Agenda packet — Eastvale City Council, May 13, 2026 (part 2 of 2)

Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk - Re o der
Sp ct•: IaCrt Rr cwcrr

S U DIVISIONIMPROVEMENT AGREEMENT

THE NEW HO
FINAL TRACT MAP ` No, 38594
By and Be ve

THE CITY OF EASTVALE
a municipal corporation
and
E COMPANY SOUTHERN CALIFORNIA LLC, a
Delaware limited liability company
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RECITALS
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A. ARROYO CAP 111-2, I.,i.,C, a Delaware limited liability company ("' Arroyo `°) is the of real property located within City. a legal description of ayhiclr is attached hereto as Attachment " A" (" Property"). Arroyo and/or Developer have submitted to City an application for approval of a final tract map ft>r the Property-, The tract map is identified itr City records as ' I ract Map No. 38594 (" Tract Map"). Arroyo has executed the consent to record this Agreement which is attached hereto as Attachn
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eloper have not completed all of the work or made all of the the Subdivision Map Act ( Government Code sections 66410 et Act") the I astvale Municipal Code. the conditions of approval for Tract Map. or other resolutions, or policies of City requiring construction of improvements ill conjunction sign of land.

C. Pursuant to the Fast\Tale Municipal (' ode and tl e applicable provisions of tl e Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishingof the security therefore, acceptable to the City ngineer and City Attorney. for ` bract Map.

D. City has authority to enter into this Subdiv
to Government Code Sections 66499 - 66499.10. and as amended. tine pro
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DEFINE] TERMS
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s approval ofthe lrnal trrap liar Tract
l€a er" shall mean ` fhe Ne- I -tome Company Southern. Califor mpany. " Developer" shall also include all assignee
under this Agreement, of the rights and obligations of Developer and successor in - interest to Developer having a legal and/or equitable interet l stwurrted Costs" shall mean the City I
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Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys' fees, fees for investigators, witness fees ( both lay and expert), travel expenses, deposition and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable.

Map Act" shall mean the Subdivision Map Act, Government Code Sections 66410 et seq., and as amended.

Tract Map" shall mean the tract map prepared and approved by the City for Tract Map No. 38594.

Property" shall mean all of the real property contained within the boundaries of Tract Map located in the City of Eastvale, California, as is more particularly described in the legal description and Tract diagram attached hereto and incorporated hereby by reference at Attachment " A".

Public Improvements" shall mean and refer to the improvements identified in Attachment " B" that are located within existing or proposedpublic right-of-way required to be constructed by the City or other public entity as conditions of approval of Tentative Tract Map and as shown in detail on the plans, and specifications which have been approvedby the City and incorporated into Tract Map but shall exclude any improvements located on or associated with or required for development of lots 63, 64, 65 and 5. The Parties agree that the Public Improvements to be completed by Developer are more specifically described in the diagram or plan attached hereto and incorporated herein by reference as Attachment " B. Notwithstanding Attachment " B", Developer shall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Tract Map No. 38594 excluding any conditions associated with or required for development of lots 63, 64, 65 and 5.

Required Insurance" shall mean the insurance required to be maintained by Developer under Section 17.

Security" shall mean surety bonds in the amounts and under the terms of Section 12 or other security approvedby City Engineer or City Attorney.

Warranty" shall mean the one-year period following completion of the Public Improvements by Developer and the acceptance of the Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the Recitals, mutual promises and covenants made by the parties and contained herein and other consideration, the value and adequacyof which are hereby acknowledged, the parties agree as follows:

1. EFFECTIVENESS. This Agreement shall not be effective unless and until all four ( 4) of the following conditions are satisfied in the order provided:
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1.1 Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;

1.2 Tract Map and Agreement Approval. The City Council of the City of Eastvale (" City Council") approves the final map for Tract No. 38594 and this Agreement;

1.3 Record Agreement. Developer and City execute the Agreement and City records this Agreement in the Recorder's Office of the County of Riverside; and Upon the final completion and acceptance by City of the required Public Improvements under this Agreement, City will execute and record a Release of Agreement.

2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its sole cost and expense and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement and to the reasonable satisfaction of the City Engineer. Construction of the Public Improvements shall include any transitions and/or other incidental work shown on the approved plans and specifications and deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer, in his/her reasonable discretion, and the owner of such water or sewer system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequatelycomplete the Public Improvements.

2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost and expense obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or approval issued to Developer. Prior to commencing any work, Developer shall file a written statement with the Assistant City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service fo the Property.

2.3 Pre - approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee.

Approval of plans and specifications by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform to all other requirementsand standards set forth in this Agreement.
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2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approvedmaps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirementsapplicable.

2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assignedto them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the City requires alterations in the Public Improvements for public safety, Developer shall undertake such design and construction changes as may be reasonably required for public safety. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement.

2.7 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer and/or Arroyo shall satisfy all of the conditions of approval on the tentative map for the Property excluding any conditions associated with or required for development of lots 63, 64, 65 and 5.

3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.

City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures, except to the extent related to or caused by the negligent acts, errors or omissions or willful misconduct of City, its elected officials, officers, employees, agents or volunteers. City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the applicable Public Improvement. Developer shall maintain Public Improvements in a state of good repair until such Public Improvement is completed by Developer and approved and acceptedby City, and until the applicable security is released as set forth in Section 12.2 of this Agreement. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptableto City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer's 00005525.DOCx VI 4-
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responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.

City shall not be responsible or liable for any damagesor injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent related to or caused by the negligent acts, errors or omissions or willful misconduct of City, its elected officials, officers, employees, agents or volunteers.

4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within two years ( 24 months) following approval of the final map for Tract No. 38594.

4.1 Extensions. City may, in its reasonable discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12.0 et sec . of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer and waive any and all right to notice of such extension(s). In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion.

5. GRADING. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development by Developer of Tract No. 38594 shall conform to all federal, state, and applicable local laws, ordinances, regulations, and other requirements, including City's grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority, in his/her reasonable discretion, to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties, provided that such controls are consistent with applicable local laws, ordinances, regulations and mitigation measures. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters, as consistent with applicable local laws, ordinances, regulations and mitigation measures. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading to be done in conjunction with construction of the Public Improvements shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12.0 et seq. of this Agreement.

6. UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each tract, lot, or unit of land within Tract No. 38594, excluding lots 63, 64, 65 and 5, in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the 00005525.DOCX V I 5-
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utilities or agenciesproviding such services. Except for commercial or industrial properties and lots 63, 64, 65 and 5, Developer shall also provide cable television facilities to serve each tract, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessinga valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground.

7. FEES AND CHARGES. Developer shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any applicable impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No. 38594, or as required by other governmental agencieshaving jurisdiction over Tract No. 38594.

If the City inspector requests it in his/her reasonable discretion, the Developer at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein provided and unsuitable materials or work may be rejected prior to City acceptance notwithstanding that such materials or work may have been previously overlooked.

9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, following notice and an opportunity to cure as set forth below in Section 16, Developer and its surety shall be jointly and severally liable to City for all reasonable administrative expenses, fees, and costs, including reasonable attorney's fees and costs, actually and necessarily incurred in good faith in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law provided that City is the prevailing party.

10. ACCEPTANCE OF IMPROVEMENTS; AS - BUILT OR RECORD
DRAWINGS. The City Council may, in its reasonable discretion, accept fully completedportions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement.

10.1 Developer's Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of Riverside a notice of completion in content substantially similar to that required under California Civil Code section 3093, at which time the acceptedPublic Improvements shall become 00005525.DOCX VI } 6-
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the sole and exclusive property of City without payment therefore. Any security furnished by the Developer in connection with the construction of the Public Improvements which are acceptedby the City either in total or partially shall be release in whole or in part pursuant to Government Code Section 66499.7, as amended and Section 12.2 of this Agreement.

10.2 City Acceptance of Public Improvements. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements; provided, however that City shall provide partial release of security as set forth in Section 12.2 of this Agreement

10.3 Developer's Obligation to Provide As - Built or Record Drawings.

Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one ( 1) set of " as - built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changesincorporated therein.

11. WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees all Public Improvements againstany defective work or labor done, or defective materials furnished in the performance of this Agreement, for a period of one ( 1) year following completion of the applicable Public Improvement(s) and acceptance by City (" Warranty Period"). During the Warranty Period, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the applicable ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the reasonable approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty Period shall be at the sole cost and expense of Developer and its surety. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty Period or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.

12. SECURITY; SURETY BONDS. Prior to City's approval and execution of this Agreement, Developer shall provide City with surety bonds or other security in the amounts and under the terms set forth below. The amount of the Security shall be based on the City Engineer's Estimated Costs. If City determines at any time prior to Developer's completion of the Public Improvements under Section 4 [ Construction Schedule], in reasonable discretion, that the Estimated Costs have materially changed, Developer shall adjust the Security in the amount requestedby City. Developer's compliance with this provision ( Section 12.0 et sec .) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement.

12.1 Performance Bond or Other Security. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement and to protect City if Developer is in default as set forth in Section 16 of this Agreement, Developer shall provide City a faithful performance bond or other security in the amount of Twelve Million Nine Hundred Seventy Seven Thousand Dollars ($ 12,977,000.00), which sum shall be one hundred percent 100%) of the Estimated Costs. To secure Developer's obligations during the Warranty Period as set forth in Section 11 above, upon City's acceptance of the applicable Public Improvements, at Developer's discretion either ( i) City shall release the performance bond or other security and 00005525.DOCX VI} 7-
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Developer shall provide City a bond or other security in the amount of One Million Two Hundred Ninety -Seven Thousand Seven Hundred Dollars ($ 1,297,700.00), which sum shall be not more than ten percent ( 10%) of the Estimated Costs for such Public Improvements, or ( ii) the performance bond or other security shall be reduced to such amount and held for a period of one 1) year following said acceptance.

12.2 Partial Release. The City Council may, in its reasonable discretion, and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 38594, and the total remaining Security is not less than twenty-five percent ( 25%) of the Estimated Costs. Except as otherwise set forth in this Section 12.2, the process for partial release of the Security shall be in accordance with Government Code Section 66499.7, as amended, or as otherwise provided under applicable City ordinances. All Security provided under this section shall be released upon City's acceptance of the Public Improvements (except to secure Developer's obligations during the Warranty Period in accordance with Section 12.1 above), provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 38594.

12.3 Labor & Material Bond or Other Security. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond or other security in the amount of Six Million Four Hundred Eighty -Eight Thousand Five Hundred Dollars ($ 6,488,500.00), which sum shall be fifty percent ( 50%) of the Estimated Costs. The amount of such Security may be reduced to the total of all stop notice or mechanic's lien claims that have been recorded and notice given in writing to the City Council, plus an amount equal to twenty percent ( 20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. If no claims have been recorded, the Security shall be released in full in accordance with Government Code Section 66499.7, as amended.

12.4 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VIII, be a bank or insurance company licensed to transact surety business in California, and shall be satisfactory to City in its reasonable discretion. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

12.5 Form of Security. The evidence of the Security shall be provided on the forms set forth in Attachment " C", unless other forms are deemed acceptableby the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Attachment " C" and incorporated herein by this reference.
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12.6 Developer's Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to cooperate with City to facilitate City's realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument other than commencing to cure an alleged default or violation. Notwithstanding the giving of any Security instrument or the subsequentexpiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be responsible for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten ( 10) days after written demand therefore, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12 if existing Security expires.

12.7 Survey Monument Bond or Other Security. Prior to City's execution of this Agreement, to guarantee payment to the engineer of record or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. 38594 in compliance with the applicable provisions of City's Municipal and/or Development Code Subdivision Monuments"), Developer shall provide City a Survey Monument Bond or other security in the amount of Twenty Nine Thousand Dollars ($ 29,000.00), which sum shall not be one hundred percent ( 100%) of the costs of setting the Subdivision Monuments as determined by the Engineer of Record or Surveyor. Said Bond or other security may be released by written request of the Engineer of Record or Surveyor after all required Subdivision Monuments have been set, acceptedby the City Engineer in his/her reasonable discretion, City has received written acknowledgment of payment in full from the engineer of record or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 38594.

13. SIGNS AND ADVERTISING. Developer understands and agrees to City's applicable ordinances, regulations, and requirements governing signs and advertising structures, including the summary removal by City, without notice to Developer, of all such signs or other advertising structures erected, placed, or situated in violation of those City ordinances, regulations, or other requirements. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to unlawful signs, advertising structures, or their removal.

14. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency ( other than City), arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, reasonable attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all reasonable legal expenses and costs incurred by each of them.

This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City, its elected officials, officers, employees, 00005525.DOCX VI } 9_
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or agents as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify City shall survive the expiration or termination of this Agreement, or any Warranty Period described herein, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

15. INSURANCE.

15.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

15.1.1 General Liability. Developer shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $ 3,000,000 per occurrence and $ 6,000,000 in aggregate for bodily injury, personal injury, and property damage. Developer's contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $ 1,000,000 per occurrence and $ 2,000,000 in aggregate for bodily injury, personal injury, and property damage.

15.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $ 1,000,000 per occurrence. Such insurance shall include coverage for the Developers, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

15.1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $ 1,000,000 per occurrence, at all times during which insured retains employees.

15.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $ 1,000,000 per occurrence, shall be procured and maintained for a period of five ( 5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.

15.2 Deductibles. Any deductibles or self - insured retentions must be declared to and approved by City. At the option of City, either: ( a) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or ( b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

15.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall 00005525.DOCx V I ) 10-
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contain standard separation of insured provisions and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.

15.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damageor harm covered by such policy.

15.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signedby a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approvedby City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

15.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City.

15.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A -: VII.

16. DEFAULT; NOTICE; REMEDIES.

16.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall commence the work required to remedy the default or violation within ten ( 10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Developer shall commence the required work within twenty-four ( 24) hours thereof. Should Developer fail to commence the required work within 10 days, or 24 hours, as applicable under this Section 16.1, Developer and its surety shall be liable to City for all costs to remedy the default or violation and associated administrative costs expenses as provided for in Section 9.0 of this Agreement.

16.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecutedto a substantial completion acceptableto City within a reasonable time designated by the City, in its reasonable discretion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense 00005525.DOCx VI ) 11-
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of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreedupon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequatecoordination by City.

16.3 Other Remedies. No action by City pursuant to this Section 16 of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently, cumulatively, or in any manner authorized under law or in equity. City may institute an action for damages, injunctive relief, or specific performance, provided, however, that in no event shall a party be liable for any speculative, consequential or punitive damages, and in no event shall any partner, officer, director, member, manager, shareholder, employee, affiliate, representative or agent of Developer or any general partner or member or manager of Developer or any of their members, managers, officers, directors, shareholders, employees, representatives, agents or affiliates be personally liable for any default or violation of this Agreement or for any amount which may become due under the terms of this Agreement.

17. GENERAL PROVISIONS.

17.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

17.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

17.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the languageof this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar daysand not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphsare for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

17.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designateby written notice:
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CITY:

City of Eastvale
Attn: City Engineer
12363 Limonite Ave. Suite 910
Eastvale, California 91752
DEVELOPER:

The New Home Company Southern California
Attn: Michael Battaglia, Division President
15231 Laguna Canyon Rd, Suite 250
Irvine, CA 92618
With a copy to:

ARROYO CAP II1-2, LLC
do Arroyo Capital
Attn: Jeffrey Brouelette
18575 Jamboree Road, Suite 350
Irvine, CA 92612
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile or electronic mail, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

17.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signedby both Parties.

17.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

17.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City which shall not be unreasonablywithheld, conditioned or delayed, provided, however, that Developer shall have the right to assignthis Agreement to an entity that is wholly owned and controlled by it or by its parent company or to ARROYO CAP III - 2, LLC, a Delaware limited liability company. Any attempt to do so in violation of this section shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. An authorized or approved assignment, hypothecation, or transfer shall release and discharge Developer from any duty or 00005525.DOCX VI } 13-
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responsibility under this Agreement, and Developer's bonds and Security shall be replaced with bonds or Security from the authorized or approved assigneeor transferee.

17.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assignany right or obligation.

17.9 No Third - Party Beneficiaries. There are no intended third - party beneficiaries of any right or obligation assumed by the Parties.

17.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

17.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

17.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.

17.13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract Map, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

17.14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

17.15 Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approvedby the City and executed by the appropriate authorities of City and Developer.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first - above written,

CITY OF EASTVALE,
a Municipal Corporation
of the State of California
By:

APPROVED AS TO FORM:

Erica Vega
City Attorney
Developer
The New Hon e Company Southern California LLC.
a Delaware limited liability company
By:

Name:

Title:
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304
INSTRUCTIONS: If the Developer is a corporation, the Agreement must be executed in the corporate name and signed by the President or a Vice - President and the Secretary or Assistant Secretary and the corporation seal affixed. If the Developer is a partnership, it must be signed by all partners. If the Developer is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The Agreement must be notarized by the Developer. 00005525.DOCX VI } 16-
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
q s . , 8110C t•: 1311 ADA 0.1143:t
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docu to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On December 19, 2023
Date
personally appeared
f Signer(s)
before me, Sherry ( very, Not . ryPublic
Here Insert Name and Title of tife Officer
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.

SHERRY (VERY
Rotary Public - California
range County
Commission tl 2403177
My Comm, Expires May 4, 7026
Place Notary Seal and/ ar Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal
Signature
Signatdfre of Notary Public
w . r. ,_..

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document Subdivision Improvement Agreement Final Tract Map # 38594mmrv_.

Document Date: December 19, 2023
Signer(s) Other Than Named Above: n/a
Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Title(s):

Partner — 0 Limited 0 General
Individual 0 Attorney in Fact
Trustee 0 Guardian or Conservator
O Other:

Signer is Representing:

Number of Pages: 16
Signer's Name:

E7 Corporate Officer — Title(s):
o Partner 0 Limited 0 General
Individual 0 Attorney in Fact
o Trustee o Guardian or Conservator
Other:.

Signer is Representing:
e o3 1
02019 National Notary Association
306

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF
On , before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL
0 CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY - IN - FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

NAME OF PERSON(S) OR ENTITY(IES))

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
00005525.DOCX VI }
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ATTACHMENT " A"

LEGAL DESCRIPTION OF PROPERTY
TRACT MAP NO. 38594

LEGAL DESCRIPTION
See Attached]
00005525.D0CX VI } 1 SUBDIVISION IMPROVEMENT AGREEMENT
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PRELIMINARY REPORT
YOUR REFERENCE:

EXHIBIT " A"
LEGAL DESCRIPTION.

