Agenda packet — Beaumont City Council, December 16, 2025 (part 6 of 12)

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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

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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

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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. Iniury 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

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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 corrector eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance.

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

18. Sale or Disposition of Subdivision; Assignment.
(a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider 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

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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

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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.

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

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

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

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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 Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non-payment). Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Subdivider and approved by City; nor shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.

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

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

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

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

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

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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.

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

Subdivider:

Signatur
Print Name: .

Attachments: Exhibit A
Exhibit B
Exhibit C
City:

CITY OF BEAUMONT
a Municipal Corporation
Signature:
ity Manager
ATTEST:

APPROVED AS TO FORM:
'John Pinkn City Attorney
APPROVED AS TO CONTENT:

Rober estal, 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)

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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, 419-020-074, 419-701-025 & 419-712-025 djm\agree\ Declaration of Covenant and Waiver 6-14-06
1

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CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

CONSTRUCTION COST WORKSHEET
FOR BOND PURPOSES: EXHIBIT "B"
PARCEL MAP OR TRACT NO.: 31468-4 & 31468-5 (Cherry Avenue Street Light Plans) DATE: 10 -Mar -25
PP, CUP NO.:

BY:

IMPROVEMENTS
FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
( of Estimated Construction Costs)
Streets/Drainage
Sewer
Total
Warranty Retension (10%)
Street/Drainage Plan Check Fees =
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =
45,000.00
45,000.00
4,500.00
$ 2,060.00

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

Above amounts do n include additional 20% for recordation prior to having signed plans Above a ..ants do no
include additional 20% for recordation prior to having signed plans l 3/11 /25
' ate
am yp-. • p m e• Civil Engineer's Stamp
FORM $ UNIT COSTS REVISED 09/06
*****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.

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3/1O/2025

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Bond No. 30240653
Premium: $167 / 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 Tract 31468-4 & 31468-5 (Cherry Avenue Street Light Plans) WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.

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]

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Performance Bond No. 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
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
Natne:

By:

Name:

Title:

Address: 1250 Corona Pointe Court, Suite 600
Corona, CA 92879

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC

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* LL- PURPOSE

CERTIFICATE OF ACKNO 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
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 Californi the foregoing paragraph is true and correct.

WIT = S and and- icial seal.

Not
(Notary Public Seal)
rye SARAH E. CAMPBELL
Notary Public - California
Los Angeles County
Commission # 2491647
s* My Comm. Expires Jun 27. 2028

ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM

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)
❑ Partner(s)
❑ Attomey-in-Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.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 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/they- is /ale ) 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.

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. rage rum OT 1 ' ou

DOC #2025-0214482 Page 25 of 31
POWER OF ATTORNEY APPOINTING 11 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 instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.

This Power of Attorney is made and executed pursuant to and by authority of the 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.

The Continental Insurance Company,
el
`•` Larry Kasten
% se
State of South Dakota, County of Minnehaha, ss: '"ate•*.

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.

Vice President
4rrwrr.rrrrrwrr..reaegrrw
M. BENT
'r L NOTARY PUBLIC 9 °r
yC SOUTH DAKOTA i
♦hrrrrrrrrr%Obhrrrrrrrrr+
My Commission Expires March 2, 2026 M. Bent

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. •1- �• 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 Attomey 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 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."

Page 705 of 1750 ends

Form F6850-6-2023

DOC #2025-0214482 Page 26 of 31

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 �. °. .� .`_ .; <f �' t (Seal)

LORETTA SAGINARIO BALLOU
COMM. # 2509383

NOTARY PUBLIC CALIFORNIA

RIVERSIDE COUNTY
My Commission Expires
February 9. 2029

Page 706 of 1750 ends

DOC #2025-0214482 Page 27 of 31
Bond No. 30240652
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, Sundance PA -14 SCE dated ., s� i1'( , 2026; whereby Principal agrees to install and complete certain designated Easement public improvements which is hereby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of ** dollars ($ 481,358.57 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. **Four Hundred Eighty -One Thousand Three Hundred Fifty -Eight and 57/100** 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 m 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]

Page 707 of 1750 ends

DOC #2025-0214482 Page 28 of 31
Payment Bond 30240652
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.

Name:

By:

Title: t s5,
Name:

Title:

Address: 1250 Corona Pointe Court, Suite 600
Corona, CA 92879

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC

Page 708 of 1750 ends

DOC #2025-0214482 Page 29 of 31

LL- PURPOSE

CERTIFICATE OF AC 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 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
Note
hand and `official seal.
(Notary Public Seal)
SARAH E. CAMPBELL
Notary Public - California
Los Angeles County
Commission # 2491647
My Comm. Expires Jun 27. 2028

ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM

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)
El Corporate Officer
(Title)
El Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
This form complies with current California statutes regarding notary wording and ifneedea 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/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. rage i uy or rou

DOC #2025-0214482 Page 30 of 31

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 IH, 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 Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.

This Power of Attorney is made and executed pursuant to and by authority of the 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.

The Continental Insurance Company
Larry Kasten Vice President
State of South Dakota, County of Minnehaha, ss:

NOTARY AKO A
f/ '1i
s 'SOUTH DAKOTA
i
My Commission Expires March 2, 2026 M. Bent

CERTIFICATE
Notary Public
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. i'''S�'k�' -. The Continental Insurance Company
rst
•O
•
•
••�•pNM•**,
Paula Kolsrud
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS 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 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."

Page 710 of 1750 ends

Form F6850-6-2623

DOC #2025-0214482 Page 31 of 31

ACK O LEDG T
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.

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"'.

LORETTA SAGINARIO BALLOU
COMM. p 2509383 cn NOTARY PUBLIC CALIFORNIA

RIVERSIDE COUNTY C
My Commission Expires
Februerr 9.2029 1\

Page 711 of 1750 ends

STREET LIGHT GENERAL NOTES

1. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CLEARING OF THE PROPOSED WORK AREA AND RELOCATION COSTS OF ALL EXISTING UTILITIES. PERMITTEE MUST INFORM CITY OF ITS CONSTRUCTION SCHEDULE AT LEAST 48 HOURS PRIOR TO BEGINNING OF CONSTRUCTION AT (951)769-8520.

2. ALL WORK SHALL CONFORM TO THE REQUIREMENTS OF THE RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT IMPROVEMENT STANDARDS AND SPECIFICATIONS, "LATEST EDITION," COUNTY ORDINANCE NO. 461, CITY OF BEAUMONT OUTDOOR LIGHTING ORDINANCE 1054 (CHAPTER 8.50) AND SUBSEQUENT AMENDMENT.

3. ALL UNDERGROUND FACILITIES, WITH LATERALS, SHALL BE IN PLACE PRIOR TO PAVING THE STREET SECTION INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING; SEWER, WATER, ELECTRIC, GAS AND STORM DRAIN.

4. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR OR DEVELOPER TO INSTALL AND MAINTAIN ALL CONSTRUCTION, REGULATORY, GUIDE

AND WARNING SIGNS WITHIN THE PROJECT LIMITS AND ITS SURROUNDINGS TO PROVIDE SAFE PASSAGE FOR THE TRAVELING PUBLIC AND WORKERS UNTIL THE FINAL COMPLETION AND ACCEPTANCE OF THE PROJECT BY THE CITY.

5. IT SHALL BE THE RESPONSIBILITY OF THE DEVELOPER/OWNER OR CONTRACTOR TO APPLY TO THE CITY OF BEAUMONT PUBLIC WORKS

DEPARTMENT, PERMIT SECTION, FOR ENCROACHMENT PERMIT FOR ALL WORK PERFORMED WITHIN PUBLIC RIGHT OF WAY, DEDICATED AND

ACCEPTED FOR PUBLIC USE AND TO BE RESPONSIBLE FOR SATISFACTORY COMPLIANCE FOR ALL CURRENT ENVIRONMENTAL REGULATIONS DURING THE LIFE OF CONSTRUCTION ACTIVITIES FOR THIS PROJECT. ADDITIONAL STUDIES AND/OR PERMIT MAY BE REQUIRED.

6. THE DEVELOPER SHALL BE RESPONSIBLE FOR THE INSTALLATION OF ADDITIONAL SIGNS AND MARKINGS NOT INCLUDED IN THE SIGNING AND

STRIPING PLAN WITHIN THE PROJECT AREAS, OR ON ROADWAYS ADJACENT TO THE PROJECT BOUNDARIES, UPON THE REQUEST OF THE PUBLIC WORKS DEPARTMENT OR INSPECTOR TO IMPROVE TRAFFIC SAFETY ON THE ROADS UNDER THE JURISDICTION OF THE DEVELOPER.

7. DEVELOPER SHALL BE FULLY RESPONSIBLE IN ASSURING THAT PROPOSED IMPROVEMENTS CONFORM TO THE APPROVED PLANS, SPECIFICATIONS AND CITY OF BEAUMONT STANDARDS. WHERE DEVIATIONS EXIST, DEVELOPER SHALL PROPOSE CORRECTIVE MEASURES FOR REVIEW AND APPROVAL BY THE CITY.

8. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR OR DEVELOPER TO APPLY TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR AN ENCROACHMENT PERMIT FOR ALL WORK PERFORMED WITHIN STATE RIGHT OF WAY.

9. STREET LIGHTS SHALL BE INSTALLED IN ACCORDANCE WITH THE APPROVED STREET LIGHTING PLAN PER CITY OF BEAUMONT APPROVED STREET LIGHTING SPECIFICATIONS.

10. STREET LIGHTING INSTALLATION SHALL BE CONSTRUCTED IN ACCORDANCE WITH CITY OF BEAUMONT OUTDOOR LIGHTING ORDINANCE 1054, TYPE A POLE, AS APPLICABLE.

SPECIFICATIONS -STREET AND SAFETY LIGHTING STANDARDS AND GUIDELINES

1. FUSE HOLDERS TO BE WATERPROOF AND UL LISTED. FUSES SHALL BE SLOW BLOW 13/32" X 1 1/2" IN -LINE TYPE IN 5 AMP SIZE (UNLESS SPECIFIED OTHERWISE BY THE CITY). THE FUSE SHALL BE INSTALLED IN THE HOT LEG OF THE LIGHTING CONDUCTOR. THE CIRCUIT SHALL BE FUSED IN THE PULL BOX. 240 -VOLT INSTALLATIONS REQUIRE EACH LEG TO BE FUSED USING A DOUBLE FUSE HOLDER AND TWO FUSES OF APPROPRIATE SIZE. HEAT SHRINK BOTH CRIMP ENDS.

2. PULL BOXES SHALL BE #3 1/2 PULL BOXES OR APPROVED EQUAL. PULL BOXES SHALL BE INSTALLED PER CALTRANS STANDARD DRAWING #1004 AS FOLLOWS:

1. LOCATED AT THE END OF THE CONDUIT RUN AND THREE FEET (3') FROM SCE SERVICE POINT. THE PULL BOX THAT FEEDS INTO SCE SERVICE POINT SHALL BE A #5 PULL BOX.

2. LOCATED WITHIN FIVE FEET (5') OF EACH STREET LIGHT.

3. LOCATED AT CONDUIT INTERVAL RUNS OF NOT MORE THAN 200 LF. ADDITIONAL #3 1/2 PULL BOXES WILL BE REQUIRED FOR CONDUIT RUNS OVER 200 LF LONG.

PULL BOXES SHALL BE INSTALLED ON SIDEWALK AND, WHERE PRACTICAL, SHALL BE INSTALLED WITH THE SHORT SIDE PARALLEL TO THE CURB. THEY SHALL NOT BE INSTALLED IN ANY PART OF A DRIVEWAY OR OTHER TRAVELED WAY, UNLESS APPROVED BY THE CITY ENGINEER AND PROVIDED WITH A METAL TRAFFIC COVER. PULL BOX COVERS SHALL BE INSCRIBED "STREET LIGHTING" AND SHALL BE SECURED WITH BOLTS, CAP SCREWS OR STUDS AND NUTS MADE OF STAINLESS STEEL. PULL BOXES SHALL BE TAMPER RESISTANT AND UTILIZE A SPECIAL KEY TOOL FOR OPENING. ANTI -SEIZE SHALL BE USED.

FOR MORE INFORMATION ON CITY STANDARD PULL BOXES, SEE TRAFFIC SIGNAL SPECIFICATIONS AND INSTALLATION GUIDELINES AND CITY STANDARD DRAWING #1004.

3. ALL CONDUIT SHALL BE TWO-INCH (2") UL APPROVED HEAVY WALL POLYVINYL CHLORIDE (PVC) SCHEDULE 40. CONDUIT SHALL BE ENCASED IN A MINIMUM OF THREE INCHES (3") OF SAND ON ALL SIDES. THE MINIMUM SWEEP RADIO SHALL BE TWENTY-FOUR INCHES (24"). THE MAXIMUM LENGTH OF A CONDUIT RUN SHALL BE TWO HUNDRED FEET (200'). THE CONTRACTOR MAY, AT HIS EXPENSE, USE CONDUIT OR A LARGER SIZE,

PROVIDED THE LARGER SIZE IS USED FOR THE ENTIRE LENGTH OF THE CONDUIT RUNS BETWEEN PULL BOXES (REDUCING COUPLINGS SHALL NOT BE ALLOWED).

CONDUIT SHALL BE LAID TO A DEPTH OF NOT LESS THAN THIRTY INCHES (30") UNLESS PLACED UNDER SIDEWALK IN WHICH CASE ONLY EIGHTEEN INCHES (18") SHALL BE REQUIRED. CONDUIT LAID IN OPEN TRENCH SHALL NOT BE COVERED NOR SHALL TRENCH OR INSPECTION HOLE BE BACKFILLED UNTIL ACCEPTED BY THE CITY ENGINEER OR HIS DESIGNATED REPRESENTATIVE.

4. SPLICES SHALL BE PERMITTED IN PULL BOXES AND LIGHTING STANDARD BASES ONLY. ALL SPLICES SHALL BE WATERPROOFED WITH PENATROX WITH BUTT SPLICE AND HEAT SHRINK TUBING.

5. ALL CONDUCTORS SHALL BE STRANDED COPPER, XHHW-2, #8 AWG MINIMUM. MAXIMUM WIRE SIZE SHALL BE #6 AWG. NEITHER ALUMINUM NOR DIRECT -BURIAL CABLE SHALL BE ACCEPTED. ALL STREET LIGHT SYSTEM SHALL BE PROVIDED WITH 120-240V SERVICE.

WIRE SHALL CONFORM TO THE APPLICABLE PORTION OF ASTM B3 AND B8. WIRE SIZE SHALL BE INDICATED ON THE "ASBUILT" PLANS. WIRE

CONNECTORS SHALL BE APPROVED BY THE CITY ENGINEER OR HIS DESIGNATED REPRESENTATIVE AND SHALL BEAR THE UL SEAL OF APPROVAL. THE INSTALLATION PROCEDURE, CONNECTOR SIZE AND CRIMPING TOOLS SHALL CONFORM TO THE MANUFACTURER'S RECOMMENDATIONS.

WIRE FROM THE BASE OF THE POLE TO THE LUMINAIRE SHALL BE #10. FOR THE 120 -VOLT INSTALLATIONS, THE WIRES SHALL BE BLACK AND WHITE, WITH BLACK BEING THE HOT WIRE AND FUSED. FOR 240 -VOLT INSTALLATIONS, ONE HOT WIRE SHALL BE BLACK AND THE OTHER SHALL BE RED. BOTH HOT WIRES SHALL BE FUSED. ANY GROUND WIRES SHALL BE GREEN AND CONNECTED TO A CLAMP ATTACHED TO AN ANCHOR BOLT.

SERVICE RUNS PARALLEL TO THE STREET SHALL BE INSTALLED UNDER THE SIDEWALK WHERE NEW SIDEWALK IS BEING CONSTRUCTED OR DIRECTLY BEHIND THE EXISTING SIDEWALK. VOLTAGE DROP SHALL NOT EXCEED FIVE PERCENT (5%).

6. SEE BEAUMONT STD. PLAN #802 FOR SERVICE CABINET INFORMATION.

7. CONTACT SCE FOR A SERVICE POINT. SCE WILL IDENTIFY WHAT SERVICE IS AVAILABLE AND WHERE IT IS LOCATED. IN RARE CASES, A NEW

STREETLIGHT CAN BE CONNECTED TO AN EXISTING STREETLIGHT CIRCUIT, BUT NOT WITHOUT WRITTEN PERMISSION FROM THE CITY ENGINEER. NEW VOLTAGE DROP CALCULATIONS SHALL BE REQUIRED TO VERIFY THAT EXISTING CIRCUIT CAN HANDLE ADDITIONAL LOAD.

