd vat. angle 70'
rotril
itt.44.41.14,4,1
St' irt cfm
iliz_,,�iiii't#4 liastyp*
asiost
—lhrtiol plane at max Cd horiz angle 70'
— Hddzontal cone at max Cd vent angle 70'
—Vertical plane at max Cd harts angle 50'
—Horizontal carat max Cd vent angle 59"
Current 0)
LED"com
O 2023 cured thing sal oon, LIC►a rights naiact wamatan and pedtkatlanp at iadbehrpe without nabs. Aiedam aeda.gr at typint vdw.'tarn m,aaaed under hbvntorycardittona
(Ran 0G/2M3)
OLP3th7P08
V LVE
ERL2 Cobra Head
LED Roadway Lighting
ADJUSTABLEEOR 1-1/4 to 2 inch PIPE
_ (L660to2375IndcCID)
142to60lmnOD1
43h
Intel
BACK VIEW
- 14.0 in. R
1355.6 mm RJ
Mounting
SIDE VIEW
• Adjustable for125 to 2 in. nominal mounting plpe(1.680 to
2.375 inch OD)
• Integral d(ecast mounting pipe stop
• Slipfitter with +/- 5 degrees of leveling adjustment
Effective Projected Area
• 0.57sgftmax (0.053sgm)
Weight
• 24.0 lbs (10.9 kgs)
CUSTOMER NAME
PROJECT NAME
DATE TYPE
CATALOG NUMBER -
FRONT VIEW
Iw I
•
Accessories
SAP NUMBER
PART
NUMBER
DESCRIPTION
93029237E
93029238E
93029236E
28299
93147630
73251
PED-MV LED 7
ANSI 0136.41 Dimming PE.120-
277V
PED-34747-LED-7 ANSI 0138.41 DRlnislg PE, 347V
PED-480-
LED-7
PEcoTL Long Life PE 120-277V
ANSI 0136.41 Dimming PE, 480V
PECHTL Long Life PE 347-480V
SCCL-PECiL Shorting Cap
Network Lighting Controls
Current's LightGrie Outdoor Lighting Control System
is designed for Street and Roadway Applications.
It enables remote monitoring, control, and asset
management of a single
fixture or s group of fixtures through a web enabled
Central Management System.
Current 0
Lt:Dcom
o 2023 M...130 Aiig Bokkorn.LLG.e rip Ms wswvsc% IriorrnodonAd specircslions subioctIn c*wg %Abut nat4a Alv isn w design or0p ca weuss when mound i derMbo,Wcry conditions.
Pegs VI of 20
(Rev 06/26V23)
Cobra Head
Shield Guide
HOUSE SIDE SHIELDS
ERLC Shields
Product
Code:
931100370
Description:
ELSHS-ERLC-BLCK
Product
Code:
931100380
Description:
ELSHS-ERLC-GRAY
ERL1 Shields
Product
Code:
93024487E
Description:
ELSHS-ERL1-BECK
Product
Cade:
930463860
Description:
ELSHS-ERLI-GRAY
Product
Code:
93068998
Description
ELSHS-ERLI-DKBZ
j
ERL2 Shields
Product
Code:
93070722
Description:
ELSHS-ERL2-BLCK
Product
Code:
93085584G
Description
ELSHS-ERL2-GRAY
Product
Code:
930967470
Description:
ELSHS-ERL2-DKBZ
CUSTOMER NAME
PROJECT NAME
DATE TYPE
CATALOG NUMBER _
STREET SIDE SHIELDS
ERLC Shields
Product
Code:
93132372
Description
ELSFS-ERLC-BLCK-10
Product
Code:
93132373
Description:
ELSFS-ERLC-BLCK-15
Pnaduct
Code:
93134760
Description
ELSFS-ERLC-BLCK-20
111
.� -
d
'
ERL1 Shields
Product
Code:
93092595
Description:
ELSFS-ERL1-BECK-10
Product
Code:
93108740E
Description:
ELSFS-ERL1-GRAY 10
Product
Code:
93092906
Description
ELSFS-ERLI-BLCK-15
Product
Code:
931051440
Description:
ELSFS-ERLi-GRAY-15
Product
Code:
93088130
Descriptions
ELSFS-ERL1-BLCK 20
Product
Code:
930881310
Description:
ELSFS-ERL1-GRAY-20
6411118
1-111kal 45112
ERL2 Shields
Product
Code:
931329550
Description
ELSFS-ERL2-BLCK-20
Product
Code:
931329860
Description:
ELSFS-ERL2-GRAY-20
Current
LED.com
C 2013 CurardWiling eotictik MG Al rights Jiver!YYemation wipe b "Medeo dung* without macs Al vdvu re&ebna typleei yahoo %rei intsand uide4ehontrycordYlonl N9918020
(Rev oerserz3)
w31v Roe
SIDE SHIELDS (L&R)
Cobra Head
Shield Guide
Shipped as a kit - L & R can be used Independently
ERLC Shields
Product
Code:
93132374E
Description
ELS-ERLC-
LEFTRIGHTS1DEKIT-
BLCK-10
ERL1 SHIELDS
Product
Code:
93118896E
Description:
ELS-ERL1H-
LEFTRIGHTSIDEKIT-
BLCK-10
ERL2 SHIELDS
Product
Code:
93132969E
Description:
ELS-ERL2-
LEFTRIGHTSIDEKIT-
BLCK-10
A.to efshwa Deptlri16eUP'Sl Wald Dopes 20.2`Shield Depth 2) Slack Is recommended ended to reduce potential for glare coning off of the shield 8) Use 'House Side Shield to block light trespass behind the robe 4) Use "Strait Side / Runt Meld to block light Pghttresps.sacross the street
CUSTOMER NAME
PROJECT NAME
DATE TYPE
CATALOG NUMBER
Current
L®.corn
O 2023 Current lipneno&Wens.uGAil rights remold. Wauseon and a ecitadera arirj.R to dump %Nnouf nedca N values a. doslpn envies.' Mee when e.maid under lebereayeendNana
(Rev 06J28/29)
EXHIBIT B-3
AmeronTM
Contemporary
Series 1C1 / OC1
Octagonal Poles
Available in base plate and embedded styles
Our 1C1 and OC1 poles are the ideal strength for street lighting, park and recreation areas, parking lots, area security and walkways.
