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08/14/20
BY
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DESCRIPTION
APPR.
DATE
CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT 550E. 6th St
ENGINEERING DIVISION 2223
TEL: (951) 769-8520 Be:u(951) 769-8526mont. CA
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DATE
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S H E E T
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_ J1
1 I
` 08/14/20
FILE NO:
3303
Cit
E,''in
�
a /Director of Public Works
DA—_:
O8/14/2O
BY
MARK
DESCRIPTION
APPR.
DATE
CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT 550E. 6th St
ENGINEERING DIVISION 2223
TEL: (951) 769-8520 AX:u(951) 769-8526mont. CA
JOB NUMBER: '}
06.002.000
DATE
R.C.E. 45920 EXP. 12 31 2020
ENGINEER
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FILE NO:
3303
Cit
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08/14/20
BY
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DESCRIPTION
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CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT 550E. 6th St
ENGINEERING DIVISION 2223
TEL: (951) 769-8520 AX:u(951) 769-8526mont. CA
JOB NUMBER: '}
06.002.000
DATE
R.C.E. 45920 EXP. 12 31 2020
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FILE NO:
3303
Cti
qi a r/Director of Public Works
DA—E:
08/14/20
BY
MARK
DESCRIPTION
APPR.
DATE
CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT 55OE. 6th St
ENGINEERING DIVISION 2223
TEL: (951) 769-852O AX:u(951) 769-8526mont. CA
JOB NUMBER:
06.002.000
DATE
R.C.E. 45920 EXP. 12 31 2020
ENGINEER
REVISIONS V I S I O N S
CITY
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BEAUMONT
-C A L I F O R N I A -
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.beaumontca.gov
Case No. PW2026-0067
Receipt No. R01 740433
Fee $ 3,915.00
Date Paid 4/29/2026
BOND EXONERATION APPLICATION
Bond Type: ®Performance Maintenance ❑Final Monument Inspection Other:
1. Contact's Name Jesse Mudd
2. Contact's Address 980 Montecito Dr Suite 300
Phone 951-415-2974
Corona, CA 92879
City/State/Zip
5. Contact's [email protected]
3. Developer Name DR Horton Phone _
(If corporation or partnership application must include names of principal officers or partners)
4. Developer Address 980 Montecito Dr Suite 300 Corona, CA 92879 City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
TR 3' 162-22 Augusta at the Fairways Bond No. 2' BSB V3L18 Storm Drain mprovement Bond
6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
Jesse Mudd
4/21/2026
Print Name nd Sign — Contact/Applicant Date
7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City.
Jesse Mudd
4/21/2026
Print Namnd Sign — Contact/Applicant Date
8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
• Remove and replace concrete and AC as needed where lifting. • Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slurry coat for all road surfaces.
• Restore/Verify pavement striping/markings.
• Restore/Verify blue dots and signage as needed.
• Clean and camera sewer. Provide report and video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade within Right -of -Way. • Provide Landscape Architects Certification as required.
Jesse Mudd
kleAdd
4/21/2026
Print Name ofid Sign — Contact/Applicant Date
BEAUMONT
Punch List
Project Name: Storm Drain Bond
Tract No.31462-22
PW2026-0067
Performance
Bond No. 21BSBIV3418
Inspected By: Jason Craghead
Page: 1 of 1
Date: 5/5/26
Item
No.
Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
No Items
1 Jason Craghead
5/12/26
Jason Craghead
5/12/26
[COMPANY NAME]
Bond No. 21 BSBJM2840
MAINTENANCE BOND
D.R. Horton Los Angeles
WHEREAS, the City of Beaumont ("City"), a municipal corporation, and Holding Company, Inc. (hereinafter "Principal"), have entered into an agreement by which Principal agrees to install and complete certain designated public improvements and to guarantee and warrant the work for the period of one year following its completion and acceptance, which said agreement, dated , and identified as Augusta at the Fairways I - TR 31462-22is hereby referred to and made a part hereof; and:
WHEREAS, Principal is required under the terms of the agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of the agreement.
NOW, THEREFORE, we, the Principal and Hartford Fire Insurance Company ("Surety") admitted and duly authorized to transact business under the laws of the State of California as surety, are held and firmly bound unto the City of Beaumont as obligee, in the penal sum of rhirty Six Thousand Five Hundred and oortoo dollars ($ 36,500.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the agreement and any alteration thereof made as therein provided, on his or its 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 of Beaumont, 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 a condition precedent to the satisfactory completion of the agreement, the obligation of the Principal and surety under this bond shall remain in effect for a period of one (1) year after the completion and acceptance of the work. During that time, if the Principal or his or its heirs, executors, administrators, successors or assigns, fails to make full, complete and satisfactory repair and replacement or totally protect the City from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the work, then the obligation shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety shall continue so long as any obligation of the Principal remains.
As a 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 of Beaumont in successfully enforcing such obligation, all to be taxed as costs and included in any judgment 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 anywise affect its obligations under 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. The Surety waives all rights of subrogation against the City or any person employed by the City.
[signatures on following page]
SIGNED AND SEALED THIS 28
(Seal)
Hartford Fire Insurance Company
SURETY
By:
AIX
DAY OF
(Name)
Noah William Pierce
(Title)
Attorney -In -Fact
(Address)
One Hartford Plaza
Hartford. CT 06155
May
20 26 •
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.
PR
(Name)
J ;- cr L. D +Lea.r.�1
(Title)
Vice Pros oItr}'
(Address)
980 Montecito Drive, Suite 300
Corona, CA 92879
ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On (.P/3,o2Da
before me, Ashley Arryann Donovan, Notary Public
(insert name and title of the officer)
personally appeared Jennifer L. O'Leary
who proved to me on the basis of satisfactory evidence to be the person(sr) whose name(s) is/ape- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h•is/her/their authorized capacity(ies), and that by his/her/their signature(9) on the instrument the person(}, or the entity upon behalf of which the person(o) 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 62A.Q.P-.v). Cv► crA,.-. d)C7nw.,-.. (Seal)
Notary Public
ASHLEY ARRYANN DONOVAN
COMM #2417574 g
NOTARY PUBLIC - CALIFORNIA
RIVERSIDE COUNTY
My Commission Expires September 22, 2026:
STATE OF NORTH CAROLINA
COUNTY OF ROWAN:
I, Bryan M Caneschi, a Notary Public in and for Rowan County, North Carolina, do hereby certify that Noah William Pierce personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal this 2g day of Atay
Notary Seal
BRYAN M CANESCNI
Notary Public • North Carolina
Rowan County
My Commission Expires Apr 4, 2027
Bryan M Caneschi, Notary Public
My Commission Expires on the 4th day of April, 2027.
2026
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS THAT:
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-11
One Hartford Plaza
Hartford, Connecticut 06155
Bond.ClaimsAthehartford.com
call: 888-266-3488 or fax 860-757-5835
Agency Name: WILLIS TOWERS WATSON SOUTHEAST INC
Agency Code: 22-270298
X
X
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :
Jeannette Porrini of Mount Laurel NJ, Noah William Pierce of Tampa FL, Walter Caldwell, Jennifer B. Gullett, John F. Thomas, Catherine Thompson, Amy R. Waugh of CHARLOTTE, North Carolina
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
Shelby Wiggins, Assistant Secretary
STATE OF FLORIDA
ss. Lake Mary
0'1 ifAiu,e
Joelle L. LaPierre, Assistant Vice President
COUNTY OF SEMINOLE J
On this 13th day of February, 2020, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say:
that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
Jessica Noelle Ciccone
My Commission #FF029702
Expires June 20, 2021
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of 5/ 2 8 / 2 6 Signed and sealed in Lake Mary, Florida.
Keith D. Dozois, Assistant Vice President
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City Clerk
City of Beaumont
550 E. Sixth Street
Beaumont, CA, 92223
DOC # 2024-0036296
02/08/2024 08:33 AM Fees: $0.00
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
**This document was electronically submitted
to the County of Riverside for recording**
Receipted by: JACQUELINE #2386
Space above this line for recorder's use only
PW2022-0844 - TR 31462-22 Storm Drain Improvements Bond & Agreement TRA:
Title of Document
DTT: -0-
Exemption reason declared pursuant to Government Code 27388.1 0 D
This document is a transfer that is subject to the imposition of documentary transfer tax.
This is a document recorded in connection with a transfer that is subject to the imposition of documentary transfer tax.
Document reference:
This document is a transfer of real property that is a residential dwelling to an owner - occupier.
This is a document recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier.
Document reference:
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies)
ACR 238 (Rev. 01/2018)
vailable i Alternatg Eormats
age 583 ot 2226
DOC #2024-0036296 Page 2 of 32
RECORDING REQUESTED BY:
CITY CLERK
WHEN RECORDED RETURN TO:
City Clerk
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 31462-22
DATE OF AGREEMENT: March 9, 2022
NAME OF SUBDIVIDER: DR Horton Los Angeles Holding Company, Inc a California Corporation . (hereinafter referred to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT:
101 residential
Augusta at The Fairways subdivision
consisting of
, originally approved on
lots,
and Tentative Tract ("Tract"
or "Tentative Tract Map") ,
originally approved on
FINAL TRACT MAP 31462-22 APPROVED ON RECORDED ON
01/21/2021 AS INSTRUMENT NUMBER: 2021-0040295 'Final Tract Map").
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").
EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ 365,000.00
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
$ 23, 400.00
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: I V318?
LETTER OF CREDIT NUMBERS:
DOC #2024-0036296 Page 3 of 32
FINANCIAL INSTITUTION:
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as "City"), and DR Horton Los Angeles Holding Company, Inc. a California Corporation (hereinafter referred to as "Subdivider"). City and Subdivider are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".
RECITALS
A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property").
B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City subdivision laws and codes.
D. In consideration of the approval of a final map by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws.
E. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works ("City Engineer"). The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit "B" and incorporated and
DOC #2024-0036296 Page 4 of 32
made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B".
G. For the purposes of this Agreement, the term "Public Improvements" means all those improvements within the Tract intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit "B".
NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows:
1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit "B" (hereinafter collectively the "Improvements") within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement. (c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational. (d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards.
(e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all right-of-way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances. Subdivider's obligations relating to acquisition by City of off -site rights -of -way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development.
(f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as
DOC #2024-0036296 Page 5 of 32
specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City.
2. Improvement Securities.
(a) Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as "Improvement Securities" and individually as "Improvement Security") to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City's final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit "A". Said securities are estimated at this time in Exhibit "B" to be in the following amounts, and shall be for the purposes described as follows:
Three Hundred Sixty -Five Thousand
(i) and 00/100 DOLLARS ($365,000.00) to
ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) Three Hundred Sixty -Five Thousand and 00/100 DOLLARS ($365,000.00) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement.
(iv) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act.
(b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of
DOC #2024-0036296 Page 6 of 32
Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released. (c) Subdivider agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts.
(d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement. Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that
DOC #2024-0036296 Page 7 of 32
revision of the drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City. Said changes, if any, shall be confined to the Property.
5. Reserved.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation. (b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Subdivider's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdivider's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the Improvements.
7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final completion and certification of all Private Improvements and Public Improvements. Partial releases may be
DOC #2024-0036296 Page 8 of 32
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.
DOC #2024-0036296 Page 9 of 32
(d) The Monumentation Security may be released in full by the City Engineer in accordance with the terms of the separate monument agreement with the City, or if there is none, upon submittal of the following:
(i) a written certification from the professional engineer or surveyor responsible for setting the monuments stating that all the final monuments for the Subdivision have been set in accordance with the Professional Land Surveyors Act and the Subdivision Map Act, and that the professional engineer or surveyor has been paid in full by Subdivider for such services; and
(ii) centerline tie sheets prepared in a manner acceptable to the City Engineer showing the locations of centerline monuments in existing public or private streets; and (iii) any Record of Survey required by this Agreement has been filed with the County of Riverside and recorded.
(e) The City may retain from any Improvement Securities released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
8. Injury to Public Improvements, Public Property or Public Utilities Facilities.
Subdivider shall replace or repair, or cause the repair or replacement of any and all public or private improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public or private improvement.
9. Permits. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.
10. Notice of Breach/Default of Subdivider.
(a) Default of Subdivider shall include, but not be limited to: (1) Subdivider's failure to timely complete construction of the Improvements; (2) Subdivider's unwarranted failure to timely cure any defect in the Improvements; (3) Subdivider's failure to perform substantial construction work for a period of twenty (20) consecutive calendar days after commencement of the work; (4) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (6) Subdivider's failure to keep the Improvement
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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 Subdividers surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the completion of same. (e) The City reserves to itself all remedies available to it at law or in equity for Subdivider's default under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Subdivider. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Improvements, and therefore, City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans.
DOC #2024-0036296 Page 11 of 32
(f) Failure of Subdivider to comply with the terms of this Agreement, including but not limited to, construction of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Subdivider's consent to: (1) the filing by City of a notice of violation against all of the lots in the Subdivision; (2) withholding of Building permits, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Subdivider agrees that the choice of remedy or remedies for Subdivider's default or breach shall be in the sole discretion of City.
(g) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.
11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Subdivider shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the Plans, Subdivider shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion. (b) Should Subdivider fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such work. (c) Should the City determine that an emergency or a threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the cost of such repairs.
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12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement.
13. Injury to Improvement Work; Risk of Loss. Until such time as the Public Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Public Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times.
14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other Subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment.
15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Subdivider shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements, and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.
16. Vesting of Ownership. Upon acceptance of the Public Improvements and related work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Improvements constructed within the Private streets in the Development shall vest in the name of the City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.
17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, subcontractors or employees in the performance of this Agreement.
Subdivider hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Subdivider's operations, or any subcontractor's operations, to be performed under this Agreement for Subdivider's or subcontractor's tort
DOC #2024-0036296 Page 13 of 32
negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters. (c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design. After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Subdivider's Improvement Securities shall not be required to secure Subdivider's obligations under this Section
17. 18. Sale or Disposition of Subdivision; Assignment. (a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Subdivider may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor.
DOC #2024-0036296 Page 14 of 32
(b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement for work or Improvements performed by Subdivider prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements; Extensions.
(a) Subdivider shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause. Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney. (b) Any such extension may be granted without notice to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension.
(c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act of City, or from an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
DOC #2024-0036296 Page 15 of 32
(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Subdivider to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.
21. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City:
Notice to City:
City 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
Attn:
22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.
23. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
24. Insurance.
(a) Subdivider shall, at all times during the construction of the Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Subdivider and its contractors and subcontractors in performance of the work under this Agreement. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage
DOC #2024-0036296 Page 16 of 32
(Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury. (ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Subdivider, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Subdivider's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease. In case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Subdivider shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. (2) Subdivider hereby indemnifies City for any damages or claims resulting from failure of either Subdivider or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance.
(b) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least a A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Subdivider shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
DOC #2024-0036296 Page 17 of 32
(d) Certificates and Endorsements Verification. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section.
(e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations. (2) Primary Insurance. For any claims related to this project, the Subdivider's insurance coverage shall be primary insurance as respects the City of Beaumont, its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.
(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Re • uirements. 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.
DOC #2024-0036296 Page 18 of 32
(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) Hither Limits. If Subdivider maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
25. Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees.
26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into in the terms of this Agreement.
27. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.
28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.
29. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property.
(b) The provisions of Subsection 29(a) notwithstanding, Subdivider shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with the provisions of Section 18 of this Agreement.
DOC #2024-0036296 Page 19 of 32
(c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto.
30. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Subdivider. The undersigned, on behalf of Subdivider, binds Subdivider, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
Subdivider:
DR Horton Los Angeles Holding Company, Inc.
a California Corporation
By:
(
City:
CITY OF BEAUMONT
a Municipal Corporation
ATTEST:
City Clerk
APPROVED AS TO FORM:
,John-Pinkney, City Atto
APPROVED AS TO CONTENT:
Jeff Hart,
f Engr e ring/Public Works
DOC #2024-0036296 Page 20 of 32
Attachments: Exhibit A Legal description of Property
Exhibit B Cost estimates
(Proper Notarization of Subdivider's Signature is required and shall be attached)
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
CONSTRUCTION COST WORKSHEET
"FOR PLAN CHECK FEE PURPOSES"
PARCEL MAP OR TRACT NO.:
DATE:
Tract No. 31462-22 (PA 26B-101 lots) Storm Drain Im
rovements
17 -Sep -20
PP, CUP NO.:
BY:
George A. Lenfestey
IMPROVEMENTS
FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
Construction Costs)
Streets/Drainage
Sewer
Total
Warranty Retension (22.5%)
Street/Drainage Plan Check Fees =
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =
364,497.10
364,497.10
82,011.85
9,112.43
500.00
14,579.88
750.00
DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding, plan check and inspection costs.
Above amounts do [1 include additional 20% for recordation prior to having signed plans Above amounts do not n include additional 20% for recordation prior to having signed plans Engineer's Signature Date
George A. Lenfestey
Name typed or printed
Civil Engineer's Stamp
*****PLEASE READ INSTRUCTIONS BELOW*****
1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Construction Cost Worksheet".