THE SERVICE POINT SHALL BE IN THE CITY'S RIGHT-OF-WAY; OTHERWISE, THE CITY WILL REQUIRE AN EASEMENT TO THE SERVICE POINT.

8. SEPARATE METER PERMIT(S) REQUIRED FROM BUILDING & SAFETY DEPARTMENT.

CHERRY AVENUE
STREET NAME: CHERRY AVENUE
BEAUMONT, CA.

E OAK VLY PKWY

BEAUMONT AVE

PENNSYLVANIA AVE
E 8TH ST

CHERRY AVE
[PROJECT SITE ((lj
cop
E 6TH ST

VICINITY MAP
N.T.S.

SCOPE OF WORK
INSTALL NEW LED STREET LIGHTS AND SITE ELECTRICAL INFRASTRUCTURE. SEE LUMINAIRE SCHEDULE FOR FIXTURE AND POLE TYPES. LIGHTS SHALL BE CONTROLLED BY PHOTOCELL LOCATED ON STREET LIGHT.

UTILITY COMPANIES

UNDERGROUND SERVICE ALERT

SOUTHERN CALIFORNIA EDISON
AT&T

TIME WARNER CABLE

COX COMMUNICATION
LEGEND
(800) 422-4133
(800) 409-2365
(800) 892-0123
(760) 340-2225
(888) 423-3913
A-1,3
EXISTING 100A, 120/240V, 3W, 10.

PROPOSED TYPE "A", 15 WATT LED, 240 VOLT. FIXTURE TO BE GENERAL ELECTRIC EVOLVE CATALOG#:ERL1-0-02-B5-27-A-GRAY-L.

PROVIDE GE LIGHT GRID NODE #ELWM1A8UXXXXAD. POLE TO BE
AMERON TYPE 1C123. PER CITY OF BEAUMONT. OR LATEST
STANDARDS. SEE DETAILS 'A' SHEET 3. PROVIDE PULL BOX
ADJACENT TO STREET LIGHT.

PROPOSED STREET LIGHT PULLBOX.

PROPOSED UNDERGROUND CONDUIT AND WIRES

LETTER INDICATES ELECTRICAL PANEL AND
NUMBERS INDICATE CIRCUIT POSITIONS.

FIXTURE QUANTITIES
15 WATT LED STREET LIGHT (7)
NORTH

DECLARATION OF RESPONSIBLE CHARGE
I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT. THAT I HAVE

EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS.

I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF

MENIFEE IS CONFINED TO A REVIEW ONLY AND DOES NOT RELIEVE ME, AS ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR PROJECT DESIGN.
8-29-25

MARIO PEREZ
NO. E 22246
EXP. DATE 03-31 -26
DATE

SHEET INDEX
SHEET #

DESCRIPTION
1 TITLE SHEET
2 LIGHTING PLAN
3 DETAIL SHEET
Call 2 Working Days
Before You Dig!
811
BENCHMARK:

THE TOP OF CURB AT THE POINT OF CURVATURE AT

THE NORTHEAST CORNER OF THE NORTHWEST CURB

RETURN AT THE INTERSECTION OF HIGHLAND SPRINGS
AVENUE AND 2ND STREET.

ELEV. 2559,03, TBM
O
BY
MART(

DESCRIPTION
APPR.

DATE

REVISIONS

MARIO PEREZ

ENGINEER OF WORK
R.E.E. E-22246
DATE
DESIGN BY:

RC
DRAWN BY:

RC
CHECKED BY:

KPSR
SCALE:

N/A
DATE:
8/29/25
JOB NUMBER:

Reviewed By:

Essf/il 0074/1
Recommended
For Approval
By
Approved By:

Staff Engineer
Administrative Engineer
City Engineer/Director of. Public Works
91/2025
Date:

Date: 9/15/25
Date: 09/16/2025

CITY OF
EAU
V
❑NT, CALIFORNIA
CITY OF BEAUM0NT, PUBLIC WORKS DEPARTMENT 550E. 6th St
ENGINEERING DIVISION Beaumont, CA 92223
TEL, (951) 769-8520 FAX, (951) 769-8526
STREET LIGHT PLANS FOR:

ERRY AVE\.�E

TITLE SHEET
SHEET
1 OF 3 SHEETS
FILE NO:
3535
STREET LIGHT PLA\S

ENGINEER
CITY

Page 712 of 1750 ends

30 0'
a
ILLINOIS AVE.
20' 40'
(d) Dnoad 33S - 3Ni1H0ldw
(8) 3AOBV 33S - 3NI1HO±VW
AVE
LDDHIS HIOI.
80'
7-77
NORTH SCALE: 1"=40'-0"
e
R i AVE .
15 83
419—020-074
(VACANT)

CONSTRUCTION NOTES
. ST LIGHT /
15W LED
A-5,7

C ST LIGHT
15W LED
A-9,11
TIE INTO EXISTING METER PEDESTAL FOR STREET LIGHT CONNECTION.

FURNISH AND INSTALL UNDERGROUND PULL BOX. SEE SPEC 2,
SHEET 1 AND DETAIL C, SHEET 3.

FURNISH AND INSTALL 2" C-4#8, 1#10 GND. BURY 18" BELOW GRADE.

FURNISH AND INSTALL 2" C-2#8, 1#10 GND. BURY 18" BELOW GRADE. x x x x
419-020-065
(VACANT)

C ST LIGHT
15W LED
A-5,7
LEGEND
CHERRY AVE.

X X X
X X
n i.
419-0:
(VAC,
I\
A-1,3
EXISTING 100A, 120/240V, 3W, 10.

PROPOSED TYPE "A", 15 WATT LED, 240 VOLT. FIXTURE TO BE GENERAL ELECTRIC EVOLVE CATALOG#:ERL1-0-02-B5-27-A-GRAY-L.

PROVIDE GE LIGHT GRID NODE #ELWM1A8UXXXXAD. POLE TO BE
AMERON TYPE 1C123. PER CITY OF BEAUMONT. OR LATEST
STANDARDS. SEE DETAILS 'A' SHEET 3. PROVIDE PULL BOX
ADJACENT TO STREET LIGHT.

PROPOSED STREET LIGHT PULLBOX.

PROPOSED UNDERGROUND CONDUIT AND WIRES

LETTER INDICATES ELECTRICAL PANEL AND
NUMBERS INDICATE CIRCUIT POSITIONS.

FIXTURE QUANTITIES
15 WATT LED STREET LIGHT (7)
C.
w
67 15+75.13

C ST LIGHT
15W LED
A-9,11
X
X X _

C ST LIGHT
15W LED
A-5,7
X X
m
419-020-074
(VACANT)
mmm
!■R _
419-020-065
(VACA
20 19+75.06

C ST LIGHT
15W LED
A-5,7
0 C ST LIGHT
15W LED
A-9,11
Call 2 Working Days
Before You Dig!
811
BENCHMARK:

THE TOP OF CURB AT THE POINT OF CURVATURE AT

THE NORTHEAST CORNER OF THE NORTHWEST CURB

RETURN AT THE INTERSECTION OF HIGHLAND SPRINGS
AVENUE AND 2ND STREET.

ELEV, 2559,03, TBM
0 BY
MART(

DESCRIPTION
APPR.

DATE

REVISIONS

MARIO PEREZ

ENGINEER OF WORK
R.E.E. E-22246
DATE
DESIGN BY:

RC
DRAWN BY:

RC
CHECKED BY:

KPSR
SCALE:

N/A
DATE:
8/29/25
JOB NUMBER:

Reviewed By:

Ess74/yl DOL4/f
Recommended
For Approval
By
Approved By:

Staff Engineer
Administrative Engineer
City Engineer/Director of. Public Works
1/2025
Date:

Date: 9/15/25
Date: 09/16/2025

CITY OF
EAUv❑NT, CALIFORNIA
CITY OF BEAUM0NT, PUBLIC WORKS DEPARTMENT 550E. 6th St
ENGINEERING DIVISION Beaumont, CA 92223
TEL, (951) 769-8520 FAX, (951) 769-8526
STREET LIGHT PLANS FOR:

ERRY AVE\._,E
LIGHTING PLA\
SHEET
2 OF 3 SHEETS
FILE NO:
3535
STREET LIGHT PLA\S

ENGINEER
CITY

Page 713 of 1750 ends

SEE DETAIL 'F' BELOW FOR
POSITIONIING WITHIN SIDEWALK.
p�
I
I
I
I
I
10 AMP FUSE I
I
MAX. (INSTALL J�
IN ONE
DIRECTION 1
ONLY). FOR
240V SYSTEM I
USE 2 PULL /

FUSE HOLDER
I 1„

WEATHER TIGHT

SEALANT
I
I
I
I

POLE SHAFT
` !:
1 1 '0 NOT FUSE WHITE NEUTRALS
ONNECT GREEN GROUNDING WIRE WITH 2' #5 PULL BOX
OF SLACK TO BARE NO. 4 STRANDED WIRE
30"X30"X7" KNOCKOUT CAP ALL COILED FINISHED GRADE
1 `
CONCRETE SHALL BE 560-C-3250 SLACK
REV
DATE

DESCRIPTION
BY
APPR

COILED SLACK PULL BOX

CONTEMPORARY SERIES BASE PLATE OCTAGONAL POLE

TOP MOUNT LMA ASSEMBLY
POLE
POLE
HIEGHT

OVERALL
BASE
BOLT

ULTIMATE

GROUND LINE
POLE
WEIGHT
6' O" ±1"
REMOVABLE OCT.

DOMED TOP CAP

ATTACHES WITH GALVANIZED
STEEL ROD PLATE, (4) HEX

NUTS & WASHERS

DESIGNATION
ABOVE
GRADE
POLE
LENGTH
O.D
CIRCLE
MOMENT
(ft_Ibs)
(lbs)

PVC CONDUIT
.:_.
... - L
- PVC CONDUIT
(INCLUDES MOUNTING

WITH POLE)
1C123
23'O"
23'x•
83/r
12-1/2'

22.200
94O
t
HARDWARE ®
3' ± t'
(INCLUDED
®

k
-,•, .-.�. �`v
,�•',
32"
± 1"
•F• LEVEL POLE CONFIG CODES
•P' LEVEL POLE CONFIG CODES
■��
.^ i �1. ti!~ s!� z!~ .LT_�Y -��s
:� �� :�••!• �Z� :�l�l�•• ��!� �°
2-3/8" DIA
�y:

OPTION CLASS
ENTRY
INFO

SEE TABLE FOR CONDUIT PULL BOX SHALL REST
SWEEP INFORMATION FIRMLY ON A 12" THICK

ALUMINUM PIPE
I
I
.

COATING
I
MIX
37 1-1/2" ± 1/4"

HHCOVER
45209
FINISH
3 STUD EXTENSION
6" OCTAGONAL

DOOR SCREWS
STD

BASE PLATE
45084
NOTE 1O
(ACROSS FLATS) .
1/2"-13UNC
I
;
MISC. MOD
MODSM
POLE TOP CONFIG.

MOD90

TYPICAL CONDUIT SWEEPS
BED OF 3/4" CRUSHED

POLE TOP WITH
1-7/8" f 5/8" I.D. STUDS
/

RACEWAY
(STANDARD MOD90 POLE TOP) RED, EACH WITH:
( ) POLES RE

CONDUIT USE
MAX. CONDUIT SWEEP
ROCK EXTENDING 6"
(4) i /2-13UNC GALV. STEEL (1) B' SINGLE ALUMINUM PIPE ARM ASSEMBLY (P/N: 1AP6A) L
I'

FIBER OPTIC
45' PVC

BEYOND THE OUTSIDE

OF THE PULL BOX
45' (TYP)
TOP MOUNT ANCHORS x 12" .,I
r. (4) 1" x 36" x 4• ASTM P1554 GR 36 GALVANIZED ANCHOR BOLTS (PIN: 75766) ,,

,
MINIMUM 5'-O"

EMBEDDED BELOW GRADE
t EDGE

ONLL CKL REST FIRMLY

LG EQUALLY SPACED ON A
3-11/16" DIA BOLT CIRCLE
NOTES'

STREET LIGHT
90° PVC
•
v
ANCHOR BOLTS 12"
/PULL
•
; •
;
'
o•
• !. • •
,.
. •
�
•w
•
•MOUNT
•
*,
, s •
•, .

I . -
• I?
1"x36"x4" HOOK,

GALVANIZED -
(4 PER POLE)

ATTACH GROUND WIRE

TO ANCHOR H BOLT
12X THICK
A 12" BED OF 3/4"
CRUSHED ROCK EXTENDING 6"
- BEYOND THE OUTSIDE EDGE

OF THE PULL BOX
2" CONDUIT

TRAFFIC SIGNAL
90' PVC

LUMINAIRE

MOUNTING
6" OCT.

TOP
DETAIL
HEIGHT

SPUNCAST, POLE TOPISTUD DETAIL

1. MIX(373I): LA BLACK & WHITE, EXPOSED AGGREGATE FINISH WITH • P
meow e
25'-8"

OVERALL
POLE
LENGTH
POLE
HEIGHT
ABOVE
GRADE
23'-O"

PRESTRESSED

CONCRETE POLE
18O•
90' :i
`��
O'

HANDHOLE

POLE ORIENTATION
`'
;%�

AUMINUM

HANDHOLE
270' FRAME
I
'

I �I
-
AMERSHIELD ANTI -GRAFFITI COATING.

2. ASTM C-150 TYPE III GRAY CEMENT.

3. fc @ 28 DAYS = 6,000 PSI, USING SPUN CYLINDER TEST.

4. fc @ 28 DAYS = 5,000 PSI, USING ASTM C-31 CYLINDER TEST.

5. POLES MANUFACTURED PER ASTM C-1089-13 SPECIFICATIONS. i.

HANDHOLE OPENING 6. PROTECTIVE COAT EXPOSED P.C. WIRES AT POLE ENDS. 2-1/4" x 8-1/2" 7. BASEPLATE (ASTM A36) IS FULLY PRESTRESSED WITH (8) 5/16" DIA WITH ALUMINUM COVER 0 0' PRESTRESSING CABLES (ASTM A416). (SHOWN 0 270' FOR CLARITY) 8. THE OCTAGONAL ARM BRACKET MAY BE ROTATED & SET TO ALIGN

COVER TO BE ATTACHED WITH ANY OF THE POLE'S OCTAGONAL FLATS PER THE CUSTOMER'S PRIOR TO SHIPMENT WITH REQUIREMENTS.

STANDARD (STD) DOOR SCREWS 9. THE POLE (& TOP MOUNT SINGLE LMA) DEPICTED ON THIS DRAWING IS

DESIGNED TO WITHSTAND THE LOADS IMPARTED BY A SINGLE
ALUMINUM PIPE LUMINAIRE ARM (NOT TO EXCEED 6' LENGTH, 2.1 SQ FT EPA & 25 LBS, ARM & CAN COMBINED) WITH ARM HOLDING A .4
1 . a
a
•.
•
!,
1" CONDUIT 90 SWEEP

POUR AGAINST UNDISTURBED EARTH

a: LID INFORMATION
C
D
)
:�
`
`•
\"

TAMPER

MOUNTING
PB

NECESSARY

RESISTANT

EXTENSION

MANUFACTURER IF INTENDED LOADING EXCEEDS THESE VALUES.
, "POLE IS LOCATED IN A SPECIAL WIND REGION, PURCHASER TO &

ANCHOR BOLTS WITH HEX NUTS &
WASHERS ASTM F1554 GRADE 36
VERIFY REQUIRED WIND SPEED." SWEEP.
(P/N: 75766 OR EQUIVALENT BY
OTHERS) DEFAULT ANCHOR BOLT h
SHOWN; FOUNDATION DESIGN IS BY
,FM
. r ' 10. POLE SHOWN IS SUITABLE FOR CAPPED BASEPLATE (ENCASED IN t NON -SHRINK GROUT CONCRETE), OTHERWISE, OTHER NON -CAPPED INSTALLATION (BY OTHERS) REQUIRES A GALVANIZED BASEPLATE.