Application can be post top. side mounted or mast arm.
Features and Benefits
• Prestressed steel and highest quality concrete are centrifugally cast for ultimate strength, durability and vibration resistance. • Natural stone and terrazzo aggregates maintain a like new appearance with virtually no maintenance.
• Conforms to applicable sections of ACI,AASHTO,ASTM,
and IBC standards.
• Exclusive 10 -year warranty
Colors and Finishes
A wide range of standard, pre -formulated and custom colors are available.
The concrete shafts are lightly blasted to expose the texture and color of the natural stone. See separate Aggregates and Finishes sheet for details.
We offer AmershieldTM, a premium graffiti -resistant coating, as well as other durable sealers and protectants that further enhance colors, protect the concrete surface and aid in the removal of graffiti.
Durability with a classic touch.
For further information contact us at 1.800.552.6376
NAY
nov.com/po(eproducts
Ameronm Contemporary Series 1C1 / OC1 Octagonal Poles
6" Top O.D. Across
The Flats
Base Plate Style - Information
NumbCataloer
Pole
Heigh
A
Base
O.D.
Anchor
r
lt
[�rde
Base
P
(SQ)
G.L. Ultimate
(ft. lbs.)
Pole
Weight
(Ibs.)
1C116
16'-3"
73'4"
1"x36"x4"
12W
12"
17,000
560
10117
IT -9'
7W
1`x36"x4"
12'h"
12'
18,400
630
1C119
19'-6"
8"
1"x36"x4'
12W
12"
20,000
720
10120
20'-9"
844"
1" x 36" x4"
12W
12"
21,200
800
10123
23'-3"
835"
1'x36" x 4"
12W
12"
22,200
940
10125
25'-9'
834"
1` x 36" x4"
12W
12'
25,400
1,030
10128
28'-3"
9'
1"x36"x4"
12W
12"
27,400
1,240
10129
29'-3"
9S4"
1"x36"x4"
121"
12"
28,100
1,290
10140
40'-3"
IOW
lye x44"x4"
14'
14"
38,200
2,090
Embedded Style - Information
"OL"
Ground line
A"
"8"
Catalog
Number
Pole
Height
„p
Bottom Embedded
Dla.
Depth
"8'
Overall
Length
„OL"
Ultimate
G.L. Moment
(ft. lbs.)
Pole
Weight
DO
0C116
12-3"
73'4"
4'-0"
16'-3"
16,300
530
0C117
13'-9"
Ph'
4'-0"
1T-9"
17,400
600
OC119
15'-0"
8'
4'-0"
19'-6'
18,000
690
OC120
16'-9"
8Yi
4'-0'
2O'-9"
18,900
770
0C123
18'-9`
8W
4-6"
23'-3"
19,900
910
OC125 i
21'-O"
834"
4'.9'
25'-9.
21.600
1,000
0C128
23'-3"
9"
5'-0"
28'-3"
23.000
1,210
00124
24'-3"
9>f'
5'-0'
29'•3'
23,600
1,260
0X140
34'-3"
10Y4"
6'-0"
40'-3"
34,000
2,020
Specifications: Use Contemporary Specifications.
Colors and finishes: See Contemporary Color Selection Guide.
Luminaire mounting: See technical -mounting options section for more information.
Anti -graffiti and sealer: Optional coatings available for added protection.
Single cable
Entrance
Embedded Style Base Plate Style
12"
Ground line
18'
0C1 Elevation
1C1 Elevation
see recommended
'capping details"
Shaft cross section detail
Slotted base plate
prestressed to pole
For further information contact us at:1.800552.6376
KY
nov.com/poleproducts
2017Nat onalOilwenVarco-ANrightsreserved-110.30J'NG v01
EXHIBIT C
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[TO REMAIN
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EDIS OT OWER TYP .