2. Show Bond Amounts to the nearest $500.
3. For construction items not covered by the Construction Cost Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont unit costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used.
9/16/2020
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Tract No. 31462-22 (PA 26B-101 lots) Storm Drain Improvements DATE: 17 -Sep -20
STREET IMPROVEMENTS
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
Roadway Excavation
C.Y.
1. Projects with a grading plan area x 0.50'
(hinge point to hinge point)(100,545 sf)
$ 15.00
$ -
2. Projects without a grading plan (road
area and side slopes to daylight
Cut (C) = 668,078 C.Y. Fi11 (f) = 276,197 C.Y.
C.Y. (c or f)
(a.) Excavate and Fi11
$ 0.40
$
C.Y. (f - c)
(b.) Excavate and Export
$ 1.10
$ -
(c.) Import and Fill
$ 2.80
$
If balance, provide (a.) only, either cut or fill
If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
$
S.F.
Remove A.C. Pavement
$ 1.00
$
L.F.
Remove Curb and Gutter
$ 4.00
$
L.F.
Remove A.C. Dike
$ 3.00
$
S.F.
Remove Sidewalk
$ 3.00
$
L.F.
Sawcut & Remove Exist. A.C. Pavement
$ 2.00
$ -
$
$ -
$
$ -
$
$
$
$
$
$
$
9/16/2020
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Tract No. 31462-22 (PA 26B-101 lots) Storm Drain Improvements DATE: 17 -Sep -20
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
Remove Chain Link Fence
$ 2.50
$ -
EA.
Remove Barricade
$ 200.00
$ -
TON
Asphalt Concrete - 144 lbs/cu. Ft.
(100,545 SF @ 0.25')
$ 90.00
$ -
C.Y.
Aggregate Base Class II (100,545 [email protected]')
$ 50.00
$ -
TON
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) (100,545 SF)
$ 600.00
$ -
apply at 0.05 + 0.03 = 0.08 gal/SY
$ -
S.F
AC over_ay (min. 0.10')
If export, provide (a) & (b), a=fill, b=cut-fill
If import, provide (a)&(C), a=cut, c=fill-cut
(Unit costs for (a), (b) & (C) are 20% of
actual costs to assure that work will be
corrected to eliminate hazardous conditions.)
$ 0.90
$ -
S.F.
Remove A.C. Pavement
$ 0.50
$ -
L.F.
Curb and Gutter (Wedge Curb)
$ 8.00
$ -
L.F.
Curb and Gutter (Type A-6)
$ 10.00
$ -
L.F.
Curb and Gutter (Type A-8)
$ 12.00
$ -
L.F.
Type "C" Curb
$ 10.00
$ -
L.F.
Type "D" Curb
$ 15.00
$ -
L.F.
A.C. Dike (6") (incl. material & labor)
$ 8.00
$ -
L.F.
A.C. Dike (8") (incl. Material & labor)
$ 10.00
$ -
S.F.
P.C.C. Cross Gutter and Spandrels
$ 10.00
$ -
S.F.
P.C.C. Sidewalk
$ 6.00
$ -
SF
P.C.C. Drive Approach (16' wide)
$ 8.00
$ -
EA.
Handicapped Access Ramp
$ 2,000.00
$ -
S.F.
Cold Plane & Overlay Exist. A.C. Paving
$ 4.00
$ -
$ -
$ -
$ -
SUBTOTAL =
9/16/2020
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Tract No. 31462-22 (PA 26B-101 lots) Storm Drain Improvements DATE: 17 -Sep -20
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
EA.
Street Name Sign
$ 250.00
$ -
EA.
Delineators -per Caltrans Std. A73C,
Class 1, Type F
$ 40.00
$ -
EA.
Object Markers - Modified Type F
Delineators, Riverside County
$ 40.00
$
L.F.
Barricades
$ 28.00
$ -
L.F.
Utility Trench, one side (Edison, Telephone, Cable) (1/2 Total length of streets)
$ 10.00
$ -
L.F.
Chain Link Fence (6')
$ 12.00
$
L.F.
Remove Fence
$ 4.00
$ -
EA.
Remove Power Pole
$ 1,200.00
$ -
EA.
Street Lights (including conduit)
$ 5,000.00
$ -
EA.
Street Trees (15 gallon)
$ 150.00
$
L.S.
Landscape and Irrigation
$ -
$ -
EA.
Concrete Bulkhead
$ 200.00
$
C.Y.
Structural Reinforced Concrete
$ 400.00
$ -
EA.
Slope Anchors for Pipes
$ 300.00
$
L.F.
Cut Off Wall (Std. 2')
$ 5.50
$ -
EA.
A.C. Overside Drain
$ 500.00
$ -
EA.
Under Sidewalk Drain
$ 1,800.00
$ -
S.F.
Terrace Drains and Down Drains
$ 6.50
$
S.F.
Interceptor Drains
$ 6.50
$ -
EA.
Gutter Depression for Curb Opening Catch Basin
$ 1,500.00
$ -
EA.
Access Driveway for Storm Drain at Cul-de-Sac
$ 640.00
$ -
EA.
"STOP" Pavement Marking
$ 200.00
$ -
EA.
Limit Line
$ 75.00
$ -
EA.
R1 "STOP SIGN"
$ 250.00
$ -
EA.
W53 "NOT A THROUGH STREET" Sign
$ 250.00
$ -
$
$ -
$
$ -
SUBTOTAL =
9/16/2020
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Tract No. 31462-22 (PA 26B-101 lots) Storm Drain Improvements DATE: 17 -Sep -20
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
C.Y.
Rip Rap (1/4 Ton) Method B
$ 35.00
$ -
C.Y.
Rip Rap (1/2 Ton) Method B
$ 40.00
$ -
C.Y.
Rip Rap (1 Ton) Method B
$ 45.00
$ -
C.Y.
Rip Rap (2 Ton) Method B
$ 50.00
$ -
C.Y.
Grouted Rip Rap (1/4 Ton) Method B
$ 45.00
$ -
C.Y.
Grouted Rip Rap (1/2 Ton) Method B
$ 55.00
$ -
C.Y.
Grouted Rip Rap (1Ton) Method B
$ 60.00
$ -
C.Y.
Grouted Rip Rap (2 Ton) Method B
$ 65.00
$ -
188
L.F.
18" R.C.P.
$ 113.00
$ 21,244
905
L.F.
24" R.C.P.
$ 140.00
$ 126,700
L.F.
30" R.C.P.
$ 150.00
$ -
598
L.F.
36" R.C.P.
$ 155.00
$ 92,690
L.F.
42" R.C.P.
$ 160.00
$ -
L.F.
48 " RCP
$ 165.00
$ -
L.F.
54" RCP
$ 170.00
$ -
L.F.
60" RCP
$ 175.00
$ -
EA.
H.D.P.E. Clean Out
$ 400.00
$ -
EA.
Drain Basin
$ 400.00
$ -
EA.
Curb Outlet
$ 3,000.00
$ -
EA.
Fossil Filters
$ 500.00
$ -
EA.
18" C.M.P. Wye
$ 500.00
$ -
EA.
Riprap Headwall
$ 1,000.00
$ -
7 EA.
Concrete Collar
$ 250.00
$ 1,750
EA.
Outlet Structure
$ 10,000.00
$ -
EA.
Concrete Pipe Anchor & Stabilizer
$ 250.00
$ -
L.F.
12" HDPE. Pipe
$ 31.00
$ -
L.F.
36" HDPE. Pipe
$ 75.00
$ -
SUBTOTAL = $ 242,384.00
9/16/2020
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Tract No. 31462-22 (PA 26B-101 lots) Storm Drain Improvements DATE: 17 -Sep -20
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
60" C.S.P.
$ 115.00
$ -
EA.
Catch Basin W = 4'
$ 2,200.00
$ -
1 EA.
Catch Basin W = 7'
$ 4,000.00
$ 4,000
5 EA.
Catch Basin W = 10'
$ 5,000.00
$ 25,000
2 EA.
Catch Basin W = 14'
$ 7,500.00
$ 15,000
EA.
Catch Basin W = 21'
$ 12,000.00
$ -
EA.
Type IX Inlet
$ 2,500.00
$ -
EA.
Type X Inlet
$ 2,500.00
$ -
EA.
Junction Structure No. 1
$ 3,000.00
$ -
EA.
Junction Structure No. 2
$ 2,500.00
$ -
EA.
Junction Structure No. 6
$ 3,700.00
$ -
EA.
Transition Structure No. 1
$ 2,000.00
$ -
EA.
Transition Structure No. 3
$ 2,700.00
$ -
1 EA.
Manhole No. 1
$ 2,700.00
$ 2,700
EA.
Manhole No. 2
$ 3,300.00
$ -
EA.
Manhole No. 3
$ 2,700.00
$ -
5 EA.
Manhole No. 4
$ 5,000.00
$ 25,000
EA.
Adjust Water Valve (if no water plan)
$ 150.00
$ -
EA.
Adjust MH to grade (if no sewer plan)
$ 400.00
$ -
EA.
Headwall
$ 5,000.00
$ -
Remove & Dispose of Interferring 30" Storm Drain
L.S.
and 36" Riser
$ 500.00
$ -
EA.
Remove & Dispose of RCB Headwall & Wingwall
$ 10,000.00
$ -
1 EA.
Concrete Bulkhead
$ 500.00
$ 500
$ -
$ -
2 EA.
Remove Existing Concrete Bulkhead
$ 125.00
$ 250
8 EA.
Catch Basin Trash Rack
$ 265.00
$ 2,120
$ -
$ -
$ -
$ -
SUBTOTAL =
$ 74,570
9/16/2020
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Tract No. 31462-22 (PA 26B-101 lots) Storm Drain Improvements DATE: 17 -Sep -20
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
EA.
Water Quality Structure
$ 2,500.00
$ -
LS
Concrete Inlet Apron
$ 11,000.00
$ -
LS
Emergency Spillway
$ 27,000.00
$ -
LS
84" Storm Drain Grate
$ 8,500.00
$ -
SF
3' Wide V -Gutter (945 LF)
$ 4.00
$ -
$ -
$ -
$ -
$ -
$ -
Subtotal:
A. Subtotal
B. Contingency (15%)
$ 316,954
$ 47,543
C. Streets/Drainage Total (A + B) $ 364,497
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
9/16/2020
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Tract No. 31462-22 (PA 26B-101 lots) Storm Drain Improvements DATE: 17 -Sep -20
SEWER IMPROVEMENTS
Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable quantities as part of street improvements.
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
L.F.
4" PVC. (101 Lots @ 25' Avg. )
$ 15.00
$ -
L.F.
4" P.V.C. Force Main & Fittings
$ 26.00
$ -
L.F.
8" PVC
$ 30.00
$ -
L.F.
10" V.C.P.
$ 35.00
$ -
L.F.
12" V.C.P.
$ 40.00
$
L.F.
15" V.C.P.
$ 50.00
$ -
EA.
Standard or Terminus Manholes
$ 2,500.00
$ -
EA.
Drop Manholes
$ 4,000.00
$ -
EA.
Cleanouts
$ 500.00
$ -
EA.
Sewer Y's
$ 30.00
$ -
EA.
Chimneys
$ 300.00
$ -
EA.
Adjust M.H. to grade
$ 340.00
$ -
L.F.
Concrete Encasement
$ 20.00
$ -
EA.
4" P.V.C. Misc. Fittings
$ 120.00
$ -
L.F.
Sewer Pipe Sleeving
$ 36.00
$ -
EA.
Sewer Lift Station
$ -
EA.
Backflow prevention device
$ 250.00
$ -
EA.
8" P.V.C. Misc. Fittings & Plugs
$ 190.00
$ -
$
A.
Subtotal
B. Contingency (15% x A)
C. Sewer Total (A + B) $
9/16/2020
DOC #2024-0036296 Page 21 of 32
Premium: $876.00 Bond No. 21 BSBIV3418
EXHIBIT "A"
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and D.R. Horton Los Angeles Holding Company, Inc. (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated iq rt �° ,► ®'z, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No.31462-22 which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Hartford Fire Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Three Hundred Sixty Five Thousand Dollars and 00/100 dollars ($365,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
[signatures on following page]
DOC #2024-0036296 Page 22 of 32
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Aorii 1 , 2022
(Seal) (Seal)
Hartford Fire Insurance Company
SUETY
D.R.
Horton Los Angeles Holding Company, Inc.
PRINCIPAL
t j�I 1
By.
Name: Joshua Sanford Name: I (-71.4,1U0-
Title: Attorney -In -Fact
Address: One Hartford Plaza
Hartford, CT 06155-0001
Title: a� t�
°4-Ar
By:
Name:
Title:
Address: 2280 Wardlow Circle, Suite 100
Corona, CA 92878
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
DOC #2024-0036296 Page 23 of 32
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Civil Code § 1'189
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 truthfullness, accuracy or validity of that document. ♦•♦♦♦•♦♦♦♦•♦♦♦♦♦•♦♦•••♦♦•♦♦•♦♦♦•••♦•♦•♦•♦♦♦•♦♦♦♦•♦•♦•♦♦♦•♦•♦•••♦♦♦• State of Connecticut
County of Hartford
On April 1, 2022
}
Data
personally appeared Joshua Sanford
before me, Brendan Fletcher . Notary Public
Name of d TWO Of Notary
Name and or Names of Slgner(s)
Who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of CT that the foregoing paragraph is true
and correct.
Witness my hand and
Signature
Notary Public Signature
OPTIONAL
BRENDAN FLETCHER
NOTARY PUBLIC - CT 180835
My Commission Expires Feb. 28, 2025
Place Notary Public Sew Above
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date
Signer's Name:
Number of Pages:
❑ Individual
in Corporate Officer — Title(s):
❑ Partner - El Limited ❑General
❑ Guardian or Conservator
D Attorney -in -Fact
❑ Trustee
❑ Other:
Signer is representing
Hartford Fire Insurance Company
PiCHTT I ill1.+ttF R I NT
OF Sri
Tap of IAt=Bb
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner - ❑ Limited in General
❑ Guardian or Conservator
❑ Attomey-in-Fact
❑ Trustee
❑ Other:
Signer is representing
flfiHTT+3c!4ri3PPI41
SIGN',
Top 04 itxre
♦♦♦♦♦♦•♦♦•♦••♦••••♦♦♦♦•♦♦♦••♦♦♦♦IP••♦♦•♦♦♦•♦•♦♦♦•♦••♦•♦♦♦♦♦••••♦•♦•♦
DOC #2024-0036296 Page 24 of 32
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
4/6/2022 before me, Alyssa M. Bottinelli, Notary Public (insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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.
(Seal)
ALYSSA M. 80TTINELLI
Notary Public - California
Riverside County
Commission # 2278107
My Comm. Expires Feb 19, 2023
DOC #2024-0036296 Page 25 of 32
Bond No. 21 BSBIV3418
EXHIBIT "B"
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and D.R. Horton Los Angeles Holding Company, Inc. (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated r fl t `4 , ' , 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 ($365,000.00 ) dollars , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations onthis bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
[signatures on following page]
DOC #2024-0036296 Page 26 of 32
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on April 1 , 2022
(Seal)
Hartford Fire Insurance Company
SUR'.
Name: Joshua Sanford
Title: Attorney -In -Fact
Address: One Hartford Plaza
Hartford, CT 06155-0001
(Seat)
D.R. Horton Los Angeles Holding Company, Inc.
PRINCIPAL.
By:
Name:
Title:
By:
DPI
Name:
Title:
Address: 2280 Wardlow Circle, Suite 100
Corona, CA 92878
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC
DOC #2024-0036296 Page 27 of 32
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Civil Code § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfullness, accuracy or validity of that document. ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••♦ State of _
County of
On
Connecticut
Hartford
April 1. 2022
Data
personally appeared Joshua Sanford
before me, Brendan Fletcher , Notary Pub
Name and T,Ue of Notary
Name and or Names of SIgner(s)
Who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of CT that the foregoing paragraph is true
and correct.
Witness my hand and official
Signature
y Public Signal
OPTIONAL
is
BRENDAN FLETCHER
NOTARY PUBLIC - CT 180835
My Commission Expires Feb. 28, 2025
Place Notary Public Seal Above
Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date
Signer's Name:
Number of Pages:
❑ Individual
O Corporate Officer — Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Guardian or Conservator
D Attorney -in -Fact
❑ Trustee
❑ Other:
Signer is representing
Hartford Fire Insurance Company
fti( tTTIf' M FA NT
4r SNINE
Top of thumb
❑ Individual
❑ Corporate Officer — Title(s):_
❑ Partner - ❑ Limited ❑ General
❑ Guardian or Conservator
❑ Attomey-in-Fact
❑ Trustee
❑ Other.
Signer is representing
FIK't Itt,;ttAt3PF,,NT
r SICir.Eii.