MINIMUM PB DIMENSIONS
-
#3i PB
#5 PB
#6 PB
OTHERS. SPECIFIC FOUNDATION
A
14"
18"
22"

DESIGNS MAY REQUIRE ALTERNATIVE

BOLT REQUIREMENTS BASE
DETAIL

APPROVED BY DATE
B
19"
28"
34"

GRADE LINE
C
12"
12 12"
�.
3" • �e
"•.
'° v 9" O.D.
110il POLE PRODUCTS
A 1 12"
D
-
12"

*FOR PREFERRED MANUFACTURER AND ADDITIONAL
PULL BOX INFORMATION SEE CITY SPECIFICATIONS.
(ACROSSFLASE
1-1/4" DIA 1-3/4"
www.ameronpoles.com
.1111e1'ull

POLTYPE
(4)
_
1C123

LG SLOTS EQUALLY SPACED

CITY OF BEAUMONT
DATE

MFG DATE
_
ON A 11-1/2" TO
12-1/2" DIA BOLT CIRCLE'

BEAUMONT, CA
NOTE: PULL BOX COVER SHALL BE EQUIPPED WITH LOCKS IN ACCORDANCE WITH BMC 8.50.090.6

NO SCALE
NOTE: ANCHOR BOLT, WASHERS AND NUTS WILL BE HOT DIPPED GALVANIZED STEEL.

POLE PLACEMENT SHALL COMPLY WITH REQUIREMENT TO MAINTAIN A MINIMUM 18" SET BACK FROM CURB FACE.

NO SCALE

BMT SLC
12" SQ (NOM) x 3/4"

STEEL PLATE
FRAME STAMP DETAIL ASTM A36
1C123 POLE WITH SINGLE 6' ARM ASSEMBLY
-
(MODSM)

MODSM STAMP HANDHOLE
3-3 4" f 1 4" I.D.
/ /
THIS DOCUMENT CONTAINS INFORMATION WHICH IS PROPRIETARY TO NATIONAL OILWELL VARCO. IT SHALL NOT BE REPRODUCED, USED OR DISCLOSED TO ANYONE WITHOUT THE PRIOR WRITTEN PERMISSION OF NATIONAL OILWELL VARCO.

FRAME WITH "BMT SLC"
BASE
PLATE

CONDUIT RACEWAY
DETAIL
DRAWN: BEU
DATE: 6/30/22
APPR:

DATE:

DRAWING NUMBER

REVISION
SHEET
SCALE

COMPLIANCE TOANY CODE NOT BCPLICTTLYLISTED

P/ FARP CONTACT NATIONAL OILWELL VARCO IF YOU
ON THIS DRAWING IS NOTGUARANTEED.

HAVE SPECIFIC CODE REQUIREMENTS
2206-059
-
1 OF 1
NTS

NO SCALE
A TYPE

INSTALLATION
'A'

STREET LIGHT
DETAIL

STREET LIGHT FOUNDATION

C PULL BOX

INSTALLATION DETAIL (VERIFY LATEST STANDARD DRAWING)
BACKFILL MATERIAL:

EXISTING METER PEDESTAL
LEGEND
FINISH
GRADE

THE MATERIAL USED FOR BACKFILLING

THE SHADING MATERIAL AND EXTENDING

SUBGRADE SHALL BE FREE OF ROCKS
THAT 6" IN ANY DIMENSION. THE

WELL DISTRIBUTED THROUGHOUT

AMOUNT OF ROCKS OR CLODS SHALL
OPINION OF THE INSPECTOR. THE

MEET THE REQUIREMENTS OF ALL

THE TRENCH ABOVE

UPWARD TO THE

OR CLODS LARGER

COARSE MATERIAL SHALL BE
THE FINER MATERIAL. THE

BE LIMITED, IN THE

BACKFILL MATERIAL SHALL

APPLICABLE CODES,
MOUNTING: PEDESTAL PANEL A LOCATION: CHERRY AVE
VOLTAGE: 120/240 PHASE: 1 WIRE: 3 AIC SYM: 10,000 BUS: 100A MAIN: 100A/2P

LOCATION

WATTAGE
L MPBC
T
I O K
I
P
CB

I K O I T
PML

WATTAGE

LOCATION

ORDINANCES AND CITY STANDARDS
AND ORGANIC MATTER.

AND BE FREE OF DEBRIS
OA
OB
GS L

RRH RRL
SG
OA
OB
I I I
-I
I

I NATUA
-I I-
SHADING MATERIAL AND INSTALLATION:

MAIN CIR. BREAKER
100
1 A
2 SPACE
I _
I
I
z
o
co
-
-
I
I
_l !
I I-

GRANRTEL ROCK FSAND, IREE SANDY LOAMAEXIST
MATERIAL OR COMBINATION THEREOF.

MATERIAL SHALL BE CAPABLE OF
SIEVE. GRAVEL SHALL NOT AMOUNT
MIXTURE. SCREENING OR OTHER

REQUIRED AT THE INSPECTORS

THE EARTH TRENCH BOTTOM SHALL

UNIFORM GRADE CONTAINING NO
ETCETERA. THAT MAY DAMAGE THE

OPINION OF THE INSPECTOR, THE
DURING COMPACTION, A 3" SHADE
BELOW THE CONDUIT MAY BE REQUIRED.

G NATOIVED

AGGREGATE
PASSING THROUGH A Y2"
TO MORE THAN 50% OF

SUITABLE MEANS MAY BE
DISCRETION.

BE STABLE WITH A

HARD CLODS, ROCKS, AND
CONDUIT. IF IN THE

CONDUIT MAY BE DAMAGED

OF MATERIAL ABOVE AND
%///
2 3
B
4 SPACE
(A)

STREET LTS
30 4
20 5
A
6 SPACE
,
EXISTING 100A, 120/240V, 3W, 10.
30 2
7 B
8 SPACE
POSEDE TYPE "A", 15 WATT LED, 240 OR LT. RE TO BE
(A)

STREET LTS
23 3
20 9
A
10 SPACE
GEPRNERAL ECTRIC EVOLVE CATALOG#: 1 OIO2 B5 27- GRAY -L.

PROVIDE GE LIGHT GRID NODE #ELWM1A8UXXXXAD. POLE TO BE
AMERON TYPE 1C123. PER CITY OF BEAUMONT. OR LATEST
STANDARDS. SEE DETAILS 'A' SHEET 3. PROVIDE PULL BOX
ADJACENT TO STREET LIGHT.
23 2
11 B
12 SPACE
SPACE
13 A
14 SPACE
SPACE
15 B
16 SPACE
SPACE
17 A
18 SPACE
53 53

WATTS/LINE
0 0
PROPOSED STREET LIGHT PULL BOX.

TOTAL OA: 53 WATTS
OB: 53 WATTS
TOTAL WATTS: 106
PANEL AMPS: 0.4
HIGH PHASE LCL AMPS: 0.5

BREAKERS SHALL BE FULLY

RATED AND MARKEDTOTAL
ACCORDING TO NEC.

PROPOSED UNDERGROUND CONDUIT AND WIRES

LETTER INDICATES ELECTRICAL PANEL AND
A-1,3 NUMBERS INDICATE CIRCUIT POSITIONS.

COMPACTION:
(A) INSTALL NEW STREET LIGHTS CONTROLLED INDIVIDUALLY BY PHOTOCELL ON STREET LIGHT. PROVIDE 2P -20A BREAKERS AS REQUIRE. USE SAME TYPE AND KIND.

NO SCALE

SHADING AND BACKFILL SHOULD

ACCORDANCE WITH GOVERNMENTAL

BE COMPACTED IN

AGENCIES AND SHALL
TRENCH HAVE A MINIMUM OF 90% RELATIVE
WIDTH AS REQUIREMENTS WITH INSPECTOR.

ELECTRICAL REQUIRED
CONDUITS FOR NOTE TO CONTRACTOR:

COMPACTION. VERIFY
CONDUITS. MAINTAIN PROPER SEPARATION

UTILITIES PER THE CITY OF BEAUMONT
COMPANY.

NO SCALE

FROM ALL WET AND DRY

AND LOCAL UTILITY

D TRENCH & CONDUIT

INSTALLATION DETAIL
E
/
EX. METER PEDESTAL 'A', LIGHTING
CONTROLS AND SCHEDULE.

BENCHMARK/
THE TOP ❑F CURB AT THE POINT ❑F CURVATURE AT
THE N❑RTHEAST C❑RNER ❑F THE NORTHWEST CURB `O A j DRAWN RETURN AT THE INTERSECTION ❑F HIGHLAND SPRINGS
AVENUE AND 2ND STREET.
2 5 5 9, 0 3, T B M
DESIGN BY:

RC
Reviewed By: fSS4/119074 9//2025
Date;
CITY
IF
3EAUVINT

CALIFORNIA
SHEET
3 OF 3 SHEETS
,:_\/
`�/q
0FESS/0
v
\� pF < \
��
E22246 `�
3 ,/' .�
�� '" *

-crR��
F QF ��
CAS
Staff Engineer
Recommended
For Approval Date: 9/15/25
EET
C

IGHT PLANSDRGA-

E R R Y AVE

DETAIL SHEET
\
U E
L
L
1 D
BY: ST
RC
\ll
��►
I
a ELEV.

I
0M
. Re-
Call 2 Working Days
Before You Dig!
811
CHECKED BY:

KPSR
B y; Administrative Engineer
Approved By: Date: 09/16/2025
SCALE:

N/A

MARIO PEREZ
0 FILE N0:
3535
City Engineer/ /rector of Public Works
DATE:/
8/29/25
BY
MARK

DESCRIPTION
APPR.

DATE
CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT 550E. 6th St
ENGINEERING DIVISI❑N Beaumont, CA 92223
TEL, (951) 769-8520 FAX, (951) 769-8526
STREET LIGHT P LA\ S
JOB NUMBER:

ENGINEER OF WORK DATE
R.E.E. E-22246

ENGINEER
R E V T S T❑ N S
CITY

Page 714 of 1750 ends

INSPECTION REPORT
SCE Easement Walking Path Paving Project PW2025-0321
**SCE Easement Walking Path Paving Project Inspection Report, PW2025-0321** **Date: June 5, 2025**
- Elite Construction conducted a subgrade inspection for the walking path. All subgrade conditions were found to be stable and passed inspection.
**Date: June 6, 2025**
- Elite Construction began paving the walking path from Cherry Avenue east to Starlight Avenue. Matich is supplying hot mix asphalt (HMA), and Vance is handling the paving. There are drainage issues in the section from Starlight Avenue to Highland Springs Avenue, and we are awaiting feedback from the de- veloper before proceeding.
**Dates: June 9 - June 12, 2025**
- Changes were made to the grading to ensure proper drainage. A swale was created to direct drainage towards Highland Springs Avenue. Water will flow into a tin whistle near Highland Springs and into the channel.
**Date: June 25, 2025**
- Vance is paving the SCE Walking Path between Starlight Avenue and Highland Springs Avenue. **Dates: July 9 - July 16, 2025**
- DG border is being installed throughout the limits of the project. **Date: July 28, 2025**
- Striping is being applied in the center of the SCE Walking Path using a 6 -inch skip white line. **Dates: October 21 - October 24, 2025**
- Hydroseeding is taking place throughout the project area. Work is complete.

Page 715 of 1750 ends

DOC # 2025-0214477
RECORDING REQUESTED BY:

CITY CLERK
WHEN RECORDED RETURN TO:

City Clerk
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
uin4/ U2 u4:uy rlvi i-ees: u.uu

Page 1 of 32 ends

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 EAU O T

SUBDIVISIO I PROVE E T AGREE E T
T ,,CT or PARCEL AP O. 34862
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
Sundance SCE Easement
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:
$ 481,358.57
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 30240652
LETTER OF CREDIT NUMBERS:

FINANCIAL INSTITUTION: The Continental Insurance Company

Page 1 of 19 ends

Page 716 of 1750 ends

DOC #2025-0214477 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".

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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.

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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) Four Hundred Eighty One Thousand Three Hundred Fifty Eight and 57/100 DOLLARS ($481,358.57) 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) Four Hundred Eighty One Thousand Three Hundred Fifty Eight and 57/100 DOLLARS ($481,358.57) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ 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

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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

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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.

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

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

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

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

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

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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.

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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.

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DOC #2025-0214477 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.

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.

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Subdivider's operations, or any subcontractor's operations, to be performed under this Agreement for Subdividers 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.

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DOC #2025-0214477 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.

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DOC #2025-0214477 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.

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

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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 Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Subdivider (ten (10) days' notice for cancellation due to non-payment). Subdivider further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Subdivider and approved by City; nor shall Subdivider allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.

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

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

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

Subdivider:
s
0 City:

CITY OF BEAUMONT
a Municipal Corporation
Signature. Signature:

Print Name: ,c, k TA.. -A \ov
Attachments: Exhibit A
Exhibit B
Exhibit C
ity Manager
ATTEST:

APPROVED AS TO FORM:

John Pinkney, Attorney
APPROVED AS TO CONTENT:

RobertXestal, Dir. Of Engineering ublic 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)

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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

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CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

CONSTRUCTION COST WORKSHEET
PARCEL MAP OR TRACT NO.: Sundance SCE Easement
DATE: 2.19.2025
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 =
$ 481,358.57
$ Not Used
$ 481,358.57
10% $ 48,135.86

Above amounts do ninclude additional 20% for recordation prior to having signed plans Above amounts do not ninclude additional 20% for recordation prior to having signed plans 8 -Feb -24
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.

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CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT:

Sundance SCE Easement
DATE: 2.19.2025

LANDSCAPE IMPROVEMENTS
QTY.

UNIT
ITEM

UNIT COST
AMOUNT
30,150
Sf
Rehabilitate Existing Asphalt Trail (Cherry to Startlight) $ 3.25
$ 97,988
25,400
Sf
10' Width Asphalt Trail, 3" on Native (Starlight to
Highland S brings)
$ 3.00
$ 76,200
22,220
Sf
Meandering 12" to 36" Width DG, Rolled -Edge
(Starlight to Highland Springs)
$ 2.00
$ 44,440
2,215,897
Sf
Smooth -Out" to say Large Rocks, Trash and Dump Piles
will be removed
$ 0.05
$ 110,795
2,163,527
Sf
Hyrdroseed
$ 0.05
$ 108,176
A.

Subtotal
B. Contingency (% x A)
$ 437,599
10% $ 43,760
C. Landscape Improvement Total (A + B) $ 481,359

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DOC #2025-0214477 Page 23 of 32
Bond No. 30240652
Premium: $1,781 / 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, 2026, 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 SCE Easement WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of *** dollars ($ 481,358.57 ) 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. ***Four Hundred Eighty -One Thousand Three Hundred Fifty -Eight and 57/100*** 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.

Page 738 of 1750 ends

DOC #2025-0214477 Page 24 of 32
Performance Bond No. 30240652
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 .
�.ttis�k
(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: ' r1J•Sla�,
By:

Name:

Title:

Address: 1250 Corona Pointe Court, Suite 600
Corona, CA 92879

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC

Page 739 of 1750 ends

DOC #2025-0214477 Page 25 of 32

LL- PURPOSE

CERTIFICATE OF ACKNOWLEDG
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 1 4 2025 before me, _
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.
}
Sarah E. Campbell, Notary Public
(Here insert name and title of the officer)
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
y hand and offNial seal.

Not
(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)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other

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 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 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/they;- is /ere ) 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 pennits, 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.

DOC #2025-0214477 Page 26 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 IH, 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 Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.

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.

The Continental Insurance Company
0H4i.40,.•
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 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. ..... Nq%4%% 44444444g44i
M. BENT
j/° ,SOTAZ P KOTA/¢;;1 f
e SOUTN DAKOTA
..... ......N4N4g444444t
My Commission Expires March 2, 2026
Larry Kasten Vice President
M. Bent
Notary Public

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.

IP4I1Z•• The Continental Insurance Company
tat
d•
Paula Kolsrud
Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:

Page 741 of 1750 ends

Form F6850-6-2023

DOC #2025-0214477 Page 27 of 32

ACK O LEDG E T
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.