LOW GROWING NATIVE HYDR OSEED
- MIX, N ON -IRRIG ATED
LN EW 10' WIDE ASPHALT TRAIL,
3 IN CH ES AC OVER N ATIVE
SU ND ANCE - SCE EASEMENT - EXHIBIT 'C'
CONCEPTUAL LAND SCAPE PLAN
1 ee
II
IA NU ARY 2 11024 . NOVRM B[R l]]B39 MRFn ']iOIIJ N .Y II,lO1J J IANUARV N, 1019 NU EMPE I E A Geir,283
EXHIBIT D
NI_ L 10 Z179 abed
A
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0 e
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0 P
Q
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1 W b-22117.
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ism!
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IWI
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A0F HH"F.P afrt
8!NM AmyNAN
Os tt
6950688
Rafre n1
ARlount
HONKS
2 70498025
203635
City of Beaumont
Performance
Ready
Rick Rush
31470
Majors S ewer
Improvements
$179,796.75
3 70498045
209090
City of Beaumont
Performance
Ready
Rick Rush
iu ncr ance No PA 32 Rec
Center Precise Grading &
Drainage
$576,913.03
4 70499007
209095
City of Beaumont
Performance
Ready
Rick Rush
33 31470-5
Sewer Impro vements
3/5/2024
5474,147.30
5 70499030
223261
City of Beaumont
Performance
R eady
Rick R ush
3249
54 37427
Sewer Improvements
$86,037.25
6 70499030
223267
City of Beaumont
Perfo rmance
Re ady
Ri ck Rush
3273A
54 37427
Streets/Drainag e
$343,933.95
7 70499007
30024917
City of Beaumont
Performance
Ready
Rick Rush
34 31470 .6
Se wer Improvements
3/5/2024
$279,996.25
8 70499018
30049608
City of Beaumont
Performance
Ready
Rink R ush
3215
47 37428
Sewer Improvements
$326,174.50
9 70499018
30055685
City of Beaumo nt
Perfo rmance
Ready
Rick Rush
3219
47 37428
Streets/Drainage
$1,158,260 .70
10 70498030
81969784
City of Beaumo nt
Performance
Submitted
Murrow
2021-0640
1183 &
1362
N/A
Starlight Avenue 0f -Site
Street Impr oveme nts
2/17/2021
7/27/2021
$2,385,196 .31
$3,000.00
11 70498035
82191974
City of Beaumo nt
Performance
Ready
Rick Rush
14 Detenti on Basin
$716,000.00
12 70498024
104854694
City of Beaumont.
Performance
Ready
Rick Rush
S unda nce- Cherry Ave./
0th Street performance
$809,324.00
13 70498037
929598662
City of Bea umon t
Performan ce
Ready
Rick Rush
Sunda nc e Marti,-
Sewer/Cougar Way (West)
& Cherry Ave
Impr ovements
$78,418.50
14 70498037
929598663
City of Beaumont
Performan ce
Ready
Rick Rush
Sundance North Cougar
Way & Highlands Springs
Ave Improvements, Sewer
$33,695 .00
15 70499015
929598665
City of Beaumont
Performance
Ready
Rick Rush
1997
40A
31470-1
Sewer Improvements
$150,052.00
16 70498024
929598674
City of Beaumont
Performance
Ready
Rick Rush
Sundance North -Street ll
Improvements
0112,303.75
17 70498030
929598675
City of Beaumont
Performance
Ready
Rick Rush
34862
Major Storm Drains Along
Starlight A venue to Oak
Valley Parkway.
$358,882.60
18 70499015
929590676
City of Beaumon t
Performance
Ready
Rick Ru sh
2006-A
40A
31470-1
Streets/Drainage
$697,792.68
19 70498030
92959868D
Cloy of Beaumont
Perfo rmance
Submitted
M orrow
20210641
2012
N /A
Starlight Avenue Street &
Storm D rain improvem ents
2/17/2021
8/5/2021
$1,976,013.17
$3,000 .00
20 70498037
929598691
City of Beaumon t
Performance
Submitted
Morro w
2021-0643
2014
N/A
Cougar Wa y 4 Cherry
Avenue Street & Storm
Drain Improvements
2/17/2021
8/5/2021
$2,126,275.25
$3,000 .00
21 70498037
929598694
City of Beaumont
Performance
Ready
Rick Rush
Sundance North -Cougar
Way (West)15 Cherry Ave
improveme nts.
$63,537 .50
22 70499025
929610181
City of Beaumo nt
Performance
Ready
Rick Rush
2064
44 31469-3
Sew er Improvements
$370,840 .50
23 70499012
929622461
City of Beaumont
Performance
Submitted
Mu rrow
20230999
3010
36 31469-8
Streets/Drainage
3/2/2023
4/24/2023
$938,230 .41
$3,000 .00
24 70498037
929622467
CIty of Beaumont
Performance
Submitted
Murro w
2021-0644
3009
31470
Streets/Drainage
2/17/2021
8/11/2021
$397,900.37
$3,000.00
25 70499013
929635972
City of Beaumont
Performance
Submitted
Mo rrow
2023-1004
3023
38 31469-10
Streets/Drainage
3/2/2023
4/21/2023
$1,242,394.45
$3,000.00
26 70499014
929635973
City of Be aumont
Pe rfo rman ce
Submitted
Mu rrow
2023.1002
3024
39 31469.9
Stre ets/D raina ge
3/2/2023
4/21/2023
$926,665.07
$3,000.00
NI_ L 10 £179 abed
A
B
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D
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Rand .W9040tla9
1tri nAlklig IMO
InktiliketfnAAV9d! .n
Data
Band M ar eat
,pa
27 70499017
929635977
City of B eaumont' .