Top of mInb
♦♦••♦•••♦••••♦••♦•••••••••••••••••••••••••••••••••••••••••••••••II* ♦
• DOC #2024-0036296 Page 28 of 32
POWER OF ATTORNEY
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-11
One Hartford Plaza
Hartford, Connecticut 06155
Bond.C lalmsiffthehartford.com
calf.' 888-266-3488 or fax: 860-757.5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: SurePath f 1 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut r7 Hartford Casualty insurance Company, a corporation duly organized under the taws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut r-{ T• win City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois ET H• artford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies`) do hereby make, constitute and appoint Joshua Sanford of Tampa, FL
their true and lawful Attorney -in -Fact, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge the following bond, undertaking, contract or written instrument:
Bond No. 21BSBIV3418 on behalf of D.R. Horton Los Angeles Holding Company, Inc. naming City of Beaumont as Obligee in the amount of See Bond Form on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
Shelby Wiggins, Assistant Secretary
STATE OF FLORIDA }
COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally carne Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. ▪ }Q�rs " �a
▪ •
ss. Lake Mary
a&m,gui,
Joelle L. LaPierre, Assistant Vice President
Jessica Ciccone
My Commission HH 122284)
Expires June 20, 2025
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of April 1, 2022 Signed and sealed in Lake Mary, Florida.
SurePath P0A 2021
zw,e
Keith D. Dozois, Assistant Vice President
DOC #2024-0036296 Page 29 of 32
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On 4/6/2022 before me, Alyssa M. Bottinelli, Notary Public (insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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.
(Seal)
ALYSSA M, CCIITINELLI
Notary PiBfie = Ca Ifornla
RIvrrlide Ctlunt
Commisston # 271 7 —
My Comm, Explrss Fora 19, 2023
STORM DRAIN NOTES: LEGAL DESCRIPTION
1. THE CONTRACTOR SHALL CONSTRUCT THE DRAINAGE IMPROVEMENT SHOWN ON THE DRAWINGS IN CONFORMANCE WITH THE
CALIMESA
*
CI Y 0 B AUMON
CALI ORNIA BEING A DI VISION OF PARCEL 14-16 OF PARCEL
REQUIREMENTS OF THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DESIGN MANUAL
AS -BUILT
' OF
MAP NO. 36732, RECORDED IN BOOK
BITE LOCATION
Cherry Volley Blvd
STANDARD DRAWINGS, RECENT EDITION, AND IN CONFORMANCE WITH THE REQUIREMENTS OF THE BEAUMONT DRAINAGE ---,
MANAGEMENT PLAN.
BY SP2 & Co.
PARCEL
INCLUSIVE,ARECORDS OF RIVERSIDE COUNTY,
Braakslde Ave
STATE OF CALIFORNIA, IN THE CITY OF °
°
2. THE CONTRACTOR IS REQUIRED TO CONTACT ALL UTILITY AGENCIES REGARDING TEMPORARY SUPPORT AND SHORING Palmer
ORM DRAIN IMPROV M N PLAN
REQUIREMENTS FOR THE VARIOUS UTILITIES SHOWN IN THE PLANS. // S
C__ 03/05/2026
BEAUMONT, COUNTY OF RIVERSIDE, STATE OF o venue
CALIFORNIA.
Desert
r
3. CONSTRUCTION INSPECTION WILL BE PERFORMED BY CITY OF BEAUMONT. CONTACT (951) 769-8520. THE CITY MUST BE JIMfEi1Y C. -HEN DATE
�*,, as
s
�s��°�S�Rr 4y
�'F
NOTIFIED ONE WEEK PRIOR TO CONSTRUCTION.
RCE 51394, EXP 06/30/2026
APN NUMBER OAK VALLEY „"° ,
°
413-790-042 3m Oak Volley Parkway
4. ALL STATIONING REFERS TO THE CENTERLINE OF CONSTRUCTION UNLESS OTHERWISE NOTED. AS -BUILT NOTE: THESE �' 22 DRAWINGS REFLECT RAC - Oak Valley Parkway
CONDITIONS OBSERVED IN THE
5. STATIONING FOR LATERALS AND CONNECTOR PIPE REFER TO THE CENTERLINE -CENTERLINE -INTERSECTION STATION. FIELD ANDDED BY THE INFORMATION PRIVATE ENGINEERS NOTICE TO CONTRACTOR(S) a'
.'
a
"
CONTRACTOR. ORIGINAL DESIGN
M0REN0 VALLEY 60 FRWY m
6. FORTY-EIGHT HOURS BEFORE EXCAVATION, CALL UNDERGROUND SERVICE ALERT 1-800-227-2600. INTENT REMAINS UNCHANGED. 1. THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITIES OR
BEAUMONT
,
STRUCTURES SHOWN ON THESE PLANS ARE OBTAINED BY A SEARCH
7. ALL CROSS SECTIONS ARE TAKEN LOOKING UPSTREAM. OF AVAILABLE RECORDS. TO THE BEST OF OUR KNOWLEDGE, THERE DAND" D -I"
IN "
ARE NO EXISTING UTILITIES EXCEPT THOSE SHOWN ON THESE PLANS.
8. ELEVATIONS AND LOCATIONS OF UTILITIES SHOWN ARE APPROXIMATE UNLESS OTHERWISE NOTED. ALL UTILITIES SHOWN * RCP NOTES: THE CONTRACTOR IS REQUIRED TO TAKE ALL PRECAUTIONARY VICINITY ARE TO BE PROTECTED IN PLACE UNLESS OTHERWISE NOTED. GENERAL NOTES: MEASURES TO PROTECT THE UTILITIES SHOWN, AND ANY OTHER MAP
1. THIS PLAN SUPERSEDES ALL OTHER PLANS PREVIOUSLY APPROVED BY THE CITY OF BEAUMONT REGARDING IMPROVEMENTS SHOWN ON THIS THE CONCRETE COATING ON THE INSIDE OF ALL REINFORCED CONRETE PIPES LINES OR STRUCTURES NOT SHOWN ON THESE PLANS AND IS N.T.S.
9. OPENINGS RESULTING FROM THE CUTTING OR PARTIAL REMOVAL OF EXISTING CULVERTS, PIPES OR SIMILAR STRUCTURES SET OF PLANS. MUST BE INCREASED TO PROVIDE A MINIMUM OF 1-1/2" OVER THE REINFORCING RESPONSIBLE FOR THE PROTECTION OF, AND ANY DAMAGE TO THESE CI TO BE ABANDONED SHALL BE SEALED WITH 6 INCHES OF CLASS "B" CONCRETE. WHEN THE DESIGN VELOCITIES EXCEED 20 FEET PER SECOND. THE CONCRETE LINES OR STRUCTURES
2. APPROVAL OF THIS PLAN DOES NOT LESSEN OR WAIVE ANY PORTION OF THE BEAUMONT MUNICIPAL CODE, RESOLUTION OF CONDITIONAL DESIGN STRENGTH IN THESE REACHES SHALL BE f'c = 5,000 PSI FOR VELOCITIES 2. IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO NOTIFY THE
10. PIPE CONNECTED TO THE MAINLINE PIPE SHALL CONFORM TO JUNCTION STRUCTURE NO. 4 (JS 229) UNLESS OTHERWISE APPROVAL, CITY STANDARDS OR OTHER ADDITIONAL DOCUMENTS LISTED HEREIN AS THEY MAY PERTAIN TO THIS PROJECT. THE ENGINEER IN EXCEEDING 20 FEET PER SECOND AND f'c = 6,000 PSI FOR VELOCITIES OWNER OF ALL UTILITIES OR STRUCTURES CONCERNED BEFORE PREPARED BY: APPLICANT/SUBDIVIDER:
NOTED. RESPONSIBLE CHARGE SHALL REVISE THESE PLANS WHEN NON-CONFORMANCE IS DISCOVERED. EXCEEDING 30 FPS. STARTING WORK. PROACTIVE ENGINEERING ARGENT MANAGEMENT
3. QUANTITIES SHOWN HEREON ARE PROVIDED FOR BIDDING PURPOSES CONSULTANTS WEST, INC. 2392 MORSE AVE.
11. PIPE BEDDING SHALL CONFORM TO R. C. F. C. & W.C.D. STD. DWG. M 815 3. CITY APPROVAL OF PLANS DOES NOT RELIEVE THE DEVELOPER OR ENGINEER -OF -WORK FROM RESPONSIBILITY FOR THE CORRECTION OF THE JOINTS FOR REINFORCED CONCRETE PIPES UNDER PRESSURE FLOW ONLY. CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING ALL 25109 JEFFERSON AVENUE, IRVINE, CA. 92614 ERRORS AND OMISSIONS DISCOVERED DURING CONSTRUCTION. ALL PLAN REVISIONS SHALL BE PROMPTLY SUBMITTED TO THE CITY CONDITIONS SHALL BE WATERTIGHT IN CONFORMANCE WITH ASTM C443. A R. C.F. C. QUANTITIES PRIOR TO BIDDING FOR CONSTRUCTION. SUITE 200 (949) 241-8403 OFFICE
12. "V" IS THE DEPTH OF INLET AT THE CATCH BASINS MEASURED FROM THE TOP OF THE CURB TO THE INVERT OF ENGINEER FOR APPROVAL. 4. THE PRIVATE ENGINEER SIGNING THESE PLANS IS RESPONSIBLE FOR MURRIETA, CA. 92562 CONNECTOR PIPE. & W.C.D. CONCRETE COLLAR PER STANDARD DRAWING M803 SHALL BE USED TO ASSURING THE ACCURACY AND ACCEPTABILITY OF THE DESIGN (951) 722-0525 MOBILE TRANSITION BETWEEN GASKET PIPE AND TONGUE & GROVE PIPE. (951) 200-6840 CONTACT: CHERRYL THOMPSON
4. A RIGHT-OF-WAY PERMIT FROM THE BUILDING & SAFETY DEPARTMENT WILL BE REQUIRED FOR ANY WORK IN THE PUBLIC RIGHT OF WAY. HEREON. IN THE EVENT OF DISCREPANCIES ARISING AFTER CITY
13. ALL CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS, AND OTHER EXISTING IMPROVEMENTS TO BE RECONSTRUCTED IN KIND PER PRIOR TO PERMIT ISSUANCE, A CERTIFICATE OF INSURANCE MUST BE FILED NAMING THE CITY OF BEAUMONT AS AN ADDITIONAL INSURED ON APPROVAL OR DURING CONSTRUCTION, THE PRIVATE ENGINEER SHALL LATEST COUNTY STANDARD AND AT THE SAME ELEVATION AND LOCATION AS THE EXISTING IMPROVEMENTS UNLESS THE PERMITTEE'S POLICY IN THE MINIMUM AMOUNT OF $1,000,000.00 FOR EACH OCCURRENCE OF LIABILITY. THE INSURANCE COMPANY WORK TO BE DONE BE RESPONSIBLE FOR DETERMINING AN ACCEPTABLE SOLUTION AND OTHERWISE NOTED. FOR PAVEMENT OVERLAY, 0.10' MIN. FOR FULL LANE WIDTH IS REQUIRED. WRITING THE POLICY MUST HAVE A RATING OF "A-" OR BETTER AND A SIZE CATEGORY OF CLASS VII OR BETTER AS ESTABLISHED BY THE IMPROVEMENTS CONSIST OF THE FOLLOWING WORK TO BE DONE ACCORDING REVISING THE PLANS FOR APPROVAL BY THE CITY. ABBREVIATIONS AND LEGEND "BESTS" KEY RATING GUIDE. TO THESE PLANS AND THE STANDARD SPECIFICATIONS AND STANDARD DRAWINGS RCP REINFORCED CONCRETE PIPE
14. HYDRAULIC GRADE LINES SHOWN IN PROFILES ARE FOR 100 YEAR FREQUENCY FLOWS, UNLESS OTHERWISE NOTED. DECLARATION OF ENGINEER OF RECORD: CMP CORRUGATED METAL PIPE
STANDARD SPECIFICATIONS
5. NO WORK SHALL BE COMMENCED UNTIL ALL PERMITS HAVE BEEN OBTAINED FROM THE CITY AND OTHER APPROPRIATE AGENCIES.
15. THE CONTRACTOR SHALL COMPLY WITH THE STATE AND LOCAL SAFETY CODES DURING THE PROGRESS OF WORK. 1. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "GREEN BOOK" I HEREBY DECLARE THAT IN MY PROFESSIONAL OPINION, THE DESIGN OF THE HGL HYDRAULIC GRADE LINE MOST CURRENT CITY ADOPTED VERSION). IMPROVEMENTS AS SHOWN ON THESE PLANS COMPLIES WITH THE CURRENT TOP TOP OF PIPE
16. THE CONTRACTOR SHALL MAINTAIN ADJACENT STREETS IN A NEAT, SAFE, CLEAN AND SANITARY CONDITION AT ALL TIMES 6. REVISION OF THESE PLANS MAY BE REQUIRED IF THE PROPOSED IMPROVEMENTS ARE NOT CONSTRUCTED PRIOR TO THE DEADLINE DATE OF ( PROFESSIONAL ENGINEERING STANDARDS AND PRACTICES. AS THE ENGINEER IN THE IMPROVEMENT AGREEMENT. 2. MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, "MUTCD" (MOST CURRENT RESPONSIBLE CHARGE OF THE DESIGN OF THESE IMPROVEMENTS, I ACCEPT FULL BOT BOTTOM OF PIPE AND TO THE SATISFACTION OF THE COUNTY'S OR DISTRICT'S INSPECTOR. THE ADJACENT STREETS SHALL BE KEPT CLEAN CITY ADOPTED VERSION). RESPONSIBILITY FOR SUCH DESIGN. I UNDERSTAND AND ACKNOWLEDGE THAT THE SD STORM DRAIN OF DEBRIS, WITH DUST AND OTHER NUISANCE BEING CONTROLLED AT ALL TIMES. THE DEVELOPER SHALL BE 7. NO REVISIONS WILL BE MADE TO THESE PLANS WITHOUT THE WRITTEN APPROVAL OF THE CITY ENGINEER, NOTED WITHIN THE REVISION 3. WORK AREA TRAFFIC CONTROL HANDBOOK, "WATCH" (MOST CURRENT CITY PLAN CHECK OF THESE PLANS BY THE CITY OF BEAUMONT IS A REVIEW FOR THE INV INVERT RESPONSIBLE FOR ANY CLEAN UP ON ADJACENT STREETS AFFECTED BY HIS CONSTRUCTION. METHOD OF STREET BLOCK, ON THE APPROPRIATE SHEET OF THE PLANS AND TITLE SHEET ADOPTED VERSION). LIMITED PURPOSE OF ENSURING THAT THESE PLANS COMPLY WITH THE CITY CLEANING SHALL BE DRY SWEEPING OF ALL PAVED AREAS. PROP PROPOSED
4. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STANDARD PROCEDURES AND OTHER APPLICABLE CODES AND ORDINANCES. THE PLAN EXIST EXISTING
8. ORIGINAL DRAWINGS SHALL BECOME THE PROPERTY OF THE CITY UPON BEING SIGNED BY THE CITY ENGINEER. SPECIFICATIONS LATEST EDITION. REVIEW PROCESS IS NOT A DETERMINATION OF THE TECHNICAL ADEQUACY OF THE
17. THE CONTRACTOR AGREES THAT HE/SHE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR THE JOB SITE DESIGN OF THE IMPROVEMENTS. SUCH PLAN CHECK DOES NOT THEREFORE RELIEVE C/L CENTERLINE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT INCLUDING SAFETY OF ALL PERSONS AND 9. THE ORIGINAL DRAWING SHALL BE REVISED TO REFLECT AS -BUILT CONDITIONS BY THE ENGINEER -OF -WORK PRIOR TO FINAL ACCEPTANCE STANDARD DRAWINGS ME OF MY DESIGN RESPONSIBILITY. TC TOP OF CURB PROPERTY, THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS AND OF THE WORK BY THE CITY. " �� THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE OWNER, CITY OF BEAUMONT, AND THE DEVELOPER'S 1. RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT, RCTD , ORDINANCE NO. FL FLOWLINE 461 OF
ENGINEER, HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF 10. ACCESS FOR FIRE AND OTHER EMERGENCY VEHICLES SHALL BE MAINTAINED TO THE PROJECT SITE AT ALL TIMES DURING CONSTRUCTION. PLANS S. STATE EDITION.OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STANDARD BEAUMONT, AS THE ENGINEER IC RS, ITS 1 E AGENTS, TO DEFEND ANY IS FROM OIFY THE ANDCITALL FS FINISHED SURFACE
WORK ON THIS PROJECT EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNERS OR THE LATEST ITS OFFICERS, ITS AND ITS EMPLOYEES ANY ALL
LIABILITY, CLAIMS, DAMAGES, OR INJURIES TO ANY PERSON OR PROPERTY ARISING CB CATCH BASIN DEVELOPER'S ENGINEER. 11. WHERE TRENCHES ARE WITHIN CITY EASEMENTS, A SOILS REPORT COMPRISED OF: FROM NEGLIGENT ACTS, ERRORS OR OMISSIONS OF THE ENGINEER OF RECORD, HIS PRC POINT OF REVERSE CURVE A. SUMMARY SHEET EMPLOYEES, HIS AGENTS OR HIS CONSULTANTS.