Chicago Tide Company
ORDER NO.: 00200392-996-SD1-RT4

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF EASTVALE, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA„ AND IS DESCRIBED AS FOLLOWS:

PARCEL A:

PARCEL A OF LOT LINE ADJUSTMENT 2022-001, RECORDED AUGUST 24, 2022 AS INSTRUMENT NO. 2022-0370918 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

BEING PORTIONS OF PARCELS 1 & 2 OF LLA 4808, RECORDED MAY 20, 2005 AS INSTRUMENT NO. 2005- 0402271 OF OFFICIAL RECCOR , IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY,

STATE OF CALIFORNIA, TOGETHER WITH PORTIONS OF THE SOUTHEAST QUARTER OF THE

SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 24, TOWNSHIP 2 SOUTH, RANGE 7 WEST, AS SHOWN BY SECTIONALIZED SURVEY OF JURUPA RANCHO PER 6C QK 9 PAGE 33 OF MAPS. RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLYDESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID FRACTIONAL SECTION 24, SAID POINT BEING' THE CENTERLINE INTERSECTION OF LIMONITE AVENUE ( 76.00 FEET IN WIDTH — SOUTH HALF) PER TRACT NO. 28943, FILED IN BOOK 426, PAGES 17 THROUGH 21 INCLUSIVE OF MAPS ( 20.00 FEET WIDTH — NORTH HALF) PER DEED RECORDED JUNE 23, 1947 IN BOOK 836, PAGE 534 DEEDS, AND SCHOLAR WAY ( 50.00 FEET IN WIDTH — WEST HALF) PER TRACT NO. 32821-1, FILED IN BOOK 440, PAGES 46 THROUGH 49 INCLUSIVE OF MAPS:

THENCE ALONG THE CENTERLINE OF SAID SCHOLAR WAY NORTH 00"04'34" WEST 1176.91 FEET; THENCE DEPARTING SAID CENTERLINE NORTH 89'55°10" EAST 688.93 FEET TO A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 838.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 69°51'43' WEST, SAID POINT HEREINAFTER REFERRED TO AS POINT " A";
THENCE NORTHEASTERLY 1020.61 FEET ALONG SAID NON - TANGENT CURVE THROUGH A CENTRAL ANGLE OF 69''46'53";
THENCE TANGENT FROM SAID CURVE NORTH • 89'55'
THENCE NORTH 44"55'10" EAST 21.21 FEET;
THENCE NORTH 89`55'10" EAST 76.00 FEET;
EAST 154,17 FEET;
THENCE SOUTH 00'04'50' EAST 282.86 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 762.00 FEET,
THENCE SOUTHEASTERLY 1196.95 FEET ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90°00'00'„
THENCE TANGENT FROM SAID CURVE NORTH 89"55'10- EAST 157.01 FEET TO A POINT ON THE CENTERLINE OF HAMNER AVENUE ( 76.00 FEET IN WIDTH) PER PARCEL MAP NO. 30810, FILED IN BOOK 205, PAGES 1 THROUGH 4 INCLUSIVE OF PARCEL MAPS;
THENCE ALONG THE CENTERLINE OF SAID HAMNER AVENUE SOUTH 00'04'02" EAST 66.34 FEET TO THE NORTHEAST CORNER OF PARCEL 3 AS DESCRIBED IN THAT CERTAIN DEED RECORDED JANUARY 09, 2017 AS INSTRUMENT NO. 2017-0009667 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY CLTA Preliminary Report Form -- Modified ( 11P17/O6) Page 3 0005525.1:)oCX V11 1 SUBDIVISION 1MPROVENIVNT AG
1617175.5
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PRELIMINARY REPORT Chicago TsM Company
YOUR REFERENCE. ORDER NO.: 00200392.996 - SD 1 •RT4

EXHIBIT A
Continued)
RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY LINES OF SAID PARCEL 3 THE FOLLOWING THREE ( 3) COURSES:
1, SOUTH 89°55'56'" WEST 208.70 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3;

2. SOUTH 00°04`02 EAST 208.70 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3;

3. NORTH 89"55'58" EAST 208.70 FEET TO A POINT ON THE AFOREMENTIONED CENTERLINE OF HAMNER AVENUE, SAID POINT BEING THE SOUTHEAST CORNER OF SAID PARCEL 3:

THENCE ALONG THE CENTERLINE OF SAID HAMNER AVENUE SOUTH 00'04'02' EAST 420.00 FEET TO THE CENTERLINE INTERSECTION OF SAID HAMNER AVENUE AND LIMONITE AVENUE; THENCE ALONG THE CENTERLINE OF SAID LIMONITE AVENUE SOUTH 89'54'39" WEST 2639A0 FEET TO

THE POINT OF BEGINNING,

EXCEPTING THAT PORTION LYING WITHIN HAMNER AVENUE, DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 08, 1943 IN BOOK 569, PAGE 86 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:

COMMENCING AT THE AFOREMENTIONED POINT ' A';
THENCE NORTH 89'55'14' EAST 81.55 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 762.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 67`44'32" WEST, SAID CURVE ALSO BEING 76,00 FEET SOUTHEASTERLY AND CONCENTRIC WITH THE AFOREMENTIONED CURVE DESCRIBED AS CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 838.00 FEET, AN ARC LENGTH OF 1020,61 FEET AND A CENTRAL ANGLE OF 69°46'53"; THENCE NORTHEASTERLY 710.34 FEET ALONG SAID NON - TANGENT AND CONCENTRIC CURVE THROUGH A CENTRAL ANGLE OF 53'24'dO THENCE NON - TANGENT FROM SAID CURVE SOUTH 00'04'50' EAST 448.94 FEET; THENCE SOUTH B9°55'10" WEST 517.24 FEET TO THE TRUE POINT OF BEGINNING, APN' 164-.030-043
PARCEL B:

THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 7 WEST,

SAN BERNARDINO MERIDIAN, IN THE CITY OF EASTVALE, COUNTY OF RIVERSIDE, STATE OF

CALIFORNIA, AS SHOWN BY SECTIONALIZED SURVEY OF THE JURUPA, RANCHO, AS SHOWN BY MAP ON FILE IN BOOK 9. PAGE 33 OF MAPS, SAN BERNARDINO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION, 420.00 FEET NORTH OF THE

SOUTHEAST CORNER THEREOF,
THENCE WEST 208.70 FEET;
THENCE NORTH 208.70 FEET;
CLTA Pre nary Report Form — Modified ( 11/17106) Page 4 001105525.1)OCX V I SUI3I)IVI w()VP.Mr113''II
1617475.5
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PRELIMINAFW RERCRT Olivine, Tine Coniipany
YOUR REFERENCE: ORDER N O00200392496iSDPRT4

EXHIBIT
Continued)
THENCE EAST, 208.74 FEET TO A POINT ON THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG SAID EAST LINE, 20810 FEET TO THE POINT OF BEGINNING, EXCEPT THE EAST 30,00 FEET THEREOF FOR STATE HIGHWAYS DESCRIBED IN A DOCUMENT TO THE STATE OF CALIFORNIA RECORDED JANUARY 08, 9943 IN BOOK 569, PACE 86 OF OFFICIAL RECORDS OP RIVERSIDE COUNTY, CALIFORNIA.

APR 16I-30-1193
CLTA Pre t rtin ery Report Form M died 7/06 Page 5
00005525.DOCX \` I; 1 131:9I\`1SIO iitlt'I C1!`I:vit:v
6117475.
311
ATTACHMENT " B"

LIST OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 38594
00005525,DOCX V I } 1 SUBDIVISION IMPROVEMENT AGREEMENT 1617475.5
312
ATTACHMENT " C"

SURETY BONDS OR OTHER SECURITY
TRACT MAP NO. 38594
As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signaturesthereto:

PERFORMANCE BOND OR OTHER SECURITY PRINCIPAL
AMOUNT:

Surety: Everest National Insurance Company
Attorney - in -fact:

Address: Warren Corporate Center
100 Everest Way
Warren, New Jersey 07059

MATERIAL AND LABOR BOND OR OTHER SECURITY
PRINCIPAL AMOUNT:

Surety: Everest National Insurance Company
Attorney - in -fact:

Address: Warren Corporate Center
12,977,000.00
6,488,500.00
100 Everest Way
Warren, New Jersey 07059

SURVEY MONUMENT BOND OR OTHER SECURITY
PRINCIPAL AMOUNT: $ 29,000.00
Surety: Everest National Insurance Company
Attorney - in - fact:

Address: Warren Corporate Center
100 Everest Way
Warren, New Jersey 07059
00005525.DOCX VI ) 1 SUBDIVISION IMPROVEMENT AGREEMENT
1617475.5
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T " D
Proper-, Consent
ARROY( CAP Ill-"? LL.C. a Delaware limited liability company, bein tl e cr ner of the real property described is Attachment `' A" to this Subdivision Improvcrzrent i bctrveen thL City ol` Last ale a C alib iro pal corporation and The New Souther] C"alifornia LI,C, a [ elaware limited liability company ( the `' Agreenucr t'"). does hereby consent to and expressly authorizes tl e recordation of saki Agreement in the O ficial Records of he County ol` IRiverside.

ARZOYC:
t Delawar hility COM
Arroyo Capital III, LLC.
a are limited liability corm - in
Sole me.nrber
SU.B ) iVI 1t)N [ 1i1'1 1 4'1 III: T A,Ci . EE;5'ii:N_
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BOND Na ES000163000
INITIAL PREMIUM: $ 64,885.00/Annual

SUBJECT TO RENEWAL

CITY OF EASTVALE
PROJECT NO. Tr. 38594 SUBDIVISION IMPROVEMENT BOND
Faithful Performance)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Eastvale, California (" City") and The New Home Company Southern California LLC, a Delaware limited liability company (" Principal"), have executed an agreement for work consisting of, but not limited to. the furnishing all labor, materials, tools, equipment, services, and incidentals for specified improvements, survey monuments and required facilities for Tract Map No. 38594 (" Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated , 2023 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW. THEREFORE. Principal and Everest National Insurance Company (" Surety"), a corporation organized and existing under the laws of the State of Delaware . and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of Twelve Million Nine Hundred Seventy Seven Thousand Dollars 12,977,000.00),said sum being one hundred percent ( 100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns. jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if 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, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 100005523 DOCX V I l 1 SUBDIVISION IMPROVEMENT AGREEMENT 16174735
315
As part cal' the obli secured hereb , and in ttcltl tictn to flee l tee amount specified thcret rrc. these shall be included costs and reasonable expenses and l`,t;cs, including reasonable wd by City in staccessf rll) enforcing such obligation, all to be taxed as costs judgment rendered.

Surety. Isar value received. hereby stipulates and
altet ation. or addition to the terms ol`the Improvement , specifications related thereto. or to the Public Improvements to be constructed thereunder, shall in an) N. al`I ct its obligations on this bond. and it does hereby' saive notice of such change. extension of`time. ialteration, or addition.

Code
the one
I'his bo
a
d is executed tantl Bled to comply° itla Section 66499 et seq. of iia as security f'sr performance of the Improvement Agreement antce and warrant) of the Public Itntarovements.
curity
IN ' fI"NLSS \\ I II' RFC)I= the seal and sign itut°c crf the Principal is hereto of ixed, and the corporate seal and the name of the Surety is hereto al"Fixed and attested by its dui\ authorized Attorney - in - fact at Orange, CA this 11th day of December 2023 The New Home Company Southern alitornta
a Delaware limited liability company
Principal
Everest National Insurance Company
Surety
Cheryl L. Thoma
print name)

INSTRUCTIONS
rue ahul e bond must be exceuted by' both the Principal and thee Surety.

Ifttrt Principal is a corporation, tare bond must be exectitecd in the corporate name and signed by the President or a Vice - President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, it must be signed by all partners. II' the Principal is an Individual doing business under a fictitious name, it must be signed by all persons having an interest in the business and the fictitious name must he signed :also. The bond must be notarized by both the Principal and the Surety.

The bond, after approval, must he filed with the Assistant Cit Clerk of the City of Eastvale.

I r3I)i\'I:;IU \ iI \ .\( Ri•i.Mr•.S
473
316

ALL- PURPOSE

CERTIFICATE OF 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 Orange
On December 11, 2023 before me„ Susan E. Morales, Notar, more etserr name and e
Public
personally appeared Cheryl L. Thomas
who proved to me on the basis of satisfactory evidence to be the person( whose name() isfare subscribed to the within instrument and acknowledged to me that he/she/t#ee executed the same in i-ri 1her/t etr authorized capacity{iO, and that by i--"rs/hentI°retr signature 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.
ary Public Signature
t
N( tarp+ Public Seal)

ADDITIONAL OPTIONAL INFORMATION
rht.v,,

DESCRIPTION OF THE ATTACHED DOCUMENT
other Slab^^.rr rimy' I,t' i nrrrph't. c1
avrr'clutd; drr,r.r ri,r1 rnvrnrrt. the ( u!: etnurr rrrrrur r' rrf 1'rr STI'
A.

Bond # ES00016300
iT'stle or description of attached document)
Everest NationalInsurance Company
Title or descri ton of attached do cumentp ocument continued) Number of Pages Document Date_ 12/11/23
CAPACITY CLAIMED EtY THE SIGNER
Individual ( s)
E Corporate Officer
Title)
t7 Partner(s)
E] Attorney - in - Fact
Q Trustee(s)
Other
SUSAN E. MORALES
COMM, # 2444309 H
Ft' PUP, IC- CALtEC,Ri' A
ORANGE COUNTY f
Expirio April Id, 2E27
rdt.r a-ra;rrrr/frt,I; £
rArrranrt'elf irkr
S.urt. : arul (' canto ull,rmauon must he the Slate and Taus segneilsI personally helUre the uoIaI ' public for aeknmr`fetl rnet I)aie ul not.r i>;uIon must be the dale that the siuncrlst personalty appeared rst lutist al t, he the writer dine the achuo+rledpmetir k e,tntpleled. lie £ rtcian puhlir ions] prim his or her nacre as it tippe:rrs huh r,tnut€i,.seam tint u'a'ed he a comma and Men r,'iur. title I li ar' 1,931711e).

Prim the namcl.al , tl d,' umcnt hi:t rust 6 hl) itresunaltc appean at the tune , tt n,,,' utid'.rtitin.

PneCrrrrl tCMuindie.ute the correct simi lar or plural Pintas ssensst ol r her
he sheltie! Is. sor 'e I + 7r e n ixt_^ the correct forms.forms.lain€re tit eor ertl4 indicator tI It ill nuts lead E,5 £ v"le'sston +.. 31 el{4e
int Ina
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the ettunite clerk,
Addititn€at iatiktrnta9lctn i
aeknurcrletl rt€ € rt €. s n t mu,us
inclicatc Inez Fir ty'l r tI'ata;, to
Indicate the crapalcult claimed Its
corporate i"I'hrer, uttdscare the title it,.

Sceurelo ..!€ sett tlt€:+cdEccatrtt nt to ] Ire a€ nave 1 BJssptes5ttan suit..

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ht.n,ttnre on tile vi
IIy reprrnduciblr.
ir
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rusu1' this
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It' the , lam ed capacity is a
Srerrtart 1_
aple
317

CALIFORNIA ACKNOWLEDGMENT
OVA Med3.1
CIVIL CODE § 1189
car arum rwoocteXiee
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 © range
On December 12, 2023 before me, Sherry ( very, Notary Public Date
personally appeared Michael C, Battaglia
Here Insert Name and Title rof the Officer
Name(s) of Sign s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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.

SHERRYIVERY
tary Public • California
Orange County
Commission # 2403977
Comm, Expires May 4, 2026
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand arty o`ficial seal,

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document
Title or Type of Document: Everest National Insurance Company - ( Faithful Performance Bond # ES00 3000) Document Date; Number of Pages:

Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Corporate Officer — Tltle(s):

O Partner — o Limited 0 General
O Individual 0 Attorney In Fact
O Trustee 0 Guardian or Conservator
0 Other: _
Signer is Representing:
2019 National Notary Association
Signer's Name:

O Corporate Officer — Title(s):

Partner — 0 Limited 0 General
O Individual 0 Attorney in Fact
O Trustee a Guardian or Conservator
Other:

Signer is Representing:
318

POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware Company) having their pnncipat offices located at Warren Corporate Center, 100 Everest Way. Warren, New Jersey, 07039, do hereby nominate, constitute, and appottnt:

Shane Wolf, Cathy S. Kennedy, Beata A. Sens{, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attorneyjsj-irefact to make^, execute, attest, seal and deliver for and on its behalf. as surety, and as et act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sure of no one of which is in any event to exceed UNLIMITED, reserving for itself the felt power of substitution and revocation:

Such bonds and undertakings, when duly executed by the aforesaid Attorney(s }- in-fact shall be binding upon the Company as fully and to the same extent as it such bonds and undertakings were signed by the President and Secretary al the Cornpany and sealed with its corporate seat.

This Power of Attorney is granted and is srgred by facsimile under and by the aulhor ty of the following Resolutions adopted by the Board of Directors of Company (" Board' j on Apol 21., 2016::

RESOLVED that the President„ arty Executive Vice President. and any Senior Vice President are hereby appointed by the Board as authorized to make. execute, seal and deliver for and on hefted of the Company. any and all bonds, undertakings. contracts or obligations in surety or co - surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby rs authonzed to attest to the execution of any wolf) bonds. undertakings, contracts or obligations m surety or co=surety and attach thereto the corporate seal of the Company.

RESOLVED, FURTHER, that the President. any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qua/ifying the attorney named in the giver? power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co - surety with others. and that the Secretary or any Assistant Secretary of the Company tie. and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate Seal of the Company.

RESOLVED, FURTHER, that this signature of such officers named in the preceding resolutions and the corporate seal of ftae Company may be affixed to such powers of attorney or to any certificate retating thereto by facsimile, and any such power of attorney or certificate hearing such facsimile signatures or facsirnrfe seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co - surety with others to wlaicli rtes allac/isd IN WITNESS WHEREOF, Everest Reinsurance Company and Everest Nab onat tlr surance Company have caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 10' day of October 2023, Everest Reinsurance Company and Everest National Insurance Company By: Anthony Romano. Senior Vice President
On this 22" of March 2023. before me personally came Anthony Romano, known to me. who, being duly sworn, did execute the above instrument: that he knows the seal of by like order.said Company; that the seat affixed to the aforesaid instrument is such corporate seal and was affixed thereto', and that he executed said Instrum

LINDA ROBINS
Notary Public, State of New York
No 0rR06230730
Ouallfied in Queens. County
Term Expires April 25, 2027
Linda Robins Notary Public
I, Sylvia aenrerdlian, Assistant Secretary of Everest. Reinsurance Company and Everest National Insurance Company do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sect err of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney„ with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the sane are correct transcripts thereof. and of the whotc of the said orgi rats, and that the said Power of Attorney has not been revoked and is now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed th id Company, this 1 By Sy
h day of December 202 3
a Semerdjian, Assistant Secretary
ES 0001 } 416
319
BOND NO. ES00016300
INITIAL PREMIUM: included with the Performance Bond

SUBJECT TO RENEWAL

CITY OF EASTVALE
PROJECT NO. Tr. 38594 SUBDIVISION IMPROVEMENT BOND
Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Eastvale California (" City") and The New Home Company Southern California LLC, a Delaware limited liability company ('` Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for specified improvements, survey monuments, and required facilities for Tract Map No. 38594 (" Public Improvements"); • WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated , 2023 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 ( commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and Everest National Insurance Company (- Surety"), acorporation organized and existing under the laws of the State of Delaware , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companiesor corporations furnishing materials, provisions, and other supplies used in, upon. for or about the performance of the Public Improvements, and all persons, companiesor corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of Six Million Four Hundred Eighty - Eight Thousand Five Hundred Dollars ($ 6,488,500.00),said sum being 50% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
100005525 DOCX VI I 1 SUBDIVISION IMPROVEMENT AGREEMENT 1617475 5
320
therefor
TI Il COND ION 01: TI IIS C 1 1•li; 1"l ION IS Sl.1C:"I I that it` the Principal his 01 its subcontractors. heirs. executors. administrators. successors. or assigns. shall fail to pay for any prov°isiaatas, tar c ther supplies or machinery used in. upon. fear or about the pe aprovements. or for work or labor thereon of any kind. tai fiail to latay zany d in Calllbrnia Civil Code Section _ i I iS1. or amounts due under tlae l.dtaemlilo mcnt cc Code vvith respect to work or labor performed by any such claimant, or fearany ataaounts a ithheld. and paid over to the Employment Development Department s of tltc contractor and his subcontractors pursuant to Section 13020 of the t,lnctaa loy°meat Insurance Code yyith respect to such wort: and labor, and all other applicable laves cafthe State of California and rules and regulations of'its t envies. then said Surety vv il l pay the same in or to an amount not exceeding_ the sum specified herein.

As part of the obligation secured Iaeteby. raaatl in addition to the face amount specified shall be included costs and reasonable expenses and fees, including reasonable incurred by Cit in successfully enforcing such obligation. all to be taxed as costs ded in any judgment rendered.

This bond is executed and tiled to comply yy ith Section 6t 499 Government Code as security for payment to contractors. subcontractors. and personas furnishing labor. materiaIs. or equipment for constructica't ol`the Public improvements or pe Iniprovxement Agreement. it is hereby expressly stipulated attd agreed that this bond shall int the benefit of any and all persons. companies. and corporations entitled to file claims under ` i itle 15 ( commencing with Section 3082) of Part 4 of Division 3 cafthe California Civil Code, so as to give a right of`aetion to them or their assigns in any suit hrougt t upon this bond.

Surety', for value received. I
ration. or addition to th
related thereto.
obligations
alteration_ or addition.

IN TNESS WI ! ERE
corporate seal and the name of tl
Attorney - in - Fact cal Orange. CA
fates ant
provement
1 aand signature t
The New Home Company Southern California LLC,,
a Delaware limited liability company
cipal
Its: steams aher
Cali
Opal is her etca affixed. and the
d attested by its duly authorised
f December 2023
Everest National Insuran Company
Sr'lilDIVISI()\ i\-ti'Ri )\ i:Atr S I ,.(; RI I
I t, 1 7-
321
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE " 1189
tt
A notarypublic or other officer completing this certificate verifies onlythe identity of the individual who signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of © range
on December 12, 2023
Date
personally appeared Michael C. Battaglia
before me, Sher very, Note ry Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) v#chose 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 cepacity(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.

SHERRYiti'
Public -
eCounty
Comm slrrn # 2403[77
My Comm. Expires May 4, 20'26
Place Notary Seal and/or Step Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and of iclal seal,
Signature

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Notary Public
Description of Attached Document
Title or Type of Document: Everest National Insurance Company ( Lnbar lvioterials - Bond # ES00o1630 Document Date:

Signer(s) Other Than Named Above: NIA
Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer - Title(s); 0 Corporate Officer - Ti
Partner - Limited 0 General Partner - 0 Limited General Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator Other: © Other:

Signer is Representing: Signer is Representing;
Number of Pages:

Signer's Name:
fit 2019 National Notary Association
wommeaufgat
322
ALL- PURPOSE.

State of California
County of Orange
On December 11, 2023 before me, Susan E. Morales, Notar Were insert name ann
Public
personally appeared Cheryl L. Thomas
who proved to me on the basis of satisfactory evidence to be the person(si whose namefs) isfa-re subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in hislher/ authorized capacityfiees), and that by iiis/herftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons-) 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.