Performance
Ready
Ri ck R ush
3027
46 31469-6
Sewer Improvements
$263,390.25
29 70498037
929635999
City of Beaum ont
P erform ance
Rea dy
Rick Rush
31469
S una ance N orth - Co ugar
Way (East) Widening ST &
SD Impro vements
$366,856.44
29 70499017
929640150
City of Beaumont
Performance
Ready
Rick Rush
3046
31469-6
Streets/Drai nage
$1,154,640.25
30 70498026
929644892
City of Beaum ont
Performance
Ready
Rick Rush
31469-4
Majors - Moonst one A venue
impr ovem ents
$896,520 .45
31 70499007
929644986
City of Beaumont
Performance
Ready
Rick Rush
31 31470-3
Sewer Improv ements
$364,394 .75
32 70498032
929644898
City of Beaumont
Performance
Ready
Rick Rush
30 & 31
31470-3 &
-4
Storm Drain Improvements'
$925,853.50
33 70498021
929644899
City of Beaumont
Perfo rmance
Ready
Rick Rush
Sundance Highland Springs
Ave Widening (Cougar to
OVP) Street Improvem ents
$560,711.25
34 70498021
929644906
City of Beaumo nt
Performance
Ready
Rick Rush
S untlance hortln Highland
Springs Avenue Culvert
crossing Street Drainage
Improvements
$257,146.90
35 70499025
CM 5287815
City of Be aumon t
Per fo rmance
Re ady
Rick Ru sh
2071
44 31469-3
Streets/Drainage
$1,516,387.00
36 70499011
P803010402773
City of Beaumo nt
Performance
Submitted
Murrow
2023-0995
2084
35A
31469-4
Streets
$774,650 .63
$421,009.25
3.000 .00
37 70499011
PB03010402774
City of Be aumont
Performance
Submitted
Rick Rush
2023.0996
2082,
3004 &
3013
35A, 35B
& 36
31469-4,
31469-7 &
31469-8
Sewer Impr ovem ents
38 70499028
P803010402060
City of Beaumo nt
Performance
Su bmitted
Murrew
2023.0998
2097
359
31469-7
Streets/Drainage
$698,788 .95
39 70498026
PB03010403234
City of Beaumont
Performan ce
Ready
Rick Ru sh
Moonst one Storm Drain
Impr ovements
$460,747.50
a0
70499007
P803010409856
City of Beaumont
Performance
Ready
Rick Rush
2023-0985
30 31470-4
Storm Drain Improvements
$144,233 .00
2024.03 .26 Email sent to Richard requesting bond
red uction. 2024.04.26 Reduc ed b and requested from
Lockt on.2024.04.29 replacement bond sent to Richard.
41 7O499007
P003010409657
C ity of Beaumont
Performance
Ready
Rick Rush
33 31470-5
Storm Drain Impr ovements
$206,264.00
42 7O499007
P003610469858
City of Beaumont
Performance
Ready
Rick Rush
34 31470-6
Storm Drain Improvements
$152,145.00
EXHIBIT E
4 II
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n
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dun
IRPMfM
nnwrR M
A
70498035
82191975
City of Bea um ont
Mai ntenance
1 -Y ear Peri od
Rick Rush
2018-0135
1606
26 34862
Detention Basi n
12/21/2017
10/25/2023
4/2/2020
$2,595.00
$43,250.00
$3,000 ,00
3 70499016
929590695
City of Beaumo nt
Maintenance
1 -Year Peri od
Rick Rush
2018.0121
2017
42A
31469-1 I
Sewer Improvements
4/2/2024
$1,612 .00
$32,248.30
4 70499012
929622470
City of Beaumont
Mainten ance
1 -Y ear Period
Rick Rush
2023-1000
3013
35 31409-8
Sewer Impr ovements
3/2/2023
4/17/2023
6/18/2024
$467 .00
$116,759.50
$3,000.00
5 70499014
929635906
City of Beaumo nt
Maintenance
1 -Year P eri od
Rick Rush
2023-1001
3016
39 31469-9
Sewer Improvements
3/2/2023
5/4/2023
6/18/2024
$970.00
$242,397.00
$323,529.50
13,000.00
$3,000.00
6 70499013
929635976
City of Beau mo nt
Maintenance
1 -Year Period
Rick Rush
2023-1003
3026
38 31469.10
Sewer Improvements
3/2/2023
4/19/2023
6/18/2024
$1,294.00
7 70499028
PB03010402910
City of Be aumont
Mainten ance
1 -Y ear P eri od
Rick R ush
3004
358
31469-7
Sew er Improvements
3/2/2023
4/12/2023
9/15/2023
$1,104.00
$276,000.00
$0.00
NI_ L 10 9179 abed
i :__=_._.
