Hemet City Council
March 14, 2023

12.G

rdn:t:v~A-9:1-n-uenw«s:d:n«a-idtttrnasa-3-kw-H:-k .m...u'-.u.«..s.aum§-u...*.-.,«a.a.~..m« 2022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont'd)CIPNO.5748 BIDSCHEDULEBASEBID-2022/23CITYWIDESLURRYSEAL,CIPNO.5748EXTENDEDITEM ETIMATEDNITNo DESCRIPTIONUNITCEUANTITYIERICEITEMAMOUNT1lI;Iil‘<:)l)||IzatIon(NottoExceed5%ofL5 1 $32,000.“:$32,000.002TrafficandPedestrianControlL5 1 $87,000-00$37,000-003FieldOrders(Stipulateditem)L5 1 $5,000$5,000 4SlurrySeal(TypeIIw/2%Latex)sv181,500$2.89$524,535.00
52"AC(HMA)PatchRepairsr25,ooo$5.50$137,500.006LargeCrackDigOutPerDetailLF13,500$5_7o$76,950.00Thermoplastic&PaintedPavement7Striping,Markings,LegendsandL5 1 $59,535_00$59,535_00RaisedPavementMarkersTOTALBASEBID(numbers)$923320-00ENDOFBASEBIDITEMSNinehundredtwentythreethousand,threehundredtwentydollarsBASEBIDTOTAL(inwords)andzeroCents.

Contractor'slnitialsld/*Intheeventofavariationbetweentheunitpriceandextendedtotal,theunitpricewillbeusedandthecorrectedextensionwillbeconsideredastheamountbid.Ifthebidisillegibleandcannotbereconcileditwillbeconsiderednon-responsiveandwillnotbeconsideredforaward.Ifanadditiveand/oralternatebidscheduleiscalledforintheContractDocuments,thelowestbidwillbedeterminedonthebasisofthebasebidschedu|e(s)onlyunlessotherwisespecifiedintheNoticeInvitingBidsorbyAddendaifissuedtosupersedetheNoticeInvitingBidsonthisspecificissue.ForaContractwhereadeductivebidscheduleiscalledfor,thelowestbidwillbedeterminedbythetotalofallbidschedulesincludingthedeductivebidschedu|e(s).

12.G

Rev.DFabruarv20202022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont'd)CIPNo.5748 Regardlessofwhethertheadditive/deductiveoralternatesbiditemswillbeconsideredindeterminingthelowbid,theAgencymayelecttoincludeanyornoneoftheadditive/deductiveoralternatebiditems/schedules,ortootherwiseaddorremovecertainworkfromthescopeofWork.Accordingly,Contractorwarrantsthateachbiditemcontainsaproportionateshareofprofit,overheadandothercostsandexpenses,whichwillbeincurredbytheContractorfortheProject.Ifequallowbidsarereceivedfromresponsibleandresponsivebidderstheselectionshallbemadebydrawinglots,orothersimilarrandomblindmethodselectedbytheAgency.IfonlyoneresponsivebidisreceivedfromaresponsiblebiddertheawardshallnotbemadeunlessthepricecanbedeterminedtobereasonablebasedonananalysisbytheAgency.TheAgency'sdeterminationastothereasonablenessofanysuchbidshallbefinal.TheAgencyreservestherighttorejectanyorallbids,towaiveanyirregu|arity(ies),andtotakeallbidsunderadvisementforaperiodofsixty(60)calendardaysafterthedatethebidsarepubliclyopened.BidderacknowledgesthatallcostsincurredasaresultofpreparingtheproposalshallbethesoleresponsibilityofBidder.TheNoticeInvitingBidsandInstructionstoBiddersdoesnotcreateorimposeanyobligationupontheAgencytoenterintoacontract.Allbidsreceivedshallberecordedonanabstract(tabulation)ofbids,andthenmadeavailableforpublicinspectionwithintwobusinessdaysofbidopening.Thequantitieslistedinthebidproposalareprovidedtogiveageneralindicationofthescopeoftheworkandforthecomparisonofbids.Nowarrantyismade,eitherexpressedorimplied,thattheactualquantitiesofworktobedonewillcorrespondtherewith.Itemnumbersfollowedby"(S)"aredesignatedasspecialtyitemswhichwillnotbeincludedtowardsthecalculationofminimumof50percentofworktobeperformedbyContractor'sownforces.BysigningandsubmittingthisbidtheContractorconfirmsthattheyarefamiliarwiththeworksiteandallexistingconditionsthatmayaffecttheirworkandthattheyhavereadandagreetoalltheterms,conditionsandrequirementscontainedorreferencedhereinorintheContractDocumentsandthatalltheaforementionedhasbeenincludedinthebidpriceslistedabove,includingitemsofworkthatmaynothaveaspecificpaylineitemandthatthereshallbenoadditionalcoststotheAgency.W ARNING:IfanaddendumoraddendahavebeenissuedbytheAgencyandnotnotedaboveasbeingreceivedbythebidder,thisBidmayberejected.

12.G

\/Z~\/S l‘/'’‘(‘tl?/» /2:4
2022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont’d)CIPNo.5748 Completethefollowing:RoyAllanSlurrySeal,|nc.,#1000001156,#372798Legalnameofthebusiness,DIRReg.andContractorLicenseNos.CorporationBusinessType(Corporation,Partnership,SoleProprietor) DBA(ifany)LawrenceAllan/PresidentNameandtitleoftheownerLawrenceAllan/SecretaryNameandtitleofsecondpartnerorofficer12643EmmensWay,SantaFeSprings,CA90670BusinessAddress562-864-3363Telephonenumber562-864-6612Facsimilenumber LawrenceAllan/lawrence@raslurry.comNameandEmailaddressofprimarycontactraslurry.comCompanywebaddress SignatureofBidder DateSignatureofBidder DateLawrenceAllan/PresidentLawrenceAuan/secretaryPrintnameandtitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateo?icersarerequired.)

12.G

o1W/\//2 av/—
2022/23CITYWIDESLURRYSEALBIDDER'SPROPOSAL(cont'd)CIPNo.5748 CERTIFICATEREGARDINGCONTRACTOR'SLICENSE1.ContractorisrequiredtopossessoneofthefollowingStateContractor'sLicenseStateofCaliforniaClassAContractor'sLicenseCombinationofSpecialtyClassCContractor'sLicenses2.Afailureto(1)possesstherequiredlicense,(2)truthfullysetforththefollowinginformation,and/or(3)executethisCertificatemayrendertheproposalnonresponsiveandpermittheCitytorejecttheproposal.(BusinessandProfessionsCodeSection7028.15)3.Contractordeclares,underpenaltyofperjury,thathe/she/itpossessestherequiredContractor'slicense(s)which:a.Bearsthelicensenumber(s):372798b.Expireson4/30/2023 SignatureofBidder DateSignatureofBidder Date
LawrenceAllan/PresidentLawrenceAllanISecretaryPrintnameandtitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateofficersarerequired.)ThisrequiredlicensedeterminationhasbeenmadebytheAgency.AnyContractorholdingadifferentlicensewhofeelsheisqualifiedtobidonthisworkmustsoadvisetheAgencyatleastseven(7)dayspriortothebidopening.TheAgencymayconductareviewofthecontemplatedworktore-evaluatetherequiredlicensedetermination.TheAgencymayinitssolediscretionmaintainorchangetherequiredlicensedetermination;Agency'sdecisionastotherequiredlicensewillbefinal. /2:)/23

12.G

).
2022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont'd)CIPN0.5748 BIDSECURITYFORMFORCHECKNOTE:THEFOLLOWINGFORMSHALLBEUSEDINTHECASEOFCHECKACCOMPANYINGBIDAccompanyingthisproposalisaCertifiedCheckorCashier'sCheckpayabletotheorderoftheCityofHemet,hereinafterreferredtoas"Agency",fordollars(S thisamountbeing10percent(10%)ofthetotalamountofthebid.Thischeckshallbereturnedtotheundersignedonlyifeitherofthefollowingoccurs:

A.IfsaidBidshallberejectedbytheAgency;B.IfsaidBidshallbeacceptedbytheAgencyandtheUndersignedshallexecuteanddeliveraContractintheformattachedhereto(properlycompletedinaccordancewithsaidBid)andshallfurnishbondsrequiredforhis/her/itsfaithfulperformanceofsaidContractandforthepaymentofallpersonsperforminglabororfurnishingmaterialsinconnectiontherewith,andshallinallotherrespectsperformtheContractcreatedbyacceptanceofsaidBid.Otherwise,saidcheckshallbecomethepropertyoftheAgency.SaidcheckshallalsobecomethepropertyoftheAgencyiftheUndersignedshallwithdrawhis/her/itsbidwithintheperiodofsixty(60)calendardaysafterthedatesetfortheopeningthereof,unlessotherwiserequiredbylaw,andnotwithstandingtheawardoftheContracttoanotherbidder.

SignatureofBidder DateSignatureofBidder Date
Printnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.)

12.G

2022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont’d)Rev.0CIPNo.5748 February2020 BIDSECURITYFORMFORBONDKNOWALLBYTHESEPRESENTSThattheundersignedRoyAllanSlurrySeal,Inc.(NameofContractor)asPrincipalandtheundersignedasSuretyareheldandfirmlybounduntoOwner,CITYOFHEMET,apoliticalsubdivisionoftheStateofCalifornia,asobligee,inthepenalsumof(DollarAmount|nwords)TenpercentofthetotalbidamountDollars($10% lawfulmoneyoftheUnitedStatesofAmericabeingatleasttenpercent(10%)oftheaggregateamountofsaidPrincipal'sbaseBid,forthepaymentofwhich,wellandtrulytobemade,webindourselves,oursuccessors,executors,administrators,andassigns,jointlyandseverally,firmlybythesepresentsWHEREAS,saidPrincipalissubmittingaBidfor[PROJECTNAMEANDDESCRIPTION]2022/23CitywideSlurrySeal,CapitalImprovementProjectNo.5748THECONDITIONOFTHISOBLIGATIONISSUCHthatiftheBidsubmittedbythesaidPrincipalbeacceptedandtheContractbeawardedtosaidPrincipalandsaidPrincipalshallwithintherequiredperiodsenterintotheContractsoawardedandprovidetherequiredConstructionPerformanceBond,ConstructionLaborandMaterialPaymentBond,insurancecertificates,andallotherendorsements,forms,anddocumentsrequiredundertheInstructionstoBidders,thenthisobligationshallbevoid,otherwisetoremaininfullforceandeffect.INWITNESSWHEREOF,theaboveboundenpartieshaveexecutedthisinstrumentthis12thdayof J3"U3IY2023.(Month) AllanSlurrySeal,Inc.(CorporateSeal) ByPrincipal
SuretyContractorsBondingandInsuranceCompany(CorporateSeal) By__nRytterfas,Attorney—in-Fact

12.G

Z pagedLawreracegrove asissa?s?actoevide Eheon?s-fa: fsfa-3y;§§g' it-um ackraewiecige£1e;'s'eea‘%.eyUEL1‘E §S/ H?tcrhe ad §s1h% name sirui theenéiiy ehak‘ rsencss}acted:ri.=.dthe nda NAI_?f{ERJ Sie?e?fe faat .

ACKEGWM
eta afhe thfrti?czteveri? iders?tythendéviduen? fi?cea I atiac meinzifrflzlne iv:=.!§d3*l\:-Socu I
tamCaiifcm
x\a,guou'g‘3330 €33 9’i3’§e=’-‘v§<'*1".=N°EF>’~°UGnse?arse (?e 'u‘L€ C035
A:3r=-,1pab?icor5 Hg3C6 asen?y‘$29ofE 2%é?fh?szgnesédaeumiswhisk?zésas is‘sad,am?as: a:::.:::Ea»cg:,.35cficha‘:meat,5GE33Ssurzéyaf?ra?ge far: 3-3E357:;me,535' EEC:3 3:259;’$2332'}‘Easpesrsanaiiy‘3;: "W55E wigsFEdéfotgzfsean‘S3?*5:;a§_, E’-3!:53?.se:—pass@9335*sq:.=_'eE . ‘
.,»—_ a « .3.1::e?fe1.. gigsem:ems:E _ G,‘:3mg:.,__;~{egme333.28E” fxE‘“ “*5_ E33,$3?3": 3?5%.;Em:theanmenii?eperson-22;,as 2‘:'1:E:?earse,exec —-' m =2: go - g ._cc:3
3 9::vi}.. JR-amefer§cz-EFSD::?:e65Bamsa?zezggregcérzgpaiagiagaiz5 am... mygrid3;?seai.

Ségrs55- mi;
ANN-MARVIEALLANCommissionNo.2293759NOTARYPUBLIC-CALIFORNIORANGECOUNTYComm.JULY3.2023g.)

12.G

AEKNGWTM
I
ate cvthe come.-inveri? idenéiiy n®n'dudz: ratmm @ i
Iatéac its{‘r=..=€h:".1inessQI5 atdcmm-erai
Qi3
?gM1”‘23 6;, Ma?aA§{an_=Nolan]Pu
‘ sarians af?w)
peawdLawrence
'
groygdme sa?sfaeziaevide me0:11;)‘My name?sfyw?hin antiackrxsaisiedwme hefséeéieyexecuterétherize ad152%is.’he'-.%enature:1-legn?iy ehalf rs-onis}aséed zfe?theinstmrne :\IAL?_YERJRY ‘z§‘x.e'
irue
TN ha C???
avPlIl!L1C»CALlFORMIAEDumascommEulmmu,
==:

Ii‘!
£53-G
Aaratpubiicas2's?ce:gigthis=35 essén?gz$36ofthe%2%*-?rmsigneéfv':€'aewasis53?:thiscanateiszed,anz?mi ,35:13:35:-’»rf3§.32ii?sf?a :2,5cf5:332Coazniy0‘??ré?ge Ta3'6me,???"23.321:?pea-rsanaiiyagsE33‘aasfs:3: is235peisazsizsrzéfeeséliefézeEaen‘: _ é‘EB%e'au§my5E2 5?3%:;ersc>£:{;s—jr,es’ ‘:2:35$23$8 ,ex:asmade:?EQ?-'ié?é?é”égaaagragziaisanticc2'~z'as%.

WEmyandsf?35-zai.
2'5 ea?g
G136{5}anitsE2:thesameEr:men:me
éawsoféizeState43?*3az':‘sm%.=.afgsegeing
?r‘-,
53$%&%'5
Z.()
CL.-,mowL0W~°
ANN—MAR'lEAl_,’LANCommissionNo.2293759NOTA2023

12.G

e¢.»:§«.c:.«;«.:.{.:.;6.}.§.1£4\’-.'&4z’.‘x.(7x‘."'."&fH/..£’.»<2S‘4:&,::~n‘(;;«:.r:ma;. ;.<24;a..r;:...\..9./.s4x::,<xx.\§* JAN]?21123
Dun]!County g ‘
» « _ Cnmmlssmn#114112: 1
i
‘ ‘
MyComm.ExpiresJan11.2015E
.»zv'~‘ ,v.T'2:'x':cx;7xx-.wzvxtx, <.— — . M—
CALIFORNIAALL-PURPOSEACKNOWLEDGMENTCIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCaliforniaCountyof Orangeon beforeme, AdelaideC.Hunter,NotaryPublicDate HereInsertNameandTitleoftheOf?cerRyanButterfasName(s)ofSigner(s)personallyappeared whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedCapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphIStrueandcorrect.WITNESSmyhandandofficialseal.

SignatureSignatureofNotaryPublic
PlaceNotarySealAboveOPTIONALThoughthissectionisoptional,completingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.DescriptionofAttachedDocumentTitleorTypeofDocument: DocumentDate:NumberofPages:Signer(s)OtherThanNamedAbove:Capacity(ies)ClaimedbySigner(s)Signer’sName Signer’sName:CorporateOfficer— Tit|e(s): CorporateOfficer— Tit|e(s)Partner— LimitedGeneralPartner— LimitedGeneralIndividualAttorneyinFact individualAttorneyinFactTrusteeGuardianorConservatorTrusteeGuardianorConservatorOther: Other:SignerlsRepresentingSignerlsRepresenting ©2014NationalNotaryAssociation-vwvw.Nationa|Notary.org-1-800-USNOTARY(1-800-876-6827)Item#5907

12.G

RFTTRNE
iainrlv......._..
_
§25,000,lMM).0l]
NV4: 1'
_ ,,_, I-‘ive...........
*7
rjovemgBggonW.Davis uudcsignedvluraBondi and/orccnify
POWEOAOYRLIInsuranceCompanyContractorsBondingandInsuranceCompany9025N.LindberghDr.Peoria,IL61615Phone:800-645-2402KnowAllMenbyThesePresents:ThatthisPowerofAttorneyisnotvalidorineffectunlessattachedtothebondwhichitauthorizesexecuted,butmaybedetachedbytheapprovingofficerifdesired.ThatRLIInsuranceCompanyand/orContractorsBondingandInsuranceCompany,eachanIllinoiscorporation,(separatelyandtogether,the"Company")doherebymake,constituteandappoint:LindaD.Coats.MatthewJ.Coats.SummerReves.RvanButterfas.orseverallv intheCityof ,Stateof CaliforniaitstrueandlawfulAgent(s)andAttomey(s)inFact,withfullpowerandauthorityherebyconferred,tosign,execute,acknowledgeanddeliverforandonitsbehalfasSurety,ingeneral,anyandallbondsandundertakingsinanamountnottoexceed Dollars( )foranysingleobligation.TheacknowledgmentandexecutionofsuchbondbythesaidAttorneyinFactshallbeasbindingupontheCompanyasifsuchbondhadbeenexecutedandacknowledgedbytheregularlyelectedofficersoftheCompany.RLIInsuranceCompanyand/orContractorsBondingandInsuranceCompany,asapplicable,haveeachfurthercerti?edthatthefollowingisatrueandexactcopyofaResolutionadoptedbytheBoardofDirectorsofeachsuchcorporation,andisnowinforce,to-wit:"Allbonds,policies,undertakings,PowersofAttorneyorotherobligationsofthecorporationshallbeexecutedinthecorporatenameoftheCompanybythePresident,Secretary,anyAssistantSecretary,Treasurer,oranyVicePresident,orbysuchotherofficersastheBoardofDirectorsmayauthorize.ThePresident,anyVicePresident,Secretary.anyAssistantSecretary,ortheTreasurermayappointAttorneysinFactorAgentswhoshallhaveauthoritytoissuebonds,policiesorundertakingsinthenameoftheCompany.Thecorporatesealisnotnecessaryforthevalidityofanybonds,policies,undertakings,PowersofAttorneyorotherobligationsofthecorporation.Thesignatureofanysuchofficerandthecorporatesealmaybeprintedbyfacsimile."INWITNESSWHEREOF,theRLIInsuranceCompanyand/orContractorsBondingandInsuranceCompany,asapplicable,havecausedthesepresentstobeexecutedbyitsrespectiveVicePresidentwithitscorporatesealaffixedthis18thdayof.l02_1_- By:BartonW.Davis VicePresidentStateofIllinois_ ssCounty0fPe0r1a011this._153th_da)’Of ~20%.b€f0l'_€me,3Notary1,ther officerofRLIInsuranceCompanyP115110,P€TS0?8lly3PPC3TCd_ Whobemg13)’medulyContrangandInsuranceCompany,doherebySWOITLtacknowl?dged‘hatheSlgmdthe3P°"eP°W°1'OfAn°m°Y35thethattheattachedPowerofAttorneyisinfullforceandeffectandisaf0res_mdof?ceroftheRLIInsuranceCompanyand/‘orContractorsirrevocable;andfurtherrnore,thattheResolutionoftheCompanyasBondingandInsuranceCompanyandacknowledgedsaidinstrumenttobesetfonhinmepowerofAnomey,isnowinforce,IntestimonyTheV0111m31')’3Ct311ddeed0fS31dC0l'P01‘3l10f1-whereof,IhavehereuntosetmyhandandthesealoftheRLIInsuranceCompanyand/orCompanythis12thdayofBy:CatherineD,Glover NotaryPublic CorporateSecretary
AOOSSDI9
(‘awr
-Stlbd
SEAL
Twentv|\/Iillinn
RLIInsuranceCompanyContractorsBondingandInsuranceCompany6%/u.