AOr1rr, - 41 . n") cr?
o Public Signature Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION. INSTRUCTIONS FOR COMPLETING THIS FORM

SUSAN E, MORALES
COMM. # 2444309

NOTARY PUBLIC- CALIFORNIA Q
ORANGE COUNTY — k
MY COMM. Esp'aresApril 14, 2027

DESCRIPTION OF THE ATTACHED DOCUMENT
Bond # ES00016300
Title or description of attached document)
Everest National Insurance Company
Title or description of attached document continued)
Number of Pages Document Date 12/11/23

CAPACITY CLAIMED BY THE SIGNER
d Individual ( s)
I: Corporate Officer
Title)
El Partner(s)
D Attorney - in - Fact
Trustee(s)
Other
Tllr r` f(i'sie cirrrl'11les with Curlenrrent ntlrjini nru slurnrrs regarding Irnlwl' wordlrt,g e7 tS, fneeded, x(wrdo' becompleted mid attar/tetttothe document. rlikolu'cdt;cntr mnii other states may he completed fur documents being,emit 1n ! tort Stare . an long us th e worelm,e does not rcgnn e the C"uhfarrnu notary to violate C'ah%ornrrr notary law.

Stale and county information must be the State and County where the document signer( s) personallyappeared bclore the notary public for aeknrzu lodgment, Uatc of notarization must be the elate that the sigrterts) personally appeared which must also be the same date the acknowledgment is completed. line notary public must print his or her name as it appears within his r her coimnlStiiun Iullowed by a comma and then your title ( moors prdblicl Print the name(s) oI doer Intent signerlsi who personally appear al nlltarizal loll.

Indicate the correct sinevhur or plural forms by cr 1ssi11grtl` inerrrreer ) arms Iw she hey, is taw 1 or circling the unrcn forms. ' al cenm : thy indicate chits mlim'nation may lead to rejection of document recording, he notary ; cal impression must he clear and photo^_ra
hntaression must not cover test or lines, II` seal impression smudges, re - seal if a sriflkiertt urea ttcrelils, iaberwise complete a diflerent acknottiedgme Siitnatul"e of Llte nt>mar ° ttellalic oust match the Signature on file with the ullice of the county cleric
Additional inlnnnarion is not required hum could B'telp to ensure this went is not misused or attaches mes a dilfererti document.

Indicate title or
type of attached document, number of pages and d:

Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the Lille Ii,e. C'NI ), C'FOE Secretary).

Securely attach [ Isis latcum eat to the signed document with a staple 323

POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY P
PERSONS BY THESE PRESENTS. That Everest Reinsurance Company and Everest National tnsurarlce Cornpany, corporations of the State of Delaware having their principal offices located at Warren Corporate Center, 100 Everest' Way, Warren. New Jersey. 07059. do hereby nominate. constitute, and appornl Shane Wolf, Cathy S. Kennedy, Beata A. Sensl, Cheryl L. Thorrtas, Todd M. Rohm, Wrenetta Walker its true and lawful Attori'ey(s ii1-fact to make, execute, undertakings in the nature therec 6, for ifae penal sum of seal and deliver fur and on its behalf, as surety, and as Its act and deed, where required, any and all bonds and f wliicfi is in any event to exceed UNLltv1[TED, reserving for itself the fug power of substitution and revocation, Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if suchbonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal, This Power of Attorney is granted and is signed by facsimile under and by the authon April 21, 2016:
following Resolutions ad b d of Directors of Cornpany (" Board') on RESOLVED, that the President, arty Exacta Vice President, and any Sonar Vice President are hereby appointed by the Board ras author to make, execute, seat and deliver for and on behalf of the Company, any and all bonds, undertakings. contracts or obligations in surety or co surety with others and Plat ftte Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts cr obligations in surety or co - surety and attach thereto the corporate seat of the Company, RESOLVED FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney e attorney named in the given power of attorney to execute, on beiaalt of lk e Go rpany, bonds and undertakings at surety or co - surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them rrs h ereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seat of the Cornpany
RESOLVE©, FURTHER. that ftaa signature of such officers name l in the preceding re, powers of attorney or to any certificate relating thereto fayfacsimile, and any such power of at thereafter valid and binding upon the Company mitt respect to any bond, undertaking, contr rid the corporate seat of the Company may be affixed to such certificate bearing such facsimile signatures or facsimile seat shall be eon Iii surety or co - surely with others to which it is attached, IN WITNESS WHEREOF, Everest Reinsurance Company and Everest National Insurance Cornpany have caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 10'3' day of October 2023.

Everest Reinsurance Company and Everest National Insurance Company By, Anthony Romano, Senior Vice President
On this 22nd of March 2023, before vie personally came Anthony Romano, known tome, who, being duty sworn, did execute the above rnstrum said Company, that the seal affixed to the aforesaid tnstrumem rs such corporate seal and was affixed thereto: and that he executed said instrument by t€he order.

LINDA ROBINS
Notary Public. Slate of Hew York
No 01806235736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
knows the seal of
Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance C rrnpany do hereby certify that I have compared the toregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set fonts in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and That the same are correct transcripts thereof. and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN WITNESS WHEREOF, i have hereunto set my hand and affixed the seal of said Company, this 11th By:. Sylvia Semerdjian, Assistant e
y of December 202 3
ES 06 01 04 16
324
BOND Na ES00016300
INITIAL PREMIUM; Included with the Performance Bond

SUBJECT TO RENEWAL

CITY OF EASTVALE
PROJECT NO. Tr. 38594 SUBDIVISION IMPROVEMENT BOND
Survey Monument)
KNOW ALL MEN BY THESE PRESENTS;
WHEREAS the City of Eastvale, California (" City") and The New Home Company Southern California LLC, a Delaware limited liability company (" Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for specified improvements, survey monuments and required facilities for Tract Map No. 38594 (" Public Improvements"); WHEREAS, the Public improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated , 2023 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW, THEREFORE, Principal and Everest National Insurance Company (" Surety"), a corporation organized and existing under the laws of the State of Delaware , and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of Twenty Nine Thousand Dollars ($ 29,000.00), said sum shall be one hundred percent ( 100%) of the costs of setting the Subdivision Monuments as determined by the Engineer of Record or Surveyor as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if 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, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. i00005525.DOCX VI SUBDIVISION IMPROVEMENT AGREEMENT
1617475.5
325
As part of the obligation secured 1lere)), and in addition to the face amount specified therefore. there shall be included costs anti reasonable expenses and fees, including reasonable attorney's fees. incurred by City in successfully enforcing such obligation. all to be taxed as costs and included in any judgment rendered.

Surct)x°. For value re>cei Ac d. hereby stipulatesand agrees that tto char e. extension of time, alteration. or addition to the terms of the Improvement Agreement. or to any plans, profiles. and specific atic is related thereto, or to the Public Improvements to he constructed thereunder. shall in y ` ay affect its obligations on this bond, and it does hereby waive notice or any such change, sion of time, alteration. or addition.

This bond is executed and filed to cortlply v ith Section 66499 et seq. of the Governtner t Code of California as security for perlormance of the Improvement Agreement and security for the one -) ear guarantee and warranty of the Public Improvements.

IN WITNESS WHEREOF. the seal and signature ofthe Principal is hereto affixed. and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney it1 fyaet at Orange, CA this 1'1th
day of December 2023
The New Home Company Southern Celufornia LLC,
a Delaware limited liability company Everest National Insurance Company Principal
Cheryl L. Thomas
print name)

INSTRUCTIONS
I. The above bond must be executed by both the Principal and the Surety.

2. If the Principal is a corporation, the bond must be executed in the corporate name and stgrted by the President or a Vice - President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, it must be signed by all partners. If the Principal is an Individual doing business under a fictitious name, it must be signed by all persons having an interest in the business and the fictitious name must be signed also. The bond must be notarized by both the Principal and the Surety.

3. The bond, after approval, must be filed VI ith the Assistant City Clerk of the City of East., ale. 5r'nr)1' ISR)N Vr iltI I ; ( RI Nil N
rc)l717 .
326
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the Identity of the individual who signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
on December 12, 2023
Dote
personally appeared Michael C. Battaglia
before me, Sherry Iver , Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to e on the basis of satisfactory evidence to be the persons) whose narne(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

SµERRYIVERY
Wry Public - California
Orange Coccrty
Commission 2403177
My Comm. Expires May 4, 2026
Place Notary Seal and/or Stamp Abay
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

OPTIONAL
Completing this information can deter alteration of the docurtlenl fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Everest Nalior a Insu ( survey Monument - Bond # ES000163000) Document Date: Number of Pages:

Public
Signers) Other Than Named Above: NIA _.

Capacity(ies) Claimed by Signer(s)
Signer's Name:
rance Compan
Signer's Name:

Corporate Officer — TItle(s)t 0 Corporate Officer — Title(s):

Partner — Limited 0 General 0 Partner — 0 Limited 0 General Individual 0 Attorney In Fact 0 Individual 0 Attorney in Fact Trustee Guardian or Conservator 0 Trustee Guardian or Conservator Other: 0 Other:

Signer is Representing: Signer is Representing:

P2©19 National Notary Association
327

ALL- PURPOSE

State of California }
County of Orange
On December 11, 2023 before me, Susan E. Morales, Notary Public Here , risen nacre aria tole al lne elr¢en
personally appeared Cheryl L. Thomas
who proved to me on the basis of satisfactory evidence to be the person whose namefs) isfafe subscribed to the within instrument and acknowledged to me that I/ she/TheyI-re-/she/They executed the same in his/her/tear authorized capacity 4es), and that by tt&herf reff signature on the instrument the person* or the entity upon behalf of which the person fsj 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.

Notary Public Signature

ADDITIONAL OPTIONAL INFORMATION
Notary Public Seal)

DESCRIPTION OF THE ATTACHED DOCUMENT
Bond # ES00016300
Title or descriptionof attached document)
Everest NationalInsurance Company
Title or description of attached document continued)
Number of Pages Document Date 12/11/23

CAPACITY CLAIMED BY THE SIGNER
Individual ( s)
Corporate Officer
Title)
Partner(s)
Attorney - in - Fact
Trustee(s)
Other
INST
Thu fin
rrr'e'rle^d, sl
other seines man
wording. does not r.

SUSAN E. MORALES fit
COMM. 42444309 — t
Y PUBLIC. CALII"ORN1A C)
ORANGE. COUNTY -- s
MY COMM E=xpires NMI 14, 2027
UCd'IONS FOR COMPLETING THIS FORM
Crrfiforrrirrstunrtes regorrlrng nuurry wording unit.
ed rttd rrtrtrc'lt £ ci ter lire document. . l u'knul'rrrtdgerrls from ed ire documents hying se m to that sane so lung mrs the C'ulrfArtmt norm), to violate I'aliforrua uatat y Inns.

State and County information crust he the Suite and Counts inhere the document tonally appeared before the notary public for aeknors ledement, isal ion must he the date that Ihesagncr(,sl personal!) appeared inIireh the acknowledgment is completed,
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ever st

POWER OF AI I ORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS' That Everest Reinsurance Company and Everest National Insurance Company. corporations of the State of Delaware Company") having their principal offices located at Warren Corporate Center. 100 Everest Way. Warren. New Jersey, 07059, do hereby nominate, constitute, and appoint:

Shane Woff, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attorneys) - in - fact to make. execute. attest seal and deliver for and on its behalf, as surely, and as rls act and deed, where required" any and all bonds and undertakings in the nature thereof, for the penal suns of rte one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.

Such bonds and undenak,ngs, when duly executed by the aforesaid Attorney(5)-rn-fact shall be binding upon the Company as fully and to the same extent as if such bends and undertakings were signed by the President and Secretary of the Company and sealed with its corporate scat.

This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adapted by the Board of Directors of Company (" Board") on April 21, 201E:

RESOLVED, that the President" any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute. seal and deliver for and on behalf of the Company, any and all bonds, undertakings. contracts or obligations in surely or co - surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execrrtorr of any such bends, undertakings,contracts or obligations in surety or co - surety and attach thereto the corporate seat of the Company RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of atfor quafffytng the attorney named in die given power of attorney to execute on behalf of the Company, bonds and undertakings to surety or co - surety with others. and tied Secretary or any Assistant Secretary of the Company be. and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach the the ce pirate seal of the Company
y
RESOLVED, FURTHER, that the signature of such off rem nanrecf in the txecedirig resotufaens and the corporate seat of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certr£rcate beariop such facsimile signatures or facsimile seat shalt be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co•suroty with others to which it is attached, IN WITNESS WHEREOF, Everest Reinsurance Company and Everest National Insurance Corn party have ca=used their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 10' day of October 2023.

Everest Reinsurance Company and Everest National Insurance Company By Anthony Romano, Senior Vice President
On this 22"'t of March 2023, before me person aIty cause Anthony Romano, knowion to me, who, being duly sworn, did execute Ilse above instrument. that he knows the seal of said Company: that the seal affixed to the aforesaid instrument is such corporate seal and was affixed drefeta; and that he executed said instrument by tike order,.

LINDA ROBINS
Rotary Putrtic. State of New York
No 01R06299735
Qualified In Queens. County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit; and the copy of the Section of the bylaws and resolulsons of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 11th day By: Sylvia Semerdjian, Assistant Secrete
Dec ber 202 3
ES 00 01 04 16
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383 & 6103)

CITY OF EASTVALE
Attn: City Clerk
12363 Limonite Ave. Suite 910
Eastvale, California 91752
DOC # 2025-0152169
05/20/2025 12:21 PM Fees: $ 0.00

Page 1 of 24 ends

Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk - Recorder
This document was electronically submitted
to the County of Riverside for recording"
Receipted by: NORMA # 248

THIS SPACE FOR RECORDER'S USE ONLY

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP No. 38595
By and Between

THE CITY OF EASTVALE,
a municipal corporation
and

THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC,
a Delaware limited liability company
MAR3 1 2025
DATED
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DOC # 2025-0152169 Page 2 of 24

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP No. 38595
This Subdivision Improvement Agreement (" Agreement") is entered into as of this day of Or6h 31 , 2025 by and between the City of Eastvale, a municipal corporation (" City") and The New Home Company Southern California LLC, a Delaware limited liability company (" Developer"). City and Developer are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."

RECITALS
A. Arroyo Cap IV - 2, LLC, a Delaware limited liability company (" Arroyo") and Developer are the owners of real property located within the City, a legal description of which is attached hereto as Attachment " A" (" Property"). Arroyo and/or Developer have submitted to City an application for approval of a final tract map for the Property. The tract map is identified in City records as Tract Map No. 38595. Arroyo has executed the consent to record this Agreement which is attached hereto as Attachment " D".

B. Arroyo and/or Developer have not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act ( Government Code sections 66410 et IN.), (" Map Act") the Eastvale Municipal Code, the conditions of approval for Tract Map No. 38595, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

C. Pursuant to the Eastvale Municipal Code and the applicableprovisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefore, acceptable to the City Engineer and City Attorney, for Tract Map No. 38595.

D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499 — 66499.10, and as amended.

E. Pursuant to the Government Code, Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract Map No. 38595.

DEFINED TERMS
Developer" shall mean The New Home Company Southern California LLC, a Delaware limited liability company. The term " Developer" shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor - in - interest to Developerhaving a legal and/or equitable interest in the Property.

Estimated Costs" shall mean the City Engineer's approximation of the actual cost to construct the Public Improvements.
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383 & 6103)

CITY OF EASTVALE
Attn: City Clerk
12363 Limonite Ave. Suite 910
Eastvale, California 91752

THIS SPACE FOR RECORDER'S USE ONLY

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP No. 38595
By and Between

THE CITY OF EASTVALE,
a municipal corporation
and

THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC,
a Delaware limited liability company
MAR3 1 2025
DATED
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SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP No. 38595
This Subdivision Improvement Agreement (" Agreement") is entered into as of this day of t1rGh 3 1 , 2025 by and between the City of Eastvale, a municipal corporation (" City") and The New Horne Company Southern California LLC, a Delaware limited liability company (" Developer"). City and Developer are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."

B. Arroyo and/or Developer have not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act ( Government Code sections 66410 et seg.), (" Map Act") the Eastvale Municipal Code, the conditions of approval for Tract Map No. 38595, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

C. Pursuant to the Eastvale Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefore, acceptable to the City Engineer and City Attorney, for Tract Map No. 38595.

D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499 — 66499.10, and as amended.

E. Pursuant to the Government Code, Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract Map No. 38595.

DEFINED TERMS
Developer" shall mean The New Home Company Southern California LLC, a Delaware limited liability company. The term " Developer" shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor - in - interest to Developer having a legal and/or equitable interest in the Property.

Estimated Costs" shall mean the City Engineer's approximation of the actual cost to construct the Public Improvements.
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Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys' fees, fees for investigators, witness fees ( both lay and expert), travel expenses, deposition and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable.

Map Act" shall mean the Subdivision Map Act, Government Code Sections 66410 et seq., and as amended.

Tract Map No 38595." shall mean the tract map preparedand approvedby the City for Tract Map No. 38595.

Property" shall mean all of the real property contained within the boundaries of Tract Map No. 38595 located in the City of Eastvale, California, as is more particularly described in the legal description and tract diagram attached hereto and incorporated hereby by reference at Attachment A»
Public Improvements" shall mean and refer to the improvements identified in Attachment " B" that are located within existing or proposedpublic right-of-way required to be constructed by the City or other public entity as conditions of approval of Tentative Tract Map No. 38595 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Tract Map No. 38595. The Parties agree that the Public Improvements to be completedby Developer are more specifically described in the diagram or plan attached hereto and incorporated herein by reference as Attachment " B. Notwithstanding Attachment " B", Developer shall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Tract Map No. 38595.

Required Insurance" shall mean the insurance required to be maintained by Developer under Section 17.

Security" shall mean surety bonds in the amounts and under the terms of Section 12 or other security approvedby City Engineer or City Attorney.

1. EFFECTIVENESS. This Agreement shall not be effective unless and until all four ( 4) of the following conditions are satisfied in the order provided:
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1.1 Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;

1.2 Tract Map and Agreement Approval. The City Council of the City of Eastvale (" City Council") approves the final map for Tract Map No. 38595 and this Agreement;

2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its sole cost, expense, and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement and to the reasonable satisfaction of the City Engineer. Construction of the Public Improvements shall include any transitions and/or other incidental work shown on the approved plans and specifications and deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer, in his/her reasonable discretion and the owner of such water or sewer system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequatelycomplete the Public Improvements.

2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost and expense obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirementscontained in any permit or approval issued to Developer. Prior to commencing any work, Developer shall file a written statement with the Assistant City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

Approval of plans and specifications by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform to all other requirements and standards set forth in this Agreement.
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2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable.

2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experienceto perform the work assignedto them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.

City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures, except to the extent related to or caused by the negligent acts, errors or omissions or willful misconduct of City, its elected officials, officers, employees, agents or volunteers. City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the applicable Public Improvements. Developer shall maintain Public Improvements in a state of good repair until such Public Improvement is completed by Developer and approved and acceptedby City, and until the applicable security is released as set forth in Section 12.2 of this Agreement. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such 00005525.DOCX V 1 } 4 1702593.2
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maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.

4.1 Extensions. City may, in its reasonable discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12.0 et 51g. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer and waive any and all right to notice of such extension(s). In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion.

5. GRADING. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development by Developer of Tract Map No. 38595 shall conform to all federal, state, and applicable local laws, ordinances, regulations, and other requirements, including City's grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority, in his/her reasonable discretion, to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties, provided that such controls are consistent with applicable local laws, ordinances, regulations and mitigation measures. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securingthe job site to prevent injury, and similar matters, as consistent with applicable local laws, ordinances, regulations and mitigation measures. In order to prevent damageto the Public Improvements by improper drainage or other hazards, the grading to be done in conjunction with construction of the Public Improvements shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12.0 et semc . of this Agreement.

6. UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each tract, lot, or unit of land within Tract Map No. 38595 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also 00005525.DOCx V l ) 5 1702593.2
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provide cable television facilities to serve each tract, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessinga valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground.

7. FEES AND CHARGES. Developer shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any applicable impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract Map No. 38595, or as required by other governmental agencieshaving jurisdiction over Tract Map No. 38595.

8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. If the City inspector requests it in his/her reasonable discretion, the Developer at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer shall restore said portions of the work to the standards required hereunder.

Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein provided and unsuitable materials or work may be rejected prior to City acceptance notwithstanding that such materials or work may have been previously overlooked.

9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, following notice and an opportunity to cure as set forth in Section 16, Developer and its surety shall be jointly and severally liable to City for all reasonable administrative expenses, fees, and costs, including reasonable attorney's fees and costs, actually and necessarily incurred in good faith in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law provided that City is the prevailing party.

10.1 Developer's Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of Riverside a notice of completion in content substantially similar to that required under California Civil Code section 3093, at which time the acceptedPublic Improvements shall become the sole and exclusive property of City without payment therefore. Any security furnished by the Developer in connection with the construction of the Public Improvements which are acceptedby 00005525.Docx VI } 6 1702593.2
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the City either in total or partially shall be release in whole or in part pursuant to Government Code Section 66499.7, as amended and Section 12.2 of this Agreement.