BEAUMONT
Punch List
Project Name: Tri Pointe Homes (PA14 Detention Basin)
Tract No. 31468
Detention Basin
PW2025-0324
Bond No. 30240651
Performance
Inspected By: Alex Stanko
Page: 1 Date: 11-20-25
Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
1 No items to report.
Alex Stanko
11-20-25
Alex Stanko
11-20-25
[COMPANY NAME]
DOC # 2025-0214476
RECORDING REQUESTED BY:
07/14/2025 04:08 PM Fees: $0.00
CITY CLERK
Recorded in Official Records
County of Riverside
Peter Aldana
WHEN RECORDED RETURN TO:
Assessor -County Clerk -Recorder
City Clerk
City of Beaumont
**This document was electronically submitted
550 E. 6th Street
to the County of Riverside for recording**
Beaumont, CA 92223
Receipted by: CRISTINA #7700
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL MAP NO. 31468
DATE OF AGREEMENT: March 14, 2025
NAME OF SUBDIVIDER: Tri Pointe Homes IE-SD, Inc , a California Corporation . (hereinafter referred to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT:
residential
PA14Basin
subdivision consisting of
, originally approved on
lots,
, and Tentative Tract/Parcel ("Tract/Parcel" or
"Tentative Tract/Parcel Map") , originally approved on: .
FINAL TRACT/PARCEL MAP
RECORDED ON
APPROVED ON
AS INSTRUMENT NUMBER
("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:
$ 83,613.75
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
$
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 30240651
LETTER OF CREDIT NUMBERS:
FINANCIAL INSTITUTION: The Continental Insurance Company
DOC #2025-0214476 Page 2 of 32
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 Tri Pointe Homes IE-SD, 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".
DOC #2025-0214476 Page 3 of 32
G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract/Parcel intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".
NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows:
1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement.
(c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational.
(d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all rights -of -way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances.
Subdivider's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development. (f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.
Page3of19
DOC #2025-0214476 Page 4 of 32
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) Eighty Three Thousand Six Hundred Thirteen and 75/100 DOLLARS ($83,613.75) 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) Eighty Three Thousand Six Hundred Thirteen and 75/100 DOLLARS ($83,613.75) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement. (iv) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or Page4of19
DOC #2025-0214476 Page 5 of 32
referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released.
(c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts. (d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement.
Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the Page5of19
DOC #2025-0214476 Page 6 of 32
drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City.
Said changes, if any, shall be confined to the Property.
5. Reserved.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation.
(b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Subdivider's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdivider's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the Improvements.
DOC #2025-0214476 Page 7 of 32
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.
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DOC #2025-0214476 Page 8 of 32
(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. Iniury to Public Improvements, Public Property or Public Utilities Facilities.
Subdivider shall replace or repair or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public 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 Page8of19
DOC #2025-0214476 Page 9 of 32
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
DOC #2025-0214476 Page 10 of 32
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
DOC #2025-0214476 Page 11 of 32
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
DOC #2025-0214476 Page 12 of 32
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
DOC #2025-0214476 Page 13 of 32
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
DOC #2025-0214476 Page 14 of 32
which were not caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Subdivider to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.
21. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City:
Notice to City:
Attn: City Manager
With a Copy to:
Notice to Subdivider:
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
John Pinkney, Esq.
SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
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.
DOC #2025-0214476 Page 15 of 32
24. Insurance.
(a) Subdivider shall, at all times during the construction of the Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Subdivider and its contractors and subcontractors in performance of the work under this Agreement.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury.
(ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease.
In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.
(2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance. (b) Insurer Ratinc; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least a A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an
DOC #2025-0214476 Page 16 of 32
admitted insurer can be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
(d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. (e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations.
(2) Primary Insurance. For any claims related to this project, the Subdivider's insurance coverage shall be primary insurance as respects the City of Beaumont, its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.
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(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Recuirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non-payment). Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Subdivider and approved by City; nor shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.
Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(h) Hicher 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
DOC #2025-0214476 Page 18 of 32
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.
DOC #2025-0214476 Page 19 of 32
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
Subdivider:
City:
CITY OF BEAUMONT
a Municipal Corporation
Signature Signature:
Print Name: V`' '€
Attachments: Exhibit A
Exhibit B
Exhibit C
ATTEST:
APPROVED AS TO FORM:
J.oh'r Pinkney, C Attorney
APPROVED AS TO C ENT:
Robe 'festal, 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)
DOC #2025-0214476 Page 20 of 32
EXHIBIT A
LEGAL DESCRIPTION
FOR THE SUBJECT PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
BEAUMONT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
APN 419-020-065, 419-020-079, 419-211-009 & 419-020-080 djm\agree\ Declaration of Covenant and Waiver 6-14-06
1
DOC #2025-0214476 Page 21 of 32
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT NO.: Sundance PA -14 Basin
DATE: 12 -Feb -25
PP, CUP NO.:
N/A BY: SJA Landscape Architecture, Inc.