ContractorsBondingandInsuranceJanuarv. 2023RLIInsuranceCompanyContractorsBondingandInsuranceCompany Q»/W051%
0»l75404?2?2I2

12.G

\/bl/L3$1/W-\/2+
2022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont’d)CIPNo.5748 NON-COLLUSIONAFFIDA VITPUBLICCONTRACTCODESECTION7106NON-COLLUSIONDECLARATIONTOBEEXECUTEDBYBIDDERANDSUBMITTEDWITHBIDTheundersigneddeclares_ RoyAllanSlurryIamthePresldentofSealInc.thepartymakingtheforegoingbid.Thebidisnotmadeintheinterestof,oronbehalfof,anyundisclosedperson,partnership,company,association,organization,orcorporation.Thebidisgenuineandnotcollusiveorsham.Thebidderhasnotdirectlyorindirectlyinducedorsolicitedanyotherbiddertoputinafalseorshambid.Thebidderhasnotinanymanner,directlyorindirectly,soughtbyagreement,communication,orconferencewithanyonetofixthebidpriceofthebidderoranyotherbidder,ortofixanyoverhead,profit,orcostelementofthebidprice,orofthatofanyotherbidder.Allstatementscontainedinthebidaretrue.Thebidderhasnot,directlyorindirectly,submittedhisorherbidpriceoranybreakdownthereof,orthecontentsthereof,ordivulgedinformationordatarelativethereto,toanycorporation,partnership,company,association,organization,biddepository,ortoanymemberoragentthereof,toeffectuateacollusiveorshambid,andhasnotpaid,andwillnotpay,anypersonorentityforsuchpurpose.Anypersonexecutingthisdeclarationonbehalfofabidderthatisacorporation,partnership,jointventure,limitedliabilitycompany,limitedliabilitypartnership,oranyotherentity,herebyrepresentsthatheorshehasfullpowertoexecute,anddoesexecute,thisdeclarationonbehalfofthebidder.IdeclareunderpenaltyofperjuryunderthelawsoftheStateofCaliforniathattheforegoingistrueandcorrectandthatthisdeclarationisexecutedon1/24/23date],atSantaFeSpringsfcitw’ca [state]_ SignatureofBidder DateSignatureofBidder DateLawrenceAllan/PresidentLawrenceAllan/SecretaryPrintnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.)

12.G

2022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont'd)CIPNo.5748 CONTRACTOR'SREFERENCELISTAttachtothisbidalistofthree(3)projectsinthepastfive(5)yearsonwhichthebidderandhissubcontractor(s)havesuccessfullyconstructedandcompletedprojectswiththesametype(elements),sizeandcomplexityofwork.TheAgencyEngineerwillmakethefinaldeterminationofwhethertheprojectslistedhereareofthesametype,sizeandcomplexityasthisproject.Failureofbiddertosupplysufficientdocumentationofsimilarelectric,telephone,cableandsanitarysewerundergroundfacilitiesexperienceshallbeconsideredgroundsforanon—responsivebidand,attheAgency'sdiscretion,saidbidwillbedisqualified.projectName;SEEATTACHEDContractPrice: DateofCompletion:Name,Address,andTelephoneNumberofOwner'sRepresentative:

ProjectName:ContractPrice: DateofCompletion:Name,Address,andTelephoneNumberofOwner'sRepresentative:

ProjectNameContractPrice: DateofCompletionName,Address,andTelephoneNumberofOwner'sRepresentative:
(Attachadditionalpagesasnecessary)

12.G

2022/23CITYWIDESLURRYSEALCIPNo.5748 BlDDER'SPROPOSAL(cont’d) DESIGNATIONOFSUBCONTRACTORSNameofSubcontractorandLocationofPlaceDescriptionofWorkSubcontractor’sofBusiness LicenseNo.SuperiorPavementSt- - dMarkingsM;|rFi)(|i?1%an 776306 OnyxPavingPatChRepairsCompany,Inc
(Biddertoattachadditionalsheetsifnecessary)(PUBLICCONTRACTCODE§4100ETSEQ.) DIRRegistrationNumber1000001476
1000004798

12.G

2022/23CITYWIDESLURRYSEALBIDDER'SPROPOSAL(cont'd)CIPNo.5748 BIDDERCERTIFICATIONSTOBEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBIDTheundersignedBiddercertifiestoOwnerassetforthinsections1through8,belowSTATEMENTOFCONVICTIONSBymysignaturehereunder,Iherebyswear,underpenaltyofperjury,thatnomorethanonefinal,unappealablefindingofcontemptofcourtbyaFederalCourthasbeenissuedagainstBidderwithinthepasttwoyearsbecauseoffailuretocomplywithanorderofaFederalCourtortocomplywithanorderoftheNationalLaborRelationsBoard.CERTIFICATIONOFWORKER'SCOMPENSATIONINSURANCEBymysignaturehereunder,astheContractor,IcertifythatIamawareoftheLaborCodeSection3700,whichrequireseveryemployertobeinsuredagainstliabilityforworker'scompensationortoundertakeself-insuranceinaccordancewiththeprovisionsofthatCode,andIwillcomplywithsuchprovisionsbeforecommencingtheperformanceoftheworkofthisContract.PleasenotethatthesubmittalofthiscertificatedoesnotrelieveContractorfromcomplyingwithalloftheinsurancerequirementsofthePublicWorksAgreementandContractDocuments.CERTIFICATIONOFPREV AILINGW AGERATESANDRECORDSBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSection1773,whichrequiresthepaymentofprevailingwageonpublicprojects.ContractorandanysubcontractorsundertheContractorshallcomplywithLaborCodeSection1776regardingwagerecords,andwithLaborCodeSection1777.5regardingtheemploymentandtrainingofapprentices.ContractorisresponsibletoensurecompliancebyanyandallsubcontractorsperformingworkunderthisContract.CERTIFICATIONOFCOMPLIANCEWITHPUBLICWORKSCHAPTEROFLABORCODEBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSections1777.1and1777.7Code,andContractorandSubcontractorsareeligibletobidandworkonpublicworksprojects.CERTIFICATIONOFNON-DISCRIMINATIONBymysignaturehereunder,astheContractor,Icertifythattherewillbenodiscriminationinemploymentwithregardtorace,color,religion,gender,sexualorientation,ageornationalorigin;thatallfederal,state,andlocaldirectivesandexecutiveordersregardingnon-discriminationinemploymentwillbecompliedwith;andthattheprincipalofequalopportunityinemploymentwillbedemonstratedpositivelyandaggressively. v"~"H...'1L4.1“
yr;

12.G

BIDD
dam“—/ \/z~+/23 K7‘/ww-
2022/23CITYWIDESLURRYSEALBIDDER'SPROPOSAL(cont'd)CIPNo.5748 CERTIFICATIONOFNON-DISQUALIFICATIONBymysignaturehereunder,astheContractor,Iswear,underpenaltyofperjury,thatthebelowindicatedBidder,anyofficerofBidder,oranyemployeeofBidderwhohasaproprietaryinterestinsuchBidder,hasneverbeendisqualified,removed,orotherwisepreventedfrombiddingon,orcompletingaFederal,State,orlocalgovernmentprojectbecauseofaviolationoflaworsafetyregulation,exceptasindicatedontheseparatesheetattachedheretoentitled"PreviousDisqua|ifications.”Ifastatementof"PreviousDisqua|ifications”isattached,pleaseexplainthecircumstances.CERTIFICATIONOFADEQUACYOFCONTRACTAMOUNTBymysignaturehereunder,astheContractor,pursuanttoLaborCodeSection2810(a),Icertifythat,ifawardedtheContractbasedontheundersigned’sBid,theContractwillincludefundssufficienttoallowtheContractortocomplywithallapplicablelocal,state,andfederallawsorregulationsgoverningthelabororservicestobeprovided.IunderstandthatOwnerwillberelyingonthiscertificationifitawardstheContracttotheundersigned.CERTIFICATIONREGARDINGDIRCONTRACTOR/SUBCONTRACTORREGISTRATIONBymysignaturehereunder,astheContractor,IcertifythatContractor,andalllistedSubcontractorsarethesubjectofcurrentandactivecontractorregistrationspursuanttoDivision2,Part7,Chapter1(commencingwithsection1720)oftheCaliforniaLaborCode.Contractor'sregistrationnumberis[pleasecomplete]1000001156Subcontractors’registrationnumbersareasindicatedinDocument004314.

ER:

SignatureofBidder DateSignatureofBidder DateLawrenceAllan/PresidentLawrenceAllan/SecretaryPrintnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateo?icersarerequired.) I

12.G

_$_lurrvS§_al&StL'lDm9
409148.00
(21)Fora_Hpublicagencyprojectsinexcessof$15,000.00thatyouarecurrentlyworkingonorhaveworkedoninthepasttwoyears,providethefollowinginformation:Project1Name/NumberPlacinaSIUITVSealProjectDescriptionApproximateConstructionDatesFrom:5/10/21To:7/11/21AgencyName:CitvOfBell?owerContactPerson:FrankPreciadoTelephone:562-804-1424Address:16600CivicCenterDr.BellflowerCa.90706OriginalContractAmount:$545.747,00FinalContractAmount:$555357.00lffinalamountisdifferentfromoriginalamount,pleaseexplain(changeorders,extrawork,etc.).AddedStreets DidyouoranySubcontractor,?leanyclaimsagainsttheAgency?Circleone:Yes@DidtheAgencyfileanyclaimsagainstyou?Circleone:Yes@Ifyouansweredyestoeitheroftheabovetwoquestions,pleaseexplainandindicateoutcomeofclaims.

Project2Name/Number2021S“-"TVSeal
ApproximateConstructionDateFrom:6/14/21To:7/30/21AgencyName:CitvofLaMesaContactPerson:CesarRomeroTelephone:619-667-1143Address8130AllisonDr.,LaMesa,Ca.91942OriginalContractAmount:$ FinalContractAmount:441552-00Iffinalamountisdifferentfromoriginalamount,pleaseexplain(changeorders,extrawork,etc.).AddedStriping

12.G

dyorcle
DidyouoranySubcontractor,fileanyclaimsagainsttheAgency?Circleone:YesDidtheAgencyfileanyclaimsagainstyou?Circleone:Yes@Ifyouansweredyestoeitheroftheabovetwoquestions,pleaseexplainandindicateoutcomeofclaims.

Project3Name/NumberSIUFFVSealPl'0l€Ct2021ProjectDescriptionCrackSeal,SlurrvSeal.andStripingApproximateConstructionDatesFrom:9/20/21To:Garrenti5AgencyNameCitvofOceansideContactPerson:Bl”JandaTelephone760-650-6477Address:300N.CoastHwv.Oceansi.Ca.92054OriginalContractAmount:799190.00FinalContractAmount:$%ol.7‘iZ-dc)Iffinalamountisdifferentfromoriginalamount,pleaseexplain(changeorders,extrawork,etc.).

DiuoranySubcontractor,fileanyclaimsagainsttheAgency?Cione:Yes@DidtheAgencyfileanyclaimsagainstyou?Circleone:Yes@Ifyouansweredyestoeitheroftheabovetwoquestions,pleaseexplainandindicateoutcomeofclaims.

Project4Name/Numberpr0jeCtDesc[-iptionCrackSeal,SlurrySeal,andStripingApproximateConstructionDatesFrom:8/9/21To9/3/21

12.G

805-504-5434
WV
AgencyName;CountvOfVenturaContactPerson:TerrvHanserTelephone:Address.800S.VictoriaAve.,Ventura,Ca.93009OriginalContractAmount:557493-00FinalContractAmount:$559167-00Iffinalamountisdifferentfromoriginalamount,pleaseexplain(changeorders,extrawork,etc.).

DidyouoranySubctor,fileanyclaimsagainsttheAgency?Circleone:YesDidtheAgencyfileanyclaimsagainstyou?Circleone:YesmIfyouansweredyestoeitheroftheabovetwoquestions,pleaseexplainandindicateoutcomeofclaims.

Project5Name/NumberAnnualSlurrvSealProjectDescriptionCrackSeal&SluSealApproximateConstructionDatesFrom9/6/21To:CurrentAgencyNameCitvofMissionVieioContactPerson;SChleSin_qerTelephone:Address.200CiviCenter,MissionViejo,Ca.92691OriginalContractAmount:$895577.00FinalContractAmount:$ In- /V ,_,._Iffinalamountisdifferentfromoriginalamount,pleaseexplain(changeorders,extrawork,etc.) DidyouoranySubcontractor,fileanyclaimsagainsttheAgency?Circleone:YesNoDidtheAgencyfileanyclaimsagainstyou?Circleone:YesNo

12.G

ResidentialStreetSlurrv
: , ,0/20

CDITIFECIO
Ifyouansweredyestoeitheroftheabovetwoquestions,pleaseexplainandindicateoutcomeofclaims.

Project6Name/NumberSealProjectDescriptionACRepairs.CrackSealinoSlurrvSealandStripinqApproximateConstructionDatesFrom:5/11/20To6/3AgencyNameCitvofPlacentiaContactPerson:KevinKouraTelephone714-920-7604Adams401E.ChapmanAve..P|acentia,Ca.92870OriginalContractAmount:$974528.00FinalContractAmount:1033452.00lffinalamountisdifferentfromoriginalamount,pleaseexplain(changeorders,extrawork,etc.).AddedpatchinandSlurrySeal.

DidyouoranySubr,fileanyclaimsagainsttheAgency?Circleone:YesDidtheAgencyfileanyclaimsagainstyou?Circleone:YesIfyouansweredyestoeitheroftheabovetwoquestions,pleaseexplainandindicateoutcomeofclaims. [ContinuetoNextPage]

12.G

APPEDX1

12.G

willnotberesponsible
B|DDER'SPROPOSAL2022/23CITYWIDESLURRYSEALCIPN0.5748Theundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentforthe2022/23CITYWIDESLURRYSEAL,CIPNo.5748,andappurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2018asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.TheundersignedhasexaminedthelocationoftheproposedworkandalllocalandphysicalconditionsandchallengespresentedbytheProjectsite,isfamiliarwiththeplans,specifications,ContractDocuments(particularlyasdelineatedabove)andtherequirementsofthePublicWorksContract,andalsounderstandsthattheProjectshallbecompletelyconstructedinturn-keyconditionacceptabletotheOwnerwithintheProjecttimerequirementsforthepriceoftheproposal,includingallfeesandsalesand/orusetaxuponanymaterialssofurnished,includinganyunitpricesandadditive/deductiveitems.TheundersignedhasalsocarefullycheckedallofthefiguresgivenandunderstandsthattheAgencyforanyerrorsoromissionsonthepartoftheundersignedinsubmittingthisproposal.Contractorconfirmsthathis/her/itsbidissubmittedwithrespecttothechangestotheContractand/orContractDocumentsincludedinalladdendaissuedbytheOwner.Inadditiontoreaffirmingthatthechangesandinformationcontainedintheaddendahavebeenintegratedintotheirproposal,ContractoracknowledgesreceiptofAddendaN0.(s)TheundersignedhasexaminedthecurrentStateofCaliforniascheduleofprevailingwageratesforthetypesofworktobedoneonthisproject(andtheDavis-BaconActiftheAgencyusesfederalfundsfortheProject)andagreestopaynotlessthantheserates.Theundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentforthe2022/23CITYWIDESLURRYSEAL,CIPNo.5748andappurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2018asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.

12.G

(numbers)nnxntwtmnnanaum-witinnnwwwawwwuwwxwu
EV3
CO
2022/23CITYWIDESLURRYSEALBIDDER'SPROPOSAL(cont'd)CIPNo.5748 BIDSCHEDULEBASEBID—2022/23CITYWIDESLURRYSEAL,CIPNo.5748EXTENDEDITEMNo DESCRIPTIONUNIT ITEMAMOUNTMb'l'' NBigIIzatlon(ottoExceed5%ofL5 1 $35l4O0.OO0$35,400.00TrafficandPedestrianControlL5 1 $122,553.39 FieldOrders(stipulateditem)LS $5,000$5,000
SlurrySeal(TypeIIw/2%Latex)SY181,500$2620$475,53o,oo
52"AC(HMA)PatchRepairSF25,000$5,460$13650000
6LargeCrackDigOutPerDetailLF13,500$5350$72,225.00Thermoplastic&PaintedPavement7Striping,Markings,LegendsandL5 1RaisedPavementMarkers $72'9II‘M0$72”I‘M TOTALBASEBID $920520-0°OFBASEBIDITEMSBASEBIDT01.AL(inwords)ninehundredtwentythousandonehundredtwentydollarsandZerocents Contractor'sInitialsIntheeventofriationbetweentheunitpriceandextendedtotal,theunitpricewillbeusedandthecorrectedextensionwillbeconsideredastheamountbid.Ifthebidisillegibleandcannotbereconcileditwillbensiderednon-responsiveandwillnotbeconsideredforaward.Ifanadditiveand/oralternatebidscheduleiscalledforintheContractDocuments,thelowestbidwillbedeterminedonthebasisofthebasebidschedule(s)onlyunlessotherwisespecifiedintheNoticeInvitingBidsorbyAddendaifissuedtosupersedetheNoticeInvitingBidsonthisspecificissue.ForaContractwhereadeductivebidscheduleiscalledfor,thelowestbidwillbedeterminedbythetotalofallbidschedulesincludingthedeductivebidschedule(s). 2 $122,553.39o
****'k****'k:\'*1I'********'k**'k**'k'lr******k'k

12.G

2022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont'd)CIPNo.5748 Regardlessofwhethertheadditive/deductiveoralternatesbiditemswillbeconsideredindeterminingthelowbid,theAgencymayelecttoincludeanyornoneoftheadditive/deductiveoralternatebiditems/schedules,ortootherwiseaddorremovecertainworkfromthescopeofWork.Accordingly,Contractorwarrantsthateachbiditemcontainsaproportionateshareofprofit,overheadandothercostsandexpenses,whichwillbeincurredbytheContractorfortheProject.Ifequallowbidsarereceivedfromresponsibleandresponsivebidderstheselectionshallbemadebydrawinglots,orothersimilarrandomblindmethodselectedbytheAgency.IfonlyoneresponsivebidisreceivedfromaresponsiblebiddertheawardshallnotbemadeunlessthepricecanbedeterminedtobereasonablebasedonananalysisbytheAgency.TheAgency'sdeterminationastothereasonablenessofanysuchbidshallbefinal.TheAgencyreservestherighttorejectanyorallbids,towaiveanyirregu|arity(ies),andtotakeallbidsunderadvisementforaperiodofsixty(60)calendardaysafterthedatethebidsarepubliclyopened.BidderacknowledgesthatallcostsincurredasaresultofpreparingtheproposalshallbethesoleresponsibilityofBidder.TheNoticeInvitingBidsandInstructionstoBiddersdoesnotcreateorimposeanyobligationupontheAgencytoenterintoacontract.Allbidsreceivedshallberecordedonanabstract(tabulation)ofbids,andthenmadeavailableforpublicinspectionwithintwobusinessdaysofbidopening.Thequantitieslistedinthebidproposalareprovidedtogiveageneralindicationofthescopeoftheworkandforthecomparisonofbids.Nowarrantyismade,eitherexpressedorimplied,thattheactualquantitiesofworktobedonewillcorrespondtherewith.Itemnumbersfollowedby"(S)”aredesignatedasspecialtyitemswhichwillnotbeincludedtowardsthecalculationofminimumof50percentofworktobeperformedbyContractor'sownforces.BysigningandsubmittingthisbidtheContractorconfirmsthattheyarefamiliarwiththeworksiteandallexistingconditionsthatmayaffecttheirworkandthattheyhavereadandagreetoalltheterms,conditionsandrequirementscontainedorreferencedhereinorintheContractDocumentsandthatalltheaforementionedhasbeenincludedinthebidpriceslistedabove,includingitemsofworkthatmaynothaveaspecificpaylineitemandthatthereshallbenoadditionalcoststotheAgency.W ARNING:IfanaddendumoraddendahavebeenissuedbytheAgencyandnotnotedaboveasbeingreceivedbythebidder,thisBidmayberejected.

12.G

Bidr
ednamndr uired.)
2022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont’d)ClPNo.5748 Completethefollowing:VSSInternational,Inc.—DlR#1000001231Lic#293727Legalnameofthebusiness,DIRReg.andContractorLicenseNosCorporationBusinessType(Corporation,Partnership,SoleProprietor)N/ADBA(ifany)JeffreyReed,PresidentNameandtitleoftheownerJeffRoberts,SeniorVicePresidentNameandtitleofsecondpartnerorofficer3785ChannelDrive,WestSacramento,CA95691BusinessAddress916—373—l500Telephonenumber916-373-0183Facsimilenumber JeffRoberts,SeniorVicePresident—vssi_contracts@s|urry.comNameandEmailaddressofprimarycontactwvvw.slurry.comCompanywebaddress 01/09/2023 01/09/2023SignatureofBidder DateSignatureof DateJeffRoberts,SeniorVicePresidentJordan,Secretary/TreasurerPrintnameandtitle Printtitle(IftheBidderisacorporationtwosignaturesofcorporateofficersare

12.G

/09 B’der
0 Renae
ar
Agen
2022/23CITYWIDESLURRYSEALBlDDER'SPROPOSAL(cont’d)CIPNo.5748 CERTIFICATEREGARDINGCONTRACTOR'SLICENSE1.ContractorisrequiredtopossessoneofthefollowingStateContractor'sLicenseStateofCaliforniaClassAContractor'sLicenseCombinationofSpecialtyClassCContractor'sLicenses2.Afailureto(1)possesstherequiredlicense,(2)truthfullysetforththefollowinginformation,and/or(3)executethisCertificatemayrendertheproposalnonresponsiveandpermittheCitytorejecttheproposal.(BusinessandProfessionsCodeSection7028.15)3.Contractordeclares,underpenaltyofperjury,thathe/she/itpossessestherequiredContractor's|icense(s)which:a.Bearsthelicensenumber(s):293727b.Expireson03/3l/2023 Ol/23 01/09/23SignatureofBidder DateSignatureof DateJeffRoberts,SeniorVicePresidentJorded,Secrefory/TreasurerPrintnameandtitle Printandtitle(IftheBidderisacorporationtwosignaturesofcorporateofficersrequired.)ThisrequiredlicensedeterminationhasbeenmadetheAgency.AnyContractorholdingadifferentlicensewhofeelsheisqualifiedtobidont workmustsoadvisetheAgencyatleastseven(7)dayspriortothebidopening.Themayconductareviewofthecontemplatedworktore—eva|uatetherequiredlicensedetermination.TheAgencymayinitssolediscretionmaintainorchangetherequiredlicensedetermination;Agency'sdecisionastotherequiredlicensewillbefinal.