BC BEGIN CURVE
18. ALL PIPE LENGTHS ARE HORIZONTAL PROJECTIONS (NOT TRUE LENGTHS OF PIPE) AND ARE THE BASIS OF THE ESTIMATES B. LABORATORY WORK SHEETS OF QUANTITIES. THE CONTRACTOR SHALL DETERMINE THE TRUE QUANTITY OF PIPE REQUIRED FOR THIS PROJECT PRIOR C. COMPACTION CURVES, SHALL BE SUBMITTED BY A PROFESSIONAL ENGINEER OF THE STATE OF CALIFORNIA, PRINCIPALLY DOING TO PLACING THE ORDER. BUSINESS IN THE FIELD OF APPLIED SOILS MECHANICS. THE SOILS REPORT WILL BE SUBMITTED TO THE CITY ENGINEERING INSPECTOR LINE "D" PER TRACT 31462
INFRASTRUCTURE PM
DRAIN IMPROVEMENT STORM
PLANS
EC END CURVE
GB GRADE BREAK
WITHIN TWO WORKING DAYS OF COMPLETION OF FIELD TESTS. THE WRITTEN FIELD COMPACTION REPORT(S) SHALL BE IMMEDIATELY \ Q FLOW RATE �> >,
C R 6 W=7'
19. ALL ELEVATIONS SHOWN ARE TO THE INVERTS OF PIPE, EXCEPT WHERE OTHERWISE NOTED. SUBMITTED TO THE CITY ENGINEERING INSPECTOR UPON COMPLETION OF THE FIELD TESTS.
20. AT THE DISCRETION OF THE ENGINEER AND THE CITY OF BEAUMONT, THE CONTRACTOR MAY BE REQUIRED TO VERIFY, BY 12. A PRECONSTRUCTION MEETING SHALL BE HELD AT THE SITE PRIOR TO THE BEGINNING OF WORK AND SHALL BE ATTENDED BY ALL LINE D-1 PER TRACT 31462
INFRASTRUCTURE STORM DRAIN
\ 0 010=2.3 CFS GEORGE ALAN LENFESTEY R.C.E. 45920 DATE WTR WATER EXPIRATION DATE 12-31-2020 / SS SANITARY SEWER
Q100=3.7 CFS
IMPROVEMENT PLANS
LINE "D"
QIN=4.1 CFS ��-
POTHOLING, THE LOCATION OF POTENTIALLY AFFECTED UTILITIES. REPRESENTATIVES RESPONSIBLE FOR CONSTRUCTION, INSPECTION, SUPERVISION, TESTING AND ALL OTHER ASPECTS OF THE WORK. THE �'F 112 FM FORCE MAIN
LIMITS OF INFRASTRUCTURE
o o
QOUT 1.7 CFS 11.11
CONTRACTOR SHALL SCHEDULE THE MEETING BY CALLING THE INSPECTION LINE AT (951) 572-3224 AT LEAST FIVE (5) WORKING DAYS ®
T_; PROPOSED STORM DRAIN
21. CONTRACTOR SHALL DISPOSE OF ALL EXCESS EXCAVATED MATERIAL AT MANDATORY DISPOSAL SITE. PRIOR TO STARTING CONSTRUCTION. APPROVED DRAWINGS MUST BE AVAILABLE PRIOR TO SCHEDULING.
STORM DRAIN IMPROVEMENTS m
LAT "0-4"
LINE "D" PER TRACT
115 �, PROPOSED CATCH BASIN
LAT "D-18 '
(s)
�
31462-21 STORM DRAIN
IMPROVEMENT PLANS
11. 11 II��
53 EXISTING STORM DRAIN
22. ALL BACKFILL AND BEDDING AROUND STRUCTURES AND PIPES SHALL BE COMPACTED TO NOT LESS THAN 90 PERCENT 13. ALL INSPECTION REQUESTS OTHER THAN FOR THE PRECONSTRUCTION MEETING WILL BE MADE BY CALLING THE BUILDING AND SAFETY ; 4 M.".#
1 11:
, = y
RELATIVE COMPACTION EXCEPT WHERE SUCH MATERIAL IS PLACED UNDER EXISTING PAVED ROADWAYS. THE TOP 3 FEET, 52 RIGHT OF WAY
INSPECTION REQUEST LINE AT (951) 572-3224. INSPECTION REQUESTS MUST BE RECEIVED PRIOR TO 2:00 P.M. ON THE DAY BEFORE THE Q10=3.1 CFS � s' = '' 119
MEASURED FROM THE FINISH PAVING SHALL BE COMPACTED TO 95 PERCENT RELATIVE COMPACTION. 1 INSPECTION IS NEEDED. INSPECTIONS WILL BE MADE THE NEXT WORK DAY UNLESS YOU REQUEST OTHERWISE. REQUESTS MADE AFTER 2: 00 Q100=4.9 CFS 2 \ 1 _ _
P.M. WILL BE SCHEDULED FOR TWO FULL WORK DAYS LATER.
-
Q10-1.9 CFS TRACT 31462-21 54 51 TRACT BOUNDARY
Q100=3.1 CFS
QIN=7.4 CFS 3 „�
01 142 50 STREET CENTERLINE
23. ALL SURVEY MONUMENTS SHALL BE REPLACED AS REQUIRED. MONUMENTS SHALL BE TIED OUT PRIOR TO CONSTRUCTION LAT "D -1A"
-. =5
�E
QIN=9.1 CFS 55
SHEET MATCHLINE
AND REPLACED UPON COMPLETION OF CONSTRUCTION.
4 �'
CFS 49
14. THE OWNER AND/OR APPLICANT THROUGH THE DEVELOPER AND/OR CONTRACTOR SHALL DESIGN, CONSTRUCT AND MAINTAIN ALL SAFETY C-_
��R 91
100
QOUT=1.1 X43 56 MATCHLINE
DEVICES, INCLUDING SHORING, AND SHALL BE SOLELY RESPONSIBLE FOR CONFORMING TO ALL LOCAL, STATE AND FEDERAL SAFETY AND ' = 5 �► #30, W=14'
M."./1 90
-
Q10=4.6 CFS 6
__ 44 A 48
24. 24. IT SHALL BE THE RESPONSIBILITY OF THE DEVELOPER/OWNER OR CONTRACTOR TO APPLY TO THE DIRECTOR OF HEALTH STANDARDS, LAWS AND REGULATIONS. 92 99 gin: 010=4.7 CFS 57 EXISTING SEWER
PUBLIC WORKS, 89
CITY OF BEAUMONT FOR AN ENCROACHMENT PERMIT FOR ALL WORK PERFORMED WITHIN PUBLIC 0100=7.3 CFS Q10=5.3 CFS 145
.� gg 93
7 98
QI
Q100=7.4 CFS 47
163 Q100=8.3 CFS 58 DAYLIGHT
RIGHT-OF-WAY, DEDICATED AND ACCEPTED FOR PUBLIC USE; AND TO BE RESPONSIBLE FOR SATISFACTORY COMPLIANCE 15. THE CONTRACTOR SHALL CONFORM TO LABOR CODE SECTION 6705 BY SUBMITTING A DETAIL PLAN TO THE CITY ENGINEER AND/OR QIN=7.2 CFS g" ' �' QIN=10.8 CFS W w
FOR ALL CURRENT ENVIRONMENTAL REGULATIONS DURING THE LIFE OF CONSTRUCTION ACTIVITIES FOR THIS PROJECT. / QOUT=2.3 CFS 97 86 �� QIN=6.2 CFS 146 59 46 PROPOSED WATER
CONCERNED AGENCY SHOWING THE DESIGN OF SHORING, BRACING SLOPE OR OTHER PROVISIONS TO BE MADE OF WORKER PROTECTION 8 86 CFS s
LAT "O -1C"
QOUT=2.1 s PROPOSED SEWER
ADDITIONAL STUDIES AND/OR PERMITS MAY BE REQUIRED. FROM THE HAZARD OF CAVING GROUND DURING THE EXCAVATION OF SUCH TRENCH OR TRENCHES OR DURING THE PIPE INSTALLATION 98 TRACT 31462 21 45
-85
THEREIN. THIS PLAN MUST BE PREPARED FOR ALL TRENCHES FIVE FEET (5') OR MORE IN DEPTH AND APPROVED BY THE CITY ENGINEER 94° 83 25. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CLEARING OF THE PROPOSED WORK AREA, AND RELOCATION COSTS AND/OR CONCERNED AGENCY PRIOR TO EXCAVATION. IF THE PLAN VARIES FROM THE SHORING SYSTEM STANDARDS ESTABLISHED BY THE 10 84 82 95 /IOUrO�
,Ozs
5i
W�55
r 4
15 15C�14
60 PROPOSED FORCE MAIN
69 44 LIMITS OF IMPROVEMENTS
OF ALL EXISTING UTILITIES. PERMITTEE MUST INFORM CITY OF CONSTRUCTION SCHEDULE AT LEAST 48 HOURS PRIOR TO CONSTRUCTION SAFETY ORDERS, TITLE 8 CALIFORNIA ADMINISTRA TI VE CODE, THE PLAN SHALL BE PREPARED BY A REGISTERED ENGINEER AT 1 81 8095
62 43 NOTE:
BEGINNING CONSTRUCTION.
13 69
THE CONTRACTORS EXPENSE. A COPY OF THE OSHA EXCAVATION PERMIT MUST BE SUBMITTED TO THE INSPECTOR PRIOR TO EXCAVATION.
LAT "D -1O"
, 14 78 77 76 75 74
73 72 71
70 63
64 15
26. ALL UNDERGROUND FACILITIES WITH LATERALS SHALL BE IN PLACE PRIOR TO PAVING THE STREET, INCLUDING BUT NOT ' - � M" ! 68 67
66 65
/ 42 1. APPROVAL OF THESE PLANS APPLY ONLY WITHIN THE
16. IF ANY ARCHAEOLOGICAL RESOURCES ARE DISCOVERED WITHIN ANY WORK ZONE DURING CONSTRUCTION, OPERATIONS WILL CEASE 16 • it
41 JURISDICTION OF THE CITY OF BEAUMONT
LIMITED TO, THE FOLLOWING: SEWER, WATER, ELECTRIC, STORM DRAINS. Q10=4.7 CFS 17 �_�
IMMEDIATELY, AND THE PERMITTEE WILL NOTIFY THE CITY ENGINEER. OPERATIONS WILL NOT RESTART UNTIL THE PERMITTEE HAS RECEIVED _�����������, �' 40
Q100=7.4 CFS 18 MA/
2. TRENCHING FOR UTILITIES AND STRUCTURES IS NOT
QIN=7.4 CFS 20 21 221-C3-1
27. IT SHALL BE THE RESPONSIBILITY OF THE DEVELOPER OR CONTRACTOR TO INSTALL AND MAINTAIN DURING CONSTRUCTION, WRITTEN AUTHORITY FROM THE CITY ENGINEER TO DO S0. 1 • 24 25 26 27 2 23 _
REGULATORY GUIDE AND WARNING SIGNS WITHIN THE PROJECT LIMITS AND ITS SURROUNDINGS TO PROVIDE SAFE PASSAGE 17. ALL OPERATIONS CONDUCTED ON THE SITE OR ADJACENT THERETO SHALL ADHERE TO THE NOISE ORDINANCE SET FORTH BY THE CITY QOUT=2.5 CFS 3
FOR THE TRAVELING PUBLIC AND WORKERS UNTIL THE FINAL COMPLETION AND ACCEPTANCE OF THE PROJECT BY THE 28 29
��
30 31
1 32
33 34
35 39 '
38 ALLOWED UNTIL SOIL COMPACTION REPORT IS SUBMITTED
36 37 AND APPROVED BY THE PUBLIC WORK DEPARTMENT.
MUNICIPAL CODE. ALL OPERATIONS SHALL BE LIMITED BY THE NOISE ORDINANCE TO THE LEVEL OF DECIBELS SPECIFIED FOR THE AREA AND "O-1" - CITY OF BEAUMONT. TIME PERIOD. CONSTRUCTION ACTIVITIES WILL BE LIMITED TO THE PERIOD BETWEEN 7:00 A.M. AND 6:00 P.M. EACH DAY MONDAY THROUGH LINE
'�-.___,
3. THE CITY RESERVES THE RIGHT TO REQUIRE REVISION OF
.
28. CONSTRUCTION PROJECTS THAT DISTURB MORE THAN ONE ACRE MUST OBTAIN A NATIONAL POLLUTANT DISCHARGE FRIDAY, UNLESS OTHERWISE PERMITTED. I LAT "D -1E"
THE APPROVED PLANS TO CONFORM WITH CURRENT
C.R. #34, W="0' STANDARDS TO POST BOND
AND A NEW IF
ELIMINATION SYSTEM (NUDES) PERMIT. OWNER/DEVELOPERS ARE REQUIRED TO FILE A NOTICE OF INTENT (N01) WITH THE 18. ALL OFF -SITE HAUL ROUTES SHALL BE SUBMITTED BY THE CONTRACTOR TO THE CITY ENGINEER FOR APPROVAL TWO FULL WORKING DAYS Q10=5.7 CFS CONSTRUCTION HAS NOT COMMENCED WITHIN TWO YEARS STATE WATER RESOURCES CONTROL BOARD (SWRCB) AND COMPLY WITH ALL REQUIREMENTS OF THE BEAUMONT DRAINAGE PRIOR TO BEGINNING OF WORK. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEBRIS OR DAMAGE OCCURRING ALONG THE HAUL INDEX MAP Q100=8.9 CFS AFTER PLANS WERE APPROVED.
MANAGEMENT PLAN. BEAUMONT IS CO-PERMITTEE WITH R. C.F. C. & W.C.D. CFS ROUTE OR ADJACENT STREETS AS A RESULT OF THE GRADING OPERATION. QIN=6.5 SCALE.' 1"=200' QOUT=2.4 CFS 4. THE DEVELOPER SHALL HAVE GEOTECHNICAL/SOILS
29. ALL STORM DRAINS, CATCH BASINS, AND STORM WATER RUNOFF STRUCTURES WILL BE PROVIDED WITH ADEQUATE 19. NO BLASTING SHALL BE COMMENCED WITHOUT A CITY ENGINEER APPROVED BLASTING PROGRAM AND BLASTING PERMIT. ENGINEERING FIRM OBSERVE TRENCHING, BACKFILLING, AND
CAPABILITIES TO FILTER AND RETAIN SEDIMENT AND DIRT, OIL, AND GREASE, TO PREVENT POLLUTION IN STORM WATER CONSTRUCTION NOTES & QUANTITY ESTIMATE SOIL COMPACTION OF ALL UTILITY TRENCHES WITHIN ALL RUNOFF IN COMPLIANCE WITH THE CITY OF BEAUMONT'S BEST MANAGEMENT PRACTICES AND THE BEAUMONT DRAINAGE 20. THE EXISTENCE AND LOCATION OF UTILITY STRUCTURES AND FACILITIES SHOWN ON THE CONSTRUCTION PLANS WERE OBTAINED BY A MASTER PLAN FOR STORM WATER AS WELL AS BEST MANAGEMENT PRACTICES IDENTIFIED IN THE CURRENT REPORT OF SEARCH OF THE AVAILABLE RECORDS. ATTENTION IS CALLED TO THE POSSIBLE EXISTENCE OF OTHER UTILITY FACILITIES OR STRUCTURES N0.
DESCRIPTION
QUANTITY
UNIT
EASEMENTS AND ROAD RIGHTS OF WAY. TWO SETS OF
COMPACTION REPORTS CERTIFYING THAT WORKS WERE DONE
WASTE DISCHARGE FOR RIVERSIDE COUNTY PERMITTEES. NOT SHOWN OR IN A LOCATION DIFFERENT FROM THAT SHOWN ON THE PLANS. THE CONTRACTOR IS REQUIRED TO TAKE DUE
PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES SHOWN ON THE PLANS AND ANY OTHER EXISTING FACILITIES OR STRUCTURES NOT 3 CONSTRUCT 18" RCP (SEE PROFILE FOR D -LOAD)
188
L.F.
IN CONFORMANCE TO STANDARDS AND GEOTECHNICAL
REPORT SHALL BE SUBMITTED AFTER EACH UTILITY TRENCH
30. DEVELOPER SHALL BE FULLY RESPONSIBLE IN ASSURING THAT PROPOSED IMPROVEMENTS CONFORM TO THE APPROVED SHOWN.
PLANS, SPECIFICATIONS AND CITY OF BEAUMONT STANDARDS. WHERE DEVIATIONS EXIST, DEVELOPER SHALL PROPOSE O2
CONSTRUCT 24" RCP (SEE PROFILE FOR D -LOAD)
905
L.F.