IMPROVEMENTS
FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
( of Estimated Construction Costs)
Landscape Imrpovements
Sewer
Total
Warranty Retension %
Street/Drainage Plan Check Fees =
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =
$ 83,613.75
$ Not Used
$ 83,613.75
10% $ 8,361.38
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 El include additional 20% for recordation prior to having signed plans Above amounts do not j1 include additional 20% for recordation prior to having signed plans 12 -Feb -25
Landscape Architect's Signature Date
Mark Lloyd
Name typed or printed
FORM $ UNIT COSTS REVISED 09/06
Landscape Architect's Stamp
*****PLEASE READ INSTRUCTIONS BELOW*****
1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Improvement Requirement Worksheet".
2. Show Bond Amounts to the nearest $500.
3. For construction items not covered by "City of Beaumont Improvement Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont Unit Costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used.
3/12/2025
DOC #2025-0214476 Page 22 of 32
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:
Sundance PA -14 Basin
DATE: 12 -Feb -25
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
24" Box
Trees
$ 325.00
$ -
1 Gal
Clearing and Grubbing
$ 0.04
$ -
1 Gal
$ 10.25
$ -
1 Gal
$ 9.50
$ -
5 Gal
$ 23.50
$ -
64/Flts
$ 16.50
$ -
$ 11.35
$ -
217,800
Sf
Hydroseed Native Mix (Grasses) TBS, non -irrigated
$ 0.05
$ 10,890
Sf
Soil Amending, Landscape Grading
$ 0.05
$ -
Cy
Mulch at Trees only
$ 45.00
$ -
Ea
Irrigation POC
$ 5,000.00
$ -
Ea
Controller
$ 1,000.00
$ -
Ea
Solar
$ 500.00
$ -
Sf
Tree bubblers
$ 4.00
$ -
Mo
90 Day Maintenance
$ 500.00
$ -
Lf
Dog Fence
$ 20.00
$ -
SF
Decomposed Granite (dog lark)
$ 5.55
$ -
12,287
SF
5' wide x 4" deep Decomposed Granite (maint access)
$ 2.50
$ 30,718
4,915
LF
6"x8" Extruded Concrete Header
$ 7.00
$ 34,405
EA
Benches
$ 1,000.00
$ -
EA
Shade Structure
$ 14,000.00
$ -
A.
Subtotal
B. Contingency (% x A)
76,013
10% $ 7,601
C. Landscape Improvement Total (A + B) $ 83,614
DOC #2025-0214476 Page 23 of 32
Bond No. 30240651
Premium: $309 / Annually
PW #:
File #:
PERFORMANCE BOND
Exhibit "C"
WHEREAS, the City Council of the City of Beaumont, State of California, and Tri Pointe Homes IE-SD, Inc. (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated, 20 25', whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. ** , which is hereby incorporated herein and made a part hereof; and **Sundance PA -14 Basin
WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum ofEighty-Three Thousand Six Hundred Thirteen and 75/1OOclollars ($ 83,613.75 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
[signatures on following page]
DOC #2025-0214476 Page 24 of 32
Performance Bond No. 30240651
Page Two (2)
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 14th day of March , 20 25 .
(Seal)
The Continental Insurance Company
SURETY
By:
Name: Michelle Haase
Title: Attorney -in -Fact
Address: 2 Park Plaza, Suite 400
Irvine, CA 92614
(Seal)
Tri Pointe Homes IE-SD, Inc.
PRINCIPAL
By:
Name:
Title:
Address: 1250 Corona Pointe Court, Suite 600
Corona, CA 92879
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
DOC #2025-0214476 Page 25 of 32
LL- PURPOSE
CERTIFICATE OF ACK LEDG
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 Orange
On MAR 14 2025 before me,
}
Sarah E. Campbell, Notary Public
(Here insert name and title of the officer)
personally appeared Michelle Haase
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WIT l v' d and t fficial seal.
Nota
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Pa rtner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
SARAH E. CAMPBELL
Notary Public • California
Los Angeles County
Commission # 2491647
My Comm. Expires Jun 27. 2028
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and ifneede,d should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/the}- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. dye 01 i ul I IOU
DOC #2025-0214476 Page 26 of 32
POWER OF ATTORNEY APPOINTING
1 IVIDUAL 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
Marina Tapia, Janina Monroe, Michelle Haase, Timothy J Noonan, Edward C Spector, Aidan Smock, Jaren A Marx, Erin Brown, Charles R Teter III, Simone Gerhard, B Aleman, K D Wapato, Rachel A Mullen, D Garcia, Sandra Corona, Jennifer Ochs, Ethan Spector, Sarah Campbell, Individually
of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instrumcnts 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 Authorizing 13y -Laws and Resolutions printed at the bottom of this page, 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 29th day of April, 2024. ....
to
State of South Dakota, County of Minnehaha, ss: +°''..ww•'�� On this 29th day of April, 2024, before me personally came Larry Kasten to me known, who, being by me duly swom, 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. n'
o;
The Continental Insurance Company,
Larry Kasten
Vice President
+4\44\44444\M4\\\g4\444
M. BENT
, NOTARYPUBLICa SOUTH DAKOTA o a
My Commission Expires March 2, 2026
CERTIFICATE
I, Paula Kolsrud, 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 Resolutions of the Board of Directors of the insurance company printed below this certificate are still in force. In testimony whereof I have hereuntc ..;.. and affixed the seal of the said insurance company this 14th day of March, 2025.