Rev.0§‘-'e¥2rua-r\/2028

12.G

2022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont'd)CIPNo.5748 N/ABidBondWillbeprovidedBIDSECURITYFORMFORCHECKNOTE:THEFOLLOWINGFORMSHALLBEUSEDINTHECASEOFCHECKACCOMPANYINGBIDAccompanyingthisproposalisaCertifiedCheckorCashier'sCheckpayabletotheorderoftheCityofHemet,hereinafterreferredtoas"Agency",fordollars(S ),thisamountbeing10percent(10%)ofthetotalamountofthebid.Thischeckshallbereturnedtotheundersignedonlyifeitherofthefollowingoccurs:

A.IfsaidBidshallberejectedbytheAgency;B.IfsaidBidshallbeacceptedbytheAgencyandtheUndersignedshallexecuteanddeliveraContractintheformattachedhereto(properlycompletedinaccordancewithsaidBid)andshallfurnishbondsrequiredforhis/her/itsfaithfulperformanceofsaidContractandforthepaymentofallpersonsperforminglabororfurnishingmaterialsinconnectiontherewith,andshallinallotherrespectsperformtheContractcreatedbyacceptanceofsaidBid.Otherwise,saidcheckshallbecomethepropertyoftheAgencySaidcheckshallalsobecomethepropertyoftheAgencyiftheUndersignedshallwithdrawhis/her/itsbidwithintheperiodofsixty(60)calendardaysafterthedatesetfortheopeningthereof,unlessotherwiserequiredbylaw,andnotwithstandingtheawardoftheContracttoanotherbidder.

SignatureofBidder DateSignatureofBidder Date
Printnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateo?icersarerequired.)

12.G

(S
IA
man».5 Q‘
2022/23CITYWIDESLURRYSEALBIDDER'SPROPOSAL(cont’d)CIPNo.5748 BIDSECURITYFORMFORBONDKNOWALLBYTHESEPRESENTSThattheundersignedVSSInternational,Inc.(NameofContractor)asPrincipalandtheundersignedasSuretyareheldandfirmlybounduntoOwner,CITYOFHEMET,apoliticalsubdivisionoftheStateofCalifornia,asobligee,inthepenalsumof------- TenPercentoftheTotalAmountoftheBid------------------------------------------------------------- Dollars10%°fT°talBidIlawfulmoneyoftheUnitedStatesofAmericabeingatleasttenpercent(10%)oftheaggregateamountofsaidPrincipal'sbaseBid,forthepaymentofwhich,wellandtrulytobemade,webindourselves,oursuccessors,executors,administrators,andassigns,jointlyandseverally,firmlybythesepresents.WHEREAS,saidPrincipalissubmittingaBidfor2022/23CITYWIDESLURRYSEALCIPNo.5748THECONDITIONOFTHISOBLIGATIONISSUCHthatiftheBidsubmittedbythesaidPrincipalbeacceptedandtheContractbeawardedtosaidPrincipalandsaidPrincipalshallwithintherequiredperiodsenterintotheContractsoawardedandprovidetherequiredConstructionPerformanceBond,ConstructionLaborandMaterialPaymentBond,insurancecertificates,andallotherendorsements,forms,anddocumentsrequiredundertheInstructionstoBidders,thenthisobligationshallbevoid,otherwisetoremaininfullforceandeffect.INWITNESSWHEREOF,theaboveboundenpartieshaveexecutedthisinstrumentthis23rddayofJanuary 2023.(Month) VSS(CorporateSeal) ByPrincipalJeff VicePresident
Bv
(CorporateSeal) StevenN.Passerine,Attomey-in-Fact

12.G

ShawndraeN.John
smwum:n.JOHNSTONNotarymu:» talilnrnlaSanFranrlstuCountyCummissmn3umos Mycum.ExpiresAug\1,1615
E
CALIFORNIAACKNOWLEDGMENTCIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCaliforniaCountyofContraCostaonJ beforeme’ ston,NotaryPublicDate HereInsertNameandTitleoftheOfficerpersonanyappearedStevenN.PasserineName(s)ofSigner(s)whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.

IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.WITNESSmyhandandofficialseal.

SignatureP/aceNotarySealand/orStampAbove SignatureofNotaryOPTIONALComp/etingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.DescriptionofAttachedDocumentTitleorTypeofDocument:DocumentDate: NumberofPages:Signer(s)OtherThanNamedAbove:Capacity(ies)ClaimedbySigner(s)Signer’sName:IIICorporateOfficer— Tit|e(s):IIIPartner—IIILimitedElGeneralI:IIndividuallxlAttorneyinFact1:1TrusteeDGuardianorConservatorDOther:SignerisRepresenting:
©2019NationalNotaryAssociation
Signer’sName:I]CorporateOfficer— Tit|e(s)IIIPartner—IIILimitedIIIGeneralIIIIndividualIIIAttorneyinFactI:ITrusteeI:IGuardianorConservatorIIIOther:SignerisRepresenting:

12.G

Weste
"§.\sE,\.1:‘ /
www.cnasureg.¢am
_,4
mSuretyCompanyPOWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY—IN-FACTKnowAllMenByThesePresents,ThatWESTERNSURETYCOMPANY ,aSouthDakotacorporation,isadulyorganizedandexistingcorporationhavingitsprincipalofficeintheCityofSiouxFalls,andStateofSouthDakota,andthatitdoesbyvirtueofthesignatureandsealhereinaffixedherebymake,constituteandappointStevenNPasserine,KathleenEEarle,DoreenGreen,ShawndraeNJohnston,Individually ofSanRamon,CA,itstrueandlawfulAttomey(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalfbonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindittherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadulyauthorizedofficerofthecorporationandalltheactsofsaidAttorney,pursuanttotheauthorityherebygiven,areherebyrati?edandcon?nned ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-Lawprintedonthereversehereof,dulyadopted,asindicated,bytheshareholdersofthecorporation.

InWitnessWhereof,WESTERNSURETYCOMPANYhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobeheretoaffixedonthis4thdayofNovember,2022 WESTERNSURETYCOMPANY T.Bru?at,VicePresidentStateofSouthDakotaCountyofMinnehahaOnthis4thdayofNovember,2022,beforemepersonallycamePaulT.Bru?at,tomeknown,who,beingbymedulysworn,diddeposeandsay:thatheresidesintheCityofSiouxFalls,StateofSouthDakota;thatheistheVicePresidentofWESTERNSURETYCOMPANYdescribedinandwhichexecutedtheaboveinstmment;thatheknowsthesealofsaidcorporation;thatthesealaffixedtothesaidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidcorporationandthathesignedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidcorporation - - A 9--as-.-.~-.-.~.-.~-.-.~.v.-.~s-.-.-.-um.0MyCOI'|'l1'l'1lSS|Ol"lexpires %M.BENTg4' NOTARYPUBLIC1'.r ISOUTHDAKOTA-.IMarch2’ :-.~.c.~.-my-.---ml-i-Is-u-u-.-u-.-o-.-.:MBent,NotaryPublicCERTIFICATEI,LNelson,AssistantSecretaryofWESTERNSURETYCOMPANYdoherebycertifythatthePowerofAttorneyhereinabovesetforthisstillinforce,and?irthercertifythattheBy-LawofthecorporationprintedonthereversehereofisstillinforceIntestimonywhereofIhavehereuntosubscribedmynameandaffixedthesealofthesaidcorporationthis23rddayofJanuary,2023

WESTERNSURETYCOMPANY
LNelson,AssistantSecretaryFormF4280-7-2012Goto >OwnerObligeeServices>ValidateBondCoverage,ifyouwanttoverifybondauthenticity

12.G

ACKNOWLEDGMENT
Anotarypublicorotherofficercompletingthiscerti?cateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCaliforniaCountyof YOIOonJanuary23,2023 MariaPrado,NotaryPublic(insertnameandtitleoftheofficer)personallyappeared JeffRobertswhoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument. beforeme,
IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.

WITNESSmyhandandIseal.

Si (Seal)
MARIAPRADONotalic-CaliforniaCountyComnii‘2337236CommExpiresNov13,

12.G

ordn
[I E
re
2022/23CITYWIDESLURRYSEALBIDDER'SPROPOSAL(cont'd)CIPNo.5748 NON-COLLUSIONAFFIDA VITPUBLICCONTRACTCODESECTION7106NON-COLLUSIONDECLARATIONTOBEEXECUTEDBYBIDDERANDSUBMITTEDWITHBIDTheundersigneddeclares:|amtheSeniorVicePresidentofVsslnterncitiondl,Incthepartymakingtheforegoingbid.Secretdry/TrecisurerThebidisnotmadeintheinterestof,oronbehalfof,anyundisclosedperson,partnership,company,association,organization,orcorporation.Thebidisgenuineandnotcollusiveorsham.Thebidderhasnotdirectlyorindirectlyinducedorsolicitedanyotherbiddertoputinafalseorshambid.Thebidderhasnotinanymanner,directlyorindirectly,soughtbyagreement,communication,orconferencewithanyonetofixthebidpriceofthebidderoranyotherbidder,ortofixanyoverhead,profit,orcostelementofthebidprice,orofthatofanyotherbidder.Allstatementscontainedinthebidaretrue.Thebidderhasnot,directlyorindirectly,submittedhisorherbidpriceoranybreakdownthereof,orthecontentsthereof,ordivulgedinformationordatarelativethereto,toanycorporation,partnership,company,association,organization,biddepository,ortoanymemberoragentthereof,toeffectuateacollusiveorshambid,andhasnotpaid,andwillnotpay,anypersonorentityforsuchpurpose.Anypersonexecutingthisdeclarationonbehalfofabidderthatisacorporation,partnership,jointventure,limitedliabilitycompany,limitedliabilitypartnership,oranyotherentity,herebyrepresentsthatheorshehasfullpowertoexecute,anddoesexecute,thisdeclarationonbehalfofthebidder.IdeclareunderpenaltyofperjuryunderthelawsoftheStateofCaliforniathattheforegoingistrueandcorrectandthatthisdeclarationisexecutedon0i/09/2023ldate],atWestSacramento[city],Ccilifornidstate] Oi/09/2023 01/09/2023SignatureofBidder DateSignatureofder DateJeffRoberts,SeniorVicePresidentJ Reed,SecretcIry/TredsurerPrintnameandtitle Printandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersrequired.)

12.G

3,992,000.00
5,194,120.00
SDNFSFFBADL2020(1)Pavemen1Preserv<:nionBadlandsCom
Da
2022/23CITYWIDESLURRYSEALB|DDER'SPROPOSAL(cont'd)CIPNo.5748 CONTRACTOR'SREFERENCELISTAttachtothisbidalistofthree(3)projectsinthepastfive(5)yearsonwhichthebidderandhissubcontractor(s)havesuccessfullyconstructedandcompletedprojectswiththesametype(elements),sizeandcomplexityofwork.TheAgencyEngineerwillmakethefinaldeterminationofwhethertheprojectslistedhereareofthesametype,sizeandcomplexityasthisproject.Failureofbiddertosupplysufficientdocumentationofsimilarelectric,telephone,cableandsanitarysewerundergroundfacilitiesexperienceshallbeconsideredgroundsforanon-responsivebidand,attheAgency'sdiscretion,saidbidwillbedisqualified.projectName;2021PavementMaintenanceProject—(ARCAPESEAL)ContractPrice: DateofCompletion:JUl-2022Name,Address,andTelephoneNumberofOwner'sRepresentativeCityofFairfield,1000WebsterStreet,Fairfield,CA94533DavidV ong&JessicaMarmolejodvong@fairfie|d.ca.govjmarmo|[email protected]—2022PavementPreservationWorkOrder:4618ContractPrice: DateofCompletion399-2022Name,Address,andTelephoneNumberofOwner'sRepresentative:YoloCounty—292WestBeamerStreet,Woodland,CA95695MarkChristison,CEmark.christison@yo|ocounty.orgPh:530-666-8842ProjectName: ractNo:690567i8D000008contractprice:6,300,l20.00teofComp|etion;.lUl.2022Name,Address,andTelephoneNumberofOwner'sRepresentativeFHW A— WFLHD610EastFifthSt.,Vancouver,W A98661MichaelKendromichae|[email protected]:360-619-7520SeeAttached:ContractorExperienceandQualifications(Attachadditionalpagesasnecessary)

12.G

2022/23CITYWIDESLURRYSEALBlDDER'SPROPOSAL(cont’d)CIPNo.5748 DESIGNATIONOFSUBCONTRACTORSNameofSubcontractorandLocationofPlaceDescriptionofWorkSubcontractor'sDIRRegistrationofBusiness LicenseNo. NumberHardy8-Harper.Inc.Paving215952100000007632RanchoCircle,LakeForest,CA92630 SuperiorPavementStriping7763061000001476MarkingsPOBOX278,Beaumont,CA92223 (Biddertoattachadditionaisheetsifnecessary)(PUBLICCONTRACTCODE§4100ETSEQ.)

12.G

Rev.0February10202022/23CITYWIDESLURRYSEALBIDDER'SPROPOSAL(cont'd)CIPNo.5748 BIDDERCERTIFICATIONSTOBEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBIDTheundersignedBiddercertifiestoOwnerassetforthinsections1through8,belowSTATEMENTOFCONVICTIONSBymysignaturehereunder,Iherebyswear,underpenaltyofperjury,thatnomorethanonefinal,unappealablefindingofcontemptofcourtbyaFederalCourthasbeenissuedagainstBidderwithinthepasttwoyearsbecauseoffailuretocomplywithanorderofaFederalCourtortocomplywithanorderoftheNationalLaborRelationsBoard.CERTIFICATIONOFWORKER'SCOMPENSATIONINSURANCEBymysignaturehereunder,astheContractor,IcertifythatIamawareoftheLaborCodeSection3700,whichrequireseveryemployertobeinsuredagainstliabilityforworker'scompensationortoundertakeself-insuranceinaccordancewiththeprovisionsofthatCode,andIwillcomplywithsuchprovisionsbeforecommencingtheperformanceoftheworkofthisContract.PleasenotethatthesubmittalofthiscertificatedoesnotrelieveContractorfromcomplyingwithalloftheinsurancerequirementsofthePublicWorksAgreementandContractDocuments.CERTIFICATIONOFPREV AILINGW AGERATESANDRECORDSBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSection1773,whichrequiresthepaymentofprevailingwageonpublicprojects.ContractorandanysubcontractorsundertheContractorshallcomplywithLaborCodeSection1776regardingwagerecords,andwithLaborCodeSection1777.5regardingtheemploymentandtrainingofapprentices.ContractorisresponsibletoensurecompliancebyanyandallsubcontractorsperformingworkunderthisContract.CERTIFICATIONOFCOMPLIANCEWITHPUBLICWORKSCHAPTEROFLABORCODEBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSections1777.1and1777.7Code,andContractorandSubcontractorsareeligibletobidandworkonpublicworksprojects.CERTIFICATIONOFNON-DISCRIMINATIONBymysignaturehereunder,astheContractor,Icertifythattherewillbenodiscriminationinemploymentwithregardtorace,color,religion,gender,sexualorientation,ageornationalorigin;thatallfederal,state,andlocaldirectivesandexecutiveordersregardingnon-discriminationinemploymentwillbecompliedwith;andthattheprincipalofequalopportunityinemploymentwillbedemonstratedpositivelyandaggressively.

12.G

dder
JO!’Y1
2022/23CITYWIDESLURRYSEALBIDDER'SPROPOSAL(cont'd)CIPNo.5748 CERTIFICATIONOFNON-DISQUALIFICATIONBymysignaturehereunder,astheContractor,Iswear,underpenaltyofperjury,thatthebelowindicatedBidder,anyofficerofBidder,oranyemployeeofBidderwhohasaproprietaryinterestinsuchBidder,hasneverbeendisqualified,removed,orotherwisepreventedfrombiddingon,orcompletingaFederal,State,orlocalgovernmentprojectbecauseofaviolationoflaworsafetyregulation,exceptasindicatedontheseparatesheetattachedheretoentitled”PreviousDisqua|ifications.”Ifastatementof”PreviousDisqua|ifications”isattached,pleaseexplainthecircumstances.CERTIFICATIONOFADEQUACYOFCONTRACTAMOUNTBymysignaturehereunder,astheContractor,pursuanttoLaborCodeSection2810(a),certifythat,ifawardedtheContractbasedontheundersigned’sBid,theContractwillincludefundssufficienttoallowtheContractortocomplywithallapplicablelocal,state,andfederallawsorregulationsgoverningthelabororservicestobeprovided.IunderstandthatOwnerwillberelyingonthiscertificationifitawardstheContracttotheundersigned.CERTIFICATIONREGARDINGDIRCONTRACTOR/SUBCONTRACTORREGISTRATIONBymysignaturehereunder,astheContractor,IcertifythatContractor,andalllistedSubcontractorsarethesubjectofcurrentandactivecontractorregistrationspursuanttoDivision2,Part7,Chapter1(commencingwithsection1720)oftheCaliforniaLaborCode.Contractor'sregistrationnumberis[pleasecomplete]1000001231Subcontractors’registrationnumbersareasindicatedinDocument004314 BIDDER:01/09/2023 01/09/2023SignatureofBidder DateSignatureof DateJeffRoberts,SeniorVicePresident Reed,Secrefc1ry/TreasurerPrintnameandtitle Printnaandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersrequired.)

12.G

Www.surry.cam
lnternaIonal,CallforiéChnnelcramento,
V55|I'ITERl'IFlTIOl'l?L.INC.

V):-WESTSACRAMENTO,CA95793,USA-PHON(916)373-1438' CONTRACTOR’SLICENSEN0.293I .11 (Ill!
01/17/2020
ToWhomItMayConcern
I,JordanReed,duly-electedSecretaryofVSSInternational.Inc.statethatthefollowingresolutionisatrueandexactcopyofthatresolutionadoptedbytheBoardofDirectorsofVSSInternational,Inc.,May23,2017. “NOW,THEREFORE,beitresolvedthatJeffRobertsasdulyelectedSeniorVicePresident,beauthorizedtosignanyandallbidsand/orcontracts,and/orlegaldocumentsforVSSInternational,lnc.,aCaliforniaCorporation,andthathissignatureshallbebindingonthecorporation." JordanSecretaryVSSInc.A Corporation3785DriveWestCA95691 3785CHANNELDRI E(916)373-1500FAXNO. 727AF'F|VEl'l'|El'|Tl11l=|II'ITEl'IFIl'II:E5I=IEI:Ir=IL5'rs

12.G

.slurry.com
VSSInterational,
VSS|l'|TERl1f-ITlOl'IFl,Il'IC.

PHONE(916)373-!S00-FAX(9l6)373-ICONTRACTOR’SLICENSECA293727I I WWW
January17,2020
ToWhomItMayConcernI,JeffreyReed,duly-electedPresidentofVSSInternational,Inc.,statethatthefollowingresolutionisatrueandexactcopyofthatresolutionadoptedbytheBoardofDirectorsofVSSInternational,Inc.,October6,2019. “NOW,THEREFORE,beitresolvedthatJordanReedasdulyelectedSecretary,Treasurer,beauthorizedtosignanyandallbidsand/orcontracts.and/orlegaldocumentsforVSSInternational,Inc.,aCaliforniaCorporation,andthathissignatureshallbebindingonthecorporation." inc.ACaliforniaCorporation3785ChannelDriveWestSacramento,CA95691 L3785CHANNELDRIVE-WESTSACRAMENTO,CA95691,USANO.438NO.AF'?VElT|El"l'|'ITIFIl'ITEI"IFI|'|CESPECIFIL5T5

12.G

City of Hemet Engineering Department
445 E. Florida Avenue, Hemet, CA 92543
Project Name: 2022/23 Citywide Slurry Seal Project, CIP#5748

SE of Mustang Way & Fisher Avenue Neighbor - AREA 1
Name From To Length Width SQ.FT.