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 �tP F:, , ! �.I_. t r {.,r, f >a ,,t. f. (Seal) LORETTA SAGINARIO BALLOUji
COMM, # 2509383 Y

NOTARY PUBLIC CALIFORNIA C

RIVERSIDE COUNTY N
My Commission Expires
February 9. 2029

Page 742 of 1750 ends

DOC #2025-0214477 Page 28 of 32
Bond No. 30240651
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, Sundance PA -14 Basin dated Mpt-cli 19 , 2025, whereby Principal agrees to install and complete certain designated public improvements which is hereby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of ** dollars ($ 83,613.75 ), 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. **Eighty -Three Thousand Six Hundred Thirteen and 75/100** 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.

Page 743 of 1750 ends

DOC #2025-0214477 Page 29 of 32
Payment Bond 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)
• r=,
The Continental Insurance Company
SURETY
By:

Name: Michelle Haase
Title: Attorney -in -Fact
Address: 2 Park Plaza, Suite 400
Irvine, CA 92614
Name:

By:
(Seal)
Tri Pointe Homes IE-SD, Inc.

PRINCIPAL
Title:

Name:

Title:

Address: 1250 Corona Pointe Court, Suite 600
Corona, CA 92879

ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC

Page 744 of 1750 ends

DOC #2025-0214477 Page 30 of 32

LL- PURPOSE

State of California }
County of Orange
On MAR 14 2023 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.

S
and and' icial seal.
n.,ur.
(Notary Public Seal)
.6ft Aft.

SARAH E. CAMPBELL
Notary Public • California
Los Angeles CountyCommission 4 2491647
.00 My Comm. Expires Jun 27. 2028

ADDITIONAL OPTIONAL INFORMAT ON INSTRUCTIONS FOR COMPLETING THIS FORM

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)
❑ Partner(s)
❑ Attomey-in-Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
This form complies with current California statutes regarding notary wording anti; ifneedeg 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. hetshe/hey- 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. ff 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.
v 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.

DOC #2025-0214477 Page 31 of 32

POWER OF ATTORNEY APPOINTING UAL 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 Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.

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. ..®...

State of South Dakota, County of Minnehaha, ss:

The Continental Insurance Company
Larry Kasten
Vice President
+YYYY4YMYY4Y4Y4YYYgYYYYY4
M. BENT i
. : NOTARYPUBLIC
t SOUTH DAKOTA t
♦4g4YY444Y4VYY4Y4YYY4YYY�
My Commission Expires March 2, 2026
M. Bent
Notary Public

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 '.��.111;4U a;+;• 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:

Page 746 of 1750 ends

Form F6850-6-2023

DOC #2025-0214477 Page 32 of 32

ACKNO LEDG E T
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.

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.

LORETTA SAGINARIO BALLOU
comm. 9 2509383 ar

NOTARY PUBLIC CALIFORNIA
RIVERSIDE COUNTY My Commission Expires
Febrtoy 9. 2029
Signature ..� i �. (Seal)

Page 747 of 1750 ends

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.

Page 7482 ends

When Recorded Return
Original To:

City of Beaumont
550 East 6th Street
Beaumont, CA 92223

NO RECORDING FEE REQUIRED PER
GOVERNMENT CODE SECTION 27383

CERTIFICATE OF ACCEPTANCE
NOTICE is hereby given that the CITY OF BEAUMONT, 550 East 6th Street, Beaumont, California, 92223, a municipal corporation, is the owner in fee of easements in the properties hereinafter described. Said owner hereby ACCEPTS the maintenance of the following improvements:

Planning Area 14 Detention Basin Improvements at Tract No. 31468, PW2025-0324 Cherry Avenue Streetlight Improvements at Tract No. 31468, PW2025-0319 Southern California Edison Easement Improvements at Tract No. 34862, PW2025-0321 on the property hereinafter described and that was COMPLETED prior to December 16, 2025, by the developer(s).

The property on which said work of improvement was completed in the City of Beaumont, County of Riverside, and State of California lying in Section 02, Township 3 South, Range 1 West, and Section 35, Township 2 South, Range 1 West.

Date Jessica Voigt,
Mayor of the City of Beaumont, CA
VERIFICATION:

I the undersigned am the Mayor of the City of Beaumont, the declaring of the foregoing Notice of Acceptance. I have read the said Notice of Acceptance and know the contents thereof: The same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Date Jessica Voigt,
Mayor of the City of Beaumont, CA

Page 749 of 1750 ends

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

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE
On before me, Notary Public, personally appeared
, MAYOR OF THE CITY OF BEAUMONT, CALIFORNIA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within the instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.

BY:

NOTARY
(SEAL)

Page 750 of 1750 ends

BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Gustavo J. Romo, Interim City Manager
DATE: December 16, 2025
SUBJECT: Formation of CFD No. 2025-1 (Fairway Canyon 4C) Description: This report presents the request from Meritage Homes of California, Inc. to form Community Facilities District No. 2025-1 (Fairway Canyon) to finance public infrastructure improvements for approximately 366 planned residential units. Formation of the CFD would authorize the levy of a special tax and the issuance of up to $4.0 million in bonds to fund eligible facilities consistent with the City's existing Development Agreement for the Fairway Canyon area.

Background and Analysis:

The developer, Meritage Homes of California, Inc., a California corporation (the "Developer"), owns property containing 366 proposed residential lots within the City.

Such property is located in the northwestern part of the City, west of Tukwet Canyon Parkway, and north of Oak Valley Parkway. The Developer has requested that the City form a community facilities district ("CFD No. 2025-1 ") to encompass such property in accordance with the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), to finance the costs of certain public improvements through the levy of a special tax. The District is planned to include approximately 366 residential units.

In 2003, the City entered into a Development Agreement (the "Development Agreement") with LB/L-SunCal Oak Valley, LLC ("SunCal Oak Valley"). The Development Agreement requires the City to, among other things, cooperate with the developer in taking all steps necessary to cause a community facilities district or other alternative financing mechanisms to provide public financing for the construction of public infrastructure improvements on the property subject to the SunCal Development Agreement. The project subject to the Development Agreement was originally called Oak Valley and is now known as Fairway Canyon.

SunCal Oak Valley was a subsidiary of a large land development company known as SunCal and was set up as a single -purpose entity to own and develop the Oak Valley project. Lehman Brothers provided financing to various SunCal subsidiaries for land development projects throughout California. SunCal Oak Valley received a loan from

Page 751 of 1750 ends

an affiliated entity of Lehman Brothers which was secured by a deed of trust against the Oak Valley project. Lehman Brothers also owned a 50% share of SunCal Oak Valley's equity.

Following the Lehman Brother's bankruptcy filing in 2008, SunCal Oak Valley entered bankruptcy as an involuntary debtor in California bankruptcy court as Lehman Brothers attempted to recover their investments in various SunCal projects by foreclosing on the various loans. In October 2011, following several years of litigation, Lehman Brothers and SunCal reached a settlement of their litigation pursuant to which, among other things, (1) SunCal would not object to the bankruptcy plan proposed by the bankruptcy trustee and (2) SunCal would have the option to purchase two projects from Lehman Brothers (one of which was the Oak Valley project) at an agreed price.

On January 6, 2012, the California bankruptcy court confirmed the final bankruptcy plan for SunCal Oak Valley and the other SunCal companies. The bankruptcy court's order provides that each of the various SunCal projects (including the Oak Valley project) were to be conveyed to the applicable Lehman Brothers affiliate, including all "right, title and interest in, to and under any development agreements, plans engineering reports, permits and community facilities district bonds." The final order from the bankruptcy court also specifically provided for the assumption of the Development Agreement by SunCal Oak Valley in the bankruptcy case and provided that any precondition to assignment or conveyance of any such contracts was deemed satisfied by the bankruptcy court's order. On March 27, 2012, the bankruptcy court entered a sale order conveying the Oak Valley project to LV Oak Valley Champions LLC pursuant to the final bankruptcy plan.

Pursuant to the settlement agreement between SunCal and Lehman Brothers, SDC Fairway Canyon LLC purchased the Oak Valley (now Fairway Canyon) project from LV Oak Valley Champions LLC. In July 2012, pursuant to Section 20.1 of the SunCal Development Agreement, the City consented to the assignment of the Development Agreement to SDC Fairway Canyon LLC.

To finance the CFD facilities and incidental expenses, the City intends to issue bonds secured by special taxes levied in the District. The maximum amount of bonded indebtedness proposed for the District is $4 million.

The Developer has requested that the boundaries of CFD No. 2025-1 include the area described in Attachment A of the Resolution of Intention to Establish CFD No. 2025-1 adopted by the City Council on November 4, 2025, (the "Resolution of Intention") and that special taxes be levied within the boundaries of the District in accordance with Rate and Method of Apportionment (the "RMA") described in Attachments C to the Resolution of Intention.

Page 752 of 1750 ends

The Resolution of Intention called for a public hearing to be held on December 16, 2025. The purpose of the public hearing is for the City Council to formally consider the approval of the formation of CFD No. 2025-1 and the approval of the levy of the special taxes within CFD No. 2025-1. Notice of the public hearing was published in the Press Enterprise and mailed to the property owners in accordance with the Act.

In connection with the public hearing, Spicer Consulting Group has prepared a CFD Public Hearing Report which describes and analyzes the facilities to be financed by CFD No. 2025-1 and the estimated costs of such facilities. Following the close of the public hearing, the City Council will be asked to adopt the Resolution of Formation and the Resolution Determining the Necessity to Incur Debt which, together, approve the formation of CFD No. 2025-1, the levy of the special taxes the District in accordance with the RMA and determines the necessity for CFD No. 2025-1 to issue bonds in an amount not to exceed $4 million for the District. Such resolutions call for an election to submit to the qualified voters within CFD No. 2025-1 ballot measures on the approval of the special taxes, the issuance of the bonds and an appropriations limit for CFD No. 2025-1.

In addition, the Resolution of Formation approves the execution and delivery of the Acquisition, Construct and Funding Agreement with the Developer (the "Funding Agreement") in the form presented to this City Council. The Funding Agreement sets forth the terms, among others, pursuant to which CFD No. 2025-1 will finance improvements to be owned by the City.

On file with the City Clerk is a Certificate of the Registrar of Voters of Riverside County certifying that there are no registered voters residing within the boundaries of CFD No. 2025-1. Accordingly, under the Act, only property owners owning land in CFD No. 2025- 1 are eligible to vote at the election for CFD No. 2025-1 with the owner having one vote for each acre (or portion thereof) that they own within the District. The Property Owner has executed consents and waivers of certain election procedures with respect to the election, including certain timing requirements with respect to the election, in accordance with the Act. Accordingly, if the City Council approves the Resolution of Formation and the Resolution Determining the Necessity to Incur Debt, the City Clerk will conduct the election. The City Clerk will announce the election results and the City Council will be asked to adopt the Resolution Certifying the Election Results. Based on upon certification that 2/3rds of the votes cast are in favor of the propositions voted upon in the District, the Resolution Certifying the Election Results directs the City Clerk to record a notice of special tax lien on the property within the District. The City Council will then be asked to introduce the Ordinance authorizing the levy of the special tax within the District in accordance with the RMA.

Page 753 of 1750 ends

Fiscal Impact:

The Developer has made a deposit of $50,000 to pay for the costs of the formation proceedings which may be reimbursed to the Developer in accordance with Funding Agreement. If established and subject to necessary City Council and voter approvals, CFD No. 2025-1 will annually levy special taxes on all the taxable property the District in accordance with the RMA (as attached to the Resolution of Intention). Any bonds issued by CFD No. 2025-1 are not obligations of the City and will be secured solely by the Special Taxes levied in CFD No. 2025-1. The property within the District is proposed to include CFD No. 2025-M and CFD No. 2025-S and the District is currently included in an overlapping Beaumont Unified School District CFD.

The estimated cost to prepare this report is $1,500.

Recommended Action:

1. Adopt, "Resolution of the City Council of the City of Beaumont, California, Establishing City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 4C), Authorizing the Levy of a Special Tax Therein, Calling an Election Within the District and Approving and Authorizing Certain Actions Related Thereto";

2. Adopt, "Resolution of the City Council of the City of Beaumont, California, Acting as the Legislative Body of City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 4C) Determining the Necessity to Incur Bonded Indebtedness the City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 4C) in an Amount Not to Exceed $4,000,000 and Calling Elections Therein";

3. Adopt, "Resolution of the City Council of the City of Beaumont, California, Acting in its Capacity as the Legislative Body of City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 4C) Certifying Election Results"; and

4. Introduce by Title Only, "Ordinance of the City Council of the City of Beaumont, California, Acting in its Capacity as the Legislative Body of City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 4C) Authorizing the Levy of Special Taxes Within City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 40)."
Attachments:

A. Resolution Establishing City of Beaumont CFD No. 2025-1 B. Resolution Determining Necessity to Incur Bond Indebtedness within CFD No. 2025-1
C. Resolution Certifying Election Results
D. Ordinance Authorizing the Levy of Special Tax

Page 754 of 1750 ends

E. Acquisition, Construction and Funding Agreement
F. Certificate of the Registrar of Voters
G. Public Hearing Report
H. Property Owner Waiver
I. Presentation
J. Notice of Public Hearing

Page 755 of 1750 ends

RESOLUTION NO. 25 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA, ESTABLISHING CITY OF BEAUMONT COMMUNITY
FACILITIES NO. 2025-1 (FAIRWAY CANYON 4C), AUTHORIZING THE

LEVY OF A SPECIAL TAX THEREIN, CALLING AN ELECTION WITHIN

THE DISTRICT AND APPROVING AND AUTHORIZING CERTAIN

ACTIONS RELATED THERETO
WHEREAS, the City Council (the "City Council") of the City of Beaumont (the "City") has heretofore adopted Resolution No. 2025-60 stating its intention to form City of Beaumont Community Facilities No. 2025-1 (Fairway Canyon 4C) ("Community Facilities District No. 2025-1" or the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter

2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act"); and
WHEREAS, a copy of Resolution No 2025-60 setting forth a description of the proposed boundaries of Community Facilities District No. 2025-1, the facilities and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No. 2025-1 and to levy special taxes within the District and to incur bonded indebtedness in the maximum aggregate amount of up to $4,000,000 within the proposed District to finance the facilities and incidental expenses described in Resolution No. 2025-60; and WHEREAS, on December 16, 2025, this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2025-1, the levy of the special taxes and the issuance of bonded indebtedness by the District; and WHEREAS, at the December 16, 2025 public hearing there was filed with this City Council a report containing a description of the facilities necessary to meet the needs of the District and an estimate of the cost of such facilities as required by Section 53321.5 of the Act (the "Engineer's Report"); and
WHEREAS, at the December 16, 2025 public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2025-1, the levy of the special taxes within the District and the issuance of bonded indebtedness by the District were heard and full and fair hearings were held; and
WHEREAS, following the public hearing, this City Council has determined to authorize the formation of the District to finance the types of facilities (the "Facilities") and the incidental expenses (the "Incidental Expenses") set forth in Attachment A hereto, which are described in more detail in the Engineer's Report; and
WHEREAS, at the public hearing evidence was presented to this City Council on the matters before it, and the proposed special taxes to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of 4922-8908-7609v3/022599-0038

Page 756 of 1750 ends

the hearing was fully advised as to all matters relating to the formation of the District, the levy of the special taxes and the issuance of bonded indebtedness within the District; and WHEREAS, this City Council has determined, based on a Certificate of Registrar of Voters of the County of Riverside on file in the office of the City Clerk, that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2025-1 during the 90 days prior to December 16, 2025 and that the qualified electors in Community Facilities District No. 2025- 1 are the landowners within the District; and
WHEREAS, on the basis of all of the foregoing, this City Council has determined to proceed with the establishment of Community Facilities District No. 2025-1 and to call an election within the District to authorize (i) the levy of special taxes within the District pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment C to Resolution No. 2025-60 (the "Rate and Method"), (ii) the issuance of bonds within the District to finance the Facilities and Incidental Expenses, and (iii) the establishment of an appropriations limit for Community Facilities District No. 2025-1; and
WHEREAS, in order to facilitate the funding of the Facilities, the legislative body of the District desires to enter into an Acquisition, Construction and Funding Agreement (the "Agreement") with Meritage of California, a California corporation (the "Developer") and the form of the Agreement is on file with the City Clerk; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Beaumont, California:

SECTION 1. Each of the above recitals is true and correct.

SECTION 2. A community facilities district to be designated "City of Beaumont Community Facilities No. 2025-1 (Fairway Canyon 4C)" is hereby established pursuant to the Act in accordance with 53350 of the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act.