IS COMPLETED AND CERTIFIED. COMPACTION REPORT MUST
BE SUBMITTED TO THE DEPT OF PUBLIC WORKS AT LEAST
CORRECTIVE MEASURES FOR REVIEW AND APPROVAL BY THE CITY. 21. THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL EXISTING FACILITIES (ABOVEGROUND AND UNDERGROUND) WITHIN THE PROJECT SITE
SUFFICIENTLY AHEAD OF THE CONSTRUCTION TO PERMIT THE REVISIONS OF THE CONSTRUCTION PLANS IF IT IS FOUND THAT THE ACTUAL O3
CONSTRUCT 36" RCP (SEE PROFILE FOR D -LOAD)
598
L.F.
TWO WORKING DAYS BEFORE AGGREGATE BASE MATERIALS
ARE PLACED ONSITE.
LOCATIONS ARE IN CONFLICT WITH THE PROPOSED WORK.
®
CONSTRUCT CURB INLET CATCH BASIN PER COUNTY OF RIVERSIDE STD. NO. 300 (W & H PER PLAN) 8 EA.
MAINTENANCE NOTE.
22. THE CONTRACTOR SHALL NOTIFY AFFECTED UTILITY COMPANIES (SEE BELOW) AT LEAST TWO FULL WORKING DAYS PRIOR TO STARTING TION NEAR THEIR FACILITIES AND SHALL COORDINATE WORK WITH A COMPANY REPRESENTATIVE.
O5
CONSTRUCT MANHOLE NO. 1 PER R. C.F.C. & W.C.D. STD. DWG. NO. MH251 1 EA.
WDID #: 8,3,3C,364442
ALL STORM DRAIN FACILITIES PROPOSED ON THIS PLAN ARE
MAINTAINED BY THE CITY OF BEAUMONT UNLESS OTHERWISE NOTED UNDERGROUND SERVICE ALERT (800) 422-4133
SOUTHERN CALIFORNIA EDISON (800) 409-2365
®
CONSTRUCT MANHOLE NO. 4 PER R. C.F.C. & W.C.D. STD. DWG. NO. MH254 A EA.
INDEX OF SHEETS:
ON STORM DRAIN PROFILE.
AT&T (800) 892-0123
TIME WARNER CABLE (760) 340-2225
07 INSTALL CATCH BASIN TRASH RACK - DRAINPAC CURB INLET FILTER OR APPROVED EQUAL 8 EA.
SHEET 1 - - TITLE SHEET VICINITY MAP - - GENERAL NOTES LEGEND - CONSTRUCTION NOTES - QUANTITIES - INDEX MAP
DOWNSTREAM
FA CIL I TIES NOTE..
COX COMMUNICATIONS (888) 423-3913
®
REMOVE CONCRETE BULKHEAD
2 EA.
SHEET 2 - STORM DRAIN LINE "D-1"
PROJECT IS REQUIRED TO CONSTRUCT DOWNSTREAM FACILITIES IF LAT "D -1A", "0-1B", "D -1C" & "D -1D"
NOT CONSTRUCTED AT TIME OF CONNECTION.
�.
23. IN ACCORDANCE THE CITY STORM WATER STANDARDS ALL STORM DRAIN INLETS CONSTRUCTED BY THIS PLAN SHALL INCLUDE STENCILS BE Og
CONSTRUCT CONCRETE COLLAR PER R. C.F. C. & W.C.D. STD. DWG. M803 EA.
SHEET 3 - STORM DRAIN LINE "D-1" & "D"
ADDED TO PROHIBIT WASTE DISCHARGE DOWNSTREAM. STENCILS SHALL BE ADDED TO THE SATISFACTION OF THE CITY ENGINEER.
CONSTRUCT CONCRETE BULKHEAD PER R. C.F. C. & W. C.D. STD. DWG. M816 1 EA.
LAT "D -1E"
BENCHMARK:
DE -SCRIP USGS MONUMENT "REST"
D
BENCHMARK DISK SET IN TOP OF MU
CONCRETE MONUMENT STAMPED "REST
1972" ON DESERT LAWN DRIVE ACROSS
THE DRIVE FROM DESERT LA WN
CEMETERY 25.3 FT N.E. OF THE DRIVE
CENTERLINE 24.9 FT. S. W. OF THE S. W.
EDGE OF THE SOUTH EASTBOUND LANES
OF INTERS TA TE HIGHWAY 10
ELEV.2491.44, NGVD 29
A
REVISED S.D. PROFILE TO AVOID SEWER LATERAL CONFLICT -7 3/16/21
SEAL
DESIGN BY:
PECW
Reviewed By Date:
CITY OF BEAUMONT, CALIFORNIA
SHEET
1 OF 3 SHEETS
PROACTIVE ENGINEERING
CONSULTANTS WEST,INC. INC.
25109 JEFFERSON AVE. SUITE 200
25RR200AFFER 92562
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Staff Engineer
Recommended `�5 % S /
for Approval By. Date: 03/16/2021
STORM DRAIN IMPROVEMENT PLANS
TRACT NO. 31462-22
TITLE SHEET - VICINITY MAP - GENERAL NOTES
LEGEND - CONSTRUCTION NOTES -
QUANTITIES - INDEX MAP
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PROACTIVE
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Approved By J
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: 03/16/2021
Date.
SCALE:
AS NOTED
034021
FILE NO:
3331 A
City En in et Director of Public Works
DATE:
03/10/21
BY
MARK
DESCRIPTION
APPR.
DATE
CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT 550E. 6th St
ENGINEERING DIVISION Beaumont, CA 92223
TEL• (951) 769-8520 FAX: (951) 769-8526
JOB NUMBER:
06.002.000
GEORGE ALAN ENFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
ENGINEER
REVISIONS
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STRUCTURE
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TYPE
STA TION
LINE
NAME
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B
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B
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D 7
D2
* AS - 6 U I
LT
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LINE D-1
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1 10.85'
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3.8'
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45'00'00"
18"
4.7'
5.50'
36'
36'
* AS -BUILT NOTE: THESE
DRAWINGS REFLECT ) v----
CONDITIONS OBSERVED IN THE
FIELD AND INFORMATION G
C• . 03/05/2026
40'
0 40' 80' 120'
PROVIDED BY THE
JIMMY C. CHEN DATE
CONTRACTOR. ORIGINAL DESIGN
RCE 51394, EXP 06/30/2026
INTENT REMAINS UNCHANGED.
"=40'
SCALE: 1
BENCHMARK:
DESCRIPTION: USGS MONUMENT "REST"
BENCHMARK DISK SET IN TOP OF
„
CONCRETE MONUMENT STAMPED REST
1972" ON DESERT LAWN DRIVE ACROSS
THE DRIVE FROM DESERT LAWN
CEMETERY 25.3 FT. N. E. OF THE DRIVE
CENTERLINE 24.9 FT. S. W. OF THE S. W.
EDGE OF THE SOUTH EASTBOUND LANES
OF INTERSTATE HIGHWA Y 10
ELEV.2491.44, NGVD 29
R
REVISED S.D. PROFILE TO AVOID SEWER LATERAL CONFLICT
3/16/21
PROACTIVE ENGINEERING
CONSULTANTS WEST, INC.
25109 JEFFERSON AVE. SUITE 200
MURRIETA, CA 92562
951 -zoo -6840
SEAL
DESIGN BY:
PECW
Reviewed By: Date:
CITY OF BEAU M ON T CALIFORNIA
SHEET
3 OF 3 SHEETS
BE
�,-
-_r O
y
Staff Engineer
Recommended
for Approval By: _ Date: 03/16/2021
STORM DRAIN IMPROVEMENT PLANS
STORM DRAIN LINE D-1 „
LAT "D -1E"
DGAL5iT
a
.
.
Call 2 Working Days
Before You Dig!
811
DRAWN BY:
PECW
�`�
w
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�FESS/
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�� ��
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�, No. 45920
Exp. 12/31/20
� C1V1` Q
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Fri
*
CHECKED BY:
PECW
PROACTIVE
ENGINEERING WEST
_
Approved By. i
/AEfriinisr
�E ine8�
Date: 03/16/2021
SCALE:
AS NOTED
03/10/21
*
C �P
G�'QCIFORN N
CNOV.18,�g
FILE NO:
3331 A
Cit ri in
er` Director of Public Works
DATE:
03/10/21
BY
MARK
DESCRIPTION
APPR.
DATE
CITY OF BEAUMONT, PUBUC WORKS DEPARTMENT 550E. 6th St
ENGINEERING DIVISION Beaumont, CA 92223
TEL: (951) 769-8520 FAX: (951) 769-8526
JOB NUMBER:
06.002.000
GEORGE ALAN ENFESTEY DATE
R.C.E. 45920 EXP. 12-31-2020
ENGINEER
R E V I S I 0 N S
CITY
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BEAUMONT
-C A L I F O R N I A -
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
(951) 769-8520
www.beaumontca.gov
Case No. PW2026-0032
Receipt No. R01730478
Fee $ 3,915.00
Date Paid 3/25/2026
BOND EXONERATION APPLICATION
Bond Type: ®Performance Maintenance ❑Final Monument Inspection
1. Contact's Name Jesse Mudd
2. Contact's Address 980 Montecito Dr Suite 300
Other:
Phone 951-415-2974
Corona, CA 92879
City/State/Zip
5. Contact's [email protected]
3. Developer Name DR Horton Phone _
(If corporation or partnership application must include names of principal officers or partners)
4. Developer Address 980 Montecito Dr Suite 300
City/St/Zip
5. Description of Bonds (including Bond Number, Tract Map/Application number, Lot number, and description of improvements covered):
TR 3 162-23 Augusta at the Fairways Bond No. 9473L' 6 Sewer mprovemen- Corona, CA 92879
6. CERTIFICATION OF ACCURACY AND COMPLETENESS: I hereby certify that to the best of my knowledge the information in this application and all attached answers and exhibits are true, complete, and correct.
Jesse Mudd
3/16/2026
Print Name d Sign — Contact/Applicant Date
7. Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor's performance of work hereunder or its failure to comply with any of its obligations for which this Bond exoneration is requested, except for such loss or damage which was caused by the active negligence of the City.
Jesse Mudd �'�GGI i
Print Nam nd Sign —
Contact/Ap
plicant
pplicant
3/16/2026
Date
8. Developer/Contractor has completed all the following items prior to requesting release or has included them in the application.
• Remove and replace concrete and AC as needed where lifting. • Provide AC crack fill as needed. Crack fill/seal shall be hot asphaltic emulsion. • Provide Type II slurry coat for all road surfaces.
• Restore/Verify pavement striping/markings.
• Restore/Verify blue dots and signage as needed.
• Clean and camera sewer. Provide report and video copy of camera survey. • Provide all final geotechnical reports.
• Provide Engineers' certification for line and grade within Right -of -Way. • Provide Landscape Architects Certification as required.
Jesse Mudd
3/16/2026
Print Name d Sign — Contact/Applicant Date
BEAUMONT
Punch List
Project Name: Sewer Improvements
Tract No. 31462-23
PW2026-0032
Bond No: 9473416
Performance
Inspected By: Jason Craghead
Page: 1 of 1
Date: 3/31/26
Item
No.
Description
Completed by
Construction
(Sign/Date)
Accepted by
(Sign/Date)
1 Provide As -Built Plans
Jason Craghead
4/7/26
Jason Craghead
4/7/26
[COMPANY NAME]
Bond No. 9493790
MAINTENANCE BOND
WHEREAS, the City of Beaumont ("City"), a municipal corporation, and D.R. Horton Los Angeles Holding Company, Inc. (hereinafter "Principal"), have entered into an agreement by which Principal agrees to install and complete certain designated public improvements and to guarantee and warrant the work for the period of one year following its completion and acceptance, which said agreement, dated , and identified as Augusta at the Fairways II TR 31462-23is hereby referred to and made a part hereof; and:
WHEREAS, Principal is required under the terms of the agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of the agreement.
NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland ("Surety") admitted and duly authorized to transact business under the laws of the State of California as suretyy, are held and firmly bound unto the City of Beaumont as obligee, in thepenal sum of Twelve Thousand Two Hundred Seventy dollars g Three and 95/1011
($ 12,273.95 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the agreement and any alteration thereof made as therein provided, on his or its 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 of Beaumont, 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 a condition precedent to the satisfactory completion of the agreement, the obligation of the Principal and surety under this bond shall remain in effect for a period of one (1) year after the completion and acceptance of the work. During that time, if the Principal or his or its heirs, executors, administrators, successors or assigns, fails to make full, complete and satisfactory repair and replacement or totally protect the City from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the work, then the obligation shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety shall continue so long as any obligation of the Principal remains.
As a 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 of Beaumont in successfully enforcing such obligation, all to be taxed as costs and included in any judgment 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 anywise affect its obligations under 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. The Surety waives all rights of subrogation against the City or any person employed by the City.
[signatures on following page]
SIGNED AND SEALED THIS 28th DAY OF April 20 26 .
SURETY
By:
Fidelity and Deposit Company of Maryland
PRINCIPAL
(Name) (Name)
Noah William Pierce
(Title)
Attorney -In -Fact
(Address)
1299 Zurich Way
Schaumburg, IL 60196
(Seal)
eles Holding Company, Inc.
Tenni*Lr L. O'Lectr�
(Title)
Vices Pre,8 i ottr%
(Address)
980 Montecito Drive, Suite 300
Corona, CA 92879
ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On 5/.2I/aoap
before me, Ashley Arryann Donovan, Notary Public
(insert name and title of the officer)
personally appeared Jennifer L. O'Leary
who proved to me on the basis of satisfactory evidence to be the person(o) whose name(s) is/are subscribed to the within instrument and acknowledged to me that be/she/they executed the same in 19-is/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(,$) 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 [sa,t_Q_c,,l
Notary Public
(Seal)
ASHLEY ARRYANN DONOVAN
COMM #2417574 co
NOTARY PUBLIC - CALIFORNIA 0
RIVERSIDE COUNTY
My Commission Expires September 22, 2026
STATE OF North Carolina
COUNTY OF Rowan to wit:
I, Bryan M Caneschi, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing instrument this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.
Given under my hand this day of ke(; ( , 2026.
Notary Seal
BRYAN M CANESCHI
Notary Public - North Carolina
Rowan County,
My Commission Expires Apr 4, 2027
Notary Public
My commission expires on the 4th day of April, 2027.
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by ROBERT D. MURRAY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof do hereby nominate, constitute, and appoint John F. THOMAS, Jynell Marie WHITEHEAD, Jennifer B. GULLETT, Catherine THOMPSON, Amy R.
WAUGH, Noah William PIERCE and Andrew M. BENNETT, all of Charlotte, North Carolina, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of August, A.D. 2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
tt ,
Assistant Secretary
Dawn E. Brown Robert D. Murray
Vice President
State of Maryland
County of Baltimore
On this 16th day of August, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, ROBERT D.
MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
POA-F 177-0035B
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate spat, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 28th day of April , 2026 .
.3z4t/d-114---
Brian M. Hodges, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
DOC # 2025-0272874
RECORDING REQUESTED BY:
09/05/2025 08:51 AM Fees: $0.00
CITY CLERK
Recorded in Official Records
County of Riverside
Peter Aldana
WHEN RECORDED RETURN TO:
Assessor -County Clerk -Recorder
City Clerk
City of Beaumont
"This document was electronically submitted
550 E. 6th Street
to the County of Riverside for recording**
Beaumont, CA92223
Receipted by: CRISTINA#7700
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF BEAUMONT
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT or PARCEL MAP NO. 31462-23
DATE OF AGREEMENT: April 15th, 2025
NAME OF SUBDIVIDER: D.R. Horton Los Angeles Holding Company, Inc. a California Corporation . (hereinafter referred to as "Subdivider").
NAME/NUMBER OF DEVELOPMENT:
55 residential
PA22B
subdivision consisting of
, originally approved on
lots,
and Tentative Tract/Parcel 31462 ("Tract/Parcel" or
"Tentative Tract/Parcel Map") , originally approved on: September 8th, 2016 .
FINAL TRACT/PARCEL MAP
RECORDED ON 12/27/2022
31462-23 APPROVED ON
AS INSTRUMENT NUMBER 2022-0513448
("Final Tract Map/Final Parcel Map").
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").
EST. TOTAL COST OF
PUBLIC IMPROVEMENTS:
$ 122,739.50
EST. TOTAL COST OF
PRIVATE IMPROVEMENTS:
$
EST. TOTAL COST OF
MONUMENTATION:
$
(see Exhibit "B")
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS: 9473416 - PA 22B Sewer Improvements
LETTER OF CREDIT NUMBERS:
FINANCIAL INSTITUTION:
DOC #2025-0272874 Page 2 of 39
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as "City"), and D.R. Horton Los Angeles Holding Company, Inc. ' a California Corporation (hereinafter referred to as "Subdivider"). City and Subdivider are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".