SILVER DROP COVE BLUE COPPER 950 38 36100
BLUE COPPER SILVER DROP LITTLE YELLOW 650 36 23400
ORANGE TIP SHASTA BLUE BLUE COPPER 680 34 23120
SHASTA BLUE SILVER DROP COVE 1375 36 49500
SWALLOWTAIL ORANGE TIP SPRING WHITE 500 36 18000
SPRING WHITE SWALLOWTAIL SHASTA BLUE 420 34 14280
DAINTY

LITTLE YELLOW

SWALLOWTAIL

MUSTANG

SHASTA BLUE

SWALLOWTAIL
420
440
32 36
13440
15840
5435 L.F. 193680 S.F.

SE of Kirby Street & Menlo Avenue Neighbor - AREA 2
Name From To Length Width SQ.FT.

SAN PEDRO KIRBY SAN HUERTA 450 36 16200
SAN HUERTA SAN PEDRO MENLO 530 36 19080

SAN PADRE SAN HUERTA

SAN HUERTA

CUL DE SAC

SAN ROGELIO
400
725
36 36
14400
26100
SAN CLEMENTE SAN PEDRO SAN ARTURO 500 34 17000
SAN ARTURO SAN ROGELIO SAN CLAMENTE 1070 32 34240

SAN PASQUEL

SAN MARINO

SAN ROGELIO

SAN HELICE

SAN PADRE

SAN ARTURO

SAN PADRE

SAN PADRE
SAN

CLEMENTE

SAN ARTURO

W OAKLAND

SAN ARTURO

SAN ARTURO

CUL DE SAC
820
190
820
910
315
36 36
36 36
32 29520
6840
29520
32760
10080
7740 L.F. 235740 S.F.

12.G

NW of Palm Avenue & Fruitvale Avenue Neighbor - AREA 3
Name From To Length Width SQ.FT.

CORAMDEO FRUITVALE CUL DE SAC 525 32 16800
PERTANO CORAMDEO KALIMA 820 36 29520
DELEON PERTANO CUL DE SAC 250 32 8000

EMPRESSA
KALIMA
DON

PERTANO

PERTANO
KALIMA

CUL DE SAC
DON
PALM
250
285
160
32 36
36 8000
10260
5760
2290 L.F. 78340 S.F.

WEST of Buena Vista Street & Fruitvale Avenue Neighbor - AREA 4 Name From To Length Width SQ.FT.

GOAL ROXANNE BUENA VISTA 500 34 17000
ROXANNE GOAL CUL DE SAC 1410 36 50760
FRUITVALE ROXANNE BUENA VISTA 450 36 16200
ARIA GOAL CUL DE SAC 1245 36 44820
KELLIE BUENA VISTA HALEY 520 32 16640
NEAL
HALEY
KELLIE
KELLIE

CUL DE SAC
MENLO
350
550
30 34
10500
18700
5025 L.F. 174620 S.F.

SE of Girard Street & Menlo Avenue Neighbor - AREA 5
Name From To Length Width SQ.FT.

JAMES GIRARD BRAN 250 34 8500
BRAN JAMES BRADY 840 34 28560
BRADY BRAN KERILYN 265 34 9010
KERILYN BRADY MENLO 1015 34 34510
2370 L.F. 80580 S.F.

12.G

NW of Santa Fe Street & Thornton Avenue Neighbor - AREA 6 Name From To Length Width SQ.FT.

BARBER NICKLAUS

NICKLAUS

CUL DE SAC

SANTA FE
270
650
32 32
8640
20800
NICKLAUS BARBER THORNTON 550 32 17600
PALMER NICKLAUS CUL DE SAC 275 34 9350
SNEAD NICKLAUS CUL DE SAC 275 34 9350
CRENSHAW NICKLAUS SANTA FE 630 30 18900
2650 L.F. 84640 S.F.

West of Searl Street & Domenigoni Parkway Neighbor - AREA 7 Name From To Length Width SQ.FT.

DOMENIGON WB

DOMENIGONI EB
SEARL

CITY LIMITS

CITY LIMITS
SEARL
9800
9800
40 40
392000
392000
19600 L.F. 784000 S.F.

PROJECT TOTAL SQ. FOOTAGE=

6131600 S.F.

PROJECT TOTAL LINEAL FEET= 45110 L.F. (8.54 Miles)

12.G

OF SHEET
FILE NO.

City of Hemet
445 E. FLORIDA AVENUE
HEMET, CA 92543
(951) 765-2360

CITY OF HEMET

ENGINEERING DEPARTMENT
5748
3 CIP No. 5748 1
2022/23 Citywide CrackSeal and Slurry Project
Total Square Footage = 1,631,600 s.f. ±
THE CONTRACTOR AGREES TO ASSUME SOLE AND COMPLETE RESPONSIBILITY City's Notice to Contractor

FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS

REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL

WORKING HOURS AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND

HOLD THE CITY, AND ITS EMPLOYEES AND AGENTS, HARMLESS FROM ANY AND

ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF

WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE CITY, ITS EMPLOYEES AND/OR AGENTS.

NOTE: CONTRACTOR IS RESPONSIBLE FOR DETERMINING THESE QUANTITIES, (NUMBERS SHOWN ARE APPROXIMATE).

2. ALL CRACKS GREATER THAN 1-1/2 INCH SHALL BE DIGGED OUT AND

1. ALL CRACKS GREATER THAN 1/4 INCH SHALL BE CRACK SEALED, (ESTIMATED 18,210 L.F.).

FILLED WITH CONVENTIONAL ASPHALT CONCRETE, SEE DETAIL HEREON.

Notes:

3. THE CONTRACTOR SHALL REPLACE ALL FIRE HYDRANT SPOTTERS PER C.O.H. STD. NO. W-700B, "BLUE DOT", TO ALL DISTURBED AREAS TO THE SATISFACTION OF THE PUBLIC WORKS SENIOR INSPECTOR.

4. THE CONTRACTOR SHALL REPLACE ALL STRIPING, "IN KIND" OR BETTER,

TO ALL DISTURBED AREAS TO THE SATISFACTION OF THE PUBLIC WORKS SENIOR INSPECTOR.
= CRACK SEAL & SLURRY
= CITY LIMITS

DIG - OUT DETAIL

NO SCALE
MIN. 1.5" CRACK
MIN. 12"AND FILL WITH
MIN. 0.10' GRIND

CONVENTIONAL
ASPHALT CONC. EXIST. A.C. PAVEMENT

PATCH WORK DETAIL

NO SCALE
2" GRIND &
4' MIN.

EXIST. A.C. PAVEMENT
(BOTH WAYS)

OVERLAY
Total Lineal Feet = 13,470 L.F. ±
Total Square Footage = 24,936 S.F. ±
Legend
O

TWO WORKING DAYS BEFORE YOU DIG
Underground Service Alert
LLAC
O
EB
F
ER
Y
227-2600
1-800
Call: TOLL FREE
D GI
U
SCALE:

DATE:

BENCHMARK:

DATE:

PREPARED UNDER THE SUPERVISION OF:

DESIGNED BY: DRAWN BY: CHECKED BY:

DATE:

REVISIONS:

APPROVED:NO: BY:

NOAH RAU, R.C.E.

CITY OF HEMET PUBLIC WORKS
COH 09/14/2022COH

DIRECTOR/CITY ENGINEER
COH

GRAPHIC SCALE
0 0.5 1.0 MILE
235,740 s.f.AREA 2
174,620 s.f.AREA 4
193,680 s.f.AREA 1
78,340 s.f.AREA 3
80,580 s.f.AREA 5
84,640 s.f.AREA 6
784,000 s.f.AREA 7
12/28/2022

12.G

NO SCALE

OF SHEET
FILE NO.

City of Hemet
445 E. FLORIDA AVENUE
HEMET, CA 92543
(951) 765-2360

CITY OF HEMET

ENGINEERING DEPARTMENT
5748
3 CIP No. 5748 2
2022/23 Citywide CrackSeal and Slurry Project
THE CONTRACTOR AGREES TO ASSUME SOLE AND COMPLETE RESPONSIBILITY City's Notice to Contractor

FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS

REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL

WORKING HOURS AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND

HOLD THE CITY, AND ITS EMPLOYEES AND AGENTS, HARMLESS FROM ANY AND

ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF

WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE CITY, ITS EMPLOYEES AND/OR AGENTS.

NOTE: CONTRACTOR IS RESPONSIBLE FOR DETERMINING THESE QUANTITIES, (NUMBERS SHOWN ARE APPROXIMATE).

2. ALL CRACKS GREATER THAN 1-1/2 INCH SHALL BE DIGGED OUT AND FILLED WITH CONVENTIONAL ASPHALT CONCRETE, SEE DETAIL ON SHEET 1.

Notes:

3. THE CONTRACTOR SHALL REPLACE ALL FIRE HYDRANT SPOTTERS PER C.O.H. STD. NO. W-700B, "BLUE DOT", TO ALL DISTURBED AREAS TO THE SATISFACTION OF THE PUBLIC WORKS SENIOR INSPECTOR.

4. THE CONTRACTOR SHALL REPLACE ALL STRIPING, "IN KIND" OR BETTER,

TO ALL DISTURBED AREAS TO THE SATISFACTION OF THE PUBLIC WORKS SENIOR INSPECTOR.

O

TWO WORKING DAYS BEFORE YOU DIG
Underground Service Alert
LLAC
O
EB
F
ER
Y
227-2600
1-800
Call: TOLL FREE
D GI
U
SCALE:

DATE:

BENCHMARK:

DATE:

PREPARED UNDER THE SUPERVISION OF:

DESIGNED BY: DRAWN BY: CHECKED BY:

DATE:

REVISIONS:

APPROVED:NO: BY:

NOAH RAU, R.C.E.

CITY OF HEMET PUBLIC WORKS
COH 09/14/2022COH

DIRECTOR/CITY ENGINEER
COH
Total Square Footage = 1,631,600 s.f. ±
= CRACK SEAL & SLURRY
= CITY LIMITS
Legend
193,680 s.f.AREA 1
235,740 s.f.AREA 2
78,340 s.f.AREA 3
174,620 s.f.AREA 4
80,580 s.f.AREA 5
84,640 s.f.AREA 6

1. ALL CRACKS GREATER THAN 1/4 INCH SHALL BE CRACK SEALED, (ESTIMATED 18,210 L.F.). 12/28/2022

12.G

NO SCALE

OF SHEET
FILE NO.

City of Hemet
445 E. FLORIDA AVENUE
HEMET, CA 92543
(951) 765-2360

CITY OF HEMET

ENGINEERING DEPARTMENT
5748
3 CIP No. 5748 3
2022/23 Citywide CrackSeal and Slurry Project
THE CONTRACTOR AGREES TO ASSUME SOLE AND COMPLETE RESPONSIBILITY City's Notice to Contractor

FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS

REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL

WORKING HOURS AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND

HOLD THE CITY, AND ITS EMPLOYEES AND AGENTS, HARMLESS FROM ANY AND

ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF

WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE CITY, ITS EMPLOYEES AND/OR AGENTS.

NOTE: CONTRACTOR IS RESPONSIBLE FOR DETERMINING THESE QUANTITIES, (NUMBERS SHOWN ARE APPROXIMATE).

2. ALL CRACKS GREATER THAN 1-1/2 INCH SHALL BE DIGGED OUT AND FILLED WITH CONVENTIONAL ASPHALT CONCRETE, SEE DETAIL ON SHEET 1.

Notes:

3. THE CONTRACTOR SHALL REPLACE ALL FIRE HYDRANT SPOTTERS PER C.O.H. STD. NO. W-700B, "BLUE DOT", TO ALL DISTURBED AREAS TO THE SATISFACTION OF THE PUBLIC WORKS SENIOR INSPECTOR.

4. THE CONTRACTOR SHALL REPLACE ALL STRIPING, "IN KIND" OR BETTER,

TO ALL DISTURBED AREAS TO THE SATISFACTION OF THE PUBLIC WORKS SENIOR INSPECTOR.

O

TWO WORKING DAYS BEFORE YOU DIG
Underground Service Alert
LLAC
O
EB
F
ER
Y
227-2600
1-800
Call: TOLL FREE
D GI
U
SCALE:

DATE:

BENCHMARK:

DATE:

PREPARED UNDER THE SUPERVISION OF:

DESIGNED BY: DRAWN BY: CHECKED BY:

DATE:

REVISIONS:

APPROVED:NO: BY:

NOAH RAU, R.C.E.

CITY OF HEMET PUBLIC WORKS
COH 09/14/2022COH

DIRECTOR/CITY ENGINEER
COH
Total Square Footage = 1,631,600 s.f. ±
= CRACK SEAL & SLURRY
= CITY LIMITS
Legend
784,000 s.f.AREA 7

1. ALL CRACKS GREATER THAN 1/4 INCH SHALL BE CRACK SEALED, (ESTIMATED 18,210 L.F.). 12/28/2022

12.G

1 Project No. 5748

CITY OF HEMET BID AND CONTRACT DOCUMENTS

CITY OF HEMET CONTRACTOR AGREEMENT
2022/23 Citywide Slurry Seal – CIP 5748
This City of Hemet Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Hemet (“Agency”), and American Asphalt South, Inc. (“Contractor”) on the 15th day of March, 2023.

In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work in connection with the 2022/23 Citywide Slurry Seal – CIP 5748 to be constructed at various locations listed in Appendix 5 of the Invitation for Bid, in the City of Hemet, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

12.G

2 Project No. 5748

3. TIME FOR PERFORMANCE
Time is of the essence in Contractor’s performance of the Work for this Agreement. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents. If Contractor

4. DELAYS AND EXTENSIONS OF TIME
Delays and extensions of time will be handled by Agency and Contractor pursuant to the provisions of Section 6-4 of the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back-up information, in strict compliance with the requirements of the provisions of Section 6-4 of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.

5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.

Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

Contractor acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 1773.6, 1773.7, 1774, 1775 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work (“Prevailing Wage Laws”). Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

12.G

3 Project No. 5748
Contractor acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)

6. NON-DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940. Contractor is responsible for compliance with this section.

7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Hemet shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

8. INDEMNIFICATION
Contractor agrees to indemnify, defend and hold harmless City, its elected officials, officers, employees and agents from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which City may suffer or incur or to which City may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of any negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, agents, or subcontractors committed in performing any Work under this Contract, excluding Claims occurring as a result of the City’s sole negligence or willful acts or omissions.

If any action or proceeding is brought against City by reason of any of the matters against which Contractor has agreed to indemnify City as provided above, City need not have first paid for any of the matters to which City is entitled to indemnification in order to be so indemnified. In the event of any Claim made against City, City may, in its sole discretion, reserve, retain or apply any funds due to Contractor under this Contract for the purpose of resolving such Claim. The provisions of this section will survive the expiration or earlier termination of this Agreement.

9. CLAYTON AND CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have

12.G

4 Project No. 5748
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.

10. INSURANCE
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Agreement.

Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

11. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

12. PROJECT DOCUMENTATION
All data, drawings, maps, models, notes, books, documents, papers, daily reports, schedules, time and materials tickets, employee time sheets, accounting records and other evidence pertaining to costs incurred, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.

Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the

12.G

5 Project No. 5748
date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. INDEPENDENT CONTRACTOR
Contractor is and will at all times remain as to City a wholly independent contractor and shall not be an employee, agent, partner or joint venture of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. Neither the City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.

15. LICENSES AND PERMITS
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Hemet Municipal Code.

12.G

6 Project No. 5748

16. GENERAL PROVISIONS
a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in the City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. f) Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. g) Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. i) Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision.

12.G

7 Project No. 5748
j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Riverside. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Riverside.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Hemet
By:

Eddie Pust, Interim City Manager
CONTRACTOR:

American Asphalt South, Inc.

By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

John Maier, City Clerk Contractor’s City Business License No.

APPROVED AS TO FORM:

By:

Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]

12.G

EXHIBIT A

CONTRACT DOCUMENTS
City of Hemet Contractor Agreement
Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal
Bid Schedule(s)
Addenda and/or Bulletins
Plans
Special Provisions (Specifications)
General Conditions
General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2018 edition as amended and supplemented
State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Notice of Award
Notice to Proceed
Certificate(s) of Required Insurance and Worker’s Compensation Insurance Security for Payment (Labor & Materials) and Performance Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.

12.G

EXHIBIT B

CONTRACT PRICE
Not to Exceed $819,930.00
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

12.G

EXHIBIT C

INSURANCE

1.General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Professional Liability $1,000,000 per occurrence/$2,000,000 general aggregate
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.

2.Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.

3.Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.

12.G

4.Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

5.Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

6.Professional Liability. For professional services including design/build, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7.Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.

8.Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.

9.Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross- liability exclusion precluding coverage for claims or suits by one insured against another.

Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.

10.Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to

12.G

City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.

11.Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

12.Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

13. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.

14. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

15. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.

16. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

12.G

PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01THAT WHEREAS, CITY OF HEMET (Owner) has awarded to American Asphalt South, Inc as Principal, dated the 15th day of March, 2023 (the Contract), titled the City of Hemet 2022/23 Citywide Slurry Seal - CIP 5748 in the amount of $819,930.00, which Contract is by this reference made a part hereof, for the work of the following Contract:
2022/23 Citywide Slurry Seal - CIP 5748

1.02AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

1.03NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($819,930.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

1.05This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

1.06Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

12.G

1.07Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

1.08Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

12.G

CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated March 15th, 2023 is in the amount of $819,930.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to American Asphalt South, Inc (Contractor), (Surety), CITY OF HEMET (Owner), or other
party shall be considered plural where applicable.

CONTRACTOR: SURETY:

American Asphalt South, Inc
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: 2022/23 Citywide Slurry Seal - CIP 5748, dated March 15th, 2023, in the amount of $819,930.00.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name: Name:

Title: Title:

12.G

BOND TERMS AND CONDITIONS

1.Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2.If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3.If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2Owner has agreed to pay the Balance of Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4.When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:

4.1Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.3Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

12.G

4.4Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph

4.4 above, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 above, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.

5.At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6.If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:

6.1Contractor’s obligations to complete the Construction Contract and correct Defective Work;

6.2Contractor’s obligations to pay liquidated damages; and

6.3To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).

7.If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

12.G

8.If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

9.No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10.Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11.Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.

12.All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13.Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

14. Definitions

14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.

14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.

12.G

14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).

Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

END OF DOCUMENT

12.G

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Mar 14 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Declaring the Property Located at 1035 South Cawston Avenue (APN 456-020-009) to be Exempt Surplus Land Pursuant to Government Code Section 54221(f)(1)(d), Authorizing the City Manager to Execute a Property Exchange Agreement Between the City and Eastern Municipal Water District (EMWD) for that Certain Property Located Adjacent to Fire Station No. 2 and Hemet Well No. 4 (APNs 451-021-001 and 451-021-002) and Taking Related Actions

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, declaring the property located at 1035 South Cawston Avenue (APN 456 -020-009) to be Exempt Surplus Land pursuant t o Government Code Section 54221(f)(1)(d), authorizing the City Manager to execute a property exchange agreement between the City and Eastern Municipal Water District for that certain property located adjacent to Fire Station No. 2 and Hemet Well No. 4 (APN s 451-021-001 and 451 -021-002) and taking related actions.

BACKGROUND:

The City received a letter from the EMWD dated April 6, 2022 expressing interest in a portion of the City's property located at 1035 S Cawston Ave, Hemet, California and consisting of APN 456-020-009 for a new sewer lift station.

EMWD's Cawston Lift Station (CLS) will not have enough capacity to pump west Hemet's sewer flow to the San Jacinto Valley Regional Water Reclamation Facility for treatment by 2027. City and EMWD staff subsequently collaborated during 2022 to identify potential properties to exchange that will benefit both organizations. The optimal property for EMWD’s replacement CLS was identified as a portion of the City's parcel where Fire Station No. 4 is located at the northwest corner of Cawston Ave. and Stetson Ave. due to its close proximity to the existing CLS.

12.H

EMWD is the owner in fee simple the Assessor Parcel Numbers 451-021-001 and 451-021-002 located adjacent to Fire Station No. 2 and Hemet Water Well No. 4 and booster pump at the southeast corner of Stetson Avenue and Palm Avenue, in the City of Hemet. These District Parcels previously housed the Diamond Valley Booster Station (I -III) which was abandoned in 2009 and demolished shortly thereafter.

The City Engineer believes it would be beneficial to acquire these parcels from EMWD to benefit the existing Fire Station No. 2 and Water Utility facilities in the future.