The Continental Insurance Company
Paula Kolsrud
Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company."
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27'h day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company."
Form F6850-6-2023
DOC #2025-0214476 Page 27 of 32
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 3-17-25 before me, Loretta Saginario-Ballou, Notary Public (insert name and title of the officer)
personally appeared Michael C. Taylor
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature, `,i,t` ('A
(Seal)
LORETTA SAGINARIO BALLOU
COMM. # 2509383 ce
NOTARY PUBLIC CALIFORNIA
RIVERSIDE COUNTY
My Commission Expires
February 9. 2029
a1
DOC #2025-0214476 Page 28 of 32
Bond No. 30240653
Premium is included in Performance Bond.
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and Tri Pointe Homes IE-SD, 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 A Cl rch 14 , 2026 whereby Principal agrees to install and complete certain designated public improvements which is hereby incorporated herein and made a part hereof; and **Sundance Tract 31468-4 and 31468-5 (Cherry Avenue Street Light Plans) 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 Forty -Five Thousand and no/100 dollars ($ 45,000.00 ), 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]
DOC #2025-0214476 Page 29 of 32
Payment Bond 30240653
Page Two (2)
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 14th day of March , 20 25 .
(Seal)
. ...
The Continental Insurance Company
SURETY
By:
Name: Michelle Haase
Title: Attorney -in -Fact
Address: 2 Park Plaza, Suite 400
Irvine, CA 92614
(Seal)
Tri Pointe Homes1E-SD, Inc.
PRINCIPAL
Name:
Title:
By:
Name:
Title:
Address: 1250 Corona Pointe Court, Suite 600
Corona, CA 92879
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
DOC #2025-0214476 Page 30 of 32
LL- PURPOSE
CERTIFICATE OF AC OWLEDG
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 Orange
On MA 1 4 2025 before me,
}
Sarah E. Campbell, Notary Public
(Here insert name and title of the officer)
personally appeared Michelle Haase
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WI and and official seal.
IC
ADDITIONAL O
'Q -, t>r s► a a _ 4 S
i r SARAH E. CAMPBELL
l
Notary Public - California
Los Angeles County
• Commission # 2491647
• 0R`' My Comm. Expires Jun 27. 2028
(Notary Public Seal)
TIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT
(Tide or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NoteryClasses.com 800-873-9865
This form complies with current California statutes regarding notary wording and if needed should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a commna and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization,
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hetshe/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
DOC #2025-0214476 Page 31 of 32
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
Marina Tapia, Janina Monroe, Michelle Haase, Timothy J Noonan, Edward C Spector, Aidan Smock, Jaren A Marx, Erin Brown, Charles R Teter III, Simone Gerhard, B Aleman, K D Wapato, Rachel A Mullen, D Garcia, Sandra Corona, Jennifer Ochs, Ethan Spector, Sarah Campbell, Individually
of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confmned.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, 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 29th day of April, 2024. iiiii....�
..:,4 ; The Continental Insurance Company
Vice President
State of South Dakota, County of Minnehaha, ss:
On this 29th day of April, 2024, before me personally came Larry Kasten 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 3
NOTARY PUBLIC/•
i s 4 SOUTH DAKOTA
�i
+
My Commission Expires March 2, 2026
CERTIFICATE
I, Paula Kolsrud, 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 Resolutions of the Board of Directors of the insurance company printed below this certificate are still in force. In testimony whereof I have hereuntc ! .... j and affixed the seal of the said insurance company this 14th day of March, 2025.
The Continental Insurance Company
14. .a�� �;. Paula Kolsrud Assistant Secretary
•..NN
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company."
This Power of Attomey may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company."
Form F6850-6-2023
DOC #2025-0214476 Page 32 of 32
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 3-17-25 before me, Loretta Saginario-Ballou, Notary Public (insert name and title of the officer)
personally appeared Michael C. Taylor
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _
(Seal)
TTA SAGINARIO
COMM. A 2509363
PUBLIC C
RS I COUNTY
FeOfve,y 9.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Recitals Incorporated. The Recitals set forth above are incorporated by this reference as though fully set forth herein.
2. Brookside Avenue. In fulfillment of Tri Pointe's obligations related to the Dispute concerning the Brookside Avenue improvements, Tri Pointe shall pay the City the sum of Five Million Dollars ($5,000,000.00) in immediately available funds by wire transfer within 45 days of the Effective Date of this Agreement. If Tri Pointe fails to pay such sum, the City may rescind this Agreement upon five days' notice and opportunity to cure provided to Tri- Pointe. Upon receipt of wire, City agrees to accept ownership and maintenance of Lot A and Lot 105 of Tract Map 31469-6 and Lot B and Lot 98 of Tract Map 31469-5 within 90 days.