RECITALS
A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit "A" attached hereto and incorporated and made part of this Agreement by this reference (the "Property").
B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City subdivision laws and codes.
D. In consideration of the approval of a final map by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws.
E. Improvement Plans (the "Plans") for the construction, installation, and completion of the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works ("City Engineer"). The City has adopted standards (hereinafter "Standards") for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit "B" and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit "B".
DOC #2025-0272874 Page 3 of 39
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.
DOC #2025-0272874 Page 4 of 39
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) 122,739.50 and 00/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement ("Performance Security"), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit "B"; and (ii) 122,739.50 and 00/100 DOLLARS ($XXX,XXX.XX) to
secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement ("Labor & Materials Security"), which amount is one -hundred percent (100%) of the estimated cost of the Improvements; and (iii) and 00/100 DOLLARS ($ XX,XXX.XX) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement. (iv) and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit "A", and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b) The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or
DOC #2025-0272874 Page 5 of 39
referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released.
(c) Subdivider agrees to keep its improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Subdivider is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Subdivider to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts. (d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider, shall not require Subdivider to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Subdivider shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement.
Subdivider shall also provide additional Labor & Materials Security as required by Section 2 of this Agreement for 50 % of the total estimated cost of the Improvements as changed, altered, or amended.
(b) Subdivider shall construct all Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the Approval Action specified on Page One (1) hereof. The City reserves the right to modify the Standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, the City may apply the Standards in effect at the time the extension is granted.
4. Modification of Drainage Plan. Subdivider agrees that if during the course of construction and installation of Improvements it shall be determined by the City Engineer that revision of the
DOC #2025-0272874 Page 6 of 39
drainage plan is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City.
Said changes, if any, shall be confined to the Property.
5. Reserved.
6. Inspections; Final Acceptance and Certification of Improvements. (a) Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation.
(b) Upon completion of the Improvements covered in this Agreement, the Subdivider shall request a final inspection by the City Engineer or his/her authorized representative.
Following receipt of such request, the City Engineer shall inspect the Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Improvements requiring acceptance by another public agency have been completed in accordance with this Agreement, then the City Engineer shall request said agency to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Improvements shall not constitute a waiver of any defects by City.
(ii) For Improvements not requiring dedication to or acceptance by the a public agency (the "Private Improvements"), the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Subdivider's registered civil engineer stating that the Private Improvements have been completed in accordance with the approved Plans, City Standards and the Tentative Map. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Subdivider's registered civil engineer) that the Private Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Tentative Map, the City Engineer shall recommend certification of the completion of the Private Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed.
(c) Subdivider shall bear all costs of inspection and certification of the Improvements.
DOC #2025-0272874 Page 7 of 39
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.
DOC #2025-0272874 Page 8 of 39
(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
DOC #2025-0272874 Page 9 of 39
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, transferor other disposition of the Property to a purported new Subdivider; (8) Subdivider's failure to maintain insurance; or (9) the failure of Subdivider or Subdivider's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement. (b) In the event of any such default, the City Engineer or the City Council may serve written notice to Subdivider specifying in reasonable detail the nature of the default.
Subdivider shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default is not reasonably susceptible to being cured within said thirty (30) days, Subdivider shall have a reasonable period of time to cure the default so long as Subdivider commences to cure the default within said thirty (30) days and diligently prosecutes the cure to completion.
(c) If following service of such written notice of default, Subdivider fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 10(b), above, the City Engineer or the City Council may serve notice of Subdivider's default upon Subdivider and where applicable Subdivider's surety, or the holder(s) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 10(c), above, Subdivider's surety shall have the duty to take over and complete the Improvements and related work required under this Agreement; provided; however, that if the surety, within twenty (20) days after the serving upon it of such notice of default, does not give the City written notice of its intention to take over the construction of said Improvements or does not, within ten (10) days after giving City notice of such election, commence to complete the Improvements, City may take over the work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available to it at law or in equity for Subdivider's default under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Subdivider. The right of City to draw upon or utilize the Improvement Securities is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Improvements, and therefore, City's damages for Subdivider's default shall be measured by the actual cost of completing the required Improvements. The sums provided by the
DOC #2025-0272874 Page 10 of 39
Improvement Securities may be used by City for the completion of the Improvements in accordance with the Plans.
(f) Failure of Subdivider to comply with the terms of this Agreement, including but not limited to, construction of all the Improvements as set forth herein and as required by the Tentative Map, shall constitute Subdivider's consent to: (1) the filing by City of a notice of violation against all of the lots in the Subdivision; (2) withholding of Building permits, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Subdivider agrees that the choice of remedy or remedies for Subdivider's default or breach shall be in the sole discretion of City.
(g) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.
11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Improvements, Subdivider shall guarantee or warranty all the Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the Plans, Subdivider shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion.
(b) Should Subdivider fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Subdivider hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Subdivider and to Subdivider's surety, and Subdivider agrees to pay City for the cost of such work.
(c) Should the City determine that an emergency or a threat to the public safety and welfare exists from the condition of the Improvements which require repairs, replacements or remedial measures to be made before Subdivider can be notified, City may, in its sole
DOC #2025-0272874 Page 11 of 39
discretion, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the cost of such repairs.
12. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement.
13. Injury to Improvement Work; Risk of Loss. Until such time as the Public Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Public Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Improvements specified in this Agreement prior to the completion and acceptance of the Public Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Subdivider is responsible for and shall bear the risk of loss for all Private Improvements at all times.
14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other Subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment.
15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Improvements pursuant to Section 6(b)(ii), Subdivider shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.
16. Vesting of Ownership. Upon acceptance of the Public Improvements and related work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Improvements constructed within the Private streets in the Development shall vest in the name of the City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.
17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, subcontractors or employees in the performance of this Agreement. Subdivider hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with
DOC #2025-0272874 Page 12 of 39
Subdivider's operations, or any subcontractor's operations, to be performed under this Agreement for Subdivider's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Subdivider or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Subdivider's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Improvements, or whether City or Subdivider has insurance or other indemnification covering any of these matters.
(c) Subdivider's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Improvements. City's acceptance and/or certification of the Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design.
After City's acceptance/certification of the Improvements, Subdivider shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Subdivider shall not be responsible for routine maintenance.
Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Improvements. Subdivider's Improvement Securities shall not be required to secure Subdivider's obligations under this Section 17.
18. Sale or Disposition of Subdivision; Assignment.
(a) Subdivider acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Improvements required hereunder will not relieve Subdivider from the obligations set forth in this Agreement, and Subdivider shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Subdivider sells or otherwise transfers the Property to any other person or entity prior to final completion of the Improvements, or wishes to assign this Agreement, Subdivider may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed
DOC #2025-0272874 Page 13 of 39
assignee (hereinafter collectively for purposes of this Section, "Successor"). Subdivider shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor.
(b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Subdivider under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Subdivider, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Subdivider in accordance with the provisions of such novation and release Subdivider of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Subdivider, Successor and City) shall relieve Subdivider of its obligations under any other Section of this Agreement for work or Improvements performed by Subdivider prior to the novation.
19. Time of the Essence. Time is of the essence in this Agreement.
20. Time for Completion of Improvements; Extensions.
(a) Subdivider shall commence and diligently prosecute to completion construction of all the Improvements required by this Agreement. The time for completion of the Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted by City ordinance. The City Manager may grant an extension of time for such period as may be in the public interest upon the showing of the Subdivider of good cause.
Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney.
(b) Any such extension may be granted without notice to Subdivider's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension. (c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. In addition, the time for completion of the Improvements shall be extended for any delay resulting from an act of City, or from an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and
DOC #2025-0272874 Page 14 of 39
which were not caused by or contributed to by Subdivider, provided that Subdivider provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Subdivider shall use all reasonable efforts to remedy same and resume completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the Improvements required by this Agreement, the City Manager may require Subdivider to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.
21. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City:
Notice to City:
Attn: City Manager
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
With a Copy to: John Pinkney, Esq.
SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
D.R. Horton
Notice to Subdivider: 980 Montecito Dr. Suite 300 Corona, CA 92879 Attn: Jesse Mudd
22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.
23. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
DOC #2025-0272874 Page 15 of 39
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
DOC #2025-0272874 Page 16 of 39
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.
DOC #2025-0272874 Page 17 of 39
(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
DOC #2025-0272874 Page 18 of 39
of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.
29. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property.
(b) The provisions of Subsection 29(a) notwithstanding, Subdivider shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with the provisions of Section 18 of this Agreement.
(c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto.
30. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Subdivider. The undersigned, on behalf of Subdivider, binds Subdivider, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.
DOC #2025-0272874 Page 19 of 39
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.
Subdivider:
D.R. Horton Los Angeles Holding
Company, Inc.
Signature:
Vicki Gullion
Print Name:
City:
CITY OF BEAUMONT
a Municipal Corporation
Signatur
SSISTAYI Sere_gry ATTEST:
Attachments: Exhibit A
Exhibit B
Exhibit C
APPROVED AS TO FORM:
John Pinkney, City Attorney
APPROVED AS TO CONTENT:
Robe ° Vestal, Dir. /Of Engineering/Public Works
Legal description of Property
Cost estimate(s)
Performance & Payment Bond OR Cash Bond
(Proper Notarization of Subdivider's Signature is required and shall be attached)
DOC #2025-0272874 Page 20 of 39
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
CONSTRUCTION COST WORKSHEET
"PLAN CHECK FEE EST"
PARCEL MAP OR TRACT NO.: Street Im
)rovement Plans - Tract No. 31462-26 (PA 18-77 Lots)
DATE: 7/8/2021
PP, CUP NO.:
BY: George A. Lenfestey
IMPROVEMENTS
FAITHFUL PERFORMANCE 100%
LABOR & MATERIALS SECURITY 100%
Construction Costs)
Streets/Drainage
Sewer
Total
Warranty Retension (22.5%)
Street/Drainage Plan Check Fees =
Sewer Plan Check Fees =
Street Inspection Fees =
Sewer Inspection Fees =
$ 818,131.85
818,131.85
184,079.67
16,362.64
500.00
24,543.96
750.00
DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS Construction items and their quantities as shown on attached sheets are accurate for the improvements required to construct the above project and the mathematical extensions using City's unit costs are accurate for determining bonding, plan check and inspection costs.
Above amounts do ninclude additional 20% for recordation prior to having signed plans Above amounts do not n include additional 20% for recordation prior to having signed plans 8 -Jul -21
Engineer's Signature Date
George A. Lenfestev
Name typed or printed
Civil Engineer's Stamp
*****PLEASE READ INSTRUCTIONS BELOW*****
1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Construction Cost Worksheet".
2. Show Bond Amounts to the nearest $500.
3. For construction items not covered by the Construction Cost Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont unit costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used.
7/8/2021
DOC #2025-0272874 Page 21 of 39
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Street Improvement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 8 -Jul -21
STREET IMPROVEMENTS (Cont'd.)
QTY.
UNIT
ITEM
U
UNIT COST
AMOUNT
L.F.
Remove Chain Link Fence
$ 2.50
$ -
EA.
Remove Barricade
$ 200.00
$ 90.00
$ -
$ 197,640
2,196
TON
Asphalt Concrete - 144 lbs/cu. Ft.
{°" : - "` SF !c:0.33')
1,712
C.Y.
A gregate Base Class II ( SFjo.0.50')
$ 50.00
$ 85,600
4 TON
Asphalt Emulsion (Fog SeaUPaint Binder)
(1 ton = 240 gals) ( .' "" SF)
$ 600.00
$ 2,400
apply at 0.05 + 0.03 = 0.08 ga1/SY
$ -.
S.F
AC over ay (mm. 0.10')
If export, provide (a) & (b), a=fill, b=cut-fill
If import, provide (a)&(C), a=cut, c=fill-cut
(Unit costs for (a), (b) & (C) are 20% of
actual costs to assure that work will be
corrected to eliminate hazardous conditions.)
$ 0.90
$
S.F.
Remove A.C. Pavement
$ 0.50
$ -
L.F.
Curb and Gutter (Wedge Curb)
$ 8.00
$ -
5,432
L.F.
Curb and Gutter (Type A-6)
$ 10.00
$ 54,320
L.F.
Curb and Gutter (Type A-8)
$ 12.00
$
L.F.
Type "C" Curb
$ 10.00
$ -
L.F.
Type "D" Curb
$ 15.00
$ -
36 L.F.
A.C. Dike (6") (incl. material & labor)
$ 8.00
$ 288
L.F.
A.C. Dike (8") (incl. Material & labor)
$ 10.00
$ -
2,497
S.F.
P.C.C. Cross Gutter and Spandrels
$ 10.00
$ 24,970
33,694
S.F.
P.C.C. Sidewalk
$ 6.00
$ 202,164
13,000
SF
P.C.C. Drive Approach (16' Wide)
$ 8.00
$ 104,000
8 EA.
Handicapped Access Ramp
$ 1,500.00
$ 12,000
EA.
P.C.C. Drive Approach
(individual lot driveway approach per finished grading plan) $ 8.00
$ -
351
S.F.
Join Existing Pavement (Grind & Overlay Exist. A.C.)
$ 4.00
$ 1,404
$ -
$ -
$ -
SUBTOTAL = $ 684,786.00
7/8/2021
DOC #2025-0272874 Page 22 of 39
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Street Im
?rovement Plans - Tract No. 31462-26 (PA 18-77 Lots)
DATE: 8 -Jul -21
STREET IMPROVEMENTS (Contd.)
QTY.
UNIT
ITEM
UNIT COST
AMOUNT
-
C.Y.
Rip Rap (1/4 Ton t Method B
$ 35.00
$ -
C.Y.
Rip Rap (1/2 Ton) Method B
$ 40.00 $ -
C.Y. Rip Rapt 1 Ton) Method B
$ 45.00
$ -
C.Y. Rip Rap (2 Ton) Method B
$ 50.00
$ -
C.Y. Grouted Rip Rap (1/4 Ton) Method B
$ 45.00
$ -
C.Y.
Grouted Rip Rap (1/2 Toni Method B
$ 55.00
$ -
C.Y.
Grouted Rip Rap (" 1 Ton) Method B
$ 60.00
$ -
C.Y.
Grouted Rip Rap (2 Ton) Method B
$ 65.00
$ -
L.F.
18" R.C.P.
$ 60.00
$ -
L.F.
24" R.C.P.
$ 70.00
$ -
L.F. 30" R.C.P.
$ 80.00
$ -
-
L.F.
36" R.C.P.
$ 90.00
$ -
¢
L.F.
42" R.C.P.
$ 100.00
$ -
L.F.
48 " RCP
$ 110.00
$ -
L.F.
54" RCP
$ 135.00
$ -
L.F.
60" RCP
$ 160.00
$ 200.00
$ -
L.F.
72" RCP
$ -
L.F.
$ 1.00
$ -
L.F.
$ 1.00
$ -
$ -
EA.
H.D.P.E. Clean Out
$ 400.00
-
EA.
Drain Basin
$ 400.00
$ --
-
EA.
Curb Outlet
$ 3,000.00 $ -
EA.
Fossil Filters
$ 500.00
$ -
-
EA.
18" C.M.P. Wye
$ 500.00
$ -
-
EA.
Riprap Headwall
$ 1,000.00
$ -
-
EA.
Concrete Collar
$ 250.00
$ -
EA.
Outlet Structure
$ 10,000.00 $ -
EA.
Concrete Pipe Anchor & Stabilizer
$ 250.00 $ -
L.F.
12" HDPE. Pipe
$ 31.00 $ -
EA.
12" HDPE Misc. Fittings (Bend, coupling & end cap)
$ 320.00 $ -
SUBTOTAL =
7/8/2021
DOC #2025-0272874 Page 23 of 39
CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT
IMPROVEMENT REQUIREMENT WORKSHEET
PROJECT: Street Im rovement Plans - Tract No. 31462-26 (PA 18-77 Lots) DATE: 8 -Jul -21
STREET IMPROVEMENTS (Contd. )
QTY.
UNIT
ITEM
U
UNIT COST
$ 2,500.00
AMOUNT
$ -
0 EA.
Water Qua1it> Structure
0 LS
Concrete Inlet Apron
$ 11,000.00
$ -
0 LS
Emergency Spillway
$ 27,000.00
$ -
0 LS
84" Storm Drain Grate
$ 8,500.00
$ -
0 SF
3' Wide V -Gutter (945 LF)
$ 4.00
$ -
$ -
$ -
$ -
$
$ -
$ -
A.