ANALYSIS:

Epic Land Solutions, Inc., an EMWD consultant appraiser, was tasked w ith determining market value for both District Parcels as well as the City Parcel. A 1.04 acre portion of the City Parcel was appraised at $408,000 and District Parcels, roughly 0.37 acres, appraised at a value of $129,000. The size parcel the District needs for the lift station is actually 1.24 acres so using the square foot unit price from the appraisal to increase by 0.20 acres, the appraised value of the City's parcel is $486,000. The difference in property valuations is mostly due to the City’s parcel size being more than three times larger than the District Parcels. As part of the exchange, EMWD will make a cash payment, in the amount of $357,000, to the City to account for the difference in property valuations.

The California Surplus Lands Act (SLA ) requires that before the City takes any action to dispose (sell or lease) property, it must make written findings demonstrating that the land falls within one of the categories defined under the SLA. The City Property can be declared exempt surplus land pursuant to California Government Code Section 54221(f)(1)(D) because the City is transferring City Property to EMWD, another local agency, necessary for EMWD's use to serve the City's sewer flows.

The City will be responsible for its proportioned share of escrow/title fees and EMWD will be entirely responsible for necessary surveying and fencing of the new site for their lift station.

DISCUSSION:

Collaboration across the City Departments has concluded that the portion of the parcel at the northwest corner of Stetson Ave. and Cawston Ave. that the City is declaring surplus exempt is not needed for City use and that there are potential uses for the parcels being provided to the City located at the southeast corner of Palm Ave. and Stetson Ave.

STRATEGIC PLAN INTEGRATION:

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

The proposed land exchange will include a payment to the City in the amount of $357,000 for the difference in property valuations being exchanged.

12.H

ALTERNATIVE(S):

1. Do not adopt the Resolution to declare the portion of the City's parcel surplus exempt.

2. Provide alternative direction to staff.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

ATTACHMENT(S):

Attachment 1 - Reso Declaring Surplus Exempt and EMWD exchange agreement Attachment 2 - Resolution Attachment 1 - Cawston LS
Attachment 3 - Resolution Attachment 2 - Stetson and Palm District Lots Attachment 4 - LOI Term Sheet_Cawston LS_FINAL
Attachment 5 - Stetson.Cawston Appraisal Report 20220916 Attachment 6 - Stetson.So Palm Appraisal Report 20221027

12.H

City of Hemet Resolution No. 2023-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HEMET, CALIFORNIA, DECLARING THE
PROPERTY LOCATED AT 1035 SOUTH CAWSTON
AVENUE (APN 456-020-009) TO BE EXEMPT

SURPLUS LAND PURSUANT TO GOVERNMENT
CODE SECTION 54221(F)(1)(D), AUTHORIZING

THE CITY MANAGER TO EXECUTE A PROPERTY

EXCHANGE AGREEMENT BETWEEN THE CITY

AND EASTERN MUNICIPAL WATER DISTRICT

FOR THAT CERTAIN PROPERTY LOCATED
ADJACENT TO FIRE STATION NO. 2 AND HEMET
WELL NO. 4 (APNS 451-021-001 AND 451-021-002)

AND TAKING RELATED ACTIONS
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City of Hemet (“City”) is the owner in fee simple of that certain real property located at 1035 South Cawston Avenue, Hemet, California (consisting of APN 456-020-009) and Eastern Municipal Water District (“District”) is the owner of certain real property generally located adjacent to Fire Station No. 2 and Well No. 4 (consisting of APN 451-021-001 and 451-021-002); and WHEREAS, City desires to convey that portion of the City Property, described in Exhibits “A” and “B” of the Grant Deed attached hereto (“City Parcel”) as Attachment 1 and incorporated herein by reference, to District; and

12.H

City of Hemet Resolution No. 2023-xxx
WHEREAS, District desires to convey that portion of the District Property, described in Exhibits “A” and “B” of the Grant Deed attached hereto (“District Parcel”) as Attachment 2 and incorporated herein by reference to City; and
WHEREAS, under the Surplus Property Land Act,
Government Code Section 54220-54233 (“Act”) as recently amended by AB 1486, surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; and
WHEREAS, the Act provides that such land shall be
declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City’s policies and procedures; and
WHEREAS, the California Surplus Land Act, as modified by California Assembly Bill 1486, which was signed into law by the Governor on October 9, 2019, defines “exempt surplus land” to include local agencies exchanging the surplus land for another property necessary for the agency’s use to be declared as an exempt surplus; and
WHEREAS, this activity is exempt from the California
Environmental Quality Act (CEQA) as authorized under the California Code of Regulations, Title 14, Chapter 3, Section 15312 and 15061, which provides exemption for the sale of surplus land,

12.H

City of Hemet Resolution No. 2023-xxx
and the commonsense exemption there is no possibility the activity will have an impact on the environment. Any future use of the acquired property will be subject to the California Environmental Quality Act (CEQA). In conformance with the California Code of Regulations Title 14, Chapter 3, Section 15004, the appropriate environmental document will be prepared when “meaningful information” becomes available; and
WHEREAS, District has proposed to make a cash payment,
in the amount of $357,000, to the City to account for the difference in property valuations, subject to the terms and conditions contained therein; and
WHEREAS, City Council believes the negotiated exchange
is for an adequate consideration and in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY

OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:

SECTION 1.The recitals above are true and correct.

SECTION 2.Based on the above recitals, the City Council finds and declares (i) the City Parcel is not necessary for the City’s use; (ii) it is exempt surplus property pursuant to Government Code subdivision 54221 (f)(1)(C) and (D); (iii) the noticing requirements of Government Code subdivision 54221 (f)(2) are not applicable; and (iv) as exempt surplus property other provisions of the Act are not applicable (Government Code section 54222.3.)

12.H

City of Hemet Resolution No. 2023-xxx
SECTION 3.The City Council declares that, should any
provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or works of this Resolution as hereby adopted shall remain in full force and effect.

SECTION 4.Staff is hereby authorized and directed to
provide a copy of this Resolution to the Department of Housing and Community Development (“HCD”) in the manner required by HCD.

SECTION 5.This activity is exempt from the California
Environmental Quality Act (CEQA) as authorized under the California Code of Regulations, Title 14, Chapter 3, Section 15312 and 15061, which provides exemption for the sale of surplus land, and the commonsense exemption there is no possibility the activity will have an impact on the environment.

SECTION 6.The City Manager and his designees are
hereby authorized to execute a Property Exchange Agreement between the City and District consistent with the intent of this Resolution so long as such Agreement is as approved to final form by the City Attorney. The City Manager or his designees are further authorized and directed to take such other actions as the City Manager deems necessary and proper to effectuate the purposes

12.H

City of Hemet Resolution No. 2023-xxx
of this Resolution and any actions previously taken are hereby ratified.

SECTION 7.This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 14th day of
March, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

12.H

City of Hemet Resolution No. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the this 14th day of March, 2023, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members: None.

ABSTAIN: Council Members: None.

ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk

12.H

12.H

EXHIBIT”A"

EASTERNMUNICIPALW ATERDISTRICT

GRANTDEED
W.O.77470APN:456-020-009GRANTOR:CITYOFHEMET,AMUNICIPALCORPORATION

LEGALDESCRIPTION
THATPORTIONOFTHESOUTHEASTQUARTEROFSECTION18,TOWNSHIP5SOUTH,RANGE1WEST,SANBERNARDINOMERIDIAN,ACCORDINGTOTHEOFFICIALPLATOFSAIDTOWNSHIPFILEDIN1367WITHTHEDISTRICTLANDOFFICE,BEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS:

COMMENCINGATTHESOUTHEASTCORNEROFSAIDSECTION18,ALSOBEINGTHEPOINTOFINTERSECTIONOFTHECENTERLINEOFSTETSONA VENUEWITHTHECENTERLINEOFCAWSTONA VENUESHOWNONRECORDOFSURVEYONFILEINBOOK55PAGES69THROUGH77,RECORDSOFRIVERSIDECOUNTY ,CALIFORNIA; THENCEALONGTHECENTERLINEOFCAWSTONA VENUE,NORTH00°41’51”EAST,ADISTANCEOF99.00FEET; THENCENORTH89°24’13”WEST,ADISTANCEOF25.00FEET,TOTHEWESTERLYRIGHT-OF-W AYOFCAWSTONA VENUEANDTHESOUTHEASTERLYCORNEROFTHEPARCELDESCRIBEDININSTRUMENTNO.2004-0269563RECORDEDAPRIL14,2004INFA VOROFTHEHEMETREDEVELOPMENTAGENCY ,SAIDPOINTBEINGTHEPOINTOFBEGINNING;THENCEALONGTHESOUTHERLYLINEOFSAIDPARCEL,NORTH89°24'13"WEST,ADISTANCEOFOF-W AYOFCAWSTONA VENUE;THENCEALONGSAIDPARALLELLINE,NORTH00°41'51"EAST,ADISTANCEOF202.00FEEI’,TOALINEPARALLELWITHAND202.00FEETNORTHERLYOFTHESOUTHERLYLINEOFSAIDPARCEL;THENCEALONGSAIDPARALLELLINE,SOUTH89°24'13"EAST,ADISTANCEOF267.33FEET,TOTHEWESTERLYRIGHT-OF-W AYOFCAWSTONA VENUE;THENCEALONGSAIDWESTERLYRIGHT-OF-W AY ,SOUTH00°41’51”WEST,ADISTANCEOF202.00FEET,TOTHEPOINTOFBEGINNING.Page1of2

12.H

CONTAINING1.24
ACRES,MOREORLESS.

SEEEXHIBIT"B"HERETOANDBYTHISREFERENCEMADEAPARTHEREOF.THISREALPROPERTYDESCRIPTIONHASBEENPREPAREDBYME,ORUNDERMYDIRECTION,INCONFORMANCE THEPROFESSIONALLANDSURVEYORS’ACT.

ANDREWJ.PLS9603Expires:3-31-2023DATE:1[24[2023
EXHIBIT"A":GRANTDEEDAPN:

Page2of2

12.H

O
50 100
1"=100'
CAWSTONA VENUE(Noo°41'51"E)BASISorBEARINGSNZ
COUN7'YOFI‘?/VERS/DEPE/?/N57?No.053757REC.02/27/79.95STETSON_ A VENUE(Na9'24'13"w)BA5!5_QF_BEABIN§§THEBEARINGSHEREONAREBASEDONTHECENTERLINEOFCAWSTONA VE.ASSHOWNONRS55/69-77.RECORDSOFRIVERSIDEPREPAREDUNDERMy9|CNBEINGAPORTIONOFTHESOUTHEASTQUARTEROFSEC.I8,T.5.S.,R.1W..S.B.MLEGEND.ANDREWJ.RIEN I INDICATESEMWDGRANTDEEDExp.3/31/20231.24ACRES‘I;DATE::Ll2A.l2?2J—() INDICATESREcoRDDATAPERRS ..APN:456-020-00955/69-77,REcoRDsorRIVERSIDECOUNTYSEc.18.T55.R.1W.SBMEASTERNMUNICIPALW ATERDISTRICTINSTN0 DATE —RIVERSIDECOUNTY .CALIFORNIA APPROV ALSSCALE1"=100'GRANTDEED DRAWN“WWPaovmwor:cmorIIEIIEI-aazaaanm

12.H

1 of 1
RP-004
Rev. 05/21

RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:

Eastern Municipal Water District
P.O. Box 8300
Perris, CA 92572-8300
Attn: Real Property Division

EXEMPT FROM RECORDING FEES
(Government Code §§6103 & 27383)

(Space above Line for Recorder’s Use Only)
APN(S): 451-021-001, 451-021-002
WO#: 477470
RA#:

The undersigned grantor(s) declare(s) documentary transfer tax is $0.00.

GRANT DEED

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, EASTERN MUNICIPAL WATER DISTRICT, a public agency organized and existing under and by virtue of the Municipal Water District Law of 1911 , does hereby grant to the CITY OF HEMET, all right, title and interest in that real property situated in the City of Hemet, County of Riverside, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference.

Dated: ________ EASTERN MUNICIPAL WATER DISTRICT,
a public agency organized and existing
under and by virtue of the Municipal Water
District Law of 1911

By: ______________________________
Joe Mouawad, P.E., General Manager

12.H

Order No. 00930578-993-IET-SAD Policy No. CA-FAIN-IMP-72G28-1-22-00930578 72G28 CLTA Guarantee Form No. 28 (06-05-14) Page 5
Condition of Title Guarantee
© California Land Title Association. All rights reserved.

The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association.

EXHIBIT A

LEGAL DESCRIPTION

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

Parcel 1: APN 451-021-001
A parcel of land lying within Lot 192 of the San Jacinto Land Association, in the City of Hemet, County of Riverside, State of California, as shown by map on file in Book 8, Page 357, of Maps, in the Office of the County Recorder of the County of San Diego, State of California, particularly described as follows, to wit:

Beginning at the Northwest corner of said Lot 192; thence Southerly along the West boundary line of said Lot 192 a distance of 1.78 feet, to the true point of beginning for this parcel description, said true point of beginning being the Southwest corner of that portion of said Lot 192 conveyed to the County of Riverside by deed recorded July 9, 1950 in Book 1190, Page 345, of Official Records in the Office of the Recorder of the County of Riverside, State of California; thence continuing Southerly along said West boundary line of Lot 192 a distance 0f 80.00 feet; thence Westerly parallel to the South boundary line of the abovementioned parcel conveyed to the County of Riverside, a distance of 140.00 feet; thence Northerly, parallel to said West boundary line of said Lot 192, a distance of 80.00 feet, to a point in the South boundary line of the above mentioned parcel conveyed to the County of Riverside; thence Westerly along said last mentioned South boundary line to the point of beginning.

EXCEPTING therefrom that portion in Palm Avenue, as shown on Record of Survey on file in Book 48, Page 93 of Record of Surveys, Riverside County.

ALSO EXCEPTING therefrom that portion conveyed to the City of Hemet, a municipal corporation, as shown in document recoded March 14, 1968 as Instrument No. 23164 of Official Records.

ALSO EXCEPTING therefrom that portion conveyed to the City of Hemet, a municipal corporation, as shown in document recoded February 17, 1966 as Instrument No. 18122 of Official Records.

Parcel 2: APN 451-021-002
That portion of Lot 192 of the Lands of the San Jacinto Land Association, in the City of Hemet, County of Riverside, State of California, as shown by map on file in Book 8, Page 357, of Maps, San Diego County Records, described as follows:

Beginning at the Northwest corner of said Lot 192; thence Southerly along the Westerly line of said Lot S1.78 feet for the true point of beginning;
Thence continuing Southerly on the Westerly line of said lot, 50 feet; thence Easterly, parallel with the Southerly line of that portion of said Lot 192 conveyed to the County of Riverside by Deed recorded July 9, 1950 in Book 1190, Page 345 of Official Records, Riverside County Records, a distance of 140 feet; thence Northerly parallel with the Westerly line of said Lot 50 feet; thence Westerly, parallel with the Southerly line of said parcel conveyed to the County of Riverside, 140 feet to the true point of beginning.

EXCEPTING therefrom that portion in Palm Avenue, as shown on Record of Survey on file in Book 48, Page 93 of Record of Surveys, Riverside County.

ALSO EXCEPTING therefrom that portion conveyed to the City of Hemet, a municipal corporation, as shown in document recoded March 14, 1968 as Instrument No. 23164 of Official Records.

12.H

Exhibit B

12.H

April 6, 2022

City of Hemet
Chris Lopez, City Manager
445 E. Florida Ave
Hemet, CA 92543

Subject: Letter of Interest for Land Swap: APNs 456-020-009 & 451-021-001, -002

Dear Mr. Lopez:

This letter expresses the interest of Eastern Municipal Water District’s (EMWD) to commence negotiations of a legally binding agreement for a land swap between EMWD and the City of Hemet (City) on the terms and conditions generally set forth herein.

1. Property: The land swap between EMWD and the City shall involve the following parcels (also attached):
a. EMWD parcels: Assessor’s Parcel Numbers 451 -021-001 & 451-021-002 (collectively +0.37 acres), (District Property), generally located at the southeast intersection of Stetson Ave and Palm Ave.
b. City parcel: portion of Assessor’s Parcel Number 456-020-009 (1.24 acres), (Ci ty Property), generally located at the northwestern intersection of Stetson Ave and Cawston Ave.

2. Intended Use : EMWD intends to use the City Property to construct a new lift station. The City intends to use the District Property to expand and develop the existing Fire Station No. 2.

3. Purchase Price: To be determined by the appraised values. If the appraisals reflect a substantial difference in value between both parcels, the party with the lesser value shall agree to pay the

12.H

12.H

12.H

APPRAISAL REPORT

Vacant Land Appraisal

ADDRESS: Northwest corner of W. Stetson Avenue & S.

Cawston Avenue, Hemet, CA 92545
APN: 456-020-009 (Portion)
DATE OF REPORT: October 21, 2022
DATE OF VALUE: September 28, 2022
EPIC PROJECT CODE: Project Code: EA 22031 – EMWD

Prepared For: Prepared By:

Ashley Turner, Admin. Assistant II Epic Land Solutions, Inc.

Eastern Municipal Water District Appraisal Group
2270 Trumble Road 16496 Bernardo Center Dr. Suite 207
Perris, CA 92570 San Diego, CA 92128

12.H

P a g e | ii

16496 Bernardo Center Drive., Suite 207
San Diego, CA 92128
Ph: 619-573-6048

October 21, 2022
Ashely Turner, Administrative Assistant II
Eastern Municipal Water District
2270 Trumble Road
Perris, CA 92570
E-mail: [email protected]

Re: Appraisal of vacant land located at the northwest corner of W. Stetson Avenue & S.

Cawston Avenue, Hemet, CA 92545 (APN 456-020-009)

Dear Ashley,
At your request and authorization, I have prepared an appraisal report to satisfy the agreed upon scope of work and requirements. This appraisal is presented in an Appraisal Report format as defined by USPAP Standards Rule 2-2a. The appraisal format provides a summary description of the appraisal process, subject and market data, and valuation analyses.

The requested valuation pertains to a 1.04-acre unimproved land area that will be subdivided from a larger parcel that contains 4.95 acres. The larger parcel is partially improved with the city of Hemet Fire Stat ion No. 4 located at 1035 S. Cawston Avenue. The subject property will be acquired to facilitate the inst allation of EMWD facilities. The valuation will be based on transactions and market research for properties with similar development and use potential as that concluded to be the highest and best use of the subject property.

Data, information, and calculations leading to the value conclusion are retained in my files. This report is a summary of my findings, and addresse s the most pertinent data gather ed, the techniques employed, and the conclusion of my opinion of value. The analyses, opinions and conclusions were developed, and this report has been prepared, in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Professional Ethics of the Appraisal Institute.

My value conclusion for this assignment, which is based on the valuation analysis in the accompanying report, and subject to the definitions, assumptions, and limiting conditions, indicate that the market value for the subject property as of September 28, 2022, is as follows:
$408,000

12.H

P a g e | iii

Respectfully submitted,

Kent J. Carpenter, MAI
Certified General Real Estate Appraiser
Senior Appraiser
Epic Land Solutions, Inc.

California License AG003087

12.H

P a g e | 1

Table of Contents

Table of Contents ......................................................................................................................................... 1 Introduction .................................................................................................................................................... 2 Executive Summary ................................................................................................................................. 2 Overview of Appraisal .............................................................................................................................. 3 Subject Property and Project Description ................................................................................................. 5 Aerial View of Subject Property ............................................................................................................. 5 Area Description ....................................................................................................................................... 6 Subject Property Photographs ............................................................................................................... 7 Parcel Description .................................................................................................................................. 12 Zoning Map ............................................................................................................................................. 14 Valuation Analysis ...................................................................................................................................... 16 Highest and Best Use ............................................................................................................................ 16 Land Sales Summary ............................................................................................................................ 19 Market Data Summary ........................................................................................................................... 20 Adjustment Analysis ............................................................................................................................... 21 Value Conclusion ................................................................................................................................... 22 Certification ............................................................................................................................................. 23 Land Sales Photographs ....................................................................................................................... 24

12.H

P a g e | 2

Introduction
Executive Summary
Property Reference: EA 22031 – EMWD
Property Address: Northwest corner of W. Stetson Avenue and S. Cawston Avenue, Hemet, CA 92545
APN: 456-020-009 (Portion)
Property Type: Vacant Land
Report Format: Appraisal Report
Parcel Size: 1.04 acres (45,302 square feet)
Zoning: P-I (Public Institutional)
General Plan: PF (Public Facilities)
Report Format: Narrative
Date of Appraisal Report: October 21, 2022
Date of Value: September 28, 2022
Date of Site Inspection: September 28, 2022
Real Estate Interest Appraised: Fee Simple
Function of the Appraisal: For use by Eastern Municipal Water District (EMWD) to assist in a potential purchase of the property for installation of district facilities.