10.3 Developer's Obligation to Provide As - Built or Record Drawings.

12. SECURITY; SURETY BONDS. Prior to City's approval and execution of this Agreement, Developer shall provide City with surety bonds or other security in the amounts and under the terms set forth below. The amount of the Security shall be based on the City Engineer's Estimated Costs. If City determines at any time prior to Developer's completion of the Public Improvements under Section 4 [ Construction Schedule], in its reasonable discretion, that the Estimated Costs have materially changed, Developer shall adjust the Security in the amount requestedby City. Developer's compliance with this provision ( Section 12.0 et se,c .) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement.

12.1 Performance Bond or Other Security. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement and to protect City if Developer is in default as set forth in Section 16 of this Agreement, Developer shall provide City a faithful performance bond or other security in the amount of Two Million, Four Hundred Forty -Nine Thousand, Five Hundred Dollars ($ 2,449,500.00), which sum shall be one hundred percent ( 100%) of the Estimated Costs. To secure Developer's obligations during the Warranty Period as set forth in Section 11 above, upon City's acceptance of the applicable Public Improvements, at Owner's discretion either ( i) City shall release the performance bond or other security and Developer shall provide City a bond or other security in an amount which shall be not 00005525.DOCX VI) 7 1702593.2
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more than ten percent ( 10%) of the Estimated Costs for such Public Improvements, or ( ii) the performance bond or other security shall be reduced to such amount and held for a period of one 1) year following said acceptance.

12.2 Partial Release. The City Council may, in its reasonable discretion, and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 38595, and the total remaining Security is not less than twenty-five percent ( 25%) of the Estimated Costs. Except as otherwise set forth in this Section 12.2, the process for partial release of the Security shall be in accordance with Government Code Section 66499.7, as amended, or as otherwise provided under applicable City ordinances. All Security provided under this section shall be released upon City's acceptance of the Public Improvements ( except to secure Developer's obligations during the Warranty Period in accordance with Section 12.1 above), provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 38595.

12.3 Labor & Material Bond or Other Security. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond or other security in the amount of One Million, Two Hundred Twenty -Four Thousand, Seven Hundred Fifty Dollars ($ 1,224,750.00), which sum shall be fifty percent ( 50%) of the Estimated Costs. The amount of such Security may be reduced to the total of all stop notice or mechanic's lien claims that have been recorded and notice given in writing to the City Council, plus an amount equal to twenty percent ( 20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims.

If no claims have been recorded, the Security shall be released in full in accordance with Government Code Section 66499.7, as amended.

12.5 Form of Security. The evidence of the Security shall be provided on the forms set forth in Attachment " C", unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Attachment " C" and incorporated herein by this reference.

12.6 Developer's Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to 00005525.DOCx VI } 8 1702593.2
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cooperate with City to facilitate City's realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument other than commencing to cure an alleged default or violation. Notwithstanding the giving of any Security instrument or the subsequentexpiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be responsible for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten ( 10) days after written demand therefore, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12 if existing Security expires.

12.7 Survey Monument Bond or Other Security. Prior to City's execution of this Agreement, to guarantee payment to the engineer of record or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract Map No. 38595 in compliance with the applicable provisions of City's Municipal and/or Development Code Subdivision Monuments"), Developer shall provide City a Survey Monument Bond or other security in the amount of Fifty -Six Thousand, Five Hundred Dollars ($ 56,500.00), which sum shall be one hundred percent ( 100%) of the costs of setting the Subdivision Monuments as determined by the Engineer of Record or Surveyor. Said Bond or other security may be released by written request of the Engineer of Record or Surveyor after all required Subdivision Monuments have been set, acceptedby the City Engineer in his/her reasonable discretion, City has received written acknowledgment of payment in full from the engineer of record or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract Map No. 38595.

14. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmentalbody or agency ( other than City) , arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, reasonable attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all reasonable legal expenses and costs incurred by each of them.

This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City, its elected officials, officers, employees, or agents as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify City shall survive the expiration or termination of this Agreement, or any 00005525.DOCX VI ) 9- 1702593.2
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Warranty Period described herein, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

15. INSURANCE.

15.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a generalaggregate limit, such insurance shall apply separatelyto this Agreement or be no less than two times the specified occurrence limit.

15.1.1 General Liability. Developer shall procure and maintain occurrence version generalliability insurance, or equivalent form, with a combined single limit of not less than $ 3,000,000 per occurrence and $ 6,000,000 in aggregate for bodily injury, personal injury, and property damage. Developer's contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $ 1,000,000 per occurrence and $ 2,000,000 in aggregate for bodily injury, personalinjury, and property damage.

15.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $ 1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

15.2 Deductibles. Any deductibles or self - insured retentions must be declared to and approvedby City. At the option of City, either: ( a) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or ( b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

15.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insured provisions and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 00005525.DOCx VI) 10- 1702593.2
342

15.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. A11 policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damageor harm covered by such policy.

15.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signedby a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

16. DEFAULT; NOTICE; REMEDIES.

City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreedupon Public Improvements at the time 00005525.DOCx VI ) 11- 1702593.2
343
of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequatecoordination by City.

17. GENERAL PROVISIONS.

17.3 Construction; References; Captions. It being agreedthe Parties or their agents have participated in the preparation of this Agreement, the languageof this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

CITY:

City of Eastvale
Attn: City Engineer
12363 Limonite Ave. Suite 910
Eastvale, California 91752
00005525.DOCX VI } 12- 1702593.2
344
DEVELOPER:

The New Home Company Southern California
Attn: Michael Battaglia, Division President
15231 Laguna Canyon Rd., Suite 250
Irvine, CA 92618
With a copy to:

Arroyo CAP IV - 2, LLC
c/o Arroyo Capital
Attn: Jeffrey B. Broulette
18575 Jamboree Road, Suite 350
Irvine, CA 92612
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile or electronic mail, as of the date and time sent provided the original is contemporaneouslydeposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

17.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signedby both Parties.

17.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City which shall not be unreasonablywithheld, conditioned or delayed, provided, however, that Developer shall have the right to assign this Agreement to an entity that is wholly owned and controlled by it or by its parent company or to Arroyo. Any attempt to do so in violation of this section shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. An authorized or approvedassignment, hypothecation, or transfer shall release and discharge Developer from any duty or responsibility under this Agreement, and Developer's bonds and Security shall be replaced with bonds or Security from the authorized or approved assigneeor transferee.

17.9 No Third - Party Beneficiaries. There are no intended third - party beneficiaries of any right or obligation assumed by the Parties.

17.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a changeof venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

17.13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract Map No. 38594, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

17.14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

17.15 Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approvedby the City and executed by the appropriate authorities of City and Developer.
00005525.DOCX VI 14- 1702593.2
346
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first - above written.

CITY OF EASTVALE,
a Municipal Corporation
of the State of California
By:

Mark Orme
City Manager
ATTEST:
a c 1 onohue
City Clerk
APPROVED AS TO FORM:

Erica Vega
City Attorney
00005525.DOCX V I ! 15- 1702593.2
347
348

DEVELOPER
The New Home Company Southern California LLC,
A Delaware limited liability company
Miotiellesesitegna
Presiders Southern California
Name:

Its:

INSTRUCTIONS: If the Developer is a corporation, the Agreement must be executed in the corporate name and signed by the President or a Vice - President and the Secretary or Assistant Secretary and the corporation seal affixed. If the Developer is a partnership, it must be signed by all partners. If the Developer is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The Agreement must be notarized by the Developer. 00005525.DOCX VI) 16- 1702593.2
349
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
tiiiksVI}'rY;#SL D'dfi N«SGtiG4d{i2Rkfd4{v(iiiS3?$YSiNS'1' $ itf6.%,:a:i`dS7f.iQli{ti C4',s{#4..41f M§MiaMitt4,11i* ikrniairldut'S}N,3 } BOOS iNfki6E&iNS::iAMOO A notary public or other officer completing this certificate verifies only the identity of the individual who signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange E
On
March 31, 2025
before me, Jennifer Carlsson, Notary Public
Date
Michael Battagliapersonally appeared
Nome(s) of Signer(s)
Here Insert Name and Title of the Officer
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. 0„,,
I
Ep,
CqR45‘1716.4 ,t1iY PUS ! Y
F+°ti ; o #. 1-
7 Place Notary Seal and/or Stomp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and pffi ial seal.

Signature

OPTIONAL
Notary Public
Completing this information can deter alteration oYthe document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:

Signer's Name:

Corporate Officer — Title(s):

Partner — Limited D General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:
tirafinitegilinfialiNWERKIIMISIMIMMIlittii4NWIRMattitONOMCCIMOMMOSISiliWIMAIewksa 0se eee O2019 National Notary Association
351

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)
o
o

PARTNER(S) LIMITED
0 GENERAL

ATTORNEY - IN - FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

NAME OF PERSON(S) OR ENTITY(IES))

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
I00005525.DOCX VI l 1702593.2
352

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL
0 CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL

ATTORNEY - IN - FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

NAME OF PERSON(S) OR ENTITY(IES))

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
00005525.DOCX V I } 1702593.2
353
ATTACHMENT " A"

LEGAL DESCRIPTION OF PROPERTY
TRACT MAP NO. 38595

LEGAL DESCRIPTION
BEING A SUBDIVISION OF PARCEL " B", OF LOT LINE ADJUSTMENT NO. 2022-001, RECORDED AUGUST 24, 2022, AS INSTRUMENT NO. 2022-0370918, OFFICIAL

RECORDS, IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDED,

CALIFORNIA, LYING WITHIN SECTIONALIZED SURVEY OF THE JURUPA RANCHO, AS SHOWN BY MAP ON FILE IN BOOK 9, PAGE 33, RECORDS OF SAN

BERNARDINO COUNTY, STATE OF CALIFORNIA
00005525.DOCX VI } 1 SUBDIVISION IMPROVEMENT AGREEMENT
1702593.2
354
ATTACHMENT " B"

LIST OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 38595
Those public improvements listed in the approved Construction Cost Worksheets for Tract Map No. 38595 ( named Hamner Avenue), ( 58th Street), and ( Civita Parkway and Premier Place) dated January22, 2025, which is incorporated herein by reference. 00005525.DOCX VI) 1 SUBDIVISION IMPROVEMENT AGREEMENT
1702593.2
355
ATTACHMENT " C"

SURETY BONDS OR OTHER SECURITY
TRACT MAP NO. 38595
As evidence of understandingthe provisions contained in this Agreement, and of the Developer's intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signaturesthereto:

PERFORMANCE BOND OR OTHER SECURITY PRINCIPAL
AMOUNT:

Surety:

Attorney - in - fact:

Address:
2,449,500.00

MATERIAL AND LABOR BOND OR OTHER SECURITY
PRINCIPAL AMOUNT: $ 1,224,750.00
Surety:

Attorney - in - fact:

Address:

SURVEY MONUMENT BOND OR OTHER SECURITY
PRINCIPAL AMOUNT: $ 56,500.00
Surety:

Attorney - in -fact:

Address:
00005525.DOCX VI} 1 SUBDIVISION IMPROVEMENT AGREEMENT
1702593.2
356
ATTACHMENT " D"
Property Owner Consent
Arroyo Cap IV - 2, LLC, a Delaware Limited Liability Company, being the owner of the real property described in Attachment " A" to this Subdivision Improvement Agreement by and between the City of Eastvale, a California municipal corporation and The New Home Company Southern California LLC, a Delaware limited liability company ( the " Agreement"), does hereby consent to and expressly authorizes the recordation of said Agreement in the Official Records of the County of Riverside.

Arroyo Cap IV - 2, LLC,
a Delaware Limited Liability Company
By:

By: Leigh Ausun
Executive Vice President
00005525.DOCX VI } 3 SUBDIVISION IMPROVEMENT AGREEMENT
1702593.2 357
BOND NO. ES00020437
INITIAL PREMIUM: $ 11,023.00/1 yr.

SUBJECT TO RENEWAL

CITY OF EASTVALE
PROJECT NO. TRACT NO. 38595 SUBDIVISION IMPROVEMENT BOND Faithful Performance)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Eastvale, California (" City") and
The New Home Company Southern* (" Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, survey monuments and all other required facilities for Tract Map No. 38595 (" Public Improvements"); California LLC, a Delaware limited liability company
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated , 2025 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

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

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, 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.

This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney - in -Fact at Orange, CA , this 3rd day of March , 2025 The New Home Company Southern California
LLC, a Delaware limited liability company
Principal
Everest Reinsurance Company
Surety
By: By:

Its: Managing Member Attorney - in - Fact
Cheryl L. Thomas
print name)

INSTRUCTIONS

1. The above bond must be executed by both the Principal and the Surety,

2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice - President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, it must be signed by all partners. If the Principal is an Individual doing business under a fictitious name, it must be signed by all persons having an interest in the business and the fictitious name must be signed also. The bond must be notarized by both the Principal and the Surety.

3. The bond, after approval, must be filed with the Assistant City Clerk of the City of Eastvale. t00005525.DOCX VI 2 SUBDIVISION IMPROVEMENT AGREEMENT
359
360

ALL- PURPOSE

State of California }
County of Orange
On March 3, 2025 before me, Susan E. Morales, Notary Public Here insert name and title of the officer)
personally appeared Cheryl L. Thomas
who proved to me on the basis of satisfactory evidence to be the person e whose named islafe subscribed to the within instrument and acknowledged to me that helshe/thcy executed the same in i-rrslher/-hc.r authorized capacityfi•es3, and that by 1-Cm/her/their signature{} on the instrument the person(s), or the entity upon behalf of which the persons} 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.

Notary Public Signature

ADDITIONAL OPTIONAL INFORMATION
MORALES 61
CON/1N1. # 2444309 _ mil
VOTARY PU3LIC- CALIFORNIA (
ORANGE COUNTY .

MY COMM. Expires April 14.2027
v- VYVVVYV " V V
Notary Public Seal)

DESCRIPTION OF THE ATTACHED DOCUMENT
Bond # ES00020437
Title or descriptionof attached document)
Everest Reinsurance Company
Title or description of attached document continued)
Number of Pages Document Date 313125

CAPACITY CLAIMED BY THE SIGNER
Individual ( s)
Corporate Officer
Title)
Partner(s)
L7 Attorney -in - Fact
Trustee(s)
Other
115 \/. rsirn www Nat3tyClasses. ton, S0.0-373-

INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Ackno/wedgents from other states may be completed for documents being sent to that slate so long as the wording does nor require the California notary to violate California notary law.

State and County information must be the State and County where the document signer(s) personally appearedbefore the notary public for acknowledgment.

Date of notarization must be the date that the signer(s) personally appearedwhich must also be the same date the acknowledgment is comple€ed.

The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title ( notary public).

Print the name(s) of document signer(s) who personally appear at the time of notarization.

Indicate the correct singular or plural forms by crossing off incorrect fomts ( Le. he/she/they; is / ar:e ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording.

The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re - seal if a sufficient area permits, otherwise complete a different acknowledgment form.

Signature of the notary public must match the signature on file with the office of the county clerk.

Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.

Indicate title or type of attached document, number of pages and date.

Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title ( i.e. CEO, CFO, Secretary).

Securely attach this document to the signed document with a staple. 361
Everest Reinsurance Company
461 5'" Avenue — 4" Floor
New York, N.Y. 10017

SURETY BOND SEAL ADDENDUM

EVEREST REINSURANCE COMPANY
Due to logistical issues associated with the use of traditional seals during the COVID-19 pandemic, Everest Reinsurance Company (" Everest") has authorized its Attorney - in - Fact to affix Everest's corporate seal to any bond executed on behalf of Everest by any such Attorney - in - Fact by attaching this Addendum to said bond.

To the extent this addendum is attached to a bond that is executed on behalf of Everest by its Attorney -in - Fact, Everest hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond.

Dated this 7`h day of April 2020.

EVEREST REINSURANCE COMPANY
By:

Anthony Romano — Vice President & Global Head of Surety 362
hi, everest

POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Oelaware Company") having their principal offices located at Warren Corporate Center. 100 Everest Way, Warren. New Jersey, 07059, do hereby nominate, constitute, and appoint:

Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L Thomas, Todd M. Rohm, Wrenetta Walker its tnie and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and ail bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.

Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be banding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.

This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company (' Board") on April 21, 2016:

RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seat and deliver for and on behalf of the Company, any and a!! bonds, undertakings, contracts or obligations in surety or co - surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co - surety and attach thereto the corporate seal of the Company.

RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co - surely with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and arty such power of attorney or certificate bearing such facsimile signatures or facsimile sea! shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co - surety with others to which it is attached.

IN WITNESS WHEREOF, Everest Reinsurance Company and Everest National Insurance Company have caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 10" day of October 2023.

Everest Reinsurance Company and Everest National Insurance Company By: Anthony Romano, Senior Vice President
On this 22^" of March 2023, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above instrument that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seat and was affixed thereto; and that he executed said instrument by like order.

LINDA ROBINS
Notary Public, State of New York
No01R06239736
Qualified in Queens County
Term Expires April 25, 2027
ft.41t,
Linda Robins, Notary Public
I, Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attomey and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attomey, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attomey has not been revoked and is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 3rd day of March 202 5 .

StItr--Sem=—
By: Sylvia Semerdjian. Assistant Secretary
ES 00 01 04 16
363
364
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California
County of Orange 1
On
March 4, 2025
before me, Jennifer Carlsson, Notary Public
Dote Here Insert Name and Title of the Officer
personally appeared Michael Battaglia
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which lie' persan(s) acted, executed the instrument. eFt c.
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Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature

OPTIONAL
e o Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:

Signer's Name:

Corporate Officer — Title(s):

El Partner — Limited General
individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:
46110{100iiittlIPM0P i f 6i PFO6211 i4 tighlR $ P 34t1i4fr43fiiCtOfiFs4EfeliM . 6044flOtilUIRI*OW*0 2019 National Notary Association
365
BOND NO. ES00020437
INITIAL PREMIUM: included with the Performance Bond

SUBJECT TO RENEWAL

CITY OF EASTVALE
PROJECT NO. TRACT NO. 38595 SUBDIVISION IMPROVEMENT BOND Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS:

The New Home Company Southern California
WHEREAS the City ofEastvale California (" City") andLLC, a Delaware limited liability company Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, survey monuments, and all other required facilities for Tract Map No. 38595 (" Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated , 2025 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 ( commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and Everest Reinsurance Company (" Surety"), a corporation organized and existing under the laws of the State of Delaware , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of One Million, Two Hundred Twenty -Four Thousand, Seven Hundred Fifty Dollars ($ 1,224,750.00), said sum being not less than 50% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
00005525.DOCX VI } 1 SUBDIVISION IMPROVEMENT AGREEMENT
366
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

This bond is executed and tiled to comply with Section 66499 et sue. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. 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 15 ( commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Orange, CA , this 3rd day of March 2025 The New Home Company Southern California
LLC, a Delaware limited liability company Everest Reinsurance Company Principal Surety
By: By:

Its: Managing Member
print name) v
Attorney - In - Fact
Cheryl L. Thomas
print name)
j 00005525. DOCX VI } 2 SUBDIVISION IMPROVEMENT AGREEMENT 367
368

INSTRUCTIONS

1. The above bond must be executed by both the Principal and the Surety.

3. The bond, after approval, must be filed with the Assistant City Clerk of the City of Eastvale. 00005525.DOCX VI 3 SUBDIVISION IMPROVEMENT AGREEMENT
369

ALL- PURPOSE

State of California }
County of Orange
On March 3, 2025 before me, Susan E. Morales, Notary Public Here insert name and title of the officer)
personally appeared Cheryl L. Thomas
who proved to me on the basis of satisfactory evidence to be the persons whose name() is/are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his-flier/the-if authorized capacity{ics), and that by iris/her/heir signature( on the instrument the person(s-), or the entity upon behalf of which the persons) 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.

C../Dare 1
Notary Public Signature
t 01 a(20
Notary Public Seal)
W _
A.

SUSAN E. E. MORALES
COMM. # 2444309

NOTARY PUBLIC- CALIFORNIA O
ORANGE COUNTY .. s,
MY COMM. Expires April 14, 2027 I
V YYV ,, yV-Yy

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT
Bond # ES00020437
Title or descriptionof attached document)
Everest Reinsurance Company
Title or descriptirmof attached document continued)
Number of Pages Document Date 313125

CAPACITY CLAIMED BY THE SIGNER
Individual ( s)
Corporate Officer
Title)
Partner(s)
Attorney - in - Fact
Trustee(s)
Other

INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, f neederl..should be completed and attached to the document, , dcknolwedgents from other stares may he completed for documents being sent lo that state so long as the wording does not require the California notary to violate California notary law.

State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment.

Date of notarization must be the date that the signer(s) personally appearedwhich must also be the same date the acknowledgment is completed.

The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title ( notary public).