Subtotal
B. Contingency (15%)
C. Streets/Drainage Total (A + B)
Subtotal:
11.1 $ 711,419
$ 106,713
818,132
7/8/2021
DOC #2025-0272874 Page 24 of 39
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 41-//
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the personW whose name* is/a,=e subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in 13-is/her/their authorized capacity(ies), and that by firs/her/their signature(.&) on the instrument the person*, or the entity upon behalf of which the person(,) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
.4°•41 ASHLEY ARRYANN DONOVAN ir
COMM #2417574 3
t p X04 NOTARY PUBLIC - CALIFORNIA n
RIVERSIDE COUNTY
My Commission Expires September 22, 2026
***************************************
Signature l.ortjbpn.81v.--- (Seal)
Nota Public
DOC #2025-0272874 Page 25 of 39
Bond No. 9473416
EXHIBIT "A"
PERFORMANCE BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and D.R. Horton Los Angeles Holding Company, Inc. (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Augusta at the Fairways II TR 31462-23 dated , 20_, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. 31462-23, which is hereby incorporated herein and made a part hereof; and WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of One Hundred Twenty Two Thousand Seven Hundred dollars ($ 122,739.50 ) lawful money of the Thirty Nine an 50/100
United states, or the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
[signatures on following page]
6
DOC #2025-0272874 Page 26 of 39
IN WITNESS WHEREOF. this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposit Company of Maryland
SURETY
Name: Noah William Pierce
Title: Attorney -In -Fact
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.
PR NCIPAL
By:
Name: V1 Cat 6)4( 00
Title: ASS�sfan+- SCC
Address: 1299 ZURICH WAY, 10TH FLOOR By:
SCHAUMBURG, IL 60196 Name:
Title:
Address: 980 Montecito Drive, Suite 300
Corona, CA 92879
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 7
DOC #2025-0272874 Page 27 of 39
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 3ppi a.a a.5 -
)
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(S) is/aie subscribed to the within instrument and acknowledged to me that 1¥e/she/they executed the same in I.is/her/theif authorized capacity(ies), and that by-Ns/her/their signature(sl on the instrument the person(.sS, or the entity upon behalf of which the person(,) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ASHLEY ARRYANN DONOVAN i
COMM #2417574 N
NOTARY PUBLIC - CALIFORNIA n
RIVERSIDE COUNT/
My Commission Expires September 22.2026
arva as.- (Lava, -- (Seal)
Nota Publ c
DOC #2025-0272874 Page 28 of 39
STATE OF NORTH CAROLINA
COUNTY OF ROWAN:
I, Bryan M Caneschi, a Notary Public in and for Rowan County, North Carolina, do hereby certify that Noah William Pierce personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal this day of
Notary Seal
Bryan M Caneschi, Notary Public
My Commission Expires on the 4th day of April, 2027.
DOC #2025-0272874 Page 29 of 39
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporationof the State of Illinois (herein collectively called the "Companies"), by ROBERT D. HURRAY, Vice President, in pursuance of authority granted by Article V, Section 8. of the By -Laws of said Companies, which arc set forth on the reverse side hereof and are, hereby certified to he in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John F. THOMAS, Jynell Marie WHITEHEAD, Jennifer B. GULLETT, Catherine THOMPSON, Amy R.
WAUGH, Noah William PIERCE and Andrew M. BENNETT, all of Charlotte, North Carolina, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New Yorlc, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said. Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies. and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of August. A.D. 2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Assistant Secretary
Dawn E. Brown
Vice President
Robert D. Murray
State of Maryland
County of Baltimore
On this 16th day of August, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, ROBERT D.
MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, l have hereunto set my hand and affixed my Official Seal the day and year first above written, POA-F 177-0035B
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
DOC #2025-0272874 Page 30 of 39
EXTRACT FROM BYLAWS OF THE COMPANIES
"Article V, Section 8, Attome,, s -in -Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE, COMPANY at a meeting duly called and held on the 15th day of December 1998, RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an. Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of March 2025
Brian M, Hodges, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
DOC #2025-0272874 Page 31 of 39
Bond No. 9473416
EXHIBIT "B"
PAYMENT BOND
WHEREAS, the City Council of the City of Beaumont, State of California, and D.R. Horton Los Angeles Holding Company, Inc. (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Augusta at the Fairways II TR 31462-23 dated , 20_, whereby Principal agrees to install and complete certain designated public improvements which is hereby incorporated herein and made a part hereof; and WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code in the sum of * dollars ($** ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. * One Hundred Twenty Two Thousand Seven Hundred Thirty Nine and 50/100 ** $122,739.50 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000, et seq.) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
[signatures on following page]
8
DOC #2025-0272874 Page 32 of 39
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 4, 2025
Fidelity and Deposit Company of Maryland
SURETY
By:
Name: Noah William Pierce
Title: Attorney -In -Fact
(Seal)
D.R. Horton Los Angeles Holding Company, Inc.
PRINCIPAL
By: /L -t
Name: V1 (�Uj
Title: p c;Si51z+, ;{- ceti-c-itkry
Address: 1299 ZURICH WAY, 10TH FLOOR By:
SCHAUMBURG, IL 60196
Name:
Title:
Address: 980 Montecito Drive, Suite 300
Corona, CA 92879
ALL SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC 9
DOC #2025-0272874 Page 33 of 39
ACK O LEDG ENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On Lei a.C?'dS`
before me, Ashley Arryann Donovan Notary Public
(insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person($ whose name(A is/. 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 leis/her/heif 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.
***MSC1***
ASHLEY ARRYANN DONOVAN
COMM #2417574 N
NOTARY PUBLIC - CAUFORNIA 0
/ RIVERSIDE COUNTY
Commission Expires September 22, 2026
senx�
Signature (Seal)
Nota Public
DOC #2025-0272874 Page 34 of 39
STATE OF NORTH CAROLINA
COUNTY OF ROWAN:
I, Bryan M Caneschi, a Notary Public in and for Rowan County, North Carolina, do hereby certify that Noah William Pierce personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal this day of
Notary Seal
Bryan M Caneschi, Notary Public
My Commission Expires on the 4`h day of April, 2027.
DOC #2025-0272874 Page 35 of 39
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSI'{ COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by ROBERT D. MURRAY, Vice President, in pursuance of authority gained by Article V, Section 8. of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John F. THOMAS, Jynell Marie WHITEHEAD, Jennifer B. GULLETT, Catherine THOMPSON, Amy R.
WAUGH, Noah William PIERCE and Andrew M. BENNETT, all of Charlotte, North Carolina, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed; any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes. as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills. Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 8, of the By -Laws of said Companies, and is now in force.
EN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of August. A.D. 2©19.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Assistant Secretary
Dawn E. Brown
Vice President
Robert D. Murray
State of Maryland
County of Baltimore
On this 16th day of August, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified. ROBERT D.
MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, depnseth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, l have hereunto set my hand and affixed my Official Seal the day and year first above written.
POA-F 177-00358
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
DOC #2025-0272874 Page 36 of 39
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERiCA?' INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 198.
RESOLVED; "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the. IOth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President. Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th clay of March 2025
Brian M. Hodges, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
SEWER NOTES
1. SEWER CONSTRUCTION AND MATERIALS SHALL BE IN ACCORDANCE WITH THE CITY OF
BEAUMONT'S STANDARDS AND SPECIFICATIONS AND EASTERN MUNICIPAL WATER DISTRICT'S (EMWD) GUIDELINES.
2. GRAVITY SEWER PROFILE ELEVATIONS ARE TO BE FLOW LINES (CONDUIT INVERTS).
3. MANHOLES SHALL BE CONSTRUCTED IN ACCORDANCE WITH RCTD STD 606. SEWER MAINS MAY BE LAID THROUGH THE MANHOLES AND USED AS A FORM FOR THE INVERT. CAST IRON SHALL BE USED FOR MANHOLE COVERS AND SHALL HAVE A 12" COVERING RING.
4. PRIOR TO CONSTRUCTION OF SEWER, CONTRACTOR SHALL EXPOSE EXISTING SEWER AND VERIFY ITS EXISTING ELEVATION. WHERE CONNECTION TO EXISTING MANHOLES AND INLET
STUB OF PROPER SIZE EXISTS, NO ALTERATIONS SHALL BE MADE TO EXISTING MANHOLE BASE OR STUB EXCEPT AS SPECIFICALLY AUTHORIZED BY THE CITY OF BEAUMONT.
5. WHERE A NEW INLET MUST BE CONSTRUCTED IN AN EXISTING MANHOLE, THE ELEVATION
OF THE INLET SHALL BE SUCH THAT ITS CROWN SHALL BE LEVELED WITH THE CROWN
OF THE OUTLET PIPE, AT THEIR PROJECTIONS TO THE MANHOLE CENTERLINE
6. ALL SEWER INLETS AT THE MANHOLE SHALL BE SUCH THAT ITS CROWN SHALL BE LEVEL
WITH THE CROWN OF THE OUTLET PIPE AT THEIR PROJECTION TO THE MANHOLE
CENTERLINE
7. THE CONTRACTOR IS ADVISED THAT THE WORK ON THIS PROJECT MAY INVOLVE WORKING
IN A CONFINED AIR SPACE CONTRACTOR SHALL BE RESPONSIBLE FOR CONFINED AIR SPACE" ARTICLE 108, TITLE 8 CALIFORNIA ADMINISTRATION CODE
8. PROVIDE BACKFLOW PREVENTION DEVICES WHERE UPSTREAM MANHOLE RIM IS HIGHER THAN PAD ELEVATION.
9. PROVIDE APPROPRIATE MARKING TAPE AT TOP OF THE PIPE CENTERLINE ON TOP OF PIPE BEDDING.
10, SEWER LATERAL SHALL BE TYPE 'A" PER DETAIL SHOWN HEREON, UNLESS OTHERWISE NOTED OR DETAILED ON PLANS.
11. DEVELOPER SHALL HAVE GEOTECHNICAL/ SOIL ENGINEERING FIRM OBSERVE TRENCHING,
BACKFILLING AND SOIL COMPACTION OF ALL UTILITY TRENCHES WITHIN EASEMENTS AND ROAD RIGHT OF WAY. TWO SETS OF COMPACTION REPORTS CERTIFYING THAT WORK WAS
DONE IN CONFORMANCE TO STANDARDS AND GEOTECHNICAL REPORT SHALL BE
SUBMITTED TO THE DEPARTMENT OF PUBLIC WORKS AT LEAST TWO WORKING DAYS BEFORE AGGREGATE BASE MATERIALS ARE PLACED ONSITE.
12. UTILITY TRENCH BACKFILL PER PLAN, PROFILE, RCTD STD 818 AND LATEST GREEN BOOK SECTION 306. CRUSH ROCK BEDDING, HAUNCHING, INITIAL BACKFILL PER GREEN BOOK TABLE 306. -1.2.13(8), MAXIMUM ROCK GRADATION 1/2 INCH FOR PVC PIPE SIZE 15 INCH AND SMALLER AND 3/4 INCH CRUSH ROCK FOR PVC PIPE LARGER THAN 15 INCHES DIAMETER.
1. GENERAL N O TES
IT SHALL BE RESPONSIBILITY OF THE DEVELOPER/OWNER OR
CONTRACTOR TO APPLY TO THE DIRECTOR OF PUBLIC WORKS,
CITY OF BEAUMONT FOR AN ENCROACHMENT PERMIT FOR ALL
WORK PERFORMED WITHIN PUBLIC RIGHT-OF-WAY
2. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO
INSTALL AND MAINTAIN ALL CONSTRUCTION, REGULATORY,
GUIDE AND WARNING SIGNS WITHIN THE PROJECT LIMITS AND
ITS SURROUNDINGS AND TO PROVIDE SAFE PASSAGE FOR
THE TRAVELING PUBLIC AND WORKERS UNTIL THE FINAL
COMPLETION AND ACCEPTANCE
3. CONSTRUCTION PROJECTS THAT DISTURB MORE THAN ONE
ACRE MUST OBTAIN A NATIONAL POLLUTANTS DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT OWNER/DEVELOPERS
ARE REQUIRED TO FILE A NOTICE OF INTENT (NO/) WITH THE
STATE WATER RESOURCES CONTROL BOARD $WRCB)AND
COMPLY WITH ALL REQUIREMENTS OF THE BEAUMONT
DRAINAGE MANAGEMENT PLAN.
4. ALL WORK SHALL CONFORM TO THE LATEST EDITION OF
COUNTY OF RIVERSIDE TRANSPORTATION DEPARTMENT (RCTD)
ROAD IMPROVEMENT STANDARDS AND SPECIFICATIONS, COUNTY
ORDINANCE 461 AND SUBSEQUENT AMENDMENTS.
5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CLEARING
OF THE PROPOSED WORK AREA AND RELOCATION COST OF
ALL EXISTING UTILITIES. PERMITTEE MUST INFORM CITY OF
CONSTRUCTION SCHEDULE AT LEAST 48 HOURS PRIOR TO
BEGINNING OF CONSTRUCTION AT (951) 769-8520.
6. ALL EXISTING SURVEY MONUMENTS SHALL BE PROTECTED IN
PLACE OR RELOCATED BY A LICENSE PROFESSIONAL LAND
SURVEYOR PRIOR TO CONSTRUCTION COMPLETION.
7. TRENCHING FOR UTILITIES AND STRUCTURES IS NOT ALLOWED
UNTIL SOIL COMPACTION REPORT IS SUBMITTED TO AND
APPROVED BY THE PUBLIC WORKS DEPARTMENT PRELIMINARY
OR FINAL SOIL REPORT P.N. 1-0160, DATED 1/12/2016
PREPARED BY ALTA CALIFORNIA GEOTECHNICAL INC. SHALL BE
AVAILABLE UPON REQUEST
ALL UNDERGROUND FACILITIES WITH LATERALS, SHALL BE IN
PLACE PRIOR TO PAVING THE STREET, INCLUDING, BUT NOT
LIMITED TO, THE FOLLOWING; SEWER, WATER, GAS,
ELECTRIC, STORM DRAINS AND COMMUNICATION LINES.
9. ALL MANHOLES, SURVEY MARKERS AND VALVES SHALL BE
ADJUSTED TO GRADE BY THE CONTRACTOR AFTER COMPLETION
OF THE OVERLAY
10. ASPHALTIC EMULSION (FOG SEAL) SHALL BE APPLIED NOT
LESS THAN FOURTEEN DAYS FOLLOWING PLACEMENT OF THE
ASPHALT SURFACING. SEAL AND PAINT BINDER SHALL BE
APPLIED AT A RATE OF 0.05 AND 0.03 GALLON PER SQUARE
YARD RESPECTIVELY ASPHALTIC EMULSION SHALL CONFORM TO
SECTION # 37, /39, AND /94 OF THE STATE STANDARD
SPECIFICATION.
13. TRENCHING AND EXCAVATION PER 29 CFR 1926.651 AND 1926.652 OR COMPARABLE OSHA -APPROVED STATE PLAN REQUIREMENTS 11.
14. FOR SEWER MAINS 15 INCH IN DIAMETER AND SMALLER AT DEPTHS BETWEEN 15 AND 20
FEET (FROM FINISH SURFACE TO THE TOP OF THE PIPE) HIGHER CLASS OF BEDDING OR
STRONGER PIPE OR BOTH CAN BE USED, OTHERWISE PROVIDE A SOILS REPORT/ SUPPORTING CALCULATIONS TO SUBSTANTIATE THE USE OF PVC SDR 35 SEWER PIPE
15. MAX VELOCITY OF THE SEWER MAIN SHALL NOT EXCEED 10FT/SEC DESIGN FLOW AND MINIMUM ACCEPTED VELOCITY SHALL BE 2FT/SEC DESIGN FLOW (MAX DEPTHS. 1/2 FULL FOR 12" DIAMETER AND SMALLER AND 3/4 FULL FOR 15" AND LARGER DIAMETER).
MAXIMUM SLOPES ARE AS FOLLOWS.• 8"•0.1200, 10"-0.085, 12"-0.0660, 15"0.0500, 18"-0.3700, 21".0.0300, 24'0.0250. MINIMUM SLOPES ARE AS FOLLOWS.. LATERALS.. 4 & 6 INCHES- 0.020, MAIN LINES 8"-0.0040, 10"-0.0032, 12"-0.0024, 15"0.0016, 18"0.0014, 21 "0012, 24"- 0.0010.
16. VERTICAL AND HORIZONTAL SEPARATION OF LATERALS OR SEWER MAIN FROM WATER OR RECYCLE WATER LINE SHALL BE IN ACCORDANCE WITH SWRCB-DOW.
17. WHEN SEWER LINE CROSS OTHER UTILITIES, STORM DRAINS, OR OTHER OBSTRUCTIONS,
THE OUTSIDE PIPE ELEVATIONS SHOULD BE SHOWN TO INDICATE THE AVAILABLE CLEARANCES.
18. MANHOLES OF DEPTH MORE THAN 12 FEET FROM FINISH STREET GRADE TO SEWER PIPE SHELF SHALL BE A MINIMUM 60" IN DIAMETER AND SHALL BE CONSTRUCTED PER RCTD STD 606 WITH A MANHOLE FRAMES AND COVERS PER RCTD STD 608.