Site Description: The site is rectangular in shape, contains 1.04 acres, and is being subdivided from a larger parcel. The site is level at the grade of the adjoining street and takes access from S. Cawston Avenue. While there is exposure to S. Stetson Avenue, there is no access from this street due to the presence of a drainage chan nel (Salt Creek) that runs
along the north side of W. Stetson Avenue.

Highest and Best Use: Industrial (hypothetical condition) Concluded Value: $408,000
Extraordinary Assumptions &
Hypothetical Conditions:

1. The subject property is not a legal parcel as of the date of value. Per the client and based on
information received on the size and locational
characteristics of the subject property, it i s
assumed that the parcel will be subdivided from the
larger parcel of which it currently is a part and could be sold individually on the date of value.

2. The site is currently zoned P -I, a public/quasi -
public zoning designation that is typically assigned
to sites that have been developed with uses that
benefit the general public. As, these sites almost
never sell because of these restrictions , it is a
hypothetical condition of the appraisal that the site
is approved through zoning for industrial
development.

Appraiser: Kent J. Carpenter, MAI

12.H

P a g e | 3

Overview of Appraisal
Purpose of Appraisal
The purpose of this appraisal is to estimate the market value of the subject property using the definition of market value contained within this report.

Intended User
The client for this appraisal assignment is the Eastern Municipal Water District (EMWD). There are no other intended users. Anyone else using or relying on this appraisal is considered an unintended user and no fiduciary obligation is owed by the appraiser to that party.

Intended Use
The intended use of this appraisal report is as a basis for a potential purchase of the property for installation of district facilities. The appraisal cannot be used for evaluation for collateral for a loan, collateral for bond funding, appealing taxes, settling an estate, partnership dissolution, etc.

Definition of Market Value
The purpose of this report is to render an opinion of Market Value of the fee simple interest in the subject land. Market Value is defined as:

The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from s eller to buyer under conditions whereby:

1. Buyer and seller are typically motivated;

2. Both parties are well informed or well advised, and acting in what they consider their own best interests;

3. A reasonable time is allowed for exposure in the open market

4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and

5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale1

Date of the Appraisal
The effective date of value is September 28, 2022. This date coincides with the inspection date of the property. The date of this appraisal report is October 21, 2022.

Owner of Record & Property History
According to public records, title to the subject property is vested in City of Hemet. There have been no other arm’s-length sales transactions within the last three years.

1 Appraisal Regulations of the National Credit Union Administration (NCUA), per Title 12 CFR, Part 722-Appraisals

12.H

P a g e | 4

Scope of Work
In order to complete this as signment, I made all necessary identifications such as the intended users, intended use, definition of value, property interest, date of value, relevant property characteristics and assignment conditions necessary to develop a credible opinion of value; determined an appropriate scope of work; collected general and specific data on the district, neighborhood, market area, subject property and comparable properties; analyzed the data gathered; applied the appropriate approaches to value; and reconciled all indications of value into a final value estimate. My investigation, value opinion and analyses comply with the Uniform Standards of Professional Appraisal Practice and is unbiased and impartial. No predetermined value or opinion formed the basis of any conclusions st ated in this appraisal. The depth of the investigation and analysis is meant to be in keeping with the purpose and intended use of the appraisal.

12.H

P a g e | 5

Subject Property and Project Description
Aerial View of Subject Property

SUBJECT

12.H

P a g e | 6

Area Description

Local Overview
Hemet is a city in the San Jacinto Valley in Riverside County, California. It covers a total area of 27.8 square miles, about half of the valley, which it shares with the neighboring city of San Jacinto. The population was 89,833 at the 2020 census.

The founding of Hemet, initially called South San Jacinto, predates the formation of Riverside County.

This area was then still part of San Diego County. The formation of Lake Hemet helped the city to grow and stimulated agriculture in the area.

The city is known for being the home of The Ramona Pageant, California's official outdoor play set in the Spanish colonial era. Started in 1923, the play is one of the longest -running outdoor plays in the United States.

The average household income in Hemet is $53,833 with a poverty rate of 17.82%. The median rental costs in recent years comes to $1,157 per month, and the median house value i s $213,000.

The median age in Hemet is 38.9 years, 36.3 years for males, and 41.4 years for females.

SUBJECT

12.H

P a g e | 7

Subject Property Photographs

Looking at subject property from S. Cawston Avenue

Looking south along S. Cawston Avenue with subject at right

12.H

P a g e | 8

Looking north along S. Cawston Avenue with subject at left

Looking northwest across subject from S. Cawston Avenue

12.H

P a g e | 9

Looking west along Salt Creek drainage channel with subject at right

Looking west along southern property line of subject property

12.H

P a g e | 10

Location north across subject property

Looking northeast across subject property

12.H

P a g e | 11

Looking southeast across subject property

Looking east along subject’s northern property line (fire station at left)

12.H

P a g e | 12

Parcel Description

Location: Northwest corner of W . Stetson Avenue and S. Cawston Avenue , Hemet, CA 92545

Assessor Parcel No:

456-020-009 (Portion)

Legal Description:

No legal description was available for th e subject property. For purposes of this report, the subject will be le gally defined as a portion of APN 456-020-009 per the exhibit contained within this report.

Parcel Size: 1.04 acres (45,302 square feet)

Shape:

Rectangular

Topography:

Relatively level at street grade except for gentle slope on north side of drainage channel along southern property line.

Access: The property is accessed by a paved, public road (S. Cawston Avenue) that runs along the east side of the property and on which the subject property fronts.

Utilities: All available and currently serving development on nearby properties.

Easement/Encroachme
nts:

No preliminary title report was submitted for the subject property. It is assumed that there are no neg ative easements, encroachments or restrictions that impact the value o f the subject property at its concluded highest and best use.

Street Improvements: S. Cawston Avenue is a 2 -lane paved, public street with concrete curbs, gutters, and sidewalks at the subject property.

Zoning: P-I (Public Institutional) The purpose of the public institutional zone is to: (1) reserve appropriately located areas for publicly -owned, special district, nonprofit and special purpose land uses (2) encourage public and quasi -public land uses that provide services, education, culture, and protection to city residents, businesses, and visitors, and ( 3) implement the public facilities, office professional, and school land use designations of the general plan.

The current zoning is a public/quasi-public zoning designation that is typically assigned to sites that have been developed with uses that benefit the general public. As a city-specific zone that allows for uses that benefit the public such as schools, churches, post offices, police, and fire facilities , t hese sites almost never sell because of these restrictions. More specifically, the allowable uses do not provide

12.H

P a g e | 13

enough demand and profit potential to entice development interest in the private sector. However, since market value assumes a sale, the subject property has been appraised at its highest and best use, consistent with the surrounding zoning of M-2 which is the prevailing zoning on adjacent parcels . It is a hypothetical condition of the appraisal that the site is approved through zoning for industrial development.

General Plan:

Flood Zone:

The M-2 zone is a heavy manufacturing zone designed to provide sites for general manufacturing and industrial uses that will not adversely affect the residential character of the city. The M -2 zone provides for a range of manufacturing and processing uses, research and development, large single -tenant distribution and sales, and warehousing. The M -2 zone is consistent with the industrial designation of the general plan . Primary permitted uses include general retail services such as banks and personal services, retail sale of products manufactured on site, showroom design centers, ambulance services, biotechnology companies, business support services, medical & dental labs, professional offices, research & development facilities, boat & m arine equipment sales and repair , vehicle maintenance/repair services a wide variety of industrial uses, and various government uses such as post offices, public saf ety facilities and public works facilities.

PF (Public Facilities)

According to FEMA Flood Zone Panel 06 0245-06065C2085G dated August 28, 2008, the subject is in Zone X 500 (100 and 500 -year floodplains).

12.H

P a g e | 14

Zoning Map

General Plan Map

SUBJECT

SUBJECT

12.H

P a g e | 15

Plat Map
Following is a plat map showing the size and shape of the larger parcel of which the subject property is a part of.

SUBJECT

12.H

P a g e | 16

Valuation Analysis
Highest and Best Use
Highest and Best Use is defined as:

The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity.

Alternatively, the probable use of land or improved property—specific with respect to the user and timing of the use —that is adequately supported and results in the highest present value.2

The highest and best use of any property depends upon the physical and legal restrictions imposed by the size, shape, location and zoning of the site, and the size, siting, quality, and condition of the improvements. As there are no building improvements on the subject property, the site has been evaluated for its highest and best use as if vacant only. The use must be (1) physically possible, (2) legally permissible, (3) financially feasible, and (4) maximally productive.

As Vacant
Physically Possible - The subject property is of sufficient size to be a developable site. Additionally, it has sufficient access, topography, and utilities to serve the legally permissible uses. While the property has some exposure and visibility to W. Stetson Avenue, the presence of a n improved drainage channel does not allow access to the site from this road. Additionally, the property being carved out from a larger parcel prevents other possibilities for multiple access points. However, from a physical standpoint, a variety of legally permissible uses could be developed.

Legally Permissible - The subject is zoned P-I (Public Institutional) a public/quasi-public zoning designation that is typically assigned to sites that have been developed with uses that benefit the general public. As a city-specific zone that allows for uses that benefit the public such as schools, churches, post offices, police, and fire facilities , these sites almost never sell because of these restrictions. More specifically, the allowable uses do not provide enough dem and and profi t potential to entice development interest in the private sector. However, s ince market value assumes a sale, the subject property has been appraised at its highest and best use, consistent with the surrounding zoning of M-2 which is the zoning for adjacent parcels as well as the western portion of the larger parcel. It is a hypothetical condition of the appraisal that the site is approved through zoning for industrial development.

The M-2 zone is a heavy manufacturing zone designed to provide sites for general manufacturing and industrial uses that will not adversely affect the residential character of the city. The M-2 zone provides for a range of manufacturing and processing use s, research and development, large single-tenant distribution and sales, and warehousing. The M -2 zone is consistent with the industrial designation of the general plan . Primary permitted uses include general retail services such as banks and personal services, retail sale of products manufactured on site, showroom design centers, ambulance services, biotechnology companies, business support services,

2 The Dictionary of Real Estate Appraisal: Fifth Edition, Chicago: Appraisal Institute, 2010, p. 93.

12.H

P a g e | 17

medical & dental labs, professional offices, research & development facilities, boat & m arine equipment sales and repair, vehicle maintenance/repair services a wide variety of industrial uses, and various government uses such as post offices, public saf ety facilities and public works facilities.

Financially Feasible – The surrounding land uses , and legally permissible uses of the property exert a great amount of influence on the financially feasible uses of a property. The immediate land uses near the subject property are varied in type and consist of primarily older industrial buildings. Under an M-2 zoning designation (see zoning discussion), these uses suggest some form of industrial or office development would be the most probable use and financially feasible use of the property. Additionally, the physical characteristics of the site most likely relegates it to a more destination type, single tenant/owner-user industrial use.

Maximally Productive – Based on the physically possible, legally permissible (see zoning assumption and discussion in this report), and financially feasible considerations for the property, the maximally productive use of the site is concluded to be for some form of industrial development, consistent in quality to that which exists in the immediate area.

12.H

P a g e | 18

Sales Comparison Approach
The sales comparison approach is a primary valuation methodology in valuing both unimproved land as well as improved properties. As the subject is a n unimproved, vacant parcel, a sales comparison approach for land with similar development potential will be undertaken. The sales comparison approach relies on sales, listings, or e scrows of properties with similar use and development potential to that of the subject property. Differences in development potential between the sales and the subject property will be addressed in an adjustment analysis. The adjustment considerations include both transactional and physical characteristics.

Based on the concluded highest and best use for the subject property, the land valuation of the subject property will focus primarily on parcels with industrial development potential. A summary of comparable properties in the subject’s market area is shown in the following chart followed by a location map for each of the properties.

12.H

P a g e | 19

Land Sales Summary

12.H

P a g e | 20

Market Data Summary
To reflect the development/use potential of the subject property, the land sales gathered and summarized on the previous page represent properties that have primarily industrial use potential.

All of the sales are located in either the subject’s immediate market area or areas that would be considered suitable alternatives to the subject property.

Data A – Sale of a parcel located on the west side of State Street in the city of Hemet. The immediate are a of this property is characterized by a mix of land uses including apartments, commercial, retail, industrial and vacant land. The intent of the CM zone assigned to this property is to reserve appropriately located areas for desirable mixes of retail or wholesale outlets and other commercial uses, warehousing and distributing uses, and light manufacturing uses, all of which will be compatible with one another .

Data B – Sale of a light industrial zoned parcel located in the nearby city of Perris. The property is larger in size than the subject and is located in a burgeoning industrial area of the city where a few large warehouse/distribution buildings have been developed. This sale was part of an assemblage.

Data C – this is the escrow of a lot located just to the east of the subject property at the northwest corner of Tanya Avenue and Sanderson Avenue in the city of Hemet. The property is at the corner of a signalized intersection and is in an industrial park setting. However, it s good exposure and access as well as its smaller size would lend itself to a more retail focused application.

Data D - – This is the sale of a parcel located in an industrial park setting within the city of Perris.

There have been several newer industrial buildings constructed in the immediate vicinity of th is property. The LI zoning of this property allows for many of the same uses as the highest and best use conclusion for the subject property.

Data E – This is the sale of a level property located in a rural industrial setting just east of the 215 freeway and north of W. Placentia Avenue in the city of Perris. The streets in t his area are unimproved and the circuitous access to the property render this property destination oriented in its ultimate use. This is consistent to how the property was marketed as a contractor ’s storage yard.

12.H

P a g e | 21

Market Data Map

Adjustment Analysis

Below is an adjustment grid for the comparable sales addressing the similarities and dissimilarities of the properties in comparison to the subject.

12.H

P a g e | 22

Value Conclusion
The sales data ranged in size between 32,670 square feet and 198,634 square feet and sold between May 2021 and February 2022. These transactions provide a reasonable data set from which to draw comparisons to the subject property. It is concluded that a land value of $9.00 per square foot is supported for the subject property, resulting in a total value for the subject property of $407,718 rounded to $408,000 (45,302 square feet x $9.00).

12.H

P a g e | 23

Certification
The undersigned appraiser certifies that, to the best of his knowledge and belief:
• The statements of fact contained in this report are true and correct. • The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are his personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• I have no present, prospective, direct, or indirect interest in the property that is the subject of this report, nor personal interest or bias with respect to the parties involved. • I have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment.
• My engagement in this assignment was not contingent upon developing or reporting predetermined results.
• My compensation for complet ing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subseq uent event directly related to the intended use of this appraisal.
• The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Pr ofessional Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice.
• Kent J. Carpenter, MAI has made a personal inspection of the property that is the subject of this report.
• No one provided significant real property appraisal assistance to the appraiser signing this certification.
• The appraiser signing this appraisal report has not provided an appraisal of the subject property in the three years immediately preceding acceptance of this assignment.

There have been no other services, as an appraiser, or in any other capacity, in the previous three years.
• As of the date of this report, Kent J. Carpenter, MAI, ha s completed the continuing education program of the Appraisal Institute.
• The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

Very Truly Yours,
Epic Land Solutions, Inc.

Kent J. Carpenter, MAI
Certified General Real Estate Appraiser
Senior Appraiser
Epic Land Solutions, Inc.

California License AG003087

12.H

P a g e | 24

Land Sales Photographs
Data A Photo

12.H

P a g e | 25

Data B Photo

12.H

P a g e | 26

Data C Photo

12.H

P a g e | 27

Data D Photo

12.H

P a g e | 28

Data E Photo

12.H

P a g e | 29

QUALIFICATIONS OF THE APPRAISER

12.H

P a g e | 30

12.H

APPRAISAL REPORT

Vacant Land Appraisal

ADDRESS: Southeast corner of W. Stetson Avenue & S.

Palm Avenue, Hemet, CA 92545
APN: 451-021-001, 002
DATE OF REPORT: November 1, 2022
DATE OF VALUE: September 28, 2022
EPIC PROJECT CODE: Project Code: EA 22031 – EMWD

Prepared For: Prepared By:

Ashley Turner, Admin. Assistant II Epic Land Solutions, Inc.

Eastern Municipal Water District Appraisal Group
2270 Trumble Road 16496 Bernardo Center Dr. Suite 207
Perris, CA 92570 San Diego, CA 92128

12.H

P a g e | ii

16496 Bernardo Center Drive., Suite 207
San Diego, CA 92128
Ph: 619-573-6048

November 1, 2022
Ashely Turner, Administrative Assistant II
Eastern Municipal Water District
2270 Trumble Road
Perris, CA 92570
E-mail: [email protected]

Re: Appraisal of vacant land located at the southeast corner of W. Stetson Avenue & S. Palm Avenue, Hemet, CA 92545 (APN 451-021-001, 002)

Dear Ashley,
At your request and authorization, I have prepared an appraisal report to satisfy the agreed upon scope of work and requirements. This appraisal is presented in an Appraisal Report format as defined by USPAP Standards Rule 2-2a. The appraisal format provides a summary description of the appraisal process, subject and market data, and valuation analyses.

The requested valuation pertains to two adjoining vacant parcels that total 16,117 square feet.

The valuation will be based on transactions and market research for properties with similar development and use potential as that concluded to be the highest and best use of the subject property.

Data, information, and calculations leading to the value conclusion are retained in my files. This report is a summary of my findings, and addresse s the most pertinent data gathered, the techniques employed, and the conclusion of my opinion of value. The analyses, opinions and conclusions were developed, and this report has been prepared, in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Professional Ethics of the Appraisal Institute.

My value conclusion for this assignment, which is based on the valuation analysis in the accompanying report, and subject to the definitions, assumptions, and limiting conditions, indicate that the market value for the subject property as of September 28, 2022, is as follows:
$129,000

12.H

P a g e | iii

Respectfully submitted,

Kent J. Carpenter, MAI
Certified General Real Estate Appraiser
Senior Appraiser
Epic Land Solutions, Inc.

California License AG003087

12.H

P a g e | 1

Table of Contents

Table of Contents ......................................................................................................................................... 1 Introduction .................................................................................................................................................... 2 Executive Summary ................................................................................................................................. 2 Overview of Appraisal .............................................................................................................................. 3 Subject Property and Project Description ................................................................................................. 5 Aerial View of Subject Property ............................................................................................................. 5 Area Description ....................................................................................................................................... 6 Subject Property Photographs ............................................................................................................... 7 Parcel Description .................................................................................................................................. 12 Zoning Map ............................................................................................................................................. 13 Valuation Analysis ...................................................................................................................................... 15 Highest and Best Use ............................................................................................................................ 15 Land Sales Summary ............................................................................................................................ 18 Market Data Summary ........................................................................................................................... 19 Adjustment Analysis ............................................................................................................................... 20 Value Conclusion ................................................................................................................................... 20 Certification ............................................................................................................................................. 21 Land Sales Photographs ....................................................................................................................... 22

12.H

P a g e | 2

Introduction
Executive Summary
Property Reference: EA 22031 – EMWD
Property Address: Southeast corner of W. Stetson Avenue and S. Palm Avenue, Hemet, CA 92545
APN: 451-021-001, 002
Property Type: Vacant Land
Report Format: Appraisal Report
Parcel Size: 16,117 square feet
Zoning: P-I (Public Institutional)
General Plan: PF (Public Facilities)
Report Format: Narrative
Date of Appraisal Report: November 1, 2022
Date of Value: September 28, 2022
Date of Site Inspection: September 28, 2022
Real Estate Interest Appraised: Fee Simple
Function of the Appraisal: For use by Eastern Municipal Water District (EMWD) to assist in internal decision making.

Site Description: The site is rectangular in shape, contains 16,117 square feet and is comprised of two adjoining parcels. The site is level at the grade of the adjoining street and takes access from both W. Stetson Avenue and So. Palm Avenue.

Highest and Best Use: Office/Retail (hypothetical condition) Concluded Value: $129,000
Extraordinary Assumptions &
Hypothetical Conditions:

1. The site is currently zoned P -I, a public/quasi -
public zoning designation that is typically assigned
to sites that have been developed with uses that
benefit the general public. As, these sites almost
never sell because of these restrictions , it is a
hypothetical condition of the appraisal that the site
is approved through zoning for office/retail use
which is concluded to be the highest and best use
of the property.

2. Inspection of the property reveal ed some public
use site improvements in the southeast portion of
the property. It is assumed that these
encroachments would be removed upon the sale of
the property for private use & development.

Appraiser: Kent J. Carpenter, MAI

12.H

P a g e | 3

Overview of Appraisal
Purpose of Appraisal
The purpose of this appraisal is to estimate the market value of the subject property using the definition of market value contained within this report.

Intended User
The client for this appraisal assignment is the Eastern Municipal Water District (EMWD). There are no other intended users. Anyone else using or relying on this appraisal is considered an unintended user and no fiduciary obligation is owed by the appraiser to that party.

Intended Use
The intended use of this appraisal report is as a basis for internal decision-making purposes. The appraisal cannot be used for evaluation for c ollateral for a loan, collateral for bond funding, appealing taxes, settling an estate, partnership dissolution, etc.