SECTION 3. The boundaries of Community Facilities District No. 2025-1 is established as shown on the map designated "Proposed Boundary Map of City of Beaumont Community Facilities No. 2025-1 (Fairway Canyon 4C), County of Riverside, State of California", which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County Book of Maps of Assessment and Community Facilities Districts in the Assessor -County Clerk -Recorder's office of the County of Riverside in Book No. 98 Page No. 8 on November 12, 2025 as Instrument No. 2025-0354752.

SECTION 4. The types of Facilities and Incidental Expenses authorized to be provided for Community Facilities District No. 2025-1 are those set forth in Attachment A attached hereto. The estimated cost of the Facilities and Incidental Expenses to be financed is set forth in the Engineer's Report, which estimates may change as the Facilities are designed and bid for construction and acquisition, as applicable.
2 4922-8908-7609v3/022599-0038

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The City is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities, all in accordance with the Act. The City Council finds and determines that the proposed Facilities are necessary to meet the increased demand that will be placed upon local agencies and public infrastructure as a result of new development within the District and that the Facilities to be financed, benefit residents of the City and the future residents of the District.

SECTION 5. Except where funds are otherwise available, it is the intention of this City Council, subject to the approval of the eligible voters within the District, to levy annually special taxes at the rates set forth in the Rate and Method, on all non-exempt property within the District, sufficient to pay for (i) the Facilities, (ii) principal and interest and other periodic costs on the bonds proposed to be issued to finance the Facilities and Incidental Expenses to be financed by the District, including the establishment and replenishment of reserve funds, any remarketing, credit enhancement and liquidity facility fees and other expenses of the type permitted by Section 53345.3 of the Act, and (iii) the Incidental Expenses. The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the issuance of bonds, the levying and collecting of the special taxes, the completion and inspection of the Facilities and the annual administration of the bonds and the District. The Rate and Method is described in detail in Attachment C to Resolution No. 2025-60 and is incorporated herein by this reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Engineer's Report, which is incorporated by reference herein, the special taxes to be levied within the District is based on the expected demand that each parcel of real property within the District will place on the Facilities and on the benefit that each parcel will derive from the right to access the Facilities and, accordingly, is hereby determined to be reasonable. The special taxes within the District shall be levied on each assessor's parcel in accordance with the Rate and Method. The special taxes are apportioned to each parcel within the District on the foregoing bases pursuant to Section 53325.3 of the Act and such special taxes are not on or based upon the ownership of real property or the assessed value of real property.

If special taxes of the District are levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the special tax because of its use for private residential purposes and shall not be increased over time, except to the extent permitted in the rate and method of apportionment of the special tax for the District as set forth in the Rate and Method, (ii) the special tax shall not be levied after fiscal year 2067-68, as described in the Rate and Method, and (iii) under no circumstances will the special tax levied in the District in any fiscal year against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.

The City Manager of the City of Beaumont, or his or her designee, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor's parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.

SECTION 6. In the event that a portion of the property within the District shall become for any reason exempt, wholly or partially, from the levy of the special taxes specified in the Rate and 3 4922-8908-7609v3/022599-0038

Page 758 of 1750 ends

Method, or in the event of delinquencies in the payment of the applicable special tax levied, the City Council shall, on behalf of Community Facilities District No. 2025-1, increase the levy to the extent necessary and permitted by law and these proceedings upon the remaining property within the District which is not exempt or delinquent in order to yield the required debt service payments on any outstanding bonds of the District, or to prevent the District from defaulting on any other of its obligations or liabilities payable from special taxes; provided, however, under no circumstances will any special tax levied against any parcel in the District used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The amount of the special tax for parcels within the District will be set in accordance with the Rate and Method. The obligation to pay the special tax may be prepaid only as set forth in Section G of the Rate and Method.

SECTION 7. Upon recordation of a notice of special tax lien for the District pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special taxes shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled with respect to the District in accordance with law or until collection of the special taxes by the District ceases.

SECTION 8. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2025-1, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2025- 1 and will be benefited by the Facilities proposed to be provided within Community Facilities District No. 2025-1.

SECTION 9. It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2025-1 for the exclusive purpose of paying the principal of or interest on bonds or other indebtedness incurred to finance the construction of capital facilities which provide the same services to the territory of Community Facilities District No. 2025-1 as are proposed to be provided by the Facilities to be financed by Community Facilities District No. 2025-1.

SECTION 10. Written protests against the establishment of the District have not been filed by one-half or more of the registered voters within the boundaries of the or by the property owners of one- half (1/2) or more of the area of land within the District. The City Council hereby finds that the proposed special taxes have not been precluded by a majority protest pursuant to Section 53324 of the Act.

SECTION 11. An election is hereby called for the District on the propositions of levying the special taxes on the property within the District and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act and shall be consolidated with the election on the proposition of incurring bonded indebtedness for the District, pursuant to Sections 53351 and 53353.5 of the Act.

The language of the propositions to be placed on the ballot is attached hereto as Attachment B.

SECTION 12. The date of the elections for the District on the propositions of incurring the bonded indebtedness, authorizing the levy of the special taxes and establishing an appropriations limit 4 4922-8908-7609v3/022599-0038

Page 759 of 1750 ends

for the District shall be December 16, 2025, or such later date as is consented to by the City Clerk or any Acting City Clerk (referred to herein as the "City Clerk") of the City of Beaumont; provided that, if the election is to take place sooner than 90 days after December 16, 2025, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the close of the public hearing on December 16, 2025. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Beaumont insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of this resolution, and all ballots shall be received by, and the City Clerk shall close the election by, 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person or by mail with return postage prepaid, to the qualified electors within the District. The City Clerk has secured a certificate from the Registrar of Voters of the County of Riverside certifying that there were no registered voters within the District as of the date of such certificate. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding December 16, 2025, the qualified electors shall be the landowner within the District and the landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within the District, as provided in Section 53326 of the Act. The sole landowner within the District has executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on December 16, 2025, which waiver is on file with the City Clerk.

SECTION 13. The preparation of the Engineer's Report is hereby ratified. The Engineer's Report, as submitted, is hereby approved and was made a part of the record of the public hearing regarding the formation of Community Facilities District No. 2025-1. The Engineer's Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection.

SECTION 14. The District may accept advances of funds or work -in -kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2025-1. The District may enter into an agreement with the person or entity advancing the funds or work -in -kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in -kind, as determined by the City Council, with or without interest.

SECTION 15. The form of the Agreement on file with the City Clerk is approved as to form, and each of the City Manager and their written designees, is authorized to execute the Agreement in substantially the form on file with the City Clerk, together with such changes as are approved by the officer executing the same, with the approval of such changes to be conclusively evidenced by the execution and delivery thereof.

SECTION 16. This Resolution shall be effective upon its adoption. 5 4922-8908-7609v3/022599-0038

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ADOPTED, SIGNED AND APPROVED this 16th day of December, 2025.

Mike Lara, Mayor of the City of Beaumont
(SEAL)
ATTEST:

Elaine Morgan, City Clerk
of the City of Beaumont
6 4922-8908-7609v3/022599-0038

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STATE OF CALIFORNIA )
) ss.

COUNTY OF RIVERSIDE )
I, Elaine Morgan, City Clerk of the City of Beaumont, do hereby certify that the foregoing resolution was duly adopted by the City Council of said City, at a regular meeting of said City Council held on the 16th day of December, 2025, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

Elaine Morgan, City Clerk
City of Beaumont
7 4922-8908-7609v3/022599-0038

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ATTACHMENT A

DESCRIPTION OF THE FACILITIES AND INCIDENTAL EXPENSES

TYPES OF FACILITIES
The proposed types of public facilities and expenses to be financed by the Community Facilities District include:

The construction, purchase, modification, expansion and/or improvement of roadway, bridge, sewer, domestic and reclaimed water, dry utilities, storm drain, curb and gutter, medians, traffic signals, parks, trails, police facilities, fire facilities, library facilities, public community facilities, and any other facilities permitted pursuant to the Act, and appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure including design, engineering and planning costs associated therewith.

TYPES OF INCIDENTAL EXPENSES
The Incidental Expenses to be paid from bond proceeds and/or special taxes include:
a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the Community Facilities District, associated with the creation of the Community Facilities District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District; and c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.

A-1
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ATTACHMENT B

BALLOT PROPOSITIONS

CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (FAIRWAY CANYON 4C)

SPECIAL TAX AND SPECIAL BOND ELECTION
December 16, 2025
PROPOSITION A: Shall City of Beaumont Community
Facilities No. 2025-1 (Fairway Canyon 4C) (the "District") incur an indebtedness and issue bonds in the maximum
principal amount of $4,000,000 for the District with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2025-60 of the City Council of the City of Beaumont?
PROPOSITION B: Shall special taxes with a rate and
method of apportionment for the District as provided in Resolution No. 2025-60 of the City Council of the City of Beaumont be levied to pay for the Facilities and Incidental Expenses and other purposes described in Resolution No. 2025-60, including the payment of the principal of and
interest on bonds issued by the District to finance the Facilities and Incidental Expenses?
YES
NO _
YES
NO
PROPOSITION C: For each year commencing with Fiscal
Year 2026-2027, shall the appropriations limit, as defined by YES subdivision (h) of Section 8 of Article XIII B of the
California Constitution, for the District be an amount equal NO to $1,000,000?
B-1
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RESOLUTION NO. 25 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF
BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 2025-1 (FAIRWAY CANYON 4C) DETERMINING THE NECESSITY TO INCUR BONDED

INDEBTEDNESS WITHIN CITY OF BEAUMONT COMMUNITY
FACILITIES DISTRICT NO. 2025-1 (FAIRWAY CANYON 4C) IN AN AMOUNT NOT TO EXCEED $4,000,000, AND CALLING ELECTIONS

THEREIN
WHEREAS, on November 4, 2025, the City Council of the City of Beaumont (the "City Council") adopted Resolution No. 2025-60 stating its intention to form City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 4C) ("Community Facilities District No. 2025-1" or the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act") and to form the District; and
WHEREAS, on November 4, 2025, the City Council also adopted Resolution No. 2025-61 stating its intention to incur bonded indebtedness in the amount of up to $4,000,000 within the proposed District to finance the purchase, construction, modification, expansion, improvement and/or rehabilitation of public facilities identified in Attachment B to Resolution No. 2025-60; and WHEREAS, notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District No. 2025-1 and to incur bonded indebtedness in the amount of up to $4,000,000 within the boundaries of the District; and WHEREAS, on December 16, 2025, this City Council conducted a noticed public hearing to determine whether it should proceed with the formation of Community Facilities District No. 2025-1, issue bonds within the District to pay for the facilities and incidental expenses described in Resolution No. 2025-60 and authorize a rate and method of apportionment of a special tax for the District to be levied within such District for the purposes described in Resolution No. 2025-60; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2025-1, the levy of a special tax and the issuance of bonds with respect to the District to pay for the cost of the proposed facilities and incidental expenses were heard and a full and fair hearing was held; and WHEREAS, the City Council subsequent to such hearing adopted Resolution No. 25 - establishing Community Facilities District No. 2025-1 (the "Resolution of Formation"), and authorizing the financing of the public facilities (the "Facilities") and the incidental expenses (the "Incidental Expenses") described in Attachment A thereto; and WHEREAS, the City Council desires to make the necessary findings to incur bonded indebtedness within the District, to declare the purpose for said debt, and to authorize the submittal of a proposition to issue bonded indebtedness to the voters of the District, being the landowners therein, all as authorized and required by law;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Beaumont, California:
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SECTION 1. It is necessary to incur bonded indebtedness in one or more series in a maximum aggregate principal amount not to exceed $4,000,000 within the District.

SECTION 2. The indebtedness is to be incurred for the purpose of financing the costs of purchasing, constructing, modifying, expanding, improving, and/or rehabilitating the Facilities and financing the Incidental Expenses, as described in the Resolution of Formation, and carrying out the powers and purposes of Community Facilities District No. 2025-1, including, but not limited to, financing the costs of selling the bonds, establishing and replenishing bond reserve funds and paying remarketing, credit enhancement and liquidity facility fees and other expenses of the type authorized by Section 53345.3 of the Act.

SECTION 3. The whole of the property within the District, other than property exempted from the special tax pursuant to the provisions of the rate and method of apportionment attached to Resolution No. 2025-60 as Attachment C, shall pay for the bonded indebtedness issued by the District pursuant to the levy of the special tax for the District authorized by the Resolution of Formation.

SECTION 4. The maximum term of any series of bonds to be issued to finance Facilities shall in no event exceed thirty-five (35) years from the date of issuance of the bonds, or such longer term as is then permitted by law.

SECTION 5. The bonds shall bear interest at the rate or rates not to exceed the maximum interest rate permitted by law, payable annually or semiannually, or in part annually and in part semiannually, except the first interest payment may be for a period of less than six months, with the actual rate or rates and times of payment to be determined at the time or times of sale thereof.

SECTION 6. The bonds may bear a variable or fixed interest rate, provided that such variable rate or fixed rate shall not exceed the maximum rate permitted by Section 53531 of the Act, or any other applicable provision of law limiting the maximum interest rate on the bonds.

SECTION 7. Pursuant to Section 53351 of the Act, a special election is hereby called for the District on the proposition of incurring the bonded indebtedness. The proposition relative to incurring bonded indebtedness in the maximum aggregate principal amount of $4,000,000 shall be in the form of Proposition A set forth in Attachment A hereto. In accordance with Sections 53351(h) and 53353.5 of the Act, the election shall be consolidated with the special election called on the proposition of levying special taxes within the District as described in the Resolution of Formation, which proposition shall be in the form of Proposition B set forth in Attachment A, and on the proposition of establishing an appropriations limit for the District, which proposition shall be in the form of Proposition C set forth in Attachment A.

SECTION 8. The date of the special elections for the District on the propositions of incurring the bonded indebtedness, authorizing the levy of the special tax and setting an appropriations limit shall be December 16, 2025, or such later date as is consented to by the City Clerk, or any Acting City Clerk of the City (referred to herein as the "City Clerk"); provided that, if the election for the District is to take place sooner than 90 days after December 16, 2025, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the public hearing on December 16, 2025. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law 2 4913-3278-6297v3/022599-0038

Page 766 of 1750 ends

regulating elections of the City of Beaumont insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of the Resolution of Formation, and this resolution and all ballots shall be received by and the City Clerk shall close the election by 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act.

Pursuant to Section 53326 of the Act, the ballots for the special elections shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within the District. The City Clerk has secured a certificate of the Registrar of Voters of the County of Riverside certifying that there were no registered voters within the District as of the date of such certificate. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding December 16, 2025, the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within the District, as provided in Section 53326 of the Act. The sole landowner within the District has executed and delivered a waiver of certain election law requirements and consenting to the holding of the election on December 16, 2025, which waiver is on file with the City Clerk.

SECTION 9. This Resolution shall be effective upon its adoption.

ADOPTED, SIGNED AND APPROVED this 16th day of December, 2025.

Mike Lara, Mayor of the City of Beaumont
(SEAL)
ATTEST:

Elaine Morgan, City Clerk
of the City of Beaumont
3 4913-3278-6297v3/022599-0038

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STATE OF CALIFORNIA
) ss.

COUNTY OF RIVERSIDE
I, Elaine Morgan, City Clerk of the City of Beaumont, do hereby certify that the foregoing resolution was duly adopted by the City Council of said City, at a regular meeting of said City Council held on the 16th day of December, 2025, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

Elaine Morgan, City Clerk
City of Beaumont
4 4913-3278-6297v3/022599-0038

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ATTACHMENT A

BALLOT PROPOSITIONS

CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (FAIRWAY CANYON 4C)

SPECIAL TAX AND SPECIAL BOND ELECTION
December 16, 2025
PROPOSITION A: Shall City of Beaumont Community
Facilities No. 2025-1 (Fairway Canyon 4C) (the "District") incur an indebtedness and issue bonds in the maximum
principal amount of $4,000,000 for the District with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2025-60 of the City Council of the City of Beaumont?
PROPOSITION B: Shall special taxes with a rate and
method of apportionment for the District as provided in Resolution No. 2025-60 of the City Council of the City of Beaumont be levied to pay for the Facilities and Incidental Expenses and other purposes described in Resolution No. 2025-60, including the payment of the principal of and
interest on bonds issued by the District to finance the Facilities and Incidental Expenses?
YES
NO _
YES
NO
PROPOSITION C: For each year commencing with Fiscal
Year 2026-2027, shall the appropriations limit, as defined YES by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal NO to $1,000,000?
A-1
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RESOLUTION NO. 25 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO.
2025-1 (FAIRWAY CANYON 4C) CERTIFYING ELECTION RESULTS
WHEREAS, the City Council of the City of Beaumont called and duly held elections on December 16, 2025 within City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 4C) ("Community Facilities District No. 2025-1" or the "District") pursuant to Resolution Nos. 2025- and 2025- for the purpose of presenting to the qualified electors within the District, Propositions A, B and C, attached hereto as Attachment A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk or Acting City Clerk (referred to herein as the "City Clerk") canvassing the results of the election within the District, a copy of which are attached hereto as Attachment B; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Beaumont, California:

SECTION 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District.