Print the name(s) of document signer(s) who personally appear at the time of notarization.

Indicate the correct singular or plural forms by crossing off incorrect forms ( i.e. he/sheItttevy- is fare ) or circling the correct forms. Failure to correctly indicate this information may head to rejection of document recording.

The notary scat impression must be clear and photographically reproducible.

Impression must not cover text or tines. If seal impression smudges, re - seal if a sufficient area permits, otherwise complete a different acknowledgment form.

Signature of the notary public must match the signature on file with the office of the county clerk.

Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.

Indicate title or type of attached document, number of pages and date.

Indicate the capacity claimed by the signer. II' the claimed capacity is a corporate officer, indicate the title ( i.e. CEO, CFO, Secretary).

Securely attach this document to the signed document with a staple. 370
Everest Reinsurance Company
461 5'" Avenue — 4'' Floor
New York, N.Y. 10017
rag
n'1/E R

SURETY BOND SEAL ADDENDUM

Dated this 7ih day of April 2020.

EVEREST REINSURANCE COMPANY
By:

Anthony Romano — Vice President & Global Head of Surety 371
everest

POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware Company") having their principal offices located at Warren Corporate Center. 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:

Shane Wolf, Cathy S. Kennedy, Beata A. Sens!, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.

Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-In-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.

This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company (- Board") on April 21, 2016:

RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and a!! bonds, undertakings, contracts or obligations in surety or co - surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co - surety and attach thereto the corporate seal of the Company, RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of aftorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co - surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seat of the Company.

RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and arty such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co - surety with others to which it is attached.

Everest Reinsurance Company and Everest National Insurance Company By: Anthony Romano, Senior Vice President
On this 22nd of March 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.

LINDA ROBINS
Notary Public, State of New York
No 01R06239736
Quallhed In Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 3rd day of March 202 5 By: Sylvia Semerdjian, Assistant Secretary
ES 00 01 04 16 372
373
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
tNIN4'okY:13ks'ottO iontiSNii aftati twati 3 t 1tiAtilh ii 1 Nil a A notary public or other officercompleting this certificate verifies only the identity of the individual who signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On
March 4, 2025
Date
before me, Jennifer Carlsson, Notary Public
Here Insert Name and Title of the Officer
personally appeared Michael Battaglia
Name(s) of Signers)
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 ti1eperson(s) acted, executed the instrument. 0\£R'EaR(''.
ca 6 rC y
a
n_O oC'fUF0SAt (15)
nEe CAS' b,
Exp. few O"
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature

OPTIONAL
Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:

Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:
2019 National Notary Association
374
BOND NO. ES00020437
INITIAL PREMIUM: included with the Performance Bond

SUBJECT TO RENEWAL

CITY OF EASTVALE
PROJECT NO. TRACT NO. 38595 SUBDIVISION IMPROVEMENT BOND Survey Monument)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Eastvale, California (" City") and
The New Home Company Southern*("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainagefacilities, traffic controls, landscaping, street lights, survey monuments and all other required facilities for Tract Map No. 38595 (" Public Improvements"); California LLC, a Delaware limited liability company
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated _, 2025 Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

THE CONDITION OF TI - HS OBLIGATION is such, that if 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, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, 00005525.DOCX VI} 1 SUBDIVISION IMPROVEMENT AGREEMENT
375
as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

IN WITNESS WHEREOF. the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in - Fact at Orange, CA , this 3rd day of March , 2025 .

The New Home Company Southern California
LLC, a Delaware limited liability company Everest Reinsurance Company Principal Surety
By: - By: Chi. y.~J-a-
Its: Managing Member Attorney - In - Fact
Cheryl L. Thomas
print name) L.) print name)

INSTRUCTIONS

1. The above bond must be executed by both the Principal and the Surety.

3. The bond, after approval, must be filed with the Assistant City Clerk of the City of Eastvale. 0005525 DOCX VI 2 SUBDIVISION IMPROVEMENT AGREEMENT
376
377

ALL- PURPOSE

State of California }
County of Orange }
On March 3, 2025 before me,
personally appeared Cheryl L. Thomas
who proved to me on the basis of satisfactory evidence to be the personfe) whose name fa) is/ re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ = etc authorized capacityf es), and that by its/her/their signature's} on the instrument the person(s), or the entity upon behalf of which the person fs) acted, executed the instrument.

Susan E. Morales, Notary Public
f- ere insert name and tine of the officer)
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

ICJ C. f.4 CCr"1 '' f" • / , I c5r [ j
Notary Public Signature Notary Public Seal)
H
Iw
SUSAN E. MORALES m
COMM. # 2444309 - I

NOTARY PUBLIC- CALIFORNIA (')

ORANGE COUNTY
MY COMM. Expires April 14, 2027
V -' Y - se- V" YYVV V Y • y -

ADDITIONAL OPTIONAL INFORMATION

CAPACITY CLAIMED BY THE SIGNER
Individual ( s)
Corporate Officer
Title)
Partner(s)
Attorney - in - Fact
Trustee(s)
Other
vrhssae coon

INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary ' yarding and, if needed, should be completedand attached to the docunnent. Acknolsvedgentsfrom other . stales may be completedfor documents being sent to that state so long as the cording doer not require the California notary to violate California notary imv.

State and County information must be the State and County where the document signer(s) personally appearedbefore the notary public for acknowledgment.

Date of notarization must be the date that the signer(s) personally appearedwhich must also be the same date the acknowledgment is completed.

The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title ( notary public).

Print the name(s) of document signer(s) who personalty appear at the time of' notarization.

Indicate the correct singular or plural forms by crossing off incorrect forms ( i.e. 4e/she/they, is / are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording.

The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re - seal if a sufficient area permits, otherwise complete a different acknowledgment form.

Signature of the notary public must match the signature on file with the office of the county clerk.

Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.

Indicate title or type of attached document, number of pages and date.

Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title ( Le. CEO, CFO, Secretary).

Securely attach this document to the signed document with a staple. 378
Everest Reinsurance Company
461 5"Avenue — 4°' Floor
New York, N.Y. 10017
L 1/E R % i`\

SURETY BOND SEAL ADDENDUM

EVEREST REINSURANCE COMPANY
Due to logistical issues associated with the use of traditional seals during the COVID-19 pandemic, Everest Reinsurance Company (" Everest") has authorized its Attorney -in - Fact to affix Everest's corporate seal to any bond executed on behalf of Everest by any such Attorney - in - Fact by attaching this Addendum to said bond.

To the extent this addendum is attached to a bond that is executed on behalf of Everest by its Attorney - in - Fact, Everest hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond.

Dated this 7th day of April 2020.

EVEREST REINSURANCE COMPANY
By:

Anthony Romano Vice President & Global Head of Surety
379
h, everest

POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware Company") having their principal offices located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:

Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.

Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shagi be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.

This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company (" Board') on April 21, 2016:

RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shalt be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co - surety with others to which it is attached.

IN WITNESS WHEREOF, Everest Reinsurance Company and Everest National Insurance Company have caused their corporate seals to be affixed hereto, and these presents Co be signed by their duly authorized officers this 10'" day of October 2023.

Everest Reinsurance Company and Everest National Insurance Company By: Anthony Romano, Senior Vice President
On this 22nd of March 2023, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by lake order.

LINDA ROBINS
Notary Public, State of New York
No 01R06239736
Qualified in Queens County
Term Expires April 25, 2027
LindaRobins, Notary Public
I, Sylvia Semerdjian, Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the OROGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION. and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, ( his 3rd day of March 202 5 By: Sylvia Semerdjian, Assistant Secretary
ES 00 01 04 16
380
381
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Mt4dailliPAPit {+ i8.10}i{igt36! it•Mate{# ti i3ii314:i4g iAMA istSQ iNpyliyei.M1§8M4if7i irkMIAMI : OH N 3aH}Cv}iSi{!!4}{,41PG+3tisatitOllivt tOMICOrai4n.

State of California
County of Orange
On
March 4, 2025
before me, Jennifer Carlsson, Notary Public
Date
personally appeared _
Here Insert Name and Title of the Officer
Michael Battaglia
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 4 yFSR tCAR4`'',a
by 1716.44, So'
tar,' Poo
1 _
7„
se ,
yp;:

Exp. €)°,
Place Notary Seal and/or Stomp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and . official seal.,
Signature

OPTIONAL
of Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: _ Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Titie(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:

Signer's Name:

Corporate Officer — Title(s):
o Partner — Limited General
Individual Attorney in Fact
Trustee o Guardian or Conservator
o Other:

Signer is Representing:

Wi7fbYzagfi:nl:Ei>a9tW,gi Wokki4tlii4i3lCif.£iC}.ill MIME 2019 National Notary Association
382

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.8
May 13, 2026
Proposed Streetlight License Agreement with the Estancia at Eastvale Community Association
Prepared By:

Jimmy Chung, Public Works Director, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council a
pprove the proposed Streetlight License Agreement with
the Estancia at Eastvale Community Associa"on ("Licensee") to allow for the installa"on of ﬁve (5) Flock Safety security cameras on City-owned streetlight poles.

Summary
The Estancia at Eastvale Community Associa"on has requested permission to u"lize exis"ng City- owned streetlight infrastructure for a neighborhood security camera system. This system includes Automated License Plate Recogni"on (ALPR) cameras and closed-circuit television (CCTV) cameras aimed at deterring criminal activity, specifically mailbox thefts, within the community.

The Licensee intends to mount these devices directly onto City infrastructure to reduce the aesthe"c impact and visual clu2er of installing addi"onal free-standing poles in the public right-of-way (ROW). Under the terms of the Agreement, the HOA assumes all responsibility for installa"on, maintenance, and an annual license fee payable to the City. Approval of this agreement establishes the administra"ve framework for the HOA to proceed with the permit process and ﬁnal installa"on of the security camera system.

Background
In January 2026, the Estancia Homeowners Associa"on (HOA) contacted the City regarding a series of repeated mailbox break-ins. To increase community safety and provide law enforcement with actionable evidence, the HOA proposed leasing and maintaining Flock Safety cameras. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
383

These cameras u"lize ALPR technology to capture objec"ve data on vehicles entering and exi"ng the neighborhood. The system is designed to iden"fy speciﬁc vehicle characteris"cs, such as license plate numbers, make, model, and color.

The HOA requested to mount these devices on exis"ng City light poles to minimize the aesthe"c and physical impact of installing new free-standing poles throughout the neighborhood. City staﬀ worked with the City A2orney to dra@ a formal Streetlight License Agreement. The agreement specifies five (5) initial locations for camera placement:

Site 1 (ALPS): Citrus St & Sumner Ave
Site 2 (ALPS): Citrus St & Granja Vista Del Rio
Site 3 (CCTV): Berts Wy & Granja Vista Del Rio
Site 4 (ALPS): Cactus Flower St & Soaring Bird Ct
Site 5 (CCTV): Hertz Pl & Estancia Ln

Following Council approval, the Licensee will proceed with the permit process and final installation.

Environmental
The adop"on of the proposed Streetlight License Agreement with the Estancia does not cons"tute a project under the California Environmental Quality Act (CEQA), as it does not result in a direct or reasonably foreseeable indirect physical change to the environment.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
None.

Fiscal Impact
There is no ﬁscal impact associated with approving the proposed Streetlight License Agreement with the Estancia. The Licensee is solely responsible for all costs associated with the installa"on, maintenance, and opera"on of the cameras. The Licensee shall pay the City an ini"al annual license fee of $333.00, which will be recorded in the General Fund. This fee will increase by 3% annually on each anniversary of the effective date.

Prior City Council/Commission Action
None.

Attachment(s)
A2achment 1 - Streetlight License Agreement with the Estancia at Eastvale Community Association.pdf

Attachment 2 - Location Map.pdf

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
384

1 4923-3472-1937 v2

CITY OF EASTVALE

STREETLIGHT LICENSE AGREEMENT
THIS STREETLIGHT LICENSE AGREEMENT (“Agreement”) is made as of the last signature date below (“ Effective Date ”), by the CITY OF EASTVALE , a California municipal corporation (“City”), and ESTANCIA AT EASTVALE COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation (“Licensee”). City and Licensee are at times collectively referred to hereinafter as the "Parties" or individually as the "Party."

RECITALS
A. City is the owner of certain Streetlights (as defined in Sec. 1 below) located in the Public Way (as defined in Sec. 1 below).

B. Licensee desires to use s pace on certain Streetlights in the Public Way for installation, operation and maintenance of Security Cameras (as defined in Sec. 1 below), and is willing to compensate the City in exchange for a license to use portions of particular Streetlight in the Public Way.

AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following covenants, terms, and conditions:
1 DEFINITIONS. The following definitions apply generally to the provisions of this Agreement (additional terms are defined elsewhere in this Agreement):

1.1 “Installation Date” means the date that the first Security Camera is installed on a Streetlight pursuant to this Agreement.

1.2 “Laws” means statutes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having jurisdiction over the Parties to this Agreement.

1.3 “Public Way” or “Public Rights -of-Way” means the space in, upon, above, below, along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and places, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City.

1.4 “Security Cameras” means Flock Safety Automatic License Plate Recognition (ALPR) Cameras that are leased, owned, or maintained by the Licensee.

1.5 “Streetlights” means the City-owned streetlight poles located within the Public Way identified in Exhibit A hereto and incorporated herein by Docusign Envelope ID: 7CD509F1-5BDB-8F83-80C1-929B9270BC78 385

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reference. Streetlight shall also include any existing power supply, conduit, or other form of infrastructure fixtures or equipment owned by City for the delivery of power or communication services to a streetlight. These facilities may be referred to in the singular or plural, as appropriate to the context in which used. 2 TERM; TERMINATION. This Agreement is effective on the Effective Date and will be for a term of three (3) years commencing on the Effective Date (the “Initial Term”) , unless earlier terminated by either Party in accordance with the provisions of Section 11. This Agreement shall renew for a period of one (1) year upon the completion of the Initial Term, and annually thereafter, (each a “Renewal Term”) unless either Party provides the other written notification of its intent not to renew this Agreement not less than thirty (30) days prior to the scheduled termination of the Initial Term or a Renewal Term, as the case may be. Either Party may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other Party. 3 LICENSE TO USE . The City grants a license to Licensee to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and replace Security Cameras on the Streetlights, subject to the terms of this Agreement.

3.1 Nonexclusivity. Subject to the terms of this Agreement, all rights expressly granted to Licensee under this Agreement, which will be exercised at Licensee’s sole cost and expense, are subject to the prior and continuing right of the City under applicable Laws to use all parts of the Public Way exclusively or concurrently with any other person or entity. Use of the Streetlights is further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record that may affect the Public Way. Nothing in this Agreement may be deemed to grant, convey, create, or vest in Licensee a real property interest in personal or real property owned by City, including any fee, leasehold interest, or easement. No reference herein to a “Public Way” shall be deemed to be a representation or warranty by City that its interest or other rights to control the use of the Public Way is sufficient to permit its use for Licensee’s purposes, and Licensee shall be deemed to gain only those rights to use as are properly in City and as City may have the undisputed right and power to give.

3.2 Additional Permits or Authorizations . Nothing in this Agreement shall limit in any way Licensee’s obligation to obtain any required approvals required under applicable Laws from any City department or other governmental agency that has regulatory authority over the Licensee’s proposed activities involving use of the Streetlights in the Public Way. All work performed pursuant to the rights granted by this Agreement is subject to the prior review and approval of the City in accordance with its permitting procedures (see Section 5.1 below).

3.3 No Interference. Licensee acknowledges and agrees that the primary purpose of the Streetlight is to serve the City and the public. City is willing to permit the installation of Licensee’s Security Cameras on Streetlights only where such use will not interfere with City’s own use of the Streetlights.

Docusign Envelope ID: 7CD509F1-5BDB-8F83-80C1-929B9270BC78 386

3.4 Compliance with Laws . Licensee and City will comply with all applicable Laws in the exercise of its rights and the performance of its obligations under this Agreement. Licensee further agrees that it will comply with all applicable Laws applicable to the operation and use of the Security Cameras.

3.5 No Unauthorized Use or Equipment. Licensee represents that the Security Cameras installed pursuant to this Agreement will be used solely for the purpose of monitoring community mailboxes to deter mail theft and for the purpose of monitoring vehicle license plates entering and exiting the community to identify vehicles potentially involved in incidents of mail theft and other crime within the community.

Licensee will not use its Security Cameras for any purpose other than those described herein. Licensee’s failure to comply with these use limitations is a material breach of this Agreement. Licensee shall not install any equipment other than the Security Cameras, as defined herein, on the Streetlights, and shall not install any Security Camera or other equipment within the Public Way except on those Streetlights identified in Exhibit A. 4 COMPENSATION; UTILITY CHARGES . Licensee is solely
responsible for the payment of all fees in connection with Licensee’s performance under this Agreement, including those set forth below.

4.1 License Fee. In order to compensate City for Licensee’s use of the Streetlights, Licensee will pay to the City a license fee (“License Fee”) of three hundred and thirty -three dollars ($333.00). Commencing on the first annual anniversary of the Effective Date and continuing on each annual anniversary thereafter during the term, the License Fee for the ensuing year shall b e increased three percent (3%) annually.

The initial License Fee is due and payable not later than 60 days after the Installation Date, and annually thereafter. City shall provide Licensee a completed, current Internal Revenue Service Form W -9 and state and local withholding forms if required.

Licensee may make payments by check made out to the order of the City of Eastvale and sent to the address for notices or through electronic transfer subject to the City’s approval and necessary bank routing instructions.

Acceptance by City of any payment of Pole Fees shall not be deemed a waiver by City of any breach of this Agreement occurring prior thereto, nor will the acceptance by City of any such payment preclude City from later establishing that a greater amount was actually due or from collecting any balance that is due.

4.2 Electricity Charges . The Security Cameras must have their own electrical meter and shall not draw electricity from the power associated with the Streetlight to which it is attached or installed. Licensee is solely responsible for the payment to the utility service provider of all electrical utility charges that are attributable to the Security Cameras’s usage
of electricity, including the cost of installing meters for any item of Security Cameras.
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4.3 Delinquent Payment. If Licensee fails to pay any amounts due to City under this Section 4 within 45 days from the specified due date, Licensee must pay, in addition to the unpaid fees, a sum of money equal to five percent ( 5%) of the amount due for each month or fraction thereof during which the payment is due and unpaid.
5 CONSTRUCTION. Licensee must comply with all applicable federal, state, and City technical specifications and requirements and all applicable state and local codes related to the construction, installation, operation, maintenance, and control of Licensee’s Security Cameras installed in or on Streetlights in the City. City will provide 60 days written notice of any changes to its technical specifications and requirements. Changes to applicable specifications, requirements and codes will not apply retroactively unless required by Law . Licensee shall keep the Streetlight free and clear from any liens arising out of any work performed, material furnished or obligations incurred by or for Licensee.

5.1 Obtaining Required Permits. Licensee acknowledges that each installation of Security Cameras shall also be subject to then-current City permitting requirements as set out in the Eastvale Municipal Code applicable to the Security Cameras.

Licensee agrees to comply with the City’s current ordinances regarding such installations as well as any future regulations that may be adopted by the City respecting such installations. (Examples of permits which Licensee may need include an Encroachment Permit, Excavation Permit, and/or Building Permit, etc.).

5.2 Replacement of Security Cameras. Licensee may replace its approved Security Cameras with like -kind Security Cameras as needed, subject to permitting requirements in Section 5.1. Such like -kind, similar Security Cameras shall, without limitation, serve a substantially equivalent function, be a substantially similar or smaller size, and present a substantially similar appearance to the Security Cameras it replaces.

5.3 Relocation and Displacement of Security Cameras . This Agreement creates no right in Licensee to receive any relocation assistance or payment for any reason under the Relocation Assistance Act, the Uniform Relocation Assistance Act or under any existing or future law upon any expiration or termination of this Agreement.

The previous sentence notwithstanding, and subject to the terms of this Agreement or any Site License Authorization, Licensee fully releases and discharges City from all and any manner of rights, demands, liabilities, obligations, claims, or causes of action, in law or equity, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising, which arise from or relate in any manner to the full or partial termination of Licensee's right to use any Streetlight as permitted under this Agreement including, without limitation, the specific waiver and release of any right to any relocation benefits, assistance and/or payments under Government Code Sections 7260 et seq. (“Relocation Assistance Law”), notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under the Relocation Assistance Law or other state or federal law. Licensee acknowledges and agrees that the release and waiver set forth in this Section 5.3 is material consideration for City's licensing of any Streetlight to Docusign Envelope ID: 7CD509F1-5BDB-8F83-80C1-929B9270BC78 388

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Licensee on the terms set forth herein and that, but for this release and waiver, City would not have licensed such Streetlight to Licensee. It is hereby intended that the above release relates to both known and unknown claims that the Licensee may have, or claim to have, against City with respect to the subject matter contained in this Section 5.3. By releasing and forever discharging claims both known and unknown which are related to or which arise under or in connection with the items set out in this Section 5.3, the Licensee expressly waives any rights under California Civil Code Section 1542 in connection with such items, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR

HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.”