Definition of Market Value
The purpose of this report is to render an opinion of Market Value of the fee simple interest in the subject land. Market Value is defined as:

The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

1. Buyer and seller are typically motivated;

2. Both parties are we ll informed or well advised, and acting in what they consider their own best interests;

3. A reasonable time is allowed for exposure in the open market

4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and

5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale 1

Date of the Appraisal
The effective date of value is September 28, 2022. This date coincides with the inspection date of the property. The date of this appraisal report is November 1, 2022.

Owner of Record & Property History
According to public records, title to the subject property is vested in Eastern Municipal Water District. There have been no other arm’s-length sales transactions within the last three years.

1 Appraisal Regulations of the National Credit Union Administration (NCUA), per Title 12 CFR, Part 722-Appraisals

12.H

P a g e | 4

Scope of Work
In order to complete this assignment, I made all necessary identifications such as the intended users, intended use, definition of value, property interest, date of value, relevant property characteristics and assignment conditions necessary to develop a credible opinion of value; determined an appropriate scope of work; collected general and specific data on the district, neighborhood, market area, subject property and comparable properties; analyzed the data gathered; applied the appropriate approaches to value; and reconciled all indications of value into a final value estimate. My investigation, value opinion and analyses comply with the Uniform Standards of Professional Appraisal Practice and is unbiased and impartial. No predetermined value or opinion formed the basis of any conclusions st ated in this appraisal. The depth of the investigation and analysis is meant to be in keeping with the purpose and intended use of the appraisal.

12.H

P a g e | 5

Subject Property and Project Description
Aerial View of Subject Property

12.H

P a g e | 6

Area Description

Local Overview
Hemet is a city in the San Jacinto Valley in Riverside County, California. It covers a total area of 27.8 square miles, about half of the valley, which it shares with the neighboring city of San Jacinto. The population was 89,833 at the 2020 census.

The founding of Hemet, initially called South San Jacinto, predates the formation of Riverside County.

This area was then still part of San Diego County. The formation of Lake Hemet helped the city to grow and stimulated agriculture in the area.

The city is known for being the home of The Ramona Pageant, California's official outdoor play set in the Spanish colonial era. Started in 1923, the play is one of the longest -running outdoor plays in the United States.

The average household income in Hemet is $53,833 with a poverty rate of 17.82%. The median rental costs in recent years comes to $1,157 per month, and the median house value is $213,000.

The median age in Hemet is 38.9 years, 36.3 years for males, and 41.4 years for females.

SUBJECT

12.H

P a g e | 7

Subject Property Photographs

Looking at subject property from S. Palm Avenue

Looking at subject from W. Stetson Avenue

12.H

P a g e | 8

Looking southeast across subject from Stetson/Palm intersection

Looking northwest across subject from property’s southeast corner

12.H

P a g e | 9

Looking north along S. Palm Avenue with subject at right

Looking west along W. Stetson Avenue with subject at left

12.H

P a g e | 10

Location north across eastern portion (grass) of subject property

Looking west along southern portion of subject property

12.H

P a g e | 11

Looking south from W. Stetson at eastern portion of subject property

Looking northeast at public use encroachment in southeast portion of property

12.H

P a g e | 12

Parcel Description

Location: Southeast corner of W. Stetson Avenue and S. Palm Avenue, Hemet, CA 92545

Assessor Parcel No:

451-021-001, 002

Legal Description:

No legal description was available for the subject property. For purposes of this report, the subject will be legally defined as a portion of APN 451-021-001, 002.

Parcel Size: 16,117 square feet

Shape:

Rectangular

Topography:

Relatively level at grade of adjoining streets

Access: The property could be accessed from both W. Stetson Avenue and S. Palm Avenue on which it fronts.

Utilities: All available and currently serving development on nearby properties.

Easement/Encroachm
ents:

No preliminary title report was submitted for the subject property.

Other than those encr oachments disclosed, it is assumed that there are no negative easements, encroachments or restrictions that impact the value of the subject property at its concluded highest and best use.

Street Improvements: S. Palm Avenue is a 2-lane paved, public street with concrete curbs, gutters, and sidewalks at the subject property. W. Stetson Avenue is a 4-lane paved, public street with concrete curbs, gutters and sidewalks.

Zoning (HBU): The O-P zone is a n office professional zone intended to provide appropriately located areas for professional/administrative offices and personal services and other ancillary uses for businesses . Primary and notable uses allowed within this zone include retail plant nurseries and greenhouses, professional and technical schools, art, music and dance studios, banks, general retail uses, pharmac ies, restaurants, showroom design centers, adult day care facilities, animal support services, business support services, health & fitness centers, laundry & dry cleaning, medical & dental uses, general office uses, assembly of small cabinets, furniture and equipment, research & development, parking facilities, and government uses such as libraries and public safety facilities.

12.H

P a g e | 13

General Plan:

Flood Zone:

PF (Public Facilities)

According to FEMA Flood Zone Panel 06 0245-06065C2085G dated August 28, 2008, the subjec t is in Zone X 500 (100 and 500 -year floodplains).

Zoning Map

General Plan Map

SUBJECT

SUBJECT

12.H

P a g e | 14

Plat Map
Following is a plat map showing the size and shape of the subject property.

12.H

P a g e | 15

Valuation Analysis
Highest and Best Use
Highest and Best Use is defined as:

The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity.

Alternatively, the probable use of land or improved property—specific with respect to the user and timing of the use —that is adequately supported and results in the highest present value.2

The highest and best use of any property depends upon the physical and legal restrictions imposed by the size, shape, location and zoning of the site, and the size, siting, quality, and condition of the improvements. As there are no building improvements on the subject property, the site has been evaluated for its highest and best use as if vacant only. The use must be (1) physically possible, (2) legally permissible, (3) financially feasible, and (4) maximally productive.

As Vacant
Physically Possible - The subject property is of sufficient size to be a developable site. Additionally, it has sufficient access, topography, and utilities to serve the legally permissible uses. The property has exposure and visibility to both W. Stetson Avenue and S. Palm Avenue. From a physical standpoint, a variety of legally permissible uses could be developed.

Legally Permissible - The subject is zoned P-I (Public Institutional) a public/quasi-public zoning designation that is typically assigned to sites that have been developed with uses that benefit the general public. As a city-specific zone that allows for uses that benefit the public such as schools, churches, post offices, police, and fire facilities, these sites almost never sell because of these restrictions. More specifically, the allowable uses do not provide enough demand and profit potential to entice development interest in the private sector. However, s ince market v alue assumes a sale, the subject property will be appraised at its concluded highest & best use. While the adjoining parcels along the south side of W. Stetson Avenue are zoned R-3 (multi-family), the small size of the subject property renders it non-conforming to zoning regulations (minimum 1 acre parcel size) and impractical for multi-family development. Rather, its corner location and the zoning designation of other parcels in the immediate area (O -P zoning at the northeast corner of W.

Stetson and S. Palm Avenue) would allow the subject to both conform to the size requirements of this zoning designation (no minimum lot size) as well as capitalize on the good exposure and access of this corner location. As such, it is concluded that the most probable use of the subject would be for some form of office or retail development, allowed within the O -P zone. It is a hypothetical condition of the appraisal that the site is approved through zoning for uses allowed within this zone.

The O-P zone is an office professional zone intended to provide appropriately located areas for professional/administrative offices and personal services and other ancillary uses for businesses .

2 The Dictionary of Real Estate Appraisal: Fifth Edition, Chicago: Appraisal Institute, 2010, p. 93.

12.H

P a g e | 16

Primary and notable uses allowed within this zone include retail plant nurseries and greenhouses, professional and technical school s, art, mus ic and dance studios, banks, general retail uses, pharmacies, rest aurants, showroom design centers, adult day care facilities, animal support services, business support s ervices, health & fitness centers, laundry & dry cleaning, medical & dental uses, general office uses, assembly of small cabinets, furniture and equipment, research & development, parking facilities, and government uses such as libraries and public safety facilities.

Financially Feasible – The surrounding land uses , and legally permissible uses of the property exert a great amount of influence on the financially feasible uses of a property. As discussed above in the legally permissible section , consideration of physical characteristics, and based on the assumptions contained within this report, some form of office /retail use would be the most probable use of the property . Under an O-P zoning designation (see zoning discussion) , these uses suggest some form of office or retail development would be the most probable use and financially feasible use of the property. Additionally, the physical characteristics of the site most likely relegates it to a more destination type office or retail use.

Maximally Productive – Based on the physically possible, legally permissible (see zoning assumption and discussion in this report), and financially feasible considerations for the property, the maximally productive use of the site is concluded to be for some form of office or retail development, consistent in quality to that which exists in the immediate area.

12.H

P a g e | 17

Sales Comparison Approach
The sales comparison approach is a primary valuation methodology in valuing both unimproved land as well as improved properties. As the subject is a n unimproved, vacant parcel, a sales comparison approach for land with similar development potential will be undertaken. The sales comparison approach relies on sales, listings, or escrows of properties with similar use and development potential to that o f the subject property. Differences in development potential between the sales and the subject property will be addressed in an adjustment analysis. The adjustment considerations include both transactional and physical characteristics.

Based on the co ncluded highest and best use for the subject property, the land valuation of the subject property will focus primarily on parcels with office or retail development potential. A summary of comparable properties in the subject’s market area is shown in the following chart followed by a location map for each of the properties.

12.H

P a g e | 18

Land Sales Summary

12.H

P a g e | 19

Market Data Summary
To reflect the development/use potential of the subject property, the land sales gathered and summarized on the previous page represent properties that have primarily office or retail use potential. All of the sales are located in either the subject’s immediate market area or areas that would be considered suitable alternatives to the subject property.

All of the sales are smaller parcels (under 1 acre) and are located either in the city of Hemet or in nearby cities that are considered part o f the subjec t’s market area. Due primarily to their size, these parcels, like the subject, would be limited to small retail or office development potential on an owner -use or single tenant basis. Like the subject property, all of the comparables have reasonable access and site utility.

Market Data Map

12.H

P a g e | 20

Adjustment Analysis

Below is an adjustment grid for the comparable sales addressing the similarities and dissimilarities of the properties in comparison to the subject.

Value Conclusion
The sales data ranged in size between 17,424 square feet and 39,204 square feet and sold between December 2021 and August 2022. These transactions provide a reasonable data set from which to draw comparisons to the subject property. It is concluded that a land value of $8.00 per square foot is supported for the subject property, resulting in a total value for the subject property of $128,936 rounded to $129,000 (16,117 square feet x $8.00).

12.H

P a g e | 21

Certification
The undersigned appraiser certifies that, to the best of his knowledge and belief:
• The statements of fact contained in this report are true and correct. • The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are his personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• I have no present, prospective, direct, or indirect interest in the property that is the subject of this report, nor personal interest or bias with respect to the parties involved. • I have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment.
• My engagement in this assignment was not contingent upon developing or reporting predetermined results.
• My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal.
• The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice.
• Kent J. Carpenter, MAI has made a personal inspection of the property that is the subject of this report.
• No one provided significant real property appraisal assistance to the appraiser signing this certification.
• The appraiser signing this appraisal report has not provided an appraisal of the subject property in the three years immediately preceding acceptance of this assignment.

There have been no other services, as an appraiser, or in any other capacity, in the previous three years.
• As of the date of this report, Kent J. Carpenter, MAI, ha s completed the continuing education program of the Appraisal Institute.
• The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

Very Truly Yours,
Epic Land Solutions, Inc.

Kent J. Carpenter, MAI
Certified General Real Estate Appraiser
Senior Appraiser
Epic Land Solutions, Inc.

California License AG003087

12.H

P a g e | 22

Land Sales Photographs
Data A Photo

12.H

P a g e | 23

Data B Photo

12.H

P a g e | 24

Data C Photo

12.H

P a g e | 25

Data D Photo

12.H

P a g e | 26

QUALIFICATIONS OF THE APPRAISER

12.H

P a g e | 27

12.H

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Mar 14 2023
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Laura Axcell, Fire Captain;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, A ccepting the Q1 2023 Grant from Fire House Subs Public Safety Grant for (4) Thermal Imaging Cameras in the Amount of $32,666.06 and Authorizing the Finance Director to Appropriate Funds for the Purchase of Four (4) Thermal Imaging Cameras

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the Q1 2023 Grant from Fire House Subs Public Safety Grant for (4) Thermal Imaging Cameras in the Amount of $32,666.06 and Authorizing the Finance Director to Appropriate Funds for the Purchase of Four (4) Thermal Imaging Cameras.

BACKGROUND:

The Mission of the Fire House Subs Public Safety Grant is to impact the lifesaving capabilities, and the lives of local heroes and their communities by providing lifesaving equipment and prevention education tools to first responders, non-profits, and public safety organizations. The City of Hemet ("City") applied to the Firehouse Subs Public Safety Grant Program (Q1 2023) for the purchase of (4) Thermal Imaging Cameras in the amount of $32,666.06. Our Thermal Imaging Cameras are in need of replacement.

Three units are older and have internal issues with maintaining a charge. The charging bases for these units are either inco mpatible (chargers for Thermal Imaging Cameras that are out of service and engines do not have chargers) or broken. One of our Thermal Imaging Camera units is completely out of service. Two of our Thermal Imaging Camera units are in good quality and have c harging ports mounted on the Engines. The department does not have any backup units.

ANALYSIS:

Thermal Imaging Cameras allow the Fire Department to quickly perform search and rescue, locate fires and assist with hazardous materials incidents. A quick a nd thorough search has a direct effect on survivability. The Thermal Imaging Camera is useful for a multitude of responses from finding ejected

12.I

traffic collision victims in the dark to fire victims in heavy smoke conditions. The new Thermal Imaging Cameras are lighter weight, more durable, and have greater capacity due to advancements in technology. Our community would greatly benefit from operational ready Thermal Imaging Cameras during their emergency needs. Accepting this grant will greatly improve our s earch and rescue capabilities. The current FY22 budget does not have any funds to repair and/or replace the antiquated units currently carried on our fire apparatus.

DISCUSSION:

The Fire Department applied for the Fire House Subs Public Safety Grant to increase Firefighter safety and allow for a quicker victim search in low visibility conditions. The notification was received in February that the City was awarded the grant. This grant does not require matching funds and will have a direct positive impact on future cost savings for equipment replacement.

PREVIOUS COUNCIL ACTION:

None.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

FISCAL IMPACT:

There is no impact on the General Fund as funds spent out of the Public Safety Grant Fund #232 are reimbursed through this grant; however, the Finance Director will need to establish appropriations in Public Safety Grant Fund #232- to reflect the grant award.

ALTERNATIVE(S):

None

ATTACHMENT(S):

Attachment 1: Fire house Subs MOU
Attachment 2: TIC Pic
Attachment 3: Grant Correspondence - Email Notification Attachment 4: Quote- City of Hemet Fire Department
Attachment 5: Resolution Fire House Grant

12.I

grocuremenlfoundalion@?rehousesubmzom
grccurementfoundati0n@?rehous
bsPlic Faun
T
Sfv Z/13CityHamel
?zz’Q:2!I52.22;: ‘(LL [@123City Dale
FirehouseSubsPublicSafetyFoundation,Inc.12735GranBayPkwy.,Suite150,Jacksonville,Florida32258MEMOOFUNDERSTANDING-FUNDINGAGREEMENTFebruary14,2023FailuretoadheretotherequirementsofthisFundingAgreementwilljeopardizeyourgrantaward.Allpurchasesmustmatchthequantitiesandequipmentapprovedintheoriginalgrantrequestandapprovedquote.FirehouseSubsPublicSafetyFoundationResponsibilities0FirehouseSubsPublicSafetyFoundationwillawardfundingtoCityofHemet,onbehalfofCityofHemetFireDepartment,Hemet,CAfor$32,666.06tobeusedtowardthedirectpurchaseofFourBullardThermalImagingCameraswithTruckMounts.CityofHemet,onbehalfofCityofHemetFireDepartmentResponsibilities1.AnACHtransferwillberemittedtotheorganizationnameasstatedinthismemoofunderstandingandmustmatchtheEINnumbersubmittedonthegrantrequestandbankaccountinformationlistedontheACHAuthorization.Ifthereisachangeineitherinformation,youmustsubmitaW-9.2.PurchasetheequipmentonApprovedQuote#251956fromCurtis.a.NOTE:DONOTPREPAYfortheequipmentorderatthetimeofpurchase3.ConfirmReceiptofACHTransferbyemailing4.VerifyPurchaseandDeliverybyprovidingFirehouseSubsPublicSafetyFoundationwiththefollowing:a.Allsignedanddatedpackingslipsb.Copiesofpaidinvoices,verifyingyourorganization’snameasthecustomerandmatchingthevendorquotc(s)c.Acopyoftheclearedcheck(s),verifyingthepayeeandpaymentamountmatchesthevendorqu0te(s)5.Intheeventthatthepurchasedequipmentcostslessthanthedollaramountawarded,allexcessfundsmustbereturnedtoFirehouseSubsPublicSafetyFoundation.a.Email esubs.comwithnoti?cationofexcessfundswithin30daysofpurchaseb.ReturnExcessFundswithin30daysofreceiptofexcessfundsinvoicetoFirehouseSubsPublicSafetyFoundation,Attention:GinaBrown,12735GranBayParkway,Suite150,Jacksonville,FL322586.Ifpurchasesexceedfunding,CityofHemet,onbehalfofCityofHemetFireDepartmentisresponsiblefortheadditionalamount.VERYINIPORTANT:DeadlineforsubmitteddocumentationisJune30,2023.

FirehouseSafety Date)1-1CityofHemet,onbehalfofof FireDepartmentRepresentative(Signature)DateS ZofHemet,onbehalfofCityofHemetFireDepartmentRepresentativeName(Print)

12.I

12.I

1 Laura Axcell
From: Firehouse Subs Public Safety Foundation <[email protected]> Sent: Monday, January 9, 2023 1:53 PM
To: Laura Axcell; Eddie Sell
Cc: PR; Jeff Press; Michael Moss; Firehouse Subs Public Safety Foundation; Ty Lowry Subject: APPROVED: Q1 2023 Firehouse Subs Public Safety Foundation Grant Attachments: Donated by-logo for grants.jpg; Foundation Logo jpg-RGB.jpg; Foundation Logo- VectorCMYK.ai; Foundation Logo-VectorCMYK.eps
Warning: This email originated from outside the City of Hemet. Think before you click! Dear Capt. Axcell & Eddie,
We are pleased to announce that the Firehouse Subs Public Safety Foundation Board of Directors has awarded the City of Hemet, on behalf of City of Hemet Fire Department in Hemet, CA the requested Four Bullard Thermal Imaging Cameras with Truck Mounts valued at up to $34,602.24 . If your grant award must be approved by your city council, please add this item to the agenda immediately, and contact us with the meeting date.

PROCUREMENT:

We will contact you no later than Friday, March 10, 2023 to initiate the procurement process.

There are two possible methods for procurement, to be determined by our Foundation:
• Direct Purchase made by the Foundation
OR
• Memo of Understanding. NOTE: Our Foundation provides funding via ACH transfer only.

We are unable to fund your grant award by paper check.

Do not make advanced purchases, as failure to adhere to our chosen method will jeopardize your grant award. If you have any fulfillment questions, please email [email protected] .

PUBLIC RELATIONS (PR) NOTES
• We’re sure you’re excited to share the good news, and the Firehouse Subs team is happy to help! Since your grant award was made possible from purchases made at Firehouse Subs restaurants, the Firehouse Subs PR team is planning to share the news with local media outlets. They will reach out to you over the next 30 days while we wait for more details in regards to your grant award's procurement method and status. Please keep an eye out for an email from [email protected], or contact them with any immediate questions. Please do not pitch before Firehouse Subs approves the final PR plan. • Social media announcements from your organization regarding the grant award are optional. If you choose to share the good news, please use the attached social media post template and send it back to [email protected] for review and approval (allowing for 72 hours turnaround time). Please do not pitch or post before receiving approval from the Foundation team.

Use of the Firehouse Subs Public Safety Foundation logo:

12.I

2 • We ask that your organization acknowledges the grant by displaying our Foundation logo on granted items/equipment whenever possible. Our Foundation logo is attached for your convenience. Please note that the final artwork will need to be approved by our Foundation via [email protected] before being displayed.

Proceeds from purchases made at US Firehouse Subs restaurants provided the funding for this grant award.

We are very excited to assist your organization and ultimately improve the lifesaving capabilities of your community.

Firehouse Subs Public Safety Foundation
[email protected]
FirehouseSubsFoundation.org
Twitter Facebook

CONFIDENTIALITY NOTICE: The information and attachments contained in this electronic communication are confidential and intended only for the use of the intended recipients. If you are not an intended recipient, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately of the error by return e-mail and please permanently remove any copies of this message fr om your system and do not retain any copies, whether in electronic or physical form or otherwise.