SECTION 2. Propositions A, B and C set forth in Attachment A hereto presented to the qualified electors of the District on December 16, 2025, were approved by more than two-thirds of the votes cast at said election and Propositions A, B and C each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the District the special taxes described in Proposition B set forth in Attachment A hereto for the purposes described therein and to take the necessary steps to levy the special taxes authorized by Proposition B and to issue bonds in an amount not to exceed $4,000,000 specified in Proposition A set forth in Attachment A hereto.

SECTION 3. The City Clerk is hereby directed to record in the Assessor -County Clerk - Recorder's office of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District, which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5
SECTION 4. This Resolution shall be effective upon its adoption. 4901-4160-3961v3/022599-0038

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ADOPTED, SIGNED AND APPROVED this 16th day of December, 2025.

Mike Lara, Mayor of the City of Beaumont
(SEAL)
ATTEST:

Elaine Morgan, City Clerk
of the City of Beaumont
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STATE OF CALIFORNIA )
) ss.

AYES:

NOES:

ABSENT:

Elaine Morgan, City Clerk
City of Beaumont
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ATTACHMENT A

BALLOT PROPOSITIONS

CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (FAIRWAY CANYON 4C)

SPECIAL TAX AND SPECIAL BOND ELECTION
December 16, 2025
PROPOSITION A: Shall City of Beaumont Community
Facilities No. 2025-1 (Fairway Canyon 4C) (the "District") incur an indebtedness and issue bonds in the maximum
principal amount of $4,000,000 for the District with interest at a rate or rates not to exceed the maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2025-60 of the City Council of the City of Beaumont?
PROPOSITION B: Shall special taxes with a rate and
method of apportionment for the District as provided in Resolution No. 2025-60 of the City Council of the City of Beaumont be levied to pay for the Facilities and Incidental Expenses and other purposes described in Resolution No. 2025-60, including the payment of the principal of and
interest on bonds issued by the District to finance the Facilities and Incidental Expenses?
YES
NO _
YES
NO
PROPOSITION C: For each year commencing with Fiscal
Year 2026-2027, shall the appropriations limit, as defined YES by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal NO _ to $1,000,000?
A-1
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ATTACHMENT B

CERTIFICATE OF CITY CLERK

AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Elaine Morgan, City Clerk of the City of Beaumont, do hereby certify that I have examined the returns of the Special Tax and Bond Election for City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 4C) (the "District"). The election was held in the City Council Chambers, 550 East 6th Street, Beaumont, California, on December 16, 2025. I caused to be delivered ballots to each qualified elector. () ballots were returned.

I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C for the District are as follows:

PROPOSITION A
YES:

NO:

TOTAL:

Dated this 16th day of December, 2025.

PROPOSITION B
YES:

NO:

TOTAL:

B-1

PROPOSITION C
YES:

NO:

TOTAL:

Elaine Morgan
City Clerk
City of Beaumont
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ORDINANCE NO. 25 -

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,

CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO.
2025-1 (FAIRWAY CANYON 4C) AUTHORIZING THE LEVY OF SPECIAL

TAXES WITHIN CITY OF BEAUMONT COMMUNITY FACILITIES
DISTRICT NO. 2025-1 (FAIRWAY CANYON 4C)
WHEREAS, on November 4, 2025, the City Council (the "City Council") of the City of Beaumont (the "City") adopted Resolution No. 2025-60 declaring its intention to form City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 4C) (the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act"), and its Resolution No. 2025-61 declaring its intention to incur bonded indebtedness for the District; and WHEREAS, on December 16, 2025, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of special taxes therein to finance certain public facilities described in Resolution No. 2025-60 and to secure the payment of any bonded indebtedness of the District, and the proposed issuance of up to $4,000,000 of bonded indebtedness the District, as described in Resolution No. 2025-61; and
WHEREAS, at the December 16, 2025 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District, and the proposed levy of the special taxes to finance the facilities described in Resolution No. 2025-60 and to secure the payment of up to $4,000,000 of bonded indebtedness for the District as described in Resolution No. 2025-61 (the "Bonds") were heard and a full and fair hearing was held; and WHEREAS, on December 16, 2025, the City Council adopted Resolution Nos. 2025 - and 2025- which formed the District, and called a special election within the District on December 16, 2025 in each case on three propositions relating to the levy of special taxes within the District, the issuance of the Bonds by the District and the establishment of an appropriations limit within the District; and
WHEREAS, on December 16, 2025, a special election was held within the District at which the qualified electors therein approved by more than a two-thirds vote Propositions A, B and C set forth in Attachment B to Resolution No. 2025- authorizing the levy of special taxes the District for the purposes described in Resolution No. 25- , the issuance of the Bonds for the District as described in Resolution No. 25- and establishing an appropriations limit for the District; and NOW, THEREFORE, the City Council of the City of Beaumont, California does ordain as follows:

SECTION 1. The above recitals are all true and correct.

SECTION 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to Resolution No. 4918-6972-2745v3/022599-0038

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2025-60 as the District, which are incorporated by reference herein (the "Rate and Method"). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method for the District and in each fiscal year thereafter until payment in full of the Bonds issued by the District (including any bonds issued to refund the Bonds), payment of all costs of the public facilities authorized to be financed by the District, and payment of all costs of administering the District.

SECTION 3. Each of the Mayor, the City Manager, or their written designees (each, an "Authorized Officer"), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method for the District.

The special tax rates levied on a parcel pursuant to each Rate and Method shall not exceed the maximum rates set forth in the Rate and Method for such parcel, but the special taxes may be levied at lower rates. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer -Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special taxes within the District, so that the special taxes shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year, and with respect to the special tax, until the Bonds issued by the District are paid in full, the facilities financed the District a have been paid for, and provision has been made for payment of all of the related administrative costs of the District.

SECTION 4. Properties or entities of the state, federal or other local governments shall be exempt from the special taxes for the District, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of each Rate and Method. No other properties or entities within the District are exempt from the special taxes unless the properties or entities are expressly exempted in Resolution No. 2025- or in a resolution of consideration to levy a new special tax or special taxes or to alter the Rate and Method or an existing special tax as provided in Section 53334 of the Act.

SECTION 5. All of the collections of the special taxes within the District shall be used as provided for in the Act, the Rate and Method for the District and Resolution No. 2025 - SECTION 6. The special taxes within the District shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.

SECTION 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds issued by the District (including any bonds issued to refund such Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on such Bonds (including any bonds issued to refund such Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax within the District, as authorized by the Act.

SECTION 8. The Mayor of the City shall sign this Ordinance and the City Clerk or any Acting City Clerk (referred to herein as the "City Clerk") shall attest to the Mayor's signature and 2 4918-6972-2745v31022599-0038

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then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Beaumont.

SECTION 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.

SECTION 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer -Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.

SECTION 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.

SECTION 12. This Ordinance shall take effect thirty days after its final passage. 3 4918-6972-2745v31022599-0038

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PASSED, APPROVED and ADOPTED this day of , 2025.

Mike Lara, Mayor
I, Elaine Morgan, City Clerk of the City of Beaumont, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Beaumont held on the 16th day of December, 2025, and was adopted at a regular meeting of the City Council of the City of Beaumont on the day of , 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Elaine Morgan, City Clerk
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ACQUISITION AGREEMENT
by and among

CITY OF BEAUMONT,

CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT
NO. 2025-1 (FAIRWAY CANYON 4C)
and
MERITAGE HOMES OF CALIFORNIA, INC.

Dated as of December 1, 2025
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TABLE OF CONTENTS
Page

ARTICLE I
Section 1.1

ARTICLE II
DEFINITIONS 2
Definitions 2
FUNDING 4
Section 2.1 Issuance of Bonds 4
Section 2.2 Special Taxes and Bonds 5
Section 2.3 Net Proceeds 5
Section 2.4 Funding Facilities in Other Fairway Canyon Districts 6 Section 2.5 Disclosure of Special Tax 6
ARTICLE III CONSTRUCTION AND ACQUISITION OF FACILITIES 6 Section 3.1 Duty of Owner to Construct 6
Section 3.2 Inspection 6
Section 3.3 Agreement to Sell and Acquire Facilities 7
Section 3.4 Payment Requests 7
Section 3.5 Payment 8
Section 3.6 Defective or Nonconforming Work 9
ARTICLE IV OWNERSHIP AND TRANSFER OF FACILITIES 9
Section 4.1 Facilities to be Owned by the City; Conveyance of Land and Easements to City .... 9 Section 4.2 Facilities to be Owned by the City; Title Evidence 10 Section 4.3 Facilities Constructed on Private Lands 10
Section 4.4 Facilities Constructed on City Land 10
Section 4.5 Maintenance and Warranties 10
Section 4.6 Allocation of Costs 11
Section 4.7 Expectations of the Parties 11
ARTICLE V INSURANCE 12
Section 5.1 Insurance Requirements 12
Section 5.2 Standards Applicable 13
Section 5.3 Evidence of Insurance 13
ARTICLE VI REPRESENTATIONS, WARRANTIES AND COVENANTS 13 Section 6.1 Representations, Covenants and Warranties of the Owner 13 Section 6.2 Indemnification and Hold Harmless 14
ARTICLE VII TERMINATION 15
Section 7.1 Mutual Consent 15
Section 7.2 City Election to Terminate for Cause 15
Section 7.3 Force Majeure 16
ARTICLE VIII MISCELLANEOUS 16
Section 8.1 Limited Liability of City 16
Section 8.2 Excess Costs 16
Section 8.3 Review of Records 16
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TABLE OF CONTENTS
(continued)
Page
Section 8.4 Attorney's Fees 17
Section 8.5 Notices 17
Section 8.6 Severability 17
Section 8.7 Successors and Assigns 17
Section 8.8 Other Agreements 18
Section 8.9 Waiver 18
Section 8.10 Merger 18
Section 8.11 Parties in Interest 18
Section 8.12 Amendment 18
Section 8.13 Counterparts 18
Section 8.14 Termination 18
Signatures S-1
List of Exhibits
Exhibit A: Description of Facilities and Discrete Components Eligible for Acquisition from the Owner A-1
Exhibit B: Form of Payment Request (Facilities) B-1
Exhibit C: City CFD Policies C-1
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THIS ACQUISITION AGREEMENT (the "Acquisition Agreement"), dated as of December 1, 2025, is by and among the CITY OF BEAUMONT, a general law city (the "City"), the CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 2025-1 (FAIRWAY CANYON 4C), a community facilities district created pursuant to the Act (defined herein) (the "District"), and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation (the "Owner").

RECITALS
A. The District. The City Council of the City has established the District under the Act for the financing of, among other things, the acquisition, construction and installation of public facilities identified in the proceedings to form the District therein, which include the facilities listed in Exhibit A hereto (the "Facilities").

B. The Development. The land within the District is currently expected to be developed with 366 dwelling units as part of a master -planned community commonly known as "Fairway Canyon," which is described as County of Riverside Assessor Parcel Nos. 413-790-075 through 413-790-079, inclusive.

C. The Facilities. As part of the District formation proceedings, the Facilities were authorized to be acquired by the District, and the District proceedings contemplated that acquisition agreements would be entered into from time to time to describe the terms of such acquisition. The Facilities are within or serve the City and the City and the Owner will benefit from a coordinated plan of design, engineering and construction of the Facilities and the development of the land within the District. The facilities that are eligible for acquisition by the City from the Owner under this Acquisition Agreement are only the Facilities listed in Exhibit A hereto, as such Exhibit may be amended and/or supplemented by any Supplement approved by the City and Owner.

D. The Financing. In order to, among other things, implement provisions of the Development Agreement, as defined below, the Owner, the District and the City wish to enter into this Acquisition Agreement to finance the acquisition of the Facilities, as defined below, and provide for the payment of the Facilities and Discrete Components thereof as shown in Exhibit A hereto (as it may be amended and supplemented by any Supplement).

E. The Bonds. The District may proceed with the authorization and issuance of the Bonds in one or more series under the Act and the Indenture, the proceeds of which Bonds shall be used, in part, to fmance the Facilities.

F. The Reimbursement Agreement. The City and the Owner recently entered into that Reimbursement Agreement Re Proposed Community Facilities District of the City of Beaumont (Fairway Canyon Phase 4C), wherein the City authorized the District to reimburse the Developer for the cost of the sewer list station identified in Exhibit A hereto if and when Bonds are issued.

G. No Advantage to City Construction. The City, by its approval of this Acquisition Agreement, has determined that it will obtain no advantage from undertaking the construction by the City directly of the Facilities and that the provisions of this Acquisition Agreement require that the Facilities constructed by the Owner and acquired with the funds in the Improvement Fund, as defined below, be constructed as if they had been constructed under the direction and supervision of the City.

The Owner hereby represents that it has experience in the supervision of the construction of improvements of the character of the Facilities.
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NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City, the District and the Owner agree that the foregoing recitals, as applicable to each, are true and correct and further make the agreements set forth herein.

ARTICLE I

DEFINITIONS
Section 1.1 Definitions. The following terms shall have the meanings ascribed to them in this Section 1.1 for purposes of this Acquisition Agreement. Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings ascribed to them in the Indenture (as hereinafter defined).
"Acceptable Title" means title to land or interest therein, in form acceptable to the Director, free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether or not recorded, but subject to any exceptions determined by the Director as not interfering with the actual or intended use of the land or interest therein. Notwithstanding the foregoing, an irrevocable offer of dedication may constitute land with an "Acceptable Title" if: (i) such offer is necessary to satisfy a condition to a tentative or final parcel map, (ii) such offer is in a form acceptable to the Director, (iii) the Director has no reason to believe that such offer of dedication will not be accepted by the applicable public agency, and (iv) the Owner commits in writing not to allow any liens to be imposed on such property prior to its acceptance.
"Acceptance Date" means the date the City Council (or other public entity which is to own a Facility) takes final action to accept dedication of or transfer of title to a Facility. "Acquisition Agreement" means this Acquisition Agreement, together with any Supplement hereto.
"Act" means the Mello -Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code, as amended.
"Actual Cost" means the substantiated cost of a Facility or a Discrete Component, which costs may include: (i) the costs incurred for the construction of such Facility or Discrete Component, (ii) the costs incurred in preparing the Plans for such Facility or Discrete Component and the related costs of environmental evaluations of the Facility or Discrete Component, (iii) the fees paid to governmental agencies or utilities for obtaining permits, licenses or other governmental approvals for such Facility or Discrete Component, (iv) professional costs incurred that are associated with such Facility or Discrete Component, such as construction management and supervision (not to exceed 15% of the costs in (i) above), engineering, legal, accounting, inspection, construction staking, materials testing and similar professional services; and (v) the costs directly related to the construction and/or acquisition of a Facility or Discrete Component, such as costs of payment, performance and/or maintenance bonds, and insurance costs (including costs of any title insurance required hereunder) (but excluding the cost of real property unless paid to unrelated third parties). "Affiliate" means any entity with respect to which fifty percent (50%) or more of the ownership or voting power is held individually or collectively by any of the Owner and any other entity owned, controlled or under common ownership or control by or with, as applicable, the Owner, #225703 v2 9225.14
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and includes all general partners of any entity which is a partnership. Control shall mean ownership of fifty percent (50%) or more of the voting power of or ownership interest in the respective entity. "Bonds" means the bonds to be issued by the District pursuant to the Act in one or more series.
"City" means the City of Beaumont, a general law city.
"Conditions of Approval" means, with respect to any portion of the property within the District, the conditions of approval of all land use entitlements approved by the City and the conditions of any development agreement, subdivision improvement agreement or other agreement between the Owner and the City relating to such property which conditions must be satisfied in order to develop such property.
"County" means the County of Riverside, California.
"Development Agreement" means the Development Agreement between the City of Beaumont and LB/L-SunCal Oak Valley LLC, recorded as Instrument No. 2003-977700 in the Riverside County Recorder's Office on December 5, 2003, as partially assigned to and assumed by the Owner, as evidenced by Document No 2021-0396265 recorded on June 30, 2021, and by Document No 2022-0201712 recorded on April 29, 2022 in the Official Records of the County. "Director" means the Director of Public Works of the City, or his or her written designee acting as such under this Acquisition Agreement.
"Discrete Component" means a component of a Facility that the Director has agreed can be separately identified, inspected and completed, and be the subject of a Payment Request hereunder.