19. MANHOLES OF DEPTH MORE THAN 12 FEET FROM FINISH STREET GRADE TO SEWER PIPE SHELF SHALL BE LINED WITH APPROVED CITY'S PVC LINER. THE BASE AND ALL
REMAINING EXPOSED CONCRETE SHALL BE COATED WITH AN APPROVED POLYURETHANE COATING. THE LINING AND COATING SHALL BE FREE FROM DEFECTS, HOLES OR SURFACE IRREGULARITIES.
20. MANHOLE SPACING - THE MAXIMUM DISTANCE BETWEEN MANHOLES FOR PIPE 15 INCHES IN DIAMETER OR SMALLER IS 400 FEET, FOR 18 INCH DIAMETER AND OVER IS 500 FEET.
MANHOLES ARE REQUIRED AT THE BEGINNING AND END OF THE CURVES. FOR RADIUS LESS THAN 500 FEET, THE MAXIMUM MANHOLE SPACING IS 200 FEET
21. MAINLINE AND LATERAL CLEANOUTS SHALL BE CONSTRUCTED IN ACCORDANCE WITH RCTD STD DRAWING 603 FOR VCP PIPE AND MODIFIED TO PVC PIPE CLEANOUT PIPE MUST BE
THE SAME DIAMETER AND MATERIAL AS MAIN SEWER LINE CLEANOUT SHALL BE PLACED
ON EACH LATERAL INSIDE OF THE PROPERTY LINE AND SHALL BE COORDINATED AND
APPROVED BY BUILDING AND SAFETY DEPARTMENT
22. TESTING PIPELINES PER LATEST EDITION GREEN BOOK, SECTION 306-1.4.
23. IN NO CASE SHALL THE SEWER SYSTEM BE ENTERED UNTIL ALL TESTING, CLEANING AND FINAL INSPECTION IS COMPLETED. NO FLUSHING WATER OR DEBRIS SHALL BE ALLOWED TO ENTER THE EXISTING SYSTEM.
DOWNSTREAM FACILITIES NOTE:
PROJECT IS REQUIRED TO CONSTRUCT DOWNSTREAM FACILITIES IF NOT CONSTRUCTED AT TIME OF CONNECTION.
DURING PAVING OPERATION, TRAFFIC CONTROL SHALL BE
PERFORMED AS REQUIRED BY THE CITY ENGINEER.
12. DEVELOPER SHALL BE FULLY RESPONSIBLE IN ASSURING THAT
PROPOSED IMPROVEMENTS CONFORM TO THE APPROVED PLAN,
SPECIFICATIONS AND THE CITY OF BEAUMONT STANDARDS,
WHERE DEVIATION EXISTS, DEVELOPER SHALL PROPOSED
CORRECTIVE MEASURES FOR REVIEW AND APPROVAL BY THE
CITY.
13. THE CONTRACTOR SHALL BEAR ALL COST FOR THE
CORRECTION OR REMOVAL AND REPLACEMENT OF DEFECTIVE
WORK, AND ALL ADDITIONAL DIRECT OR INDIRECT COSTS THE
CITY MAY INCUR ON ACCOUNT OF DEFECTIVE WORK, INCLUDING
THE COSTS OF ADDITIONAL ADMINISTRATIVE, PROFESSIONAL,
CONSULTANT, INSPECTION, TESTING AND OTHER SERVICES.
14. THE CITY RESERVE THE RIGHTS TO REQUIRED REVISION OF
THE APPROVED PLANS TO CONFORM WITH CURRENT
STANDARDS AND TO POST A NEW BOND IF CONSTRUCTION
HAS NOT COMMENCED WITHIN TWO YEARS AFTER PLANTS WERE
APPROVED.
TYPICAL LOT SERVICE
WITH FIRE HYDRANT
SEWER MAIN
O
WATER MAIN
FIRE 4" SEWER
HYDRANT LATERAL
WATER R.O.W.
SERVICE 0 0
4' OR
AS SHOWN .
ON PLAN
10' MIN. OR AS
SHOWN ON PLAN
TYPICAL LOT SERVICE
SEWER MAIN
WATER MAIN
WATER - 4 "
SERVICE LATERAL
❑ f R. 0. W.
4' OR
AS SHOWN
ON PLAN
10' MIN. OR AS
SHOWN ON PLAN
CITY OF BEAUMONT, CALIFORNIA
SEWER IMPROVEMENT PLANS
TRACT NO. 31462-23
PROPOSED M.H.
PER TRACT 31462
INFRASTRUCTURE SEWER PLANS
R/W
5'
PUE
2.0 i7r
NSA.-� �
ORE -/ ,
55 •
54 •
'
•
42 43
53 41
44 45
7 <Z<•.S
�N
�
N
50' R/W `•
46 25'
25'
7'
18'
LEGEND
O
P=2367.1
B. w.
18'
7'
3' COVER AT
FINAL GRADE
17'
10' MIN.
DL
oa
TYPICAL SECTION
NOT TO SCALE
TRACT BOUNDARY
RIGHT OF WAY
PROPOSED SEWER MAIN
PROPOSED SEWER SERVICE
PUBLIC UTILITY EASEMENT
CENTER LINE
SEWER MANHOLE
PROPOSED WATER MAIN
PROPOSED WATER SERVICE
PAD ELEVATION
PROPOSED CATCH BASIN
PROPOSED BACKFLOW PREVENTER
"WYE" STATION CO MAIN
SEWER LATERAL CALLOUT
10+35.22
CONSTRUCTION NOTE REFERENCE
7.5' NORMAL
DEPTH
5'
PUE
2.0. 47
ABBREVIATIONS NOTE:
FS
INV
C/L or CL
R/W
LAT
STA
PROP
L
N.T.S.
ELEV./EL.
MIN.
MAX
TYP.
BOP
TOP
M.H.or MH
PVC
ID.
R.C.T.D.
STD.
S.D.
SWR
X-/NG
VCP
FINISH SURFACE
INVERT OF PIPE
or �' CENTERLINE
RIGHT—OF—WAY
LATERAL
STATION
PROPOSED
LENGTH
NOT TO SCALE
ELEVATION
MINIMUM
MAXIMUM
TYPICAL
BOTTOM OF PIPE
TOP OF PIPE
SEWER MANHOLE
POLYVINYL CHLORIDE
PIPE
INSIDE DIA.
RIVERSIDE COUNTY
TRANS. DEPT
STANDARD
STORM DRAIN
SEWER
CROSSING
VITRIFIED CLAY PIPE
1. 2. TRENCHING FOR UTILITIES AND
STRUCTURES IS NOT ALLOWED UNTIL
SOIL COMPACTION REPORT IS SUBMITTED
AND APPROVED BY THE PUBLIC WORK
DEPARTMENT
3. THE CITY RESERVES THE RIGHT TO
REQUIRE REVISION OF THE APPROVED
PLANS TO CONFORM WITH CURRENT
STANDARDS AND TO POST A NEW BOND
IF CONSTRUCTION HAS NOT COMMENCED
WITHIN TWO YEARS AFTER PLANS WERE
APPROVED.
4. SIDEWALKS AND DRIVEWAYS APPROACHES
WILL BE POURED/CONSTRUCTED ONLY
AFTER DRIVEWAY LOCATIONS ARE
DETERMINED.
•
48 49
50 VICINITY MAP
CALI M ESA
SITE LOCATION
o,
Palmer
Avenue
Cherry Valley Blvd
Brookside Ave
Desert Lawn
a Memorial Gardens
Champions Drive
OAK VALLEY
Oak Valley Parkway
R. NO. 31462--zi
52 53
M.H. 434
100'
*AS -BUILT
BY SP2 & Co.
01/05/2026
JIMMY C. CHEN DATE
RCE 51394, EXP 06/30/2026
* AS -BUILT NOTE: THESE
DRAWINGS REFLECT
CONDITIONS OBSERVED IN THE
FIELD AND INFORMATION
PROVIDED BY THE
CONTRACTOR. ORIGINAL DESIGN
INTENT REMAINS UNCHANGED.
l0
MORENO VALLEY 60 FRWY
N.T.S.
Oak Valley Parkway
BEAUMONT
100' 200' 300'
SCALE: l''=100'
%)4e
CB35. _ W) • •
e'c
45\•\''
19 20
B.W. 21
'• s
B.w
APPROVAL OF THESE PLANS APPLY ••
ONLY WITHIN THE JURISDICTION OF THE �• ``
CITY OF BEAUMONT •N < "
%%S•
•`
%N•
9 22
INDEX MAP
LEGAL DESCRIPTION
TRACT 31462-23, IN THE CITY OF BEAUMONT, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP
FILED IN BOOK __, PAGES __ THROUGH __, INCLUSIVE,
OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
ASSESSOR'S PARCEL NO.
413-790-020
30 23
%N%
46,
_
B.w.
24 •
26 M.H. 7
25 B.w.
SEWER CER TI FI CA TI ON
•
,y
R/W
PROPOSED 8"
DOMESTIC WATER
PROPOSED SD
SIZE VARIES
6' 6'
\\&/////V/\//
PROPOSED 8"
PVC SEWER
PROPOSED 4"
PVC LATERAL
30' MAX
DETAIL A - TYPICAL LATERAL UNDER SD DETAIL
NOT TO SCALE
NOTE: CONSTRUCT 4" LATERAL AT 2% MIN SLOPE
APPLICANT/SUBDIVIDER:
MERITAGE HOMES OF CALIFORNIA
5 PETERS CANYON SUITE 310
IRVINE, CA 92606
(949) 299-3848 OFFICE
(310) 266-8715 MOBILE
CONTACT: EFREM JOELSON
PRI VA TE ENGINEERS NOTICE TO CONTRACTOR(S)
1. THE CONTRACTOR IS REQUIRED TO TAKE ALL PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES
SHOWN, AND ANY OTHER LINES OR STRUCTURES NOT SHOWN ON THESE PLANS, AND IS REQUIRED FOR THE PROTECTION OF, AND ANY DAMAGE TO THESE LINES OR STRUCTURES.
2. IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO NOTIFY THE OWNER OF ALL UTILITIES
OR STRUCTURES CONCERNED BEFORE STARTING WORK
3. QUANTITIES SHOWN HEREON ARE PROVIDED FOR BIDDING PURPOSES ONLY. CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING ALL QUANTITIES PRIOR TO BIDDING FOR CONSTRUCTION.
4. THE PRIVATE ENGINEER SIGNING THESE PLANS IS RESPONSIBLE FOR ASSURING THE ACCURACY AND ACCEPTABILITY OF THE DESIGN HEREON. IN THE EVENT OF DISCREPANCIES
ARISING AFTER CITY APPROVAL OR DURING CONSTRUCTION, THE PRIVATE ENGINEER SHALL
BE RESPONSIBLE FOR DETERMINING AN ACCEPTABLE SOLUTION AND REVISING THE PLANS FOR APPROVAL BY THE CITY.
DECLARATION OF ENGINEER OF RECORD:
/ HEREBY DECLARE THAT IN MY PROFESSIONAL OPINION, THE DESIGN OF THE IMPROVEMENTS AS SHOWN ON THESE PLANS COMPLIES WITH THE CURRENT PROFESSIONAL ENGINEERING STANDARDS AND PRACTICES. AS
THE ENGINEER IN RESPONSIBLE CHARGE OF THE DESIGN OF THESE IMPROVEMENTS, / ACCEPT FULL RESPONSIBILITY FOR SUCH DESIGN. I UNDERSTAND AND ACKNOWLEDGE THAT THE PLAN CHECK OF THESE
PLANS BY THE CITY OF BEAUMONT IS A REVIEW FOR THE LIMITED PURPOSE OF ENSURING THAT THESE PLANS COMPLY WITH THE CITY PROCEDURES AND OTHER APPLICABLE CODES AND ORDINANCES. THE PLAN
REVIEW PROCESS IS NOT A DETERMINATION OF THE TECHNICAL ADEQUACY OF THE DESIGN OF THE IMPROVEMENTS. SUCH PLAN CHECK DOES NOT THEREFORE RELIEVE ME OF MY DESIGN RESPONSIBILITY.
AS THE ENGINEER OF RECORD, I AGREE TO DEFEND AND INDEMNIFY THE CITY OF BEAUMONT ITS OFFICERS,
ITS AGENTS, AND ITS EMPLOYEES FROM ANY AND ALL LIABILITY, CLAIMS, DAMAGES, OR INJURIES TO ANY
PERSON OR PROPERTY ARISING FROM NEGLIGENT ACTS, ERRORS OR OMISSIONS OF THE ENGINEER OF RECORD, HIS EMPLOYEES, HIS AGENTS OR HIS CONSULTANTS.
02/14/22
GEORGE ALAN LENFESTEY R.C.E. 45920 DATE
EXPIRATION DATE 12-31-2022
CONSTRUCTION NOTES AND ESTIMATED QUANTITIES
ITEM TOTAL
INSTALL 8" PVC (SDR-35) SEWER MAIN PIPE
INSTALL PRECAST 4' ID. CONCRETE MANHOLE W/CAST
IRON MANHOLE COVER PER EMWD STD. DWG. SB-53 AND SB-61
INSTALL 12" PVC SEWER MAIN.
INSTALL 4" PVC SEWER HOUSE CONNECTION
PER EMWD STD. DWG. SB-177
INSTALL 4" BACKFLOW PREVENTION DEVICE
AMERICAN FOUNDARY'S NH53-A OR EQUAL
U NOT USED
07 REMOVE TEMP END PLUG AND CONNECT TO 12" SEWER
I CERTIFY THAT THE DESIGN OF THE SEWER SYSTEM IS IN ACCORDANCE WITH THE EASTERN
MUNICIPAL WATER DISTRICT'S SEWER SYSTEM MASTER PLAN, AND THE DISTRICT HAS
PROGRAMMED ADEQUATE CAPACITY TO TREAT WASTES FROM THE PROPOSED TRACT
EASTERN MUNICIPAL WATER DISTRICT
BY
PRINCIPAL ENGINEER OF EVELOPMENT SERVICES
02/14/22
DATE
179 L.F.
7 EA.
1,579 L.F.
1,200 L.F.
10 EA.
1EA.
INDEX OF SHEETS:
SHEET 1 - TITLE SHEET - VICINITY MAP - GENERAL NOTES -
LEGEND - CONSTRUCTION NOTES - QUANTITIES -
INDEX MAP
SHEET 2 - SORENSTAM DRIVE STA: 10+34.90 TO STA: 20+00.00 ZOELLER STREET STA.. 10+28.16 TO STA: 11+94.14
SHEET 3 - SORENSTAM DRIVE STA: 20+00.00 TO STA: 24+67.27 LOVE LANE STA: 10+18.33 TO STA: 12+02.22
DIAL TOLL FREE
8-1-1
AT LEAST TWO DAYS
BEFORE YOU DIG
UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA
BASIS OF BEARINGS:
DESCRIPTION:
THE BASIS OF COORDINATES FOR
THIS MAP IS THE CALIFORNIA STATE
PLANE COORDINATE SYSTEM, 1983,
ZONE 6, BASED LOCALLY ON
CONTROL STATIONS "REST" AND
"RABBIT".
BEARING: N 2739'52" E
BENCHMARK:
DESCRIPTION: USGS MONUMENT "REST"
BENCHMARK DISK SET IN TOP OF
CONCRETE MONUMENT STAMPED "REST
1972" ON DESERT LAWN DRIVE ACROSS
THE DRIVE FROM DESERT LAWN
CEMETERY 25.3 FT N.E. OF THE DRIVE
CENTERLINE 24.9 FT S. W. OF THE S. W.
EDGE OF THE SOUTH EASTBOUND LANES
OF INTERSTATE HIGHWAY 10
ELEV. 249 7.44, NGVD 29
PEC
A
LOWERED SEWER ON SORNENSTAM, LOVE, ZOELLER
2/22
PROACTIVE
ENGINEERING WEST
PROACTIVE ENGINEERING
CONSULTANTS WEST, INC.
25109 JEFFERSON AVE. SUITE 200
MURRIETA, CA 92562
951-200-6840
BY
MARK
DESCRIPTION
APPR.
DATE
ENGINEER
REVI S I ONS
CITY
GEORGE ALAN LENFESTEY
R.C.E. 45920 EXP. 12-31-2022
02/14/22
DATE
DESIGN BY:
HAL/GAL/MH
DRAWN BY:
HAL/MH
CHECKED BY:
HAL/GAL
SCALE:
AS NOTED
DATE:
02/14/22
JOB NUMBER:
06.002.000
CITY OF BEAUMONT, CALIFORNIA
Reviewed By: Date:
Staff Engineer
Recommended for Approval By: Date:
Approved By: Date03/09/2022
City Engineer
City of Beaumont, Public Works Department
Engineering Division
SEWER IMPROVEMENT PLANS
TRACT NO. 31462-23
TITLE SHEET - VICINITY MAP - GENERAL NOTES
LEGEND - CONSTRUCTION NOTES -
QUANTITIES - INDEX MAP
FOR:
MERITAGE HOMES OF CALIFORNIA
SHEET
1 OF 3 SHEETS
DRAWING NAME:
FILE NO.:
3402A