5.4 Relocation at City’s Direction . Licensee acknowledges that City may require Licensee to relocate one or more of its Security Cameras installations. Licensee will at City’s direction relocate that Security Cameras to a mutually agreeable location , at its sole cost and expense, whenever City , in its sole discretion, determines that the relocation is needed.

5.5 Relocations at Licensee’s Request . If Licensee desires to relocate any Security Cameras from one Streetlight to another, Licensee must so advise City. City will use reasonable efforts to accommodate Licensee by making another reasonably equivalent, existing streetlight at the alternative site or sites proposed by Licensee available for use in accordance with and subject to the terms and conditions of this Agreement.

5.6 Damage to Streetlight or Public Way. Whenever the
removal or relocation of Security Cameras is required or permitted under this Agreement and that removal or relocation causes the Streetlight or Public Way to be damaged, Licensee, at its sole cost and expense, must promptly repair and return the Streetlight or Public Way to a reasonably safe and satisfactory condition as directed by, and to the reasonable satisfaction of, the City Public Works Director. If Licensee does not repair the site as required above, then City will have the option, upon 30 days’ prior written notice to Licensee, to perform or cause to be performed all reasonable and necessary work on behalf of Licensee if Licensee fails to complete the repair within such 30 day period (or additional time if reasonably required). City may charge Licensee for all actual and reasonable costs incurred. Upon receipt of a demand for payment by City, Licensee must promptly reimburse City for those costs within 90 days after receipt of an invoice therefore accompanied by reasonable supporting documentation, which obligation shall survive the expiration or termination of this Agreement.

5.7 Removal of Security Cameras . Licensee shall remove the Security Cameras within thirty (30) days (i) after ceasing use but excluding any periods of non-use due to maintenance or force majeure events; or (ii) expiration or early termination Docusign Envelope ID: 7CD509F1-5BDB-8F83-80C1-929B9270BC78 389

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of this Agreement, at Licensee’s sole cost and expense. If Licensee fails to remove the Security Cameras , City is entitled to remove and dispose of the Security Cameras at Licensee’s sole cost and expense, upon thirty (30) days written notice to Licensee. In lieu of removal at Licensee’s sole cost and expense, any Security Cameras that is abandoned and not removed by Licensee within the time frames set forth in this S ection may be declared by the City (by providing written notice to Licensee after expiration of the 30-day period) to have become its sole and exclusive property, after which the City may utilize or dispose of the Security Cameras as it sees fit. Licensee’s obligations to reimburse the City for actual and reasonable costs to perform the removal and disposal of Security Cameras under this Section shall survive the expiration or termination of this Agreement.

5.8 Risk of Loss . Licensee acknowledges and agrees that Licensee bears all risks of loss or damage of its Security Cameras installed on Streetlight pursuant to this Agreement from any cause including acts or omissions of any third parties be they invitees, trespassers or other persons, or caused or resulting from any storms, floods, fires, earthquakes, wars, civil disturbances, criminal acts or other events beyond the control of the Parties, but excluding any loss or damage to the extent caused by the gross negligence or willful misconduct of City, its officers, employees, agents, or contractors .

Subject to the terms of this Agreement, the City does not warrant, guarantee, or insure the uninterrupted use of such Streetlight by Licensee, and the City shall not be liable for any cost of repair to damaged Security Cameras, including, without limitation, damage caused by the City’s removal of the Security Cameras , except to the extent that such loss or damage was caused by the willful misconduct or gross negligence of the City, including, without limitation, each of its elected officials, department directors, managers, officers, agents, employees, and contractors, subject to the limitation of liability provided in Section

6.2 below.

5.9 Maintenance and Good Repair. Licensee shall maintain any Security Cameras in good repair and in an aesthetically presentable condition. 6 INDEMNIFICATION AND WAIVER. Licensee will indemnify,
defend, protect, and hold harmless the City, its officers, employees, agents, and contractor employes, from and against liability, claims, demands, losses, damages, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorneys’ fees and costs of defense (collectively, the “Losses”) resulting from or caused by the Licensee’s activities undertaken pursuant to this Agreement including activities undertaken by its employees, officers, agents and contractors, except to the extent arising from or caused by the gross negligence or willful misconduct of City , its officers, employees, a gents, or contractors .

Licensees obligation herein to indemnify, defend, protect, and hold harmless the City, its officers, employees, agents, and contractor employes, includes any Losses resulting from or caused by Licensee’s use of the Security Cameras and recordings made by the Security Cameras. The terms of this Section 6, and Subsections 6.1 through 6.3 below, shall survive the expiration or earlier termination of this Agreement.

6.1 Waiver of Claims . Licensee waives all claims, demands, causes of action, and rights it may assert against City on account of any loss, damage, or Docusign Envelope ID: 7CD509F1-5BDB-8F83-80C1-929B9270BC78 390

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injury to any Security Cameras, or any loss or degradation of the services, resulting from any event or occurrence that is beyond the City’s reasonable control , except to the extent arising from or caused by the gross negligence or willful misconduct of City, its officers, employees, agents, or contractors.

6.2 Limitation of City’s Liability . City will be liable for the cost of repair or replacement of damaged Security Cameras arising from the gross negligence or willful misconduct of City, its employees, agents, or contractors.

6.3 Limitation on Damages. Neither Party will be liable under this Agreement or any Site License Authorization for consequential, indirect, or punitive damages (including lost revenues, loss of Security Cameras , interruption, loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the Party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. 7 INSURANCE. Licensee shall carry and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement. Licensee shall provide the following scope and limits of insurance:

A. Commercial General Liability : Licensee shall maintain Commercial General Liability insurance written on an ISO CGL form or equivalent, with limits of not less than Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) annual aggregate, covering bodily injury, property damage, personal injury, advertising injury, products/completed operations, and contractual liability. The Commercial General Liability policy shall name the City, its respective elected and appointed officers, officials, agen ts, employees and volunteers as additional insureds as their interests may appear, with respect to liability arising out of or related to Licensee’s performance under this Agreement.

Coverage shall be written on an occurrence form. Required limits may be satisfied by a combination of primary and excess or umbrella insurance.

Claims‑made policies are not acceptable for Commercial General Liability coverage.

B. Technology Errors & Omissions / Professional Liability: Licensee shall maintain Technology Errors and Omissions and/or Professional Liability insurance with limits of not less than Two Million Dollars ($2,000,000) per claim and Four Million Dollars ($4,000,000) annual aggregate, covering claims arising from or related to: Negligent acts, errors, or omissions in the design, installation, operation, monitoring, or maintenance of surveillance technology; Failure of AI‑powered systems or analytics; Improper monitoring, wrongful acts, or misuse of surveillance technology; Breach of professional duty related to data handling, processing, or analysis.

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Coverage shall include liability arising from the performance of services under this Agreement.

C. Cyber Liability / Data Breach Insurance: Licensee shall maintain Cyber Liability and Data Breach insurance with limits of not less than Five Million Dollars ($5,000,000) per occurrence and aggregate, covering liability and costs arising from: Unauthorized access to, acquisition of, or disclosure of surveillance data; Data breaches involving personally identifiable information, video footage, biometric data, or other sensitive or confidential information; Security failures of AI‑powered surveillance systems; Regulatory investigations, fines, penalties (to the extent insurable by law), notification costs, credit monitoring, forensic investigation, and incident response; Claims alleging violation of privacy rights or data protection laws.

Coverage shall apply to both first‑party and third‑party losses and shall not exclude acts of Licensee’s employees, agents, subcontrac tors, or system users.

D. Coverage for Misuse and Unauthorized Access : All required insurance policies shall expressly cover liability arising from misuse, unauthorized access, or improper dissemination of surveillance data, including but not limited to access or use by Licensee personnel, subcontractors, law enforcement, or members of the public where such access results from Licensee’s acts, errors, omissions, or system failures.

7.1 Filing of Certificates and Endorsements . Prior to the installation of any Security Cameras pursuant to this Agreement, Licensee must file with City the required original certificates of insurance with endorsements, necessary to demonstrate compliance with the insurance provisions of this Agreement . The City requires that Licensee furnish City with copies of original declarations and endorsements effecting coverage required by this A greement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. The original certificates of insurance with endorsements must state the following:
(a) The policy number; name of insurance company;
name and address of the agent or authorized
representative; name and address of insured; project
name; policy expiration date; and required coverage
amounts;
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(b) That Licensee’s required Commercial General
Liability insurance is primary and non- contributory
with r espect to any other valid or collectible
insurance that City may possess, including any
self-insured retentions that City may have; and that
any other insurance the City possesses will be
considered excess insurance only and will not be
required to contribute with this insurance; and
(c) That Licensee’s required Commercial General
Liability insurance policy waives any right of
recovery the insurance company may have against
the City.

The certificates of insurance with endorsements and notices must be mailed to the City at the address specified below in Section 9.

7.2 Insurer Criteria. All required insurance policies obtained by Licensee must be issued by companies that are admitted and licensed , authorized or permitted to do business in the State of California and that have a minimum rating assigned by A.M. Best & Company’s Key Rating Guide of “A minus” Overall and a Financial Size Category of “ VII”. Insurance policies and certificates issued by non -admitted insurance companies are not acceptable.

7.3 Severability of Interest. All self-insured retentions must be stated on the certificates of insurance, which must be sent to. “Severability of interest” or “separation of insureds” clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies.

7.4 Additional Insurance Provisions
(a) Licensee shall furnish certificates of insurance and additional insured endorsements upon execution of
this Agreement and upon request by the City.
(b) Licensee’s insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer’s liability.

8 HAZARDOUS SUBSTANCES.

8.1 For purposes of this License, the term “ Hazardous
Substances” means: (a) any substance, products, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Docusign Envelope ID: 7CD509F1-5BDB-8F83-80C1-929B9270BC78 393

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Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above cited California state statutes are hereinafter collectively referred to as the “State Toxic Substances Law”); or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and (d) asbestos.

8.2 Except as otherwise specifically permitted under the terms of this Agreement , Licensee shall not use, create, generate, store, deposit, dispose of or allow any Hazardous Substances on, under, about or within the Public Way in violation of any federal, state, or local law, rule, regulation, order, decree or other requirement listed in Section 8.1. Storage batteries for emergency power, fuel for temporary generators during power outages, and ordinary paints, solvents and similar substances commonly used in small quantities and necessary for maintenance of the Licensee’s Security Cameras are excepted from the preceding prohibition of use by Licensee of Hazardous Substances on Streetlight or the Public Way , so long as Licensee complies with all applicable federal, state and local Laws, rules and regulations governing the use of such items.

8.3 Licensee shall, within forty-eight (48) hours of the discovery by Licensee give written notice to the City in the event that Licensee discovers that any release of Hazardous Substance by Licensee in violation of applicable Laws on, under, about or within the Streetlight or Public Way which are the subject of this Agreement. The failure to disclose in a timely manner the release of a Hazardous Substance thereon by Licensee, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law (e.g., California’s Hazardous Materials Storage and Emergency Response Act, Health and Safety Code Section 25550 et seq.) shall be a material breach of this Agreement. Licensee shall immediately clean up and completely remove all Hazardous Substances placed by Licensee in violation of applicable Laws on, Docusign Envelope ID: 7CD509F1-5BDB-8F83-80C1-929B9270BC78 394

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under, about or within the Streetlight or Public Way which are the subject of this Agreement, in a manner that is in accordance with all applicable Laws.

8.4 In the event Licensee releases Hazardous Substances in the Public Way in violation of applicable Laws, Licensee shall disclose to the City the specific information regarding Licensee’s discovery of any Hazardous Substances placed, by Licensee, on, under, about or within the Public Way which are the subject of this Agreement, and provide written documentation of its safe and legal disposal, to the extent that Licensee is required to dispose of the same hereunder.

8.5 In the event Licensee releases Hazardous Substances in the Public Way in violation of applicable Laws, Licensee will be liable under this Agreement to remove and mitigate all Hazardous Substances placed by Licensee in violation of applicable Laws on, under, about or within the Public Way which are the subject of this Agreement. Licensee shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances introduced by Licensee in violation of applicable Laws during Licensee’s period of use of the Streetlight. Notwithstanding the foregoing, Licensee shall not be liable for or responsible for addressing environmental conditions that existed in the Public Way or any other City property before the execution of this Agreement, or that otherwise do not result from the activities of Licensee.

8.6 City agrees to comply with applicable State Toxic
Substances Law and federal environmental laws and regulations including those governing hazardous materials and waste, and, warrants that it administers and enforces policies, practices and procedures sufficient to achieve such compliance with respect to its Streetlight.
9 NOTICES. All notices to be given pursuant to this Agreement must be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; or (b) by means of prepaid overnight delivery service, addressed as follows:

If to City:

City of Eastvale
Attn: Jimmy Chung, Public Works Director/City Engineer
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
[email protected]
With a copy to:

Burke, Williams & Sorensen, LLP
Attn: Erica L. Vega, Partner
1700 Iowa Ave., Suite 240
Riverside, CA 92507
[email protected]
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If to Licensee:

Estancia at Eastvale Community Association
Attn: Srikanth Mannam, President
7542 Cabrillo Way
Eastvale, CA 91752
[email protected]

9.1 Date of Notices; Changing Notice Recipient or Address .

Notices will be deemed given upon receipt in the case of personal delivery, three days after deposit in the mail, or the next business day in the case of overnight delivery. Either Party may from time to time designate any other recipient or address for this purpose by written notice to the other Party delivered in the manner set forth above. 10 MISCELLANEOUS PROVISIONS . The following provisions
apply generally to the obligations of the Parties under this Agreement.

10.1 Waiver of Breach. The failure of either Party to take action to enforce compliance with any of the terms or conditions of this Agreement or any Site License Authorization shall not constitute a waiver or relinquishment of any term or condition of this Agreement or any Site License Authorization. The waiver by either Party of any breach or violation of any provision of this Agreement will not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement.

10.2 Severability of Provisions . If any provision of this Agreement is is for any reason determined to be or rendered illegal, invalid, or superseded by other lawful authority including any state or federal, legislative, regulatory or administrative authority having jurisdiction thereof, or determined to be unconstitutional, illegal or invalid by any court of competent jurisdiction that provision will be deemed to be severable from the remaining provisions of this Agreement and will not affect the legality, validity, or constitutionality of the remaining portions of this Agreement.

10.3 Governing Law; Jurisdiction . This Agreement will be governed and construed by and in accordance with the laws of the State of California, without reference to its conflicts of law principles. If suit is brought by a Party to this Agreement, the Parties agree that trial of that action will be vested exclusively in the state courts of California, County of Riverside, or in the United States District Court for the Central District of California, without waiver of any right to removal.

10.4 Covenant Not to Discriminate . In the performance of its activities pursuant to this License, Licensee agrees to comply with all applicable non-discrimination Laws.

10.5 Taxes. Licensee shall pay before delinquency all possessory interest taxes, assessments, license fees, and other charges that are levied and assessed against Licensee’s interests granted pursuant to this Agreement, if any . On demand by Docusign Envelope ID: 7CD509F1-5BDB-8F83-80C1-929B9270BC78 396
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City, Licensee shall furnish City with satisfactory evidence of these payments in the event City reasonably believes Licensee may have failed to timely make any such payments .

Licensee shall pay before delinquency all federal, state or local taxes, assessments, license fees, and other charges that are levied and assessed against Licensee’s Security Cameras installed or located in or on a Streetlight and that become payable during the term. On demand by City, Licensee shall furnish City with satisfactory evidence of these payments in the event City reasonably believes Licensee may have failed to timely make any such payments.

10.6 AS IS CONDITION OF STREETLIGHT. Streetlights
licensed to Licensee pursuant to this Agreement are licensed to and accepted by Licensee “as is” and with all faults. The City makes no representation or warranty of any kind as to the present or future condition of or suitability of the Streetlight for Licensee’s use and disclaims any and all warranties express or implied with respect to the physical, structural, or environmental condition of the Streetlight and the merchantability or fitness for a particular purpose. Licensee is solely responsible for investigation and determination of the condition and suitability of any Streetlight for Licensee’s intended use.

10.7 Representations and Warranties . Each of the Parties represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform its obligations hereunder and that those obligations will be binding upon that Party without the approval or consent of any other person or entity. Licensee represents that it has a franchise or other authorization to enter into this Agreement to use the Public Ways for purposes contemplated in this Agreement. City represents that City owns all Streetlight for the use of which it is collecting from Licensee the Pole Fee pursuant to this Agreement.

10.8 Amendment of Agreement . This Agreement may be
amended only by a written instrument signed by both Parties.

10.9 Entire Agreement . This Agreement contains the entire understanding between the Parties with respect to its subject matter. There are no representations, agreements, or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement that are not fully expressed herein.

10.10 Force Majeure . Neither Party shall be responsible for delays in the performance of its obligations caused by events beyond the Party's reasonable control, including, but not limited to, acts of God.

10.11 Third Party Beneficiaries. This Agreement is intended for the benefit of the Parties hereto and their respective successors and permitted assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.

10.12 Assignment. Licensee shall not assign its interest in this Agreement to a third party without the City’s prior written consent.

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Docusign Envelope ID: 7CD509F1-5BDB-8F83-80C1-929B9270BC78 398
15 4923-3472-1937 v2
TO EFFECTUATE THIS AGREEMENT, each of the Parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth below the authorized signature.

CITY OF

EASTVALE ESTANCIA AT EASTVALE

COMMUNITY ASSOCIATION
_____________________________ ___________________________ Ma
rk Orme Srikanth Mannam
City Manager President

APPROVE
D AS TO FORM: ___________________________
Alan Rubenstein
Secretary
__________________________
Erica L. Vega
City Attorney
ATTEST:

__________________________
Mar
c Donohue
City Clerk
Docusign Envelope ID: 7CD509F1-5BDB-8F83-80C1-929B9270BC78 399

EXHIBIT A

LOCATION MAP
The following table identifies the specific locations for the ALPS and CCTV cameras. All devices are to be mounted on existing City poles to minimize visual impact and avoid the installation of new poles.

Site Reference Camera Type Primary Intersection / Street Pole/Object ID 1 ALPS Citrus St & Sumner Ave 2557
2 ALPS Citrus St & Granja Vista Del Rio 2575
3 CCTV Berts Wy & Granja Vista Del Rio E4287
4 ALPS Cactus Flower St & Soaring Bird Ct E4221
5 CCTV Hertz Pl & Estancia Ln E4283
[Reference: Please see the following page for the Location Map] 400
Citrus St
Granja Vista
Del Rio
Sumner Ave
ALPS
Cactus Flower St
Soaring Bird Ct
Estancia Ln
Berts Wy
Hertz Pl
CCTV
Location Map
3 401
Citrus St
Granja Vista
Del Rio
Sumner Ave
ALPS
Cactus Flower St
Soaring Bird Ct
Estancia Ln
Berts Wy
Hertz Pl
CCTV
Location Map
3 402

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.1
May 13, 2026
Ordinance Amending Municipal Code Sec*on 130.44.010
Regarding Utility Undergrounding
Prepared By:

Jimmy Chung, Director of Public Works/City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council introduce an ordinance entled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 130.44.010 OF THE

EASTVALE MUNICIPAL CODE REGARDING UNDERGROUNDING OF UTILITY LINES

Summary
The proposed Ordinance updates the City’s requirements for the undergrounding of overhead ulies during development. This amendment clariﬁes that developers are responsible for undergrounding both new and exisng ulity lines along their enre project frontage, extending to the nearest oﬀ-site pole. Addionally, the amendment removes an obsolete reference to a previous ordinance with a direct reference to the City of Eastvale’s current Standards for Design and Construction.

Background
Currently, Secon 130.44.010 of the Eastvale Municipal Code (EMC) governs the ulity undergrounding requirements. Following a departmental review of these provisions, staﬀ idenﬁed several areas where the language was either ambiguous or outdated.

The proposed amendment reinforces that both new and exisng electrical, communicaon, and cable lines must be undergrounded. It further clariﬁes that a developer’s responsibility includes the full project frontage and the extension of improvements to the nearest exisng oﬀ-site pole, ensuring a clear stopping point for the undergrounding requirement. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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These changes do not represent a signiﬁcant shiE in City policy but rather a cleanup of the code to ensure clarity, technical accuracy, and consistent application of development requirements.

Environmental
The proposed Ordinance is not a project as deﬁned by the California Environmental Quality Act (CEQA). As a result, no environmental review efforts are required.

Strategic Plan Action - Priority Level: N/A
| Target #: C
| Goal #: F
The ordinance reinforces that developers are responsible for the costs of undergrounding both new and existing utility lines along their project frontage.

Fiscal Impact
The adopon of this Ordinance has no direct impact on the City’s General Fund. The costs associated with ulity undergrounding are the responsibility of the private developer as a condion of project approval.

Prior City Council/Commission Action
There is no prior Council action on this item.