The Discrete Components are described in Exhibit A hereto. "District" means the City of Beaumont Community Facilities District No. 2025-1 (Fairway Canyon 4C), created by the City under the Act.
"Facilities" means the facilities described in Exhibit A hereto which are to be acquired with the proceeds of the Special Taxes and Bonds.
"Financing Policies" means the City of Beaumont's Goals and Policies for Community Facilities Districts, as adopted May 8, 1995 by Resolution No. 1995-23, attached hereto as Exhibit C. "Improvement Fund" means, (a) prior to the initial issuance of Bonds, the fund or account established by the City for the District, howsoever denominated, into which Net Proceeds of the Special Taxes of the District are to be deposited, and (b) from and after the initial issuance of Bonds for the District, fund or account established under the Indenture for such Bonds, howsoever denominated, into which Net Proceeds of Bonds and Special Taxes of the District are to be deposited.
"Indenture" means the bond indenture or similar document between the City and the Trustee for the District, providing for, among other matters, the issuance of the Bonds and the establishment of the Improvement Fund, as it may be amended from time to time. #225703 v2 9225.14
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"Net Proceeds" means (a) with respect to Special Taxes, the proceeds of such Special Taxes received prior to the initial issuance of Bonds and remaining after the payment or setting aside of, or provision for, administrative expenses of the District, and (b) with respect to Bonds, the proceeds of such Bonds remaining after the payment or setting aside of, or provisions for (i) the underwriter's discount for such Bonds, (ii) the costs of issuance of such Bonds, including the costs of authorizing the Special Taxes and Bonds of the District incurred by the City and Owner, (iii) any required reserve fund deposit for such Bonds, (iv) capitalized interest on such Bonds, and (v) pre funded administrative expenses of the District.
"Owner" means Meritage Homes of California, Inc., a California corporation, and its successors or assigns to the extent permitted under Section 8.7 hereof. "Payment Request" means a document, substantially in the form of Exhibit B hereto, to be used by the Owner in requesting payment of a Purchase Price. "Plans" means the plans, specifications, schedules and related construction contracts for the Facilities and/or any Discrete Components thereof approved pursuant to the applicable standards of the City.
"Previously Constructed Facilities" means the Facilities described in Exhibit A, which have both been completed and placed in service prior to the formation of the District. "Purchase Price" means the amount paid by the District for a Facility and/or any Discrete Components thereof determined in accordance with Article III hereof, being an amount equal to the Actual Cost of such Facility or Discrete Component, but subject to the limitations and reductions provided for in Article III.
"Rate and Method" means the rate and method of apportionment of the Special Taxes of the District approved by the qualified electors of the District. "Special Taxes" means the special taxes for facilities in the District levied in accordance with the Rate and Method.
"Supplement" means a written document amending, supplementing or otherwise modifying this Acquisition Agreement and any exhibit hereto, including any amendments to the list of Discrete Components in Exhibit A, and/or the addition to Exhibit A of additional Facilities (and Discrete Components) to be financed with the proceeds of the Bonds deposited in the Improvement Fund eligible to be financed by the District.
"Trustee" means a financial institution in its capacity as trustee or fiscal agent under the Indenture, or any successor thereto acting as trustee or fiscal agent under the Indenture.

ARTICLE II

FUNDING
Section 2.1 Issuance of Bonds. Upon the written request of the Owner or City, the Owner and the City staff shall meet regarding the amount, timing and other material aspects of each series of the Bonds. The legal proceedings for the issuance of the Bonds and the series, principal amounts, rates, terms, conditions and timing of the sale of the Bonds shall be in all respects be solely #225703 v2 9225.14
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determined by the City Council of the City, acting as the governing body of the District, in accordance with this Acquisition Agreement; provided that, subject to satisfaction of the applicable Financing Policies, sound municipal financing practices and the requirements of this Acquisition Agreement, as soon as possible following the execution of this Acquisition Agreement the City shall use commercially reasonable efforts to cause the District to issue and sell the Bonds in an amount sufficient to fund the Facilities. For purposes of sizing each series of Bonds, the priority annual administrative expense shall be $30,000 for the District.

Prior to the Bonds being issued for the District, the Owner will be required to provide all information regarding the development of its property within the District, including the financing plan for such development, which is necessary to ensure that the official statement for such Bonds complies with the requirements of all applicable federal and state securities laws, including without limitation Rule 15c2-12 and Rule 10(b)-5 of the Securities and Exchange Commission (the "Commission"). Moreover, each property owner which is responsible for twenty percent (20%) or more of the maximum special tax within the District at the time each series of Bonds for the District are issued (each a "Major Landowner") will be required to enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the development of the land owned by such Major Landowner in the District as necessary to assist the underwriter of the series of Bonds in complying with the continuing disclosure requirements of Rule 15c2-12 of the Commission and/or in marketing the Bonds. Each Major Landowner shall be required to execute a certificate in connection with each public sale of Bonds pursuant to which the Major Landowner shall indemnify and hold harmless City from claims arising from, or based upon, any untrue statement or alleged untrue statement of a material fact or omission or alleged omission of a material fact in the above -referenced information.

Section 2.2 Special Taxes and Bonds. Prior to the issuance of the first series of Bonds for the District, the "Assigned Special Tax" shall be levied in each fiscal year on parcels classified as "Developed Property" pursuant to and as defined in the Rate and Method for the District. The Net Proceeds of such Special Taxes shall be deposited in the Improvement Fund. In addition, the proceeds of each full or partial prepayment of Special Taxes attributable to eligible facilities prior to the issuance of Bonds shall be deposited in the Improvement Fund. The City, the District and the Owner are entering into this Acquisition Agreement and authorized the levy of the Special Taxes for the purpose of creating and allocating certain streams of revenues that are or will be available to pay directly or reimburse the costs of acquisition and construction of the Facilities and to pay debt service on Bonds and other indebtedness of the District. The District hereby irrevocably pledges the Net Proceeds of Special Taxes to the Owner for the reimbursement of costs of the Facilities, subordinate only to the payment of debt service on Bonds issued to fund such costs. Following the issuance of the Bonds, the District shall have no obligation to levy Special Taxes to pay directly for the costs of reimbursing or paying the Owner for the Facilities. The Owner, the City and the District hereby acknowledge and agree that any reduction or termination of the Special Taxes by exercise of the initiative power or the exercise of discretion of the City or the District would constitute a substantial impairment of revenue stream of Special Taxes that the Owner, the City and the District intend to create for the purpose of providing an assured source of funding for such costs.

Section 2.3 Net Proceeds. The proceeds of the Bonds shall be deposited, held, invested, reinvested and disbursed as provided in the Indenture. The Net Proceeds of the Bonds will be set aside under the Indenture in the Improvement Fund. Moneys in the Improvement Fund shall be withdrawn therefrom in accordance with the provisions of the Indenture and the applicable provisions hereof for payment of all or a portion of the costs of construction and/or acquisition of the #225703 v2 9225.14
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Facilities (including payment of the Purchase Price of Discrete Components thereof) all as herein provided. Funds in the Improvement Fund shall be reserved and disbursed in accordance with this Acquisition Agreement.

The Owner acknowledges that any lack of availability of amounts in the Improvement Fund to pay the Purchase Price of Facilities or any Discrete Components thereof shall in no way diminish any obligation of the Owner with respect to the construction of or contributions for public facilities and mitigation measures required by the Conditions of Approval or any subdivision, development or other agreement to which the Owner is a party, or any governmental approval to which the Owner or any land within the District are subject.

Section 2.4 Funding Facilities in Other Fairway Canyon Districts. Any Facilities that are not funded by the proceeds of Bonds and Special Taxes in the District may be funded by bonds and special taxes of another existing or to -be -formed community facilities district established at the request of Owner under the Act for the Fairway Canyon project (an "Other Fairway Canyon District"). To the extent that the Purchase Price of a Facility is not fully paid by this District, the unpaid Purchase Price of a Facility may be paid by sources available in an Other Fairway Canyon District.

Section 2.5 Disclosure of Special Tax. If requested in writing by the City, copies of the executed "Notice of Special Tax" required by California Government Code Section 53341.5 provided to the purchaser of real property within the District shall be provided to the City Director of Finance. The Director of Finance's receipt of such "Notice of Special Tax" shall not be construed as City or District approval of the form of Notice or in any way make the City or District liable for deficiencies in such "Notice of Special Tax." Owner agrees to retain copies of the Notice of Special Tax it has provided to homebuyers within the District for a period of three (3) years and to provide them to the City upon City's written request.

ARTICLE III

CONSTRUCTION AND ACQUISITION OF FACILITIES
Section 3.1 Duty of Owner to Construct. All Facilities and Discrete Components thereof to be acquired hereunder shall have been constructed at the direction of the Owner in accordance with the approved Plans and, except for the Previously Constructed Facilities, following the solicitation of competitive bids. The Owner shall have employed at all times adequate staff or consultants with the requisite experience necessary to bid, administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the Facilities to be acquired by the City from the Owner hereunder.

Section 3.2 Inspection. No payment hereunder shall be made by the City to the Owner for a Facility or Discrete Component thereof until the Facility or Discrete Component thereof has been inspected and found to be completed in accordance with the Plans by the City or other applicable public entity or utility. However, due to the age of some of the Facilities it is understood that normal wear and tear and aging may have occurred which shall not be a basis for denial. The City shall make or cause to be made periodic site inspections of the Facilities or Discrete Components to be acquired hereunder on a timely basis; provided that in no event shall the City incur any liability for any delay in the inspection of any Facilities or Discrete Components. For Facilities to be acquired by other public entities or utilities, the Owner shall be responsible for obtaining such #225703 v2 9225.14
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inspections and providing written evidence thereof to the Director. The Owner agrees to pay all inspection, permit and other similar fees of the City applicable to construction of the Facilities.

Section 3.3 Agreement to Sell and Acquire Facilities. The Owner hereby agrees to sell the Facilities and Discrete Components listed in Exhibit A hereto to the City or an applicable utility and the City hereby agrees to use amounts in the Improvement Fund to pay the Purchase Price of each of such Facilities and Discrete Components to the Owner, subject to the terms and conditions hereof The City shall not be obligated to acquire any Facility or Discrete Component until the Facility or Discrete Component is completed and the Acceptance Date for such Facility (or the final Discrete Component) has occurred; provided that the City has agreed hereunder to make payments to the Owner for certain Discrete Components of Facilities as shown in Exhibit A hereto prior to the Acceptance Date. The Owner acknowledges that the Discrete Components have been identified for payment purposes only, and that the City shall not accept a Facility of which a Discrete Component is a part until the entire Facility has been completed. The City acknowledges that the Discrete Components do not have to be accepted by the City as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until the Discrete Component has been completed in accordance with the Plans therefor, as determined by the Director. In any event, the City shall not be obligated to pay the Purchase Price for any Facility or Discrete Component except from the moneys in the Improvement Fund (subject to Section 2.4).

Section 3.4 Payment Requests. In order to receive the Purchase Price for a completed Facility or Discrete Component, inspection thereof under Section 3.2 shall have been made and the Owner shall deliver to the Director: (i) a Payment Request in the form of Exhibit B hereto for such Facility or Discrete Component, together with all attachments and exhibits required by Exhibit B and this Section 3.4 to be included therewith (including, but not limited to Attachments 1 and 2 to Exhibit B), and (ii) if payment is requested for a completed Facility, (a) if the property on which the Facility is located is not owned by the City at the time of the request, a copy of the recorded documents conveying to the City Acceptable Title to the real property on, in or over which such Facility is located, as described in Section 4.1 hereof, (b) to the extent paid for with the proceeds of the Bonds, an assignment to the District of any reimbursements that may be payable with respect to the Facility, such as public or private utility reimbursements, and (c) an assignment of warranties and guaranties for such Facility, as described in Section 4.5 hereof, in a form acceptable to the City.

Upon receipt of a Payment Request (and all accompanying documentation), the Director shall conduct a review in order to confirm that such request is complete, that such Discrete Component or Facility identified therein was constructed in accordance with the Plans therefor, and to verify and approve the Actual Cost of such Discrete Component or Facility specified in such Payment Request.

The Director shall also conduct such review as is required in his discretion to confirm the matters certified in the Payment Request. The Owner agrees to cooperate with the Director in conducting each such review and to provide the Director with such additional information and documentation as is reasonably necessary for the Director to conclude each such review. For any Facilities to be acquired by another public entity or utility, the Owner shall provide evidence acceptable to the Director that such Facilities are acceptable to such entity or utility. Within fifteen (15) business days of receipt of any Payment Request, the Director expects to review the request for completeness and notify the Owner whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the Director expects to provide a written approval or denial (specifying the reason for any denial) of the request within thirty (30) calendar days of its submittal. However, the Facilities documentation will be delivered by Owner to City in large quantities which may be beyond the ability of City to process, in accordance #225703 v2 9225.14
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with the forgoing timeframes. At the request of City or Owner, City may engage an outside contractor to review and process the Facilities documentation on behalf of the City the cost of which shall be borne by Owner subject to a written agreement executed by City and Owner. If a Payment Request seeking reimbursement for more than one Facility or Discrete Component is denied, the Director shall state whether the Payment Request is nevertheless approved and complete for any one or more Facilities or Discrete Components and any such Facilities or Discrete Components shall be processed for payment under Section 3.5 notwithstanding such partial denial. The City's and District's Costs associated with the acquisition of Facilities and processing of Payment Requests shall be reimbursed from the Improvement Fund or from amounts advanced by the Owner to the extent insufficient funds are on deposit in the Improvement Fund, which advances may be later reimbursed to the Owner out of the Improvement Fund.

Section 3.5 Payment. Upon approval of the Payment Request by the Director, the Director shall sign the Payment Request and forward the same to the City Director of Finance. Upon receipt of the reviewed and fully signed Payment Request, the City Director of Finance shall, within the then current City financial accounting payment cycle but in any event within fifteen (15) business days of receipt of the approved Payment Request, cause the same to be paid by the Trustee under the applicable provisions of the Indenture, to the extent of funds then on deposit in the Improvement Fund. Any approved Payment Request not paid due to an insufficiency of funds in the Improvement Fund, shall be paid promptly following the deposit into the Improvement Fund of proceeds of any investment earnings or other amounts transferred to the Improvement Fund under the terms of the Indenture.

Subject to Section 2.4, the Purchase Price paid hereunder for any Facility or Discrete Component shall constitute payment in full for such Facility or Discrete Component, including, without limitation, payment for all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of such Facility or Discrete Component, as specified in the Plans.

The City shall withhold payment for any Discrete Component or Facility constructed on land not already owned by the City or other public entity, until Acceptable Title to such land is conveyed to the City or other public entity that will own the respective Facility, as described in Article IV hereof.

The City shall be entitled to withhold any payment hereunder for a Facility or Discrete Component that is the subject of a Payment Request until it is satisfied that any and all claims for labor and materials have been paid by the Owner for the Facility or Discrete Component that is the subject of a Payment Request, or conditional lien releases (and/or unconditional lien releases) have been provided by the Owner for such Facility or Discrete Component. The City, in its discretion, may waive this limitation upon the provision by the Owner of sureties, undertakings, securities and/or bonds of the Owner or appropriate contractors or subcontractors and deemed satisfactory by the Director to assure payment of such claims.