3. Planning Area 14 Detention Basin. Tri Pointe shall modify the existing Planning Area 14 Detention Basin (APN 419-020-065, 419-020-079, 419-211-009 & 419-020-080) plans as required by the Sundance Specific Plan to delete the planned dog park and landscape the interior slopes of the Detention Basin with non -irrigated native hydroseed to the City's satisfaction, apply 5 -foot wide and 4 inch deep decomposed granite walking path along the Detention Basin, install mow curb along the edges of the pathway and re-establish the tops and toes of the slopes and bottom of the basin for the parcels as depicted in Exhibits A-1 and A-2 hereto, which are incorporated herein by this reference. Tri Pointe shall pay for all costs to make the improvements to the Planning Area 14 Detention Basin. The City shall take over ownership and management of the Planning Area 14 Detention Basin (APN 419-020-065, 419-020-079, 419-211-009 & 419-020-080) within 90 days after completion to City's satisfaction.
4. Cherry Avenue Street Lights. At its sole cost, Tri Pointe will install 7 non -solar permanently powered street lights along Cherry Avenue between 8th Street and Antonell Court of the type depicted in Exhibits B-1, B-2 and B-3. Tri Pointe shall submit to City a light plan consistent with these exhibits, which shall be subject to review and approval by City.
5. Southern California Edison Easement. Southern California Edison has two easements over the Sundance Property (APN 408-090-065 & 408-090-066). Tri Pointe shall rehabilitate to City's satisfaction the existing asphalt trail in the western portion of the easements as depicted in Exhibit "C", which is incorporated herein by this reference. Tri Pointe shall obtain any approval, if required, of SCE and shall construct a new 10 -foot -wide asphalt trail on a parcel along the southern boundary of the eastern portion of the easement. The perimeter of the trails shall be bordered with a meandering 1 -foot wide minimum to 3 -foot wide maximum strip of decomposed granite with a rolled edge. Aesthetic landscape boulders of sufficient size, pattern and shape to be approved by the City shall be placed on both sides of the decomposed granite areas. Tri Pointe shall submit to City for approval a decomposed granite and boulder plan prior to installation. The new trail will be constructed from Starlight Avenue to Highland Springs Avenue with three inches of asphalt on native soil and the remainder of each easement shall be "smoothed out", which for the purposes of this Agreement means that large rocks, trash and dump piles will be removed, and the area sprayed with non -irrigated native hydroseed all of which is as depicted in Exhibit C hereto and made a part hereof by this reference. Upon completion of the aforesaid improvements to the satisfaction of the City, the City shall take over ownership and management of the Southern California Edison Easement parcels within 90 days after completion of the work to City's satisfaction. All of the above shall be completed at Tri Pointe's sole cost and expense.
i :__=_._.
BEAUMONT
Punch List
Project Name: Tri Pointe Homes (Cherry Ave.)
Tract No. 31468
Streetlights
PW2025-0319
Bond No. 30240653
Performance
Inspected By: Alex Stanko
Page: 1 Date: 11-12-25
Item
No. Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
1 No items to report.
Alex Stanko
11-12-25
Alex Stanko
11-12-25
2 3
4 5
6 7
[COMPANY NAME]
DOC # 2025-0214482
RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN TO:
City Clerk
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
07/' -/2025 0L:' 0 PM Fees: 50.00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
**This document was electronically submitted
to the County of Riverside for recording**
Receipted by: CRISTINA #7700
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF =BEAU T
SU - DIVISION IMPROVEMENT AGREEMENT
T CT or PARCEL AP O. 31468
DATE OF AGREEMENT: March 14, 2025
NAME OF SUBDIVIDER: Tri Pointe Homes IE-SD, Inc , a California Corporation . (hereinafter referred to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT:
residential
PW2024-0116
subdivision consisting of
, originally approved on
Tots,
, and Tentative Tract/Parcel ("Tract/Parcel" or
"Tentative Tract/Parcel Map") , originally approved on: .
FINAL TRACT/PARCEL MAP
RECORDED ON
APPROVED ON
AS INSTRUMENT NUMBER
("Final Tract Mao/Final Parcel Map").
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").
EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ 45,000.00
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 30240653
LETTER OF CREDIT NUMBERS:
FINANCIAL INSTITUTION: The Continental Insurance Company
DOC #2025-0214482 Page 2 of 31
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 Tri Pointe Homes IE-SD, 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".
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DOC #2025-0214482 Page 3 of 31
G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract/Parcel intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".
NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows:
1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement.
(c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational.
(d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all rights -of -way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances.
Subdivider's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development. (f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline fie 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.
DOC #2025-0214482 Page 4 of 31
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) Forty Five Thousand and 00/100 DOLLARS ($45,000.00) 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) Forty Five Thousand and 00/100 DOLLARS ($45,000.00) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement. (iv) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or
DOC #2025-0214482 Page 5 of 31
referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released.
(c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts. (d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement.
Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the
DOC #2025-0214482 Page 6 of 31
drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City.
Said changes, if any, shall be confined to the Property.
5. Reserved.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation.
(b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Subdivider's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdivider's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the Improvements.
DOC #2025-0214482 Page 7 of 31
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.
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DOC #2025-0214482 Page 8 of 31
(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. Iniury to Public Improvements, Public Property or Public Utilities Facilities.
Subdivider shall replace or repair or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public 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 Page8of19