Attachment(s)
Attachment - Ordinance Amending Utility Undergrounding Requirements.docx

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4937-5513-4633 v1

ORDINANCE NO. 26-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE , CALIFORNIA, AMENDING SECTION 130.44.010 OF THE EASTVALE

MUNICIPAL CODE REGARDING UNDERGROUNDING OF UTILITY LINES

WHEREAS, Eastvale Municipal Code Section 130.44.010 requires electrical power lines, telephone and other communication lines, street lighting lines, and cable television lines to be placed underground in conjunction with new development for which a subdivision map is approved; and

WHEREAS, the City desires to amend said section to clarify undergrounding requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendment. Section 130.44.010 of the E astvale Municipal Code is hereby amended to read as follows:

“Sec. 130.44.010. - Installation requirements.

(a) Except for transmission lines of 66 kilovolts (kV) or higher, all new and existing electrical power lines, telephone or other communication, street lighting and cable television lines shall be placed underground. Developers are responsible not only for the utilities on their property but also for undergrounding the full project frontage, extending to the nearest existing pole off-site.

(b) The owner or land divider is responsible for complying with the requirements of this section and shall make neces sary arrangements with the serving agencies for the installation of such facilities.

(c) For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, concealed ducts, and pedestal mount terminal boxes and meter cabinets may be placed above ground.

(d) Underground lines shall not be required:

(1) In any land division or portion thereof where a licensed geotechnical engineer certifies in a site-specific geotechnical report that underground installation is infeasible due to severe soil or topographical problems, and the City’s geotechnical engineer concurs.

(2) In any case in which it is determined that the use of overhead facilities is compatible with the surrounding development and is not inconsistent with the purposes of this title, underground lines as to all or a portion of a land division may be waived at the time of the approval of the tentative map. Application shall be made in writing by the land divider at the filing of the tentative map, stating fully the facts and grounds upon which the waiver is sought. 405

4937-5513-4633 v1

(e) When arrangements are made with the serving agency, a letter stating that arrangements have been made for underground facilities and such other comments the agency may ha ve regarding easements, utility locations, and other pertinent matters must be submitted by the agency to the City Engineer.

(f) Distribution lines must be underground when alignments parallel or cross scenic highways, natural scenic and historic sites, recreation areas, wildlife refuges, national and state monuments or other unique natural resources when it is deemed feasible.

(g) Street lighting shall conform to the provisions and processing procedures as outlined in the City of Eastvale Standards for Design and Construction of Public Improvements.”

SECTION 2. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phr ase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 3. Effective Date . This ordinance shall take eff ect thirty (30) days after its passage by the City Council.

SECTION 4. City Clerk Action . The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ORDAINED this __ day of ___________, 2026.

__________________________________________
Jocelyn Yow
Mayor

APPROVED AS TO FORM: ATTEST:

406

4937-5513-4633 v1

__________________________________________ __________________________________________ Erica L. Vega Marc A. Donohue, MMC
City Attorney City Clerk

407

4937-5513-4633 v1

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 26-__, was introduced at a regular meeting of the City Council of the City of Eastvale held on the __ day of ________, 2026, and was passed by the City Council of the City of Eastvale at a regular meeting held on the __ day of _________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Marc A. Donohue, MMC
City Clerk

408

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.2
May 13, 2026
Amend Chapter 4.28 to align with Senate Bill 346 (The Short Term Rental Facilitator Act of 2025)
Prepared By:

Johnny Terfehr, Community Safety and Technology Director Recommended Action(s)
Staﬀ recommends that the City Council introduce the proposed ordinance entled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE ADDING A NEW SECTION 4.28.300 TO THE CITY OF EASTVALE MUNICIPAL CODE TO ALIGN WITH SENATE BILL 346 (THE SHORT-TERM RENTAL FACILITATOR ACT OF 2025)

Summary
SB 346 establishes the Short Term Rental Facilitator Act of 2025 (Government Code secon 50990 et seq.), which is designed to strengthen tax collecon from short term rental facilitators such as Airbnb, VRBO, and similar pla?orms. To ensure alignment with this law, City staﬀ recommends updating Chapter 4.28 of the City's municipal code.

Background
On October 13, 2025, Senate Bill (SB) 346 was signed into law. SB 346 establishes the Short Term Rental Facilitator Act of 2025 (Government Code secon 50990 et seq.), which is designed to strengthen tax collecon from short term rental facilitators such as Airbnb, VRBO, and similar pla?orms. SB 346 authorizes local agencies to impose administrave ﬁnes or penales on facilitators that fail to submit required reports. It also permits a local agency to iniate an audit or examine records to verify the collecon and remiDance of transient occupancy tax (TOT) when a facilitator is responsible for doing so under a local ordinance or collection agreement.

The City currently prohibits all short term rentals under Section 120.04.160 of the Eastvale Municipal 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Code. Short term rental (STR) stays are considered transient occupancies and are therefore subject to the City's transient occupancy tax (TOT), administered under Chapter 4.28 of the EMC. Although STRs are prohibited within the City, TOT obligaons sll apply to any illegally operang STRs.

Because the City prohibits STRs, the City does not have any TOT collecon agreements in place with STR facilitators and the City's TOT ordinance does not require STR facilitators to collect TOT - this obligation belongs to the operator of the STR.

The proposed ordinance requires STR facilitators to submit reports to the City, upon request, idenfying the STRs they facilitated during the reporng period. The reporng period is monthly to align with the City's exisng TOT reporng requirements. Importantly, the reports facilitators must provide do not include ﬁnancial informaon; they are limited to idenfying the physical locaons of STRs. To collect TOT from an illegal STR, the City must rely on the procedures in Secon 4.28.120 for failure to collect and report, which require gathering suﬃcient facts to esmate the tax owed.

Therefore, the primary beneﬁt of the proposed ordinance is that it will allow the City to request reports from STR facilitators that assist the City with identifying illegally operating STRs in the City.

Although the City has not yet encountered a circumstance requiring the City to request reports from STR facilitators to assist with idenfying illegally operang STRs, staﬀ recommends adopon of the ordinance as a precauonary measure. Enacng the ordinance now ensures the City is equipped with appropriate tools should future conditions warrant their use.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
Adoption of the proposed ordinance amendment is expected to have no significant fiscal impact.

Prior City Council/Commission Action
There is no prior Commission or City Council action.

Attachment(s)
Attachment 1 - Chapter 4.28 Ordinance Amendment

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4926-2056-2582 v1
ORDINANCE NO. 26-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE ADDING A NEW SECTION 4.28.300 TO THE CITY OF EASTVALE
MUNICIPAL CODE TO IMPLEMENT SENATE BILL 346 (THE SHORT - TERM RENTAL FACILITATOR ACT OF 2025)
WHEREAS, the City of Eastvale, California is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, the City is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City prohibits Short-Term Rentals (“STRs”) under Section 120.04.160 of the Eastvale Municipal Code (“EMC”); and
WHEREAS, STR occupancies are transient occupancies subject to the City’s transient occupancy tax (“TOT”), administered under Chapter 4.28 of the EMC; and WHEREAS, though STRs are prohibited in the City, the TOT still applies to illegally operating STRs in the City; and
WHEREAS, in 2025, the Legislature enacted Senate Bill 346, adding Government Code section 50990 et seq., known as the “Short-Term Rental Facilitator Act of 2025,” which authorizes a city to adopt an ordinance making the Act operative within its jurisdiction and, if adopted, authorizes the City to require “short-term rental facilitators,” as defined in the Act, to report to the City upon request the address of each STR facilitated by the short-term rental facilitator within the reporting period for the purposes of enhancing TOT collection and remittance; and
WHEREAS, the City Council finds that adopting this ordinance will help the City in identifying illegal STRs operating in the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. Amendment. Section 4.28.300 is hereby added to the Eastvale Municipal Code to read as follows:
“Sec. 4.28.300. - Short-term rental facilitators.
411

4926-2056-2582 v1
(a) Pursuant to Government Code section 50990(b), the City hereby adopts and makes applicable within the City’s jurisdictional boundaries the Short-Term Rental Facilitator Act of 2025 (Gov. Code, § 50990 et seq.). The definitions set forth in Government Code section 50991 are incorporated by this reference and apply to this section. (b) Upon request by the City, each short-term rental facilitator must report, in the form and manner prescribed by the City, the physical address, including nine-digit ZIP Code, of each short- term rental during the reporting period. The reporting period may be no more frequently than monthly.
(c) If the information provided under paragraph b is not sufficient for the City to identify a specific short-term rental at the provided address, the City may request (1) the assessor parcel number of the short-term rental, (2) the URL associated with the specific short-term rental listing, and (3) the information exclusively related to the identification of an accessory dwelling unit, guest house, or single unit of a timeshare or multifamily housing project located at a single address, which is located at the address or assessor parcel number requested. (d) A short-term rental facilitator must include in the listing of a short-term rental any applicable local license number associated with the short-term rental and any transient occupancy tax certification issued by a local agency.
(e) A short-term rental facilitator’s failure to timely and properly report the information required by this section in the form and manner prescribed by the City may result in issuance of an administrative citation under Chapter 8.17 of this code.” SECTION 3. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. Effective Date . This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 5. City Clerk Action . The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).

412

4926-2056-2582 v1
PASSED, APPROVED AND ORDAINED this __ day of ___________, 2026.

_______________________________________
Jocelyn Yow
Mayor

APPROVED AS TO FORM: ATTEST:

_______________________________________ _______________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk

413

4926-2056-2582 v1

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 26 -__, was introduced at a regular meeting of the City Council of the City of Eastvale held on the __ day of ________, 2026, and was passed by the City Council of the City of Eastvale at a regular meeting held on the __ day of _________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Marc A. Donohue, MMC
City Clerk

414

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.3
May 13, 2026
Proposed Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2026/2027 through 2030/2031
Prepared By:

Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staﬀ recommends that the the City Council review and provide recommenda!ons on the Proposed Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2026/2027 through 2030/2031.

Summary
Each year, as part of the City's budget process, the City Council reviews and adopts a Five-Year Capital Improvement Plan (CIP) in accordance with California Government Code Sec!on 65403. The City of Eastvale’s Five-Year CIP serves as a strategic blueprint for infrastructure planning and investment. It includes detailed project descrip!ons, cost es!mates, project status, priori!za!on, and categoriza!on—all with the goal of improving quality of life and addressing the City's long-term infrastructure needs. This comprehensive planning tool ensures transparency, ﬁscal responsibility, and eﬃcient alloca!on of resources, thereby suppor!ng the successful delivery of capital projects throughout the five-year planning period.

The CIP addresses a broad range of project types, including cri!cal, essen!al, and desirable improvements across categories such as transporta!on, parks and recrea!on, public safety, maintenance, u!li!es, accessibility enhancements, and public facili!es. Each project is assessed and categorized based on its urgency and anticipated community benefit.

Pursuant to California Government Code Sec!on 65090, the adop!on of the Five-Year CIP requires public hearings by both the Planning Commission and City Council, providing opportuni!es for community input prior to formal adoption through resolution. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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At this mee!ng, the City Council will have the opportunity to review the proposed updates to the Five-Year CIP for Fiscal Years 2026/2027 through 2030/2031. Based on the Council’s feedback and direc!on, City staﬀ will ﬁnalize the document and return at a future mee!ng for formal adop!on after Planning Commission review as required by Government Code Section 65403.

Background
The Capital Improvement Plan (CIP) is overseen by the Public Works Department and serves as a strategic framework for the planning, design, and construc!on of various infrastructure projects throughout the City. These include improvements in transporta!on, drainage, public facili!es, and parks. Public Works staﬀ are responsible for managing all phases of CIP projects—from ini!al planning and design to final construction and project closeout.

For Fiscal Years
2026/2027 through 2030/2031
, staﬀ has iden!ﬁed a total of thirty-seven (37)
proposed capital improvement projects. These projects have been grouped into the following ﬁve categories:

1 .

Accessibility Improvements
2 .

Roadway Safety and Traffic Enhancements
3 .

Street Improvements
4 .

Citywide Maintenance
5 .

Land, Buildings, Facilities, and Equipment

Each project has also been assigned a priority level based on its urgency, funding availability, and alignment with community needs. The three priority levels are defined as follows:

Critical – Projects that are urgent and necessary for public safety or regulatory compliance Essential – Projects that significantly enhance operations or services Desirable – Projects that provide added value but are not immediately necessary

Staﬀ respecEully recommends that the City Council review the proposed project list and priority designa!ons for the Five-Year CIP for Fiscal Years
2026/2027 through 2030/2031
, and provide
feedback and recommendations for finalization:

Critical Projects

Project
Number
Project Name
Category
Project Status
Note
95025
Civic Center Surface
Parking Lot
Land, Building,
Facilities &
Equipment
Design
New
95024
Civic Center Parking
Structure
Land, Building,
Facilities &
Equipment
Planning

95023
Civic Center Site
Improvement
Land, Building,
Facilities &
Equipment
Construction

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95017
Public Works Yard
Facility Project
Land, Building,
Facilities &
Equipment
Design

95014
Police Station
Land, Building,
Facilities &
Equipment
Construction

95012
Library
Land, Building,
Facilities &
Equipment
Construction

95011
City Hall
Land, Building,
Facilities &
Equipment
Construction

94016
Parkway Landscape
Infill and Enhancement
Project
Citywide
Maintenance
Planning
New
94015
Tree Management
Plan and Installation
Project
Citywide
Maintenance
Planning
New
94014
Beautification Project
at Sumner Ave and
Bellegrave Ave
Citywide
Maintenance
Design

94010
Citywide Branding:

Entryway and Median
Improvements
Citywide
Maintenance
Design

94006
Citywide Traffic Signal
Synchronization –
Phase 1 Arterials
Citywide
Maintenance
Design

94005
Miscellaneous
Traffic/Pedestrian
Safety
Citywide
Maintenance
Annual Project

94001
Pavement Slurry Seal
and Resurfacing
Project
Citywide
Maintenance
Annual Project

93040
Hamner Utility Trench
Repair
Street
Improvements
Construction

93039
Median Improvement
Project at River Rd,
Cantu Galleano Rd,
and Archibald Ave
Street
Improvements
Construction

93037
Limonite Gap
Pedestrian Bridge
Street
Improvements
Design -
Engineering

93034
Hellman Avenue Street
Widening and Walters
Pedestrian Bridge
Street
Improvements
Design -
Engineering

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93018
Annual Overlay
Street
Improvements
Annual Project

92021
Traffic Signal
Improvement at
Sumner and 68th
Roadway
Safety/Traffic
Improvements
Design -
Engineering

92001
Traffic Sign Inventory
and Replacement
Roadway
Safety/Traffic
Improvements
Annual Project

Of the twenty-one (21) proposed Cri!cal projects in the Capital Improvement Plan, four are iden!ﬁed as ongoing annual maintenance eﬀorts essen!al for preserving and extending the life of the City’s infrastructure. These include recurring ini!a!ves such as annual pavement overlays and residen!al slurry seal programs. The remaining seventeen (17) projects are designated as Cri!cal due to their alignment with key priori!es outlined in the City’s Strategic Plan, adherence to grant funding timelines, or their urgency in addressing time-sensitive community and public safety needs.

Among these, the Civic Center con!nues to be one of the City’s highest priority capital projects. This comprehensive development aims to establish a centralized civic campus that includes the construc!on of a new City Hall (Project No. 95011), public library (Project No. 95012), police sta!on (Project No. 95014), and associated site improvements (Project No. 95023), suppor!ng the City’s long-term vision for enhanced public service delivery.

Below is a brief summary of the new projects added to the Critical list:

Civic Center Surface Parking Lot: this project will construct a new surface parking structure to support the anticipated increase in parking demand associated with the new Civic Center.

Parkway Landscape Inﬁll and Enhancement Project: the project scope includes iden!fying parkway areas where landscaping has been removed and not replaced, and inﬁlling those areas with in-kind materials to restore and enhance aesthetics.

Tree Management Plan and Installa!on Project: the project scope includes developing a tree management plan for the City and implemen!ng it by plan!ng new trees in the City’s right-of- way to fill gaps and enhance overall beautification

Essential Projects
Project Number
Project Name
Category
95022
Citrus Reimagined Project
Land, Building, Facilities &
Equipment
95020
OCPW Land Use - Passive Park
Land, Building, Facilities &
Equipment
95016
Fire Medic Squad Replacement
Land, Building, Facilities &
Equipment
95015
Fire Aerial Ladder Truck Purchase
Land, Building, Facilities &
Equipment
95013
Fire Station
Land, Building, Facilities &
Equipment
94011
Smart City Masterplan
Citywide Maintenance
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94007
Citywide Traffic Signal Synchronization
- Phase 2 Collectors
Citywide Maintenance
94004
Street Maintenance: Pot Holes, Deep
Patch, and Crack Seal
Citywide Maintenance
93036
Streetlight Installation Project
Street Improvements
93027
Schleisman Road Mobility, Safety and
Connectivity Project
Street Improvements
92020
Hamner Avenue Beautification Project
Roadway Safety/Traffic
Improvements
92012
Improvement of Bike Network
Connectivity
Roadway Safety/Traffic
Improvements
91010
Citywide Americans and Disability Act
Improvement Project
Accessibility Improvements

Desirable Projects
Project Number
Project Name
Category
92018
Orchard Park to American Heroes Park
Trail
Roadway Safety/Traffic
Improvements
92014
Roadway Vision
Roadway Safety/Traffic
Improvements
92011
Traffic Signal Battery Backup Systems
Roadway Safety/Traffic
Improvements

Despite the proposed project priority list, the City Council can revise the project priority list as needed. Based on City Council's direction, the adopted project priority list will be incorporated in the draN 5-Year CIP for the City Council's review at a subsequent City Council mee!ng and the proposed CIP budget will reflect as such.

Staff recommends the following projects to be removed from the Five-Year CIP:
92019 SCE Easement Trail Improvement along 68th Street
95019 Santa Ana River Area Passive Park
92013 Limonite Interchange Gateway Feature
Environmental
As this is a workshop and no ﬁnal ac!on to approve the CIP, CEQA compliance is not required at this time.

Strategic Plan Action - Priority Level: 1
| Target #: E
| Goal #: A
The adop!on of the City's Five-Year CIP for the 2026-2027 budget cycle will support the development of a Civic Center and support ﬁnancial planning eﬀorts for newly proposed infrastructure projects.

Fiscal Impact
The ranking of top priority projects in Five-Year CIP does not result in a direct fiscal impact. However, the selected projects will determine the City's CIP budget for the upcoming 2026-2027 ﬁscal year. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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The City's infrastructure projects are ﬁnanced through various funding sources, including SB 1, Gas Tax, SB 132 Road Maintenance and Rehabilita!on Account, Measure A, Community Development Block Grant, federal grants, state grants, developer contribu!on, ﬁre structural funds, County Flood Control funds, development impact fees, and General Fund. Budget for the 2026-27 ﬁscal year will be adopted in June with the Operating and Capital Improvement Budget.

Prior City Council/Commission Action
There is no prior City Council/Commission Action for this item.

Attachment(s)
Not Applicable.
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AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.4
May 13, 2026
Quarterly Economic Development Updates
Prepared By:

Alexander Fung, Economic Development Manager
Recommended Action(s)
Staff recommends that the City Council receive and file the report.

Summary
Housed under the City Manager’s Oﬃce, the City’s Economic Development Division plays a cri#cal role in advancing, eleva#ng, and suppor#ng the City Council’s Strategic Plan by driving long-term economic vitality, community prosperity, and ﬁscal resilience. As a core func#on of local government, the Economic Development Team directly supports the City’s ability to fund essen#al public services, enhance residents’ quality of life, and invest in public infrastructure. As a result, the Economic Development Team designs, implements, and supports ini#a#ves focused on business a*rac#on, business reten#on, community growth, government rela#ons, and workforce development.

Addi#onally, the Division leads cross-departmental special projects that address emerging challenges and opportuni#es, while partnering with other City departments and external partners to leverage resources and secure funding that strengthens public infrastructure and the City’s services.

Staﬀ seeks to provide the City Council with an update on key economic development programs, initiatives, and outcomes achieved over the past several months.

Background
The 2025 Eastvale Strategic Plan outlined specific actions for the City’s Economic Development Team to support the City Council’s goals. Target B of the Strategic Plan speciﬁcally highlights the following 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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actions:

Goal A: Attract and retain businesses;
Goal B: Create “Destination Eastvale;”
Goal C: Develop branding for Eastvale;
Goal D: Develop strategies for business retention, business support, and business reward; Goal E: Implement strategies to retain local talent;
Goal F: Reinvest in and revitalize existing shopping centers; Goal G: Streamline the development process; and
Goal H: Prioritize City beautification in order to increase business attraction.

Addi#onally, the Economic Development Team works to support other economic development- related goals in the City’s Strategic Plan, including:

Target
Goal
Description
A
D
Increase law enforcement involvement with the community C
H
Evaluate connections between economic development and
financial planning
C
I
Leverage grant funding
D
B
Develop strategies for art in public places
D
C
Expand modes of communication beyond social media
E
A
Develop and construct Civic Center
F
H
Invest in technology improvements to enhance customer
service

Analysis
This sec#on summarizes major updates regarding the City’s Economic Development programs and initiatives for the past several months.