The City shall be entitled to withhold payment for any Facility (or fmal Discrete Component) hereunder to be owned by the City until: (i) the Director determines that the Facility is ready for its intended use, and (ii) the Acceptance Date for the Facility has occurred and the requirements of Section 4.1, if applicable to such Facility, have been satisfied. The City hereby agrees that the Owner shall have the right to post or cause the appropriate contractor or subcontractor to post a bond #225703 v2 9225.14
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with the City to indemnify it for any losses sustained by the City because of any liens that may exist at the time of acceptance of such a Facility, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director. The City shall be entitled to withhold payment for any Facility (or the final Discrete Component of any such Facility) to be owned by other governmental entities, until the Owner provides the Director with evidence that the governmental entity has accepted dedication of and/or title to the Facility. If the Director determines that a Facility is not ready for intended use under (i) above, the Director shall so notify the Owner as soon as reasonably practicable in writing specifying the reason(s) therefor.

Nothing in this Acquisition Agreement shall be deemed to prohibit the Owner from contesting in good faith the validity or amount of any mechanics or materialman's lien nor limit the remedies available to the Owner with respect thereto so long as such delay in performance shall not subject the Facilities or any Discrete Component thereof to foreclosure, forfeiture or sale. In the event that any such lien is contested, the Owner shall only be required to post or cause the delivery of a bond in an amount equal to the amount in dispute with respect to any such contested lien sufficient to cause the release or such lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director.

Subject to the last paragraph of this Section 3.5, the City shall withhold in the Improvement Fund an amount equal to ten percent (10%) of the Purchase Price of each Discrete Component to be paid hereunder other than the final Discrete Component of any Facility. Any such retention will be released to the Owner upon final completion and acceptance of the related Facility.

Notwithstanding the foregoing, the Owner shall be entitled to payment of any such retention upon the completion and acceptance of a Discrete Component, if securities meeting the requirements of the California Public Contracts Code are deposited in lieu thereof. Payment of any retention shall also be contingent upon the availability of monies in the Improvement Fund therefore. No retention shall apply if the Owner proves to the Director's satisfaction that the Owner's contracts for the Discrete Components provide for the same retention as herein provided, so that the Purchase Price paid for the Discrete Component is at all times net of the required retention.

Section 3.6 Defective or Nonconforming Work. If any of the work done or materials furnished for a Facility or Discrete Component are found by the Director to be defective or not in accordance with the applicable Plans: (i) and such fmding is made prior to payment for the Purchase Price of such Facility or Discrete Component hereunder, the City may withhold payment therefor until such defect or nonconformance is corrected to the satisfaction of the Director, or (ii) and such finding is made after payment of the Purchase Price of such Facility or Discrete Component, the City and the Owner shall act in accordance with the City's standard specification for public works construction.

ARTICLE IV

OWNERSHIP AND TRANSFER OF FACILITIES
Section 4.1 Facilities to be Owned by the City; Conveyance of Land and Easements to City. Acceptable Title to all property on, in or over which each Facility to be acquired by the City will be located, shall be deeded over to the City by way of grant deed, or dedication of such property, or easement thereon, if such conveyance of interest is approved by the City as being a sufficient interest therein to permit the City to properly own, operate and maintain such Facility located therein, #225703 v2 9225.14
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thereon or thereover, and to permit the Owner to perform its obligations as set forth in this Acquisition Agreement. The Owner agrees to assist the City in obtaining such documents as are required to obtain Acceptable Title. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for a Facility (or the last Discrete Component thereof) and shall be evidenced by recordation of the acceptance thereof by the City Council or the designee thereof.

Section 4.2 Facilities to be Owned by the City; Title Evidence. The Owner shall furnish to the City a preliminary title report for land with respect to Facilities to be acquired by the City and not previously dedicated or otherwise conveyed to the City, for review and approval at least thirty (30) business days prior to the transfer of the Acceptable Title to a Facility to the City. The City shall approve the preliminary title report unless it reveals a matter which, in the judgment of the City, could materially affect the City's use and enjoyment of any part of the property or easement covered by the preliminary title report. In the event the City does not approve the preliminary title report, the City shall not be obligated to accept title to the land with respect to such Facility or pay the Purchase Price for such Facility (or the last Discrete Component thereof) until the Owner has cured such objections to title to the reasonable satisfaction of the City and caused a standard title insurance policy to be issued to the City with respect to such land in the amount of the Purchase Price. In the event the Owner cannot cure such objections to title, City agrees to consider the use of eminent domain pursuant to Section 4.3 hereof for such purpose.

Section 4.3 Facilities Constructed on Private Lands. If any Facilities to be acquired are located on privately -owned land, the owner thereof shall retain title to the land and the completed Facilities until acquisition of the Facilities under Article III hereof. Pending the completion of such transfer, the Owner shall not be entitled to receive any payment for any such Facility or the last Discrete Component thereof. The Owner shall, however, be entitled to receive payment for Discrete Components (other than the last Discrete Component) upon making an irrevocable offer of dedication of such land in form and substance acceptable to the Director. Notwithstanding the foregoing, upon written request of the City before payment for any Discrete Component of such a Facility, the Owner shall convey or cause to be conveyed Acceptable Title thereto in the manner described in Sections 4.1 and 4.2 hereof.

It shall be the responsibility of the Owner to acquire all property rights on property which is not owned by the City or the Owner which is necessary for the construction of any of the Facilities.

In the event, despite its exercise of best efforts to do so, the Owner is unable to acquire such property rights, the City shall in good faith consider the undertaking of proceedings to acquire such property rights through its exercise of the power of eminent domain, and the costs of such proceedings and acquisition shall be the responsibility of the Owner and shall comprise part of the Purchase Price of the related Facility.

Section 4.4 Facilities Constructed on City Land. If the Facilities to be acquired are on land owned by the City, including land as to which the City has acquired sufficient property rights in the manner described in Section 4.3 or otherwise, the City hereby grants to the Owner a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of the Facilities. The provisions for inspection and acceptance of such Facilities otherwise provided herein shall apply.

Section 4.5 Maintenance and Warranties. The Owner shall maintain or cause to be maintained each Discrete Component in good and safe condition until the Acceptance Date of the #225703 v2 9225.14
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Facility of which such Discrete Component is a part. Prior to the Acceptance Date, the Owner shall be responsible for performing any required maintenance on any completed Discrete Component or Facility. On or before the Acceptance Date of the Facility, the Owner shall assign to the City all of the Owner's rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to such Facility. For each Facility to be owned by the City, the Owner shall provide a warranty bond reasonably acceptable in form and substance to the Director to remain in effect for a period of one year from the date of acceptance of each Facility.

The City shall be responsible for maintenance of each Facility from and after the Acceptance Date thereof, except that with respect to landscaping improvements, the Owner shall maintain or cause to be maintained such landscape improvements for a period of one year following the Acceptance Date thereof or shall provide a bond reasonably acceptable in form and substance to the Director for such period and for such purpose (for landscaping improvements only, and for the posting of a warranty bond to remain in effect for one year as to other Facilities), to insure that defects, which appear within said period will be repaired, replaced, or corrected by the Owner, at its own cost and expense, to the satisfaction of the Director. The Owner shall commence to repair, replace or correct any such defects within thirty (30) days after written notice thereof by the City to the Owner, and shall complete such repairs, replacement or correction as soon as practicable. Any warranties, guarantees or other evidences of contingent obligations of third persons with respect to the Facilities to be acquired by the City shall be delivered to the Director as part of the transfer of title.

Section 4.6 Allocation of Costs. If Owner incurs costs that (1) apply to more than one Facility or Discrete Component (e.g., soft costs) or (2) apply to both Facilities or Discrete Components and improvements other than the Facilities or Discrete Components (e.g., grading), Owner shall allocate, or cause the contractor to reasonably allocate, such costs between the Facilities or Discrete Components (in the case of clause (1)) or between the Facilities or Discrete Components and the improvements other than the Facilities or Discrete Components (in the case of clause (2)) (the "Owner Allocation"). The Owner Allocation shall be presumed to be reasonable and shall be accepted for all purposes of this Acquisition Agreement unless the City notifies Owner of its good - faith reasonable disapproval of the allocation as part of the City's written response to the applicable Payment Request. If the City has properly disapproved the Owner Allocation, then the City and Owner shall promptly allocate such costs, on a reasonable basis, between the Facilities or Discrete Components (in the case of clause (1)) or between the Facilities or Discrete Components and the improvements other than the Facilities or Discrete Components (in the case of clause (2)) (the "Agreed -Upon Allocation"). Based on the Owner Allocation or the Agreed -Upon Allocation, as applicable, the City shall include the costs allocated to a specific Facility or Discrete Component as part of the Actual Costs of such Facility or Discrete Component when such Facility or Discrete Component is subject to a Payment Request.

Section 4.7 Expectations of the Parties. The City understands and agrees that (i) Owner will be constructing Facilities or Discrete Components prior to the availability of sources that will be used to pay for such Facilities or Discrete Components, (ii) the City or the other public agencies that will own and operate such Facilities or Discrete Components may be inspecting such Facilities or Discrete Components and processing and completing payment requests for the payment on such Facilities or Discrete Components with knowledge that there may be insufficient sources available at such time, (iii) the Facilities or Discrete Components may be conveyed to and accepted by the City or other local agency that will own and operate such Facilities or Discrete Components when there are insufficient sources to pay the Purchase Prices of such Facilities or Discrete Components, and (iv) in any such case, the payment of any approved payment requests for the Purchase Prices of such Facilities or Discrete Components will be deferred until there are sufficient sources available to pay #225703 v2 9225.14
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the Purchase Prices of such Facilities or Discrete Components, at which time the City will make such payments in accordance with this Acquisition Agreement. At all times, Owner will be constructing such Facilities or Discrete Components with the expectation that the Purchase Prices for such Facilities or Discrete Components will be paid solely from the sources. The conveyance of Facilities or Discrete Components to the City or a local agency that will own and operate such Facilities or Discrete Components prior to receipt of the Purchase Prices for such Facilities or Discrete Components shall not be construed as a dedication or gift, or a waiver of the payment of the Purchase Prices, or any part thereof, for such Facilities or Discrete Components.

ARTICLE V

INSURANCE
Section 5.1 Insurance Requirements. The Owner shall, at all times prior to the final Acceptance Date of all Facilities, maintain and deliver to the City evidence of and keep in full force and effect, not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policies satisfactory to the Director: (i) Workers Compensation and Employer's Liability - Workers' Compensation - coverage as required by law; Employer's Liability - limits of at least $1,000,000.00 per occurrence; (ii) Comprehensive General Liability - Combined Single Limit - $2,000,000.00; (iii) Automobile Liability - Combined Single Limit - $1,000,000.00; and (iv) Errors and Omissions Insurance - Combined Single Limit - $2,000,000.00.

All of the Owner's insurance policies shall contain an endorsement providing that written notice shall be given to the City at least 30 calendar days prior to termination or cancellation of coverage of the policy.

The Comprehensive General Liability and Bodily Injury and Property Damage Liability policies shall contain the following:
(a) An endorsement extending coverage to the City and its agents as an additional insured, as respects liabilities arising out of the performance of any work related to the Facilities. Which insurance shall be primary insurance as respects the interest of the City, and any other insurance maintained by the City shall be excess and not contributing insurance with the insurance required hereunder.
(b) Severability of interest clause.
(c) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to contractual liability assumed by the Owner.

Promptly on execution of this Acquisition Agreement by the Owner, the Owner shall deliver to the Director copies of all required certificates of insurance and endorsements thereto on forms which are acceptable to the Director and the City Attorney.

The Owner shall require and verify similar insurance on the part of its contractors and subcontractors.
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The foregoing requirements as to the types, limits and City approval of insurance coverage to be maintained by the Owner are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Owner under this Acquisition Agreement.

Any policy or policies of insurance that the Owner or its contractors or subcontractors elect to carry as insurance (i) against loss or damage to their construction equipment and tools or other personal property used in fulfillment of this Acquisition Agreement or a contract related to the Facilities shall include a provision waiving the insurer's right of subrogation against the City, and (ii) in fulfillment of this Acquisition Agreement involving a dual obligee bond may contain a clause to the effect that: "provided that Principal and Surety shall not be liable to the Obligees or any of them unless the Obligees or any of them have performed the obligations to the Principal in accordance with the terms of said contract; and provided, further, that Principal and Surety shall not be liable to all Obligees in the aggregate in excess of the penal sum above stated." Section 5.2 Standards Applicable. The Owner may effect such coverage under blanket insurance policies, provided, however, that (i) such policies are written on a per occurrence basis, (ii) such policies comply in all other respects with the provisions of Section 5.1, and (iii) the protection afforded the City under any such policy shall be no less than that which would be available under a separate, policy relating only to this Acquisition Agreement. All policies of insurance shall be with companies licensed or approved by the State of California Insurance Commissioner and rated (i) A or better with respect to primary levels of coverage, and (ii) B+12 or better with respect to excess levels of coverage, in the most recent edition of Best's Insurance Guide and shall be issued and delivered in accordance with State law and regulations.

Section 5.3 Evidence of Insurance. Prior to the Acceptance Date, the Owner shall furnish to the City, from time to time upon request of the Director, a certificate of insurance regarding each insurance policy required to be maintained by the Owner hereunder.

ARTICLE VI

REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 6.1 Representations, Covenants and Warranties of the Owner. The Owner represents and warrants for the benefit of the City, as follows:
(a) Organization. Owner is a California corporation and is validly doing business and in good standing in the State of California, is in compliance with all applicable laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated.
(b) Authority. The Owner has the power and authority to enter into this Acquisition Agreement, and has taken all action necessary to cause this Acquisition Agreement to be executed and delivered, and this Acquisition Agreement has been duly and validly executed and delivered by the Owner.
(c) Binding Obligation. This Acquisition Agreement is a legal, valid and binding obligation of the Owner, enforceable against the Owner in accordance with its terms, subject to bankruptcy and other equitable principles.
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(d) Compliance with Laws. The Owner shall not with knowledge commit, suffer or permit any act to be done in, upon or to the lands of the Owner in the District or the Facilities in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the lands in the District or the Facilities. (e) Requests for Payment. The Owner represents and warrants that (i) it will not request payment from the City for the acquisition of any improvements that are not part of the Facilities, and (ii) it will diligently follow all procedures set forth in this Acquisition Agreement with respect to the Payment Requests.
(f) Financial Records. Until the final acceptance of the Facilities, the Owner covenants to maintain proper books of record and account for the construction of the Facilities and all costs related thereto. Which accounting books shall be maintained in accordance with generally accepted accounting principles, and shall be available for inspection by the City or its agent at any reasonable time during regular business hours on reasonable notice. (g) Prevailing Wages. The Owner covenants that, with respect to any contracts or subcontracts for the construction of the Facilities to be acquired from the Owner hereunder, it has assured complete compliance with any applicable law or regulation for the payment of prevailing wages for such construction.
(h) Plans. The Owner represents that it has obtained or will obtain approval of the Plans for the Facilities to be acquired from the Owner hereunder from all appropriate departments of the City and from any other public entity or public utility from which such approval must be obtained. The Owner further agrees that the Facilities to be acquired from the Owner hereunder have been or will be constructed in full compliance with such approved plans and specifications and any supplemental agreements (change orders) thereto, as approved in the same manner.

Section 6.2 Indemnification and Hold Harmless. The Owner shall assume the defense of, indemnify and save harmless the City, members of the City Council, their officers, officials, employees and agents and each of them, from and against all actions, damages, claims, losses or expense of every type and description to which they may be subjected or put, by reason of, or resulting from the breach of any provision of this Acquisition Agreement by the Owner, the Owner's or any other entity's negligent design, engineering and/or construction of any of the Facilities acquired from the Owner hereunder, the Owner's non-payment under contracts between the Owner and its consultants, engineer's, advisors, contractors, subcontractors and suppliers in the provision of the Facilities, any claims of persons employed by the Owner or its agents to construct the Facilities, claims for damages to persons or property related to the actions of Owner contemplated by this Acquisition Agreement or any claims arising out of any alleged misstatement of a material fact or omission of a material fact with respect to provisions in any Official Statement for the Bonds for which the Owner certifies in a customary certificate executed in connection with the printing of the Official Statement for such Bonds. Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss or expense directly attributable solely to the intentional acts or negligence of the City, or its officers, directors, employees or agents hereunder.

No provision of this Acquisition Agreement shall in any way limit the Owner's responsibility for payment of damages resulting from the operations of the Owner, its agents, employees or its contractors.
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Beaumont City CouncilDecember 16, 2025

Beaumont City Council
December 16, 2025