2026 Strategic Planning
In January 2026, the Economic Development Team conducted an internal workshop to ensure that the Division’s work remains directly aligned with the City Council’s Strategic Plan, budget priori#es, and community values. Through thorough analyses and evalua#ons, staﬀ iden#ﬁed addi#onal projects that can elevate and enhance the City’s economic development, workforce development, and community development activities, including:

Creating an interactive Digital Business First/Economic Development Portal; Crea#ng opportunity ﬂyers that are site-speciﬁc and industry-speciﬁc to assist with a*rac#ng desirable businesses and brands;
Encouraging local businesses to promote local hiring; and Increasing the City’s presence in Inland Empire’s real estate conferences.

Business First Initiative
Since its launch in July 2025, the Business First Ini#a#ve has been successful in helping businesses to be*er understand every phase of the business development process. Flowcharts and videos were created to clarify permiEng and inspec#on processes, which are par#cularly helpful to ﬁrst-#me business owners and managers. Overall, this initiative has gained recognition from regional and state 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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economic development organiza#ons such as the California Associa#on of Local Economic Development (CALED) and the Inland Empire Economic Partnership (IEEP).

Last year, the Economic Development Team partnered with the Human Resources Department to hold a series of staﬀ trainings to elevate customer experiences for residents and businesses. As a result, each department is encouraged to implement at least one addi#onal strategy or ini#a#ve that can help residents or businesses feel at ease when interac#ng with their respec#ve department staff.

Informa#on regarding the Business First Ini#a#ve, and its resources, can be found at https://www.eastvaleca.gov/business/business-first-program.

Business First Walks
Staﬀ con#nues to conduct the Eastvale Business First Walks as a collabora#ve business reten#on ini#a#ve involving City leadership, city staﬀ, regional partners, public safety, and community volunteers. The program includes three coordinated walk series designed to strengthen rela#onships with the local business community. Council Business Walks focus on engagement and recogni#on of both long-standing and new businesses, with Public Safety Walks emphasizing crime preven#on and safer business environments in partnership with the Riverside County Sheriﬀ’s Department. Staﬀ Business Walks ensure comprehensive outreach by visi#ng every business to share resources, build connec#ons, and gather feedback. Collec#vely, these eﬀorts promote public safety, strong partnerships, and proactive public engagement across Eastvale’s shopping centers.

Business Incentive Programs
The City con#nues to operate its Business Incen#ve Loan Program and its Shopping Center License Plate Reader (LPR) Camera Grant Program to a*ract desirable businesses and support public safety eﬀorts in exis#ng shopping centers. Staﬀ con#nues to engage with businesses that received awarded loan funds to ensure repor#ng compliance eﬀorts. Pursuant to AB 562, the Economic Development Team will prepare necessary 5-year economic development subsidy reports for businesses that have received $100,000 or more in public funds for the purposes of economic development.

These incen#ve programs are widely publicized in local and regional real estate groups. Interested businesses are recommended to ﬁrst contact the City’s Economic Development Team prior to submitting an application to ensure that all inquiries and questions were addressed.

Addi#onal informa#on can be found on h*ps://www.eastvaleca.gov/business/programs-and- incentives.

Community Outreach and Engagement
The Economic Development Division embraces the importance of engaging with community members and ac#vely partners with the Communica#ons Division to share relevant economic development news with local residents and businesses. Informa#on is shared via the City’s social media plaJorms, newsle*ers, podcast episodes, and website. The City’s economic development webpage, which can be found at h*ps://www.eastvaleca.gov/business, includes various resources for business owners and individuals who are interested in starting businesses in Eastvale.

Currently, staﬀ implements a total of 5 economic development social media series, including the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Business First Series that features the City’s resources for businesses, the Business Walk Series that highlight the City’s business outreach visits, the Eastvale Insider Series that showcase the stories of Eastvale’s local businesses, the Takeout Tuesday Series to feature Eastvale’s eateries and restaurants, and the Self-care Sunday Series to highlight Eastvale businesses that provide beauty and healthcare services.

Furthermore, staﬀ con#nues to operate quarterly broker and developer newsle*ers directed at sharing the City’s available commercial spaces in detail. This newsle*er is shared with the Inland Empire’s commercial brokers and agents to generate addi#onal awareness about the City’s vacant spaces.

Staﬀ recently par#cipated in the City’s Lantern Fes#val to check-in with par#cipa#ng businesses and engage with local residents. City events oKen create low-barrier and informal opportuni#es to engage with local and regional businesses that may not otherwise interact with city staﬀ. Vendors are oKen more open to conversa#on in these seEngs, allowing staﬀ to build rela#onships and understand real-#me insight into local business environments. At #mes, these vendors serve as possible candidates for brick-and-mortar expansion in the community.

Film Ordinance
The Economic Development Team is upda#ng the City’s Film Ordinance to posi#on Eastvale as a compe##ve and ﬁlm-friendly loca#on for produc#on ac#vi#es. Produc#ons can signiﬁcantly enhance the City’s visibility and reputa#on while genera#ng economic beneﬁts such as job crea#on, tourism, and increased spending. According to the Inland Empire Film Commission, produc#on companies typically invest in local hotels, catering services, equipment rentals, and retail businesses. Upda#ng the Film Ordinance demonstrates the City’s commitment to suppor#ng the ﬁlm industry and streamlining the produc#on process. Staﬀ is preparing the Film Ordinance, Film Policy, and Film Application drafts for the City Council’s review in the coming months.

Grants
The Economic Development Division manages and coordinates several grant-related ini#a#ves to leverage available grant opportuni#es. In par#cular, the Economic Development Team manages the City’s Community Development Block Grant (CDBG) and eﬀorts to obtain speciﬁc federal and state grants. Staﬀ recently submi*ed several grant applica#ons to seek funding to support the City’s Santa Ana Riverbed Hazardous Fuels Reduc#on Project, ouJit a new ﬁre engine, purchase thermal imaging cameras for ﬁreﬁghters, and purchase ﬁrst-responder drone equipment for law enforcement officers.

Last month, Congresswoman Norma Torres announced a $3,100,000 Community Project Funding (CPF) award to the City to support the construc#on of the new Eastvale Library. This request was submitted as part of last year’s CPF funding cycle.

I-15 Economic Development Collaborative
In 2024, the City of Eastvale led the forma#on of the I-15 Economic Development Collabora#ve with the Ci#es of Corona, Eastvale, Fontana, Jurupa Valley, Norco, Ontario, and Rancho Cucamonga to leverage resources in prepara#on for the 2028 Los Angeles Summer Olympics (LA28). The Collabora#ve convenes quarterly to share best prac#ces and discuss LA28 prepara#on strategies.

Examples of collabora#ve opportuni#es include hos#ng Olympic Fan Zones throughout the Inland Empire, exploring the possibility of streamlining permiEng requirements across mul#ple 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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jurisdic#ons during LA28, developing a regional branding and marke#ng campaign, and crea#ng art installations.

For the past several months, the Collabora#ve began developing detailed plans to launch oﬃcial prepara#on ac#vi#es. The Collabora#ve is also planning to host a half-day City Manager/Economic Development Summit in June 2026 to showcase each city’s hallmark economic development and infrastructure improvement projects.

Through the City’s involvement in preparing for LA28, several na#onal Olympic teams expressed interest in evaluating opportunities in training their athletes in Eastvale prior to the LA28 Olympics.

ICSC and Real Estate Conference
As part of the Economic Development Division’s business a*rac#on strategy, staﬀ a*ends Interna#onal Council of Shopping Centers’ (ICSC) conferences to build and maintain rela#onships with business representa#ves. The upcoming ICSC conference, known as ICSC Las Vegas, will be held at the Las Vegas Conven#on Center between May 18, 2026 and May 20, 2026. These conferences are excellent opportuni#es for the City to meet with brokers, business owners, and developers to understand their needs and encourage business expansion. Additionally, the Economic Development Team recently a*ended the 2026 Entertainment Evolu#on Experience (EEE) Conference on February 24, 2026 to connect with brokers from entertainment brands.

Independent ZIP Code Advocacy
In March 2026, members of the City Council and staﬀ joined 8 ci#es from the Na#onal ZIP Code Advocacy Coali#on to lobby in Washington, D.C. to reconnect with federal legislators and garner support for the City’s ZIP code legisla#on, H.R. 672 and S. 1455. With H.R. 672 passing the House of Representa#ves in July 2025, the legisla#on is now awai#ng the Senate’s ac#ons. If passed, the City will be granted a new and independent ZIP code.

Recognition
The City proudly received an Award of Merit from the California Associa#on for Local Economic Development (CALED) for the City’s Business Concierge Program. The 2026 CALED Awards recognized successful economic development programs that were implemented or launched in 2025.

Regional Collaboration
In addi#on to leading the I-15 Economic Development Collabora#ve, the Economic Development Team is closely connected to Discover Inland Empire and TeamCalifornia. Together, these two organiza#ons focus on providing addi#onal opportuni#es for the City to generate tourism, promote des#na#on marke#ng, and elevate business recruitment ac#vi#es. The City beneﬁts from established marke#ng plaJorms and data that enhance Eastvale’s promo#on without duplica#ng eﬀort or cost, maximizing limited staﬀ and ﬁnancial resources through shared exper#se and collabora#on. Staﬀ aims to partner with these organiza#ons to host a broker and business tour in the coming months.

Shopping Center Success Roundtable
The City holds periodic roundtable mee#ngs with property managers and lessors to foster collabora#on and mutual support. Mee#ngs are structured to allow staﬀ to share updates on major 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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City ini#a#ves and discuss shared challenges and opportuni#es. This plaJorm serves as a rela#onship-building space for the City to proac#vely address challenges and strength Eastvale’s commercial centers to boost economic growth. The most recent mee#ng was held on February 2, 2026.

Workforce Development
In partnership with the Riverside County Workforce Development Board, staﬀ is preparing to host a job fair later this year. The job fair can connect residents to employment opportuni#es by providing direct access to local and regional employers and assist local businesses to address workforce shortages. This also provides an opportunity for the City to understand local workforce needs and tailor programs for training purposes. Addi#onal informa#on regarding the job fair will soon be available on the City’s website and social media platforms.

Environmental
Pursuant to Sec#on 15378 of the California Environmental Quality Act (CEQA) Guidelines, organiza#onal or administra#ve ac#vi#es of governments that do not result in direct or indirect physical changes in the environment are not considered as CEQA projects.

Strategic Plan Action - Priority Level: 1
| Target #: B
| Goal #: A
The City’s Economic Development Team supports efforts to attract and retain businesses in Eastvale.

Fiscal Impact
Funds to implement the City’s economic development ini#a#ves are budgeted within the Economic Development Division in the General Fund. Staﬀ ac#vely con#nues to search for relatable grant funding to support additional economic development efforts.

Prior City Council/Commission Action
The City Council receives quarterly economic development updates during City Council mee#ngs.

The Planning Commission and the Public Safety Commission also receive periodic updates from the Economic Development Team. The previous update provided to the City Council was on January 14, 2026.

Attachment(s)
Not Applicable.
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AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.5
May 13, 2026
Federal ZIP Code and Postal Advocacy Legislative Strategy Prepared By:

Alexander Fung, Economic Development Manager
Recommended Action(s)
Staﬀ recommends that the City Council provide direc
on to staﬀ regarding the City’s federal Zoning
Improvement Plan (ZIP) code and postal advocacy legislative strategy.

Summary
In the 1960s, the United States Postal Service (USPS) created Zoning Improvement Plan (ZIP) Codes to improve the eﬃciency of mail delivery and mail sor
ng eﬀorts. Despite that ZIP codes were
originally created solely to enhance USPS’ opera
ons, researchers and data analysts from various
industries began using ZIP codes to group and present data over the years.

Currently, the City shares ZIP Codes 91752 and 92880 with neighboring ci es. The City’s lack of an
independent ZIP code has caused various issues for the Eastvale community, including challenges related to address mismatches, business a5rac
on, community iden
ty, elec
on confusion,
emergency management, insurance premium rates, mail delivery, and sports league par cipa
on.

These issues continue to impact residents, businesses, and stakeholders daily.

Over the past several years, the City has been advoca
ng for an independent ZIP code through
partnering with Congressmembers to introduce bills in Congress. Due to changes in the federal legisla
ve landscape in the past few weeks, staﬀ is seeking feedback and direc on from the City
Council regarding necessary changes to City’s federal ZIP code and postal advocacy legisla ve
strategy to maximize the chance for the City to receive immediate resolu on to outstanding
challenges caused by shared ZIP codes.
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Background
Based on informa
on shared by the U.S. Congressional Research Service, there are two ways for a municipality to request its ZIP code boundaries be changed:

Method 1: USPS ZIP Code Boundary Review Process
Any municipality seeking a ZIP code change can submit the request in wri ng to the USPS. The USPS
will evaluate the request based on cost, mail delivery impacts, and issues related to community iden
ty. If the request is granted, the USPS will arrange a mee ng with the proponent group to
discuss USPS’ proposed accommoda
on. Once an agreement is reached, the USPS will commission a formal survey of customers who would be aﬀected by the proposed ZIP code change. If a simple majority of the impacted residents approve, the USPS will no fy the aﬀected customers of the
oﬃcial ZIP code change by mail, then provide the impacted residents with one year to transi on
their ZIP codes. In the event that a ZIP code boundary request is denied by the USPS, proponent groups have 45 days to submit appeals.

Method 2: Acts of Congress
Congress may also introduce legisla
on that requires the USPS to create ZIP codes for a speciﬁed community. The most recent example of a ZIP code created by statute occurred in 2006 as part of the Postal Accountability and Enhancement Act. This Act granted ZIP code boundary changes to Bradbury, CA; Discovery Bay, CA; Auburn Township, OH; and Hanahan, SC.

Legislative Advocacy Progress
Since 2022, the City has ac
vely explored various ways of partnering with the USPS and federal representa
ves to resolve outstanding issues and challenges. In 2023, the City partnered with Congressmembers Ken Calvert and Norma Torres in the 118th Congress to introduce bills that would address Eastvale’s ZIP code challenges, in addi
on to partnering with the City of Castle Pines in
Colorado to launch an informal working group known as the Na onal ZIP Code Advocacy Coali
on.

The Coali
on now provides a plaForm for jurisdic
ons that are experiencing similar ZIP code
challenges to share best practices and partner with one another.

With the support from Senator Alex Padilla, Former Senator Laphonza Butler, and Congressmembers Ken Calvert and Norma Torres, the City successfully convinced the USPS via its ZIP Code Boundary Review Process to change ZIP Code 92880’s designa
on from “Corona” to “Eastvale.” The change
was implemented on January 1, 2024, as displayed on the USPS website. While ZIP Code 92880’s municipal designa
on was changed and some of the City’s outstanding issues have been resolved, the City continues to experience challenges due to the lack of an independent ZIP code.

The current congressional legisla
ve cycle, known as the 119th Congress, runs from January 3, 2025 to January 2, 2027. Due to the strong partnerships that were previously formed with federal legislators in the 118th Congress, Eastvale has already been included in three ZIP code bills in the first few months of the current congressional cycle.

Congressman Mario Diaz-Balart (R-FL-26) introduced H.R. 672 on January 23, 2025 to direct the USPS to establish new ZIP codes for 8 ci
es and communi
es across the na
on, including Eastvale.

Upon the bill’s passage, the USPS must designate new ZIP codes for these ci es and communi
es
within 270 days. This bill is co-sponsored by 13 Congressmembers, including Congressman Ken Calvert (R-CA-41) and Congresswoman Norma Torres (D-CA-35). H.R. 672 passed the House of 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Representa
ves on July 21, 2025 and has now been referred to the Senate Homeland Security and Governmental Aﬀairs Commi5ee. Addi
onal informa
on regarding H.R. 672 can be found on
https://www.congress.gov/bill/119th-congress/house-bill/672.

H.R. 672’s Senate companion bill, S. 1455, was introduced by Senator Rick Sco5 (R-FL) on April 10, 2025. S. 1455’s bill language largely mirrors the language of H.R. 672, with the excep on of the bill
including six addi
onal ci
es and communi
es. The bill is co-sponsored by Senator Alex Padilla (D- CA) and Senator Joni Ernst (R-IA). S. 1455 has been read twice and referred to the Senate Commi5ee on Homeland Security and Governmental Aﬀairs. Addi
onal informa
on regarding S. 1455 can be
found on https://www.congress.gov/bill/119th-congress/senate-bill/1455.

Addi
onally, Congressman Ken Calvert introduced H.R. 1225 on February 12, 2025 to direct the USPS to designate a single and unique ZIP code for Eastvale. Upon the bill’s passage, the USPS must designate a new and independent ZIP code for Eastvale within 180 days. The bill is co-sponsored by Congresswoman Norma Torres and has been referred to the House Commi5ee on Oversight and Government Reform. Addi
onal informa
on regarding H.R. 1225 can be found on
https://www.congress.gov/bill/119th-congress/house-bill/1225.

Analysis
While H.R. 672, H.R. 1225, and S. 1455 were introduced to address Eastvale’s outstanding challenges caused by shared ZIP codes, H.R. 672 and S. 1455 have the chance of being considered by the Senate Homeland Security and Governmental Aﬀairs Commi5ee based on feedback shared by the City’s federal lobbyist. It was reported that the Senate is interested in considering S. 1455; however, mul
ple Senators expressed concerns regarding passing H.R. 672 or S. 1455 without fully addressing the root of the issue within the USPS. There appears to be support for the Senate to examine the USPS’ ZIP Code Boundary Review Process rather than simply passing legisla on to assign
independent ZIP codes to impacted jurisdictions.

Shortly aNer H.R. 672’s passage through the House of Representa ves, Senator James Lankford (R-
OK) introduced S. 3175 to propose developing a pilot program that provides an op on for impacted
jurisdic
ons to provide ﬁnancial contribu
on to the USPS in the event that costs become concerns
for the USPS to approve ZIP code boundary adjustments. S. 3175 is known as the “Community Involvement in Zoning Improvement Plans Act of 2025.” Addi onal informa
on regarding the bill
can be found on https://www.congress.gov/bill/119th-congress/senate-bill/3175/text.

When S. 3175 was introduced in November 2025, staﬀ did not consider support for the bill given that the bill was seen as a distrac
on to the City’s eﬀorts in seeking immediate relief. H.R. 672, H.R. 1225, and S. 1455 all focus on providing immediate relief to the City by assigning a new and independent ZIP code for Eastvale, whereas S. 3175 focuses on addressing ci es’ overall concerns
with the USPS ZIP Code Boundary Review Process and does not provide immediate relief for the Eastvale community.

Following the introduc
on of S. 3175 and in light of the Senate’s growing interest in reviewing the USPS ZIP Code Boundary Review Process, the City’s federal lobbyist recommended staﬀ to consider suppor
ng eﬀorts to consolidate the City’s exis
ng ZIP code legisla
on with S. 3175 to improve the
likelihood of achieving near-term relief for the Eastvale community. Staff is seeking the City Council’s feedback and direction on whether this approach is acceptable and feasible. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Environmental
This item is not a project as deﬁned by the California Environmental Quality Act (CEQA). As a result, no environmental review efforts are required.

Strategic Plan Action - Priority Level: 2
| Target #: B
| Goal #: C
Eﬀorts to secure an independent ZIP code directly support the City to develop branding and iden ty
for Eastvale.

Fiscal Impact
There will be no direct fiscal impact as a result of this item.

Prior City Council/Commission Action
The City Council received preliminary presenta
ons on the City’s independent ZIP code advocacy
eﬀorts on September 28, 2022, January 25, 2023, and May 17, 2023. As part of a compromise oﬀered by the USPS, the City Council voted to approve USPS’ proposal to survey all ZIP Code 92880’s addressees in an a5empt to revise ZIP Code 92880’s oﬃcial municipality name to “Eastvale” on June 28, 2023. With the City Council’s approval to proceed with USPS’ survey, the City Council voted to approve Professional Services Agreement with KHK Solu
ons and Mind & Mill to support USPS’
survey outreach eﬀorts on October 25, 2023. Following the USPS’ decision to axe the survey and grant ZIP Code 92880’s oﬃcial municipality name change to “Eastvale,” staﬀ provided a detailed update regarding the City’s independent ZIP code advocacy eﬀorts on December 13, 2023. A year later, staﬀ provided another advocacy update presenta
on to the City Council on December 11,
2024.

ANer the 2025 Washington, D.C. Lobbying Trip, the City Council approved a le5er to be sent to the U.S. Senate Homeland Security and Governmental Aﬀairs Commi5ee on December 10, 2025, urging support for the passage of H.R. 672 and S. 1455.

Addi
onally, the Planning Commission received presenta
ons on the City’s ZIP code advocacy
eﬀorts on September 20, 2023, December 20, 2023, and January 21, 2026. The Public Safety Commission received similar updates on September 26, 2023, November 28, 2023, September 24, 2024, and March 25, 2025.

Attachment(s)
Not Applicable.
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Eastvale City CouncilMay 13, 2026

Eastvale City Council
May 13, 2026