12.I

Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
Quotation No. 251956

Quotation
CUSTOMER: SHIP TO:

Hemet City Fire Department
445 East Florida Avenue
Hemet CA 92543
Hemet City Fire Department
510 E Florida Ave
Hemet CA 92543-4334
QUOTATION NO. ISSUED DATE EXPIRATION DATE
251956 02/14/2023 03/16/2023

SALESPERSON CUSTOMER SERVICE REP
Ed Shabro
[email protected]
760-250-1180
Tyler Dennison
[email protected]
385-414-1492
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Daniel McIntyre C33866 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
FTSP Standard Shipping

NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.

Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. Any handlers or users of product should refer to applicable SDS prior to handling or utilizing the product. Applicable SDS are included with shipment of products. For other important product notices and warnings, or to request an SDS, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 4 EA QXTBUNDLE
BULRD
Red/Black QXT Thermal Imager with

XTTRUCKMOUNT
$7,486.45 $29,945.80
Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing remains ®rm until 03/16/2023. Contact us for updated pricing after this date.

Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons of®ce prior to placing your order to con®rm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-speci®c prices, terms, and conditions.

12.I

Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
Quotation No. 251956

Subtotal $29,945.80
Estimated Tax Total $2,620.26
Transportation $100.00
Total $32,666.06
View Terms of Sale and Return Policy

12.I

City of Hemet Resolution No. 2023-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
A Resolution of the City Council of the City of Hemet,
California, Accepting the Q1 2023 grant from Fire
House Subs Public Safety Grant for (4) Thermal
Imaging Cameras in the amount of $32,666.06 and
Authorizing the Finance Director to Appropriate Funds
for the purchase of four (4) Thermal Imaging Cameras
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Fire House Subs offers grant opportunities to fire departments and firefighter associations, which are based within the local community of a Fire House Subs restaurant and respond to emergency events; and
WHEREAS, the Foundation awards individual grants to
recipient fire departments and organizations in support of providing lifesaving equipment and prevention education tools to first responders that impact the lifesaving capabilities, and the lives of local heroes and their communities; and
WHEREAS, The Fire Department applied for the Thermal
Imaging Camera Grant to assist in the financial needs to purchase four (4) new Thermal Imaging Cameras. The notification was received in February that the City was awarded the grant.

12.I

City of Hemet Resolution No. 2023-xxx

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AS FOLLOWS:

SECTION 1.The City of Hemet (“City”) submitted a grant
application to the Fire House Subs Public Safety Foundation (“Foundation”) Thermal Imaging Camera Grant for the purchase of four (4) Thermal Imaging Cameras. The Foundation, through its Grant, awarded the City $32,666.06 to purchase the Thermal Imaging Cameras.

SECTION 2. The City Manager is hereby authorized to
approve purchase the Thermal Imaging Cameras, and otherwise effectuate the intent of this Resolution.

SECTION 3. The Finance Director is hereby authorized to appropriate funds in the Fy22/23 budget in support of this purchase.

SECTION 4.EFFECTIVE DATE - This Resolution shall take
effect and be in force immediately.

12.I

City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 14th day of
March, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

12.I

City of Hemet Resolution No. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14th Day of March, and was passed by the following vote:

AYES: Council Members: None.

NOES: Council Members: None.

ABSTAIN: Council Members: None.

ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk

12.I

12.I

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Mar 14 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Brenda Chavez, Executive Assistant;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

Proposed Reconsideration of Closure of Chuckawalla Valley State Prison

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve sending a Letter of Reconsideration to Governor Newsom regarding the announced closure of Chuckawalla Valley State Prison.

BACKGROUND:

The California Department of Corrections and Rehabilitation (CDCR) has advanced a proposal to close Chuckawalla Valley State Prison (CVSP) in Blythe, with an anticipated closure in March 2025. This is one of two locations the State anticipates closing along with implementing cutbacks for six other facilities.

DISCUSSION:

The City of Blythe is requesting the State reconsider the closure of Chuckawalla Valley State Prison (CVSP). The proposed closure of CVSP is expected to have a disproportionate impact on the City of Blythe, which is located in the Palo Verd e Valley, one of the most economically disadvantaged areas in the State. Due to its isolated location, many families of incarcerated individuals and prison staff have made Blythe their home.

The attached letter has been drafted in support of the City of Blythe's request.

PREVIOUS COUNCIL ACTION:

None.

12.J

STRATEGIC PLAN INTEGRATION:

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

Objective 3: Increase the community's pride within the City.

FISCAL IMPACT:

None.

ATTACHMENT(S):

Attachment 1: Letter to Governor Newsom RE Blythe Prison Closure

12.J

OFFICE OF THE MAYOR

March 15, 2023

The Honorable Gavin Newsom Governor
State of California
1021 O Street, Suite 9000
Sacramento, CA 95814

Re: Reconsideration of the Closure of Chuckawalla Valley State Prison in Blythe

Dear Governor Newsom:

The City of Hemet supports the City of Blythe in their request that you reconsider the closure of Chuckawalla Valley State Prison (CVSP), which is located in the City of Blythe. Closing CVSP will have a disproportionate impact on the City of Blythe, the Palo Verde Valley which is one of the most economically disadvantaged areas in the state and as a result the Ri verside County region. We need to be lifting up communities that need assistance, not aiding them in becoming more disadvantaged. If the State is committed to closing a prison facility, the City of Hemet further supports the City of Norco in its request to have the California Rehabilitation Center (CRC) shuttered instead of CVSP.

Blythe is a small, geographically isolated city located in eastern Riverside County on the border between California and Arizona. Due to their isolated location, many families o f incarcerated individuals and prison staff have made Blythe their home and with the current housing crisis it may be incredibly challenging for these individuals and families to afford housing in less affordable areas of the State where the prisons remaining open are located.

In our request to you for reconsideration, we encourage you to explain why CVSP was chosen for closure when it is one of the new prisons that has a robust offering of rehabilitative programming.

Furthermore, the potentially for job loss in the City is staggering and debilitating. CDCR is required to take into consideration workforce impacts when determining prison closures. CVSP is a major employer in Blythe, employing 852 individuals, most of which reside in Blythe and the Coachella Valley. Palo Verde College, located in Blythe, will lose 250 full time equivalent students due to this closure because the college pioneered an inmate education program that has since become a statewide program. Impacts will also be felt at Palo Verde Hospital, which routinely treats patients from CVSP. Blythe has the only hospital for 100+ miles. Most of their residents are without insurance or are on State- subsidized plans. Sustaining hospital operations without the prison will be challenging. The cl osure of CVSP could ultimately result in the loss of their community hospital, leaving thousands of residents, most of which do not have a car or the means to travel 100 miles to a hospital, without access to health care. Additionally, if the hospital were to close it would result in the loss of approximately 115 hospital employee jobs.

12.J

Furthermore, CVSP is one of the newer facilities in the State Prison System. The State recently invested hundreds of millions of dollars upgrading the HVAC system at CVSP to accommodate inmates in the summer months. Also, according to the February 28, 2020 report prepared by the Legislative Analyst’s Office (LAO), entitled “The 2020-21 Budget: Effectively Managing State Prison Infrastructure”,1 a recent study recommended over 150 specific infrastructure improvement projects across the State’s 12 oldest prisons, which were built between the 1850s and 1960s. The estimated cost to complete the projects was $11 billion. Among the 12 oldest prisons are San Quentin State Prison ( 1852), California Men’s Colony in San Luis Obispo (1961) and California Rehabilitation Center in Norco (1941- 1962), which, are located on prime real estate lands that could be redeveloped into projects that provide millions of dollars in economic investment into the State. In contrast to the $11 billion needed to make improvements at the 12 oldest prisons, the LAO’s 2020 report estimated that it would cost approximately $8 billion to address maintenance and repairs needed at the 22 newer prisons in the system. The estimated cost for maintenance and repairs for CVSP was $430 million, compared to $1.647 billion for projects at San Quentin State Prison, $1.557 billion for projects at California Men’s Colony, and $1.116 billion for projects at Norco’s C alifornia Rehabilitation Center. Given the projected budget deficit, it seems prudent stretch the general fund dollars to as many areas as possible.

CSVP and Ironwood State Prison, which is located next door, share a Fire Department, water and sewer utilities and other plant operations and CDCR officials have stated that some of these shared services will need to remain operating at CVSP making it chal lenging for the site to be used for another purpose. These shared services reduce costs for both institutions. There must be more cost-effective solutions for the State than closing a newer institution in a low -cost area that leverages shared resources. There are minimal opportunities to repurpose this facility but there are ample opportunities to repurpose lands that other older more dilapidated prisons sit on.

We would like to encourage you to reassess the proposed prison closure plan.

Both the City of Blythe and Norco deserve a seat at the table and an opportunity to discuss the proposed closure and get answers to many questions they have asked. We support both cities and want to make sure our region has the resources they need to thrive.

Sincerely,

Joe Males
Mayor

cc: Senator Dianne Feinstein
Senator Alex Padilla
Assembly Member Eduardo Garcia
Congressman Raul Ruiz
California Department of Corrections and Rehabilitation (CDCR) Erin Sasse, Cal Cities

12.J

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Mar 14 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Cynthia Morris, Management Assistant;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

Consideration of Letter of Support for Senate Bill 602

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve sending a letter of support for Senate Bill 602 to support the amendments made to the current trespass laws stated in Penal Code Section 602.

BACKGROUND:

Senator Bob Archuleta recently intr oduced SB 602 to make amendments to Penal Code Section 602 which rules trespassing as a crime. The amendments reflected in SB 602 also authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a period of not more than 3 years when the premises or property is closed to the public and posted as being closed and would require the notice ending assistance before the 3 years has passed to be in writing. The bill would allow a request for peace officer assistance to continue after a change in ownership or transfer of lawful possession if the transferee notifies the relevant law enforcement or the city of the change. The bill would authorize local governments to accept electronic submissions of requests for peace officer assistance.

Currently, the City of Hemet Police Department has an established Trespass Letter of Consent program which allows a police officer to take trespass enforcement acti on on a private property owner's behalf without first contacting them. Police Officers do not normally have the authority to go onto private property, which is not open to the public, and remove individuals or request they leave the property.

The consent or authority of the property owner or manager is needed. If an officer observes someone on private property when the business is closed or a problem is reported by someone who does not have the authority to sign a trespass complaint, the Hemet Police Depart ment must first contact the person who is legally responsible for the property before taking any arrest action. To date, the Hemet Police Department Trespass Letter of Consent requires yearly renewals, whereas, SB 602 extends the validity of the letter to three years.

12.K

ANALYSIS:

Extending the time a trespass letter of consent that will remain valid for from 12 months to three years will help reduce administrative time in overseeing the program.

DISCUSSION:

This item was placed on the agenda for the Council to consider whether it would like to issue a letter of support for Senate Bill 602. Attached is a draft letter for consideration.

PREVIOUS COUNCIL ACTION:

No previous actions by Council were performed on this item.

STRATEGIC PLAN INTEGRATION:

N/A

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENT(S):

Letter of Support of SB 602

12.K

March 9, 2023
The Honorable Bob Archuleta
Chair, Senate Committee on Military and Veterans Affairs 1021 O. Street, Suite 6620
Sacramento, CA 95814
RE: Support for SB 602 (Archuleta), as Amended on February 15, 2023 Dear Chair Archuleta,
On behalf of the Hemet City Council and the constituents of the City of Hemet, I , Mayor Joe Males, am writing to express our enthusiastic support for SB 602 as we recognize the State’s intention to expand trespassing preventative measures for the constituents of the State of California. With public safety as a top priority for the City of Hemet, the City and its Hemet Police Department has established the Trespass Letter of Consent Program to elevate the power our commercial and residential property owners have to prevent and mitigate trespassing.

Currently, local p roperty owners or managers who submit a Trespass Letter of Consent to the Hemet Police Department provides our police officers permission to act on behalf of the property owner or manager in trespass situations, even if immediate contact with the property owner is not possible. The new p arameters reflected in SB 602 will give our Police Department added flexibility to be responsive to our community’s needs while providing relief to our property owners and managers, even if they are absent during a trespassing incident on their properties.

We strongly feel that the amendments you are making to the current law on trespassing in SB 602 delivers more permanent solutions for our business owners and residents and our Police Department that will achieve three interconnected benefits for our City:

I. By extending the validity of the Trespass Letter of Consent submitted by property owners or managers from 12 months to 3 years, this will drastically reduce the amount of time that law enforcement employs in the administration of the Trespass Letter of Consent program.

II. Furthermore, this extension allows our police officers to confidently —with owner consent—make an arrest for trespassing within the three-year timeframe of the consent letter, further preventing possible unlawful arrests since trespass laws also apply to law enforcement.

III. By extending the length of time that the letter remains active , this provides the necessary assurance and peace of mind for property owners who submit their

12.K

Trespass Letter of Consent forms , entering into agreement that an arrest can be made on their property without them being there to swiftly address the crime in a timely manner.

For all the reasons we share above, we ask that you consider our support for your amendments to Penal Code 602 which gives control to our business owners and resi dents over their properties and in result, helps our Police Department firmly address illegal trespassing. We believe the amended legal framework structured in SB 602 prioritizes the security and safety of our business owners and residents from all across the City who are personally affected by trespassers and whom the Hemet Police Department is supposed to serve and protect.

If you have any questions regarding SB 602 and how it would positively impact and improve the security of our local private property owners, please contact Mark Prestwich, City Manager of the City of Hemet, at (951) 765-2301.

Sincerely,

Joe Males
Mayor

Cc: Senator Rosilicie Ochoa Bogh
Senator Alex Padilla
Assembly Member Eduardo Garcia
Congressman Raul Ruiz
Erin Sasse, Cal Cities

12.K

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Mar 14 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;

☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the Hemet Unified School District to Form a Community Facilities District within the Territorial Limits of the City of Hemet to Finance Certain Development Impact Fees and Capital Improvements; Embodying a Joint Community Facilities Agreement (JCFA) Setting Forth the Terms and Conditions of the Community Facilities District Financing; and Authorizing Staff to Cooperate with the Hemet Unified School District in Connection Therewith, all associated with Tract Map 35393 (Generally Located West of Fisher, South of Mustang Way and North of Poplar Street)

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

A Resolution of the City Council of the City of Hemet, California, Authorizing the Hemet Unified School District to Form a Community Facilities District within the Territorial Limits of the City of Hemet to Finance Certain Development Impact Fees and Capital Improvements; Embodying a Joint Community Facilities Agreement (JCFA) Setting Forth the Terms and Conditions of the Community Facilities District Financing; and Authorizing Staff to Cooperate with the Hemet Unified School District in Connection Therewith, all associated with Tract Map 35393 (Generally Loca ted West of Fisher, South of Mustang Way and North of Poplar Street).

BACKGROUND:

The State Legislature enacted the Mello -Roos Act of 1982 (the "Act") to assist public agencies in financing certain public services and improvements. The developer of TM 3 5393, Lennar Homes of California, LLC, requested that the Hemet Unified School District ("School District") assist them in forming a CFD to fund associated Development Impact Fees (DIF) and for various public improvement to be accepted and owned by the City.

ANALYSIS:

While the City has the same authority to form Special Districts, to issue the bonds and to levy assessments or special taxes to pay such bonds as Hemet Unified School District, there is an

13.A

administrative advantage in allowing Hemet Unified School District to be the lead agency in the process.

By allowing developers to use the JCFA process, the City avoids all of the administrative responsibility in (1) establishing a Special District and (2) issuing and administering the municipal bonds used to finance the public improvements or development impact fees secured by the property within the Special District. Hemet Unified School District assumes all responsibility for the issuance and payment of the municipal bonds and placing the annual assessments or special taxes on the property tax roll.

DISCUSSION:

The JCFA language ensures that the School District assumes all responsibility for the issuance and payment of the municipal bonds and placing the annual assessments or special taxes on the property tax roll. The City will not be considered an issuer of the Bonds, and the City shall have no obligation or responsibility whatsoever with respect to the issuance and sale of the Bonds, for the payment of principal and interest thereon, or for the levy of the special taxes required to provide debt service.

The development proposed to be included in the JCFAs will include 145 single-family residential units.

The City DIF and/or public improvements to be owned by the City will be funded by the HUSD Special District formation.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

Objective 2: Develop concepts and programs to enhance the quality of life services.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

FISCAL IMPACT:

There is no fiscal impact. Costs associated with the formation of the Special District will be borne by the District and developer.

ALTERNATIVE(S):

1. Do not adopt a Resolution Authorizing the Hemet Unified School District to Form a Community Facilities District within the Territorial Limits of the City of Hemet to Finance Certain Development Impact Fees; Embodying a Joint Community Facilities Agreement (JCFA) Setting Forth the

13.A

Terms and Conditions of the Community Facilities District Financing, and Authori zing Staff to Cooperate with the Hemet Unified School District in Connection Therewith

2. Provide alternate directions to staff.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

ATTACHMENT(S):

Attachment 1 - Resolution HUSD 2023-1 JCFA
Attachment 2 - HemetUSD2023-1 2023 AGMT JCFA Citye_
Attachment 3 - HUSD CFD 2023-1 Boundary Map - Recorded

13.A

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY COUNCIL RESOLUTUION NO. 2023-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE HEMET

UNIFIED SCHOOL DISTRICT TO FORM A COMMUNITY

FACILITIES DISTRICT WITHIN THE TERRITORIAL

LIMITS OF THE CITY OF HEMET TO FINANCE

CERTAIN DEVELOPMENT IMPACT FEES AND
CAPITAL IMPROVMENTS; EMBODYING A JOINT

COMMUNITY FACILITIES AGREEMENT (JCFA)

SETTING FORTH THE TERMS AND CONDITIONS OF
THE COMMUNITY FACILITIES DISTRICT FINANCING;

AND AUTHORIZING STAFF TO COOPERATE WITH

THE HEMET UNIFIED SCHOOL DISTRICT IN

CONNECTION THEREWITH, ALL ASSOCIATED WITH
TM 35393 (GENERALLY LOCATED WEST OF FISHER

STREET, SOUTH OF MUSTANG WAY AND NORTH OF

POPLAR STREET)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City of Hemet (the “City”) is a general law city duly organized and existing under the laws of the State of California (the “State”); and WHEREAS, the Hemet Unified School District (the “District”) is a California unified school district duly organized and existing under and by virtue of the laws of the State; and
WHEREAS, the Mello-Roos Community Facilities Act of 1982 (the “Act”) beginning at Section 53311 of the Government Code, is an applicable provision of State law available to, among other things, finance public improvements and fees necessary to meet increased demands placed upon local agencies as a result of development; and

13.A

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY COUNCIL RESOLUTUION NO. 2023-xxx
WHEREAS, there is a development project located in the City consisting of Assessor’s Parcel No. 454-020-056 (the “Property”), known as the Saddle Point Project, and generally located west of Fisher Street, south of Mustang Way and north of Poplar Street, which is owned by Lennar Homes of California, LLC, (the “Property Owner”) and the Property Owner has requested the City to consider entering into a Joint Community Facilities Agreement in connection with a Development Project including the construction of 145 residential homes; and WHEREAS, the Development Project will promote economic development, the stimulation of economic activity, and the increase of the tax base within the City; and
WHEREAS, the Act authorizes the two public agencies such as the City and District to enter into a joint community facilities district to exercise powers under the Act; and
WHEREAS, the City desires to enter into such agreement with the District to authorize the District to form a community facilities district within the territorial limits of the City to finance Development Impact Fees and Capital Improvements required of the Development Project; and
WHEREAS, the agreement provides that the City will not participate in or be considered a participant in the formation proceedings for the community facilities district, the City will not be considered an issuer of the Bonds, and the City shall have no obligation or responsibility whatsoever with respect to the issuance and sale of the Bonds, for the payment of principal and interest thereon, or for the levy of the special taxes required to provide debt service; and WHEREAS, nothing herein constitutes the City’s approval of any applications, Development Project entitlements and/or permits, and such, to the extent required

13.A

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY COUNCIL RESOLUTUION NO. 2023-xxx
in the future, are subject to and contingent upon City Council approval following, to the extent applicable, environmental review in compliance with the California Environmental Quality Act (“CEQA”); and
WHEREAS, nothing herein affects, without limitation, requirements for and/or compliance with any and all applicable and/or necessary improvement standards, land use requirements or subdivision requirements relating to the Development Project or any portion thereof, which obligations are and shall remain independent and subsisting; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET
FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOW:

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

SECTION 2. That pursuant to Section 53316.2 of the Act, the City Council hereby approves the Joint Community Facilities Agreement substantially in the form attached hereto as Attachment A and determines that the Joint Community Facilities Agreement will be beneficial to the residents of the City of Hemet and included within the jurisdictional boundaries of the CFD. The City Manager is hereby authorized and directed to execute and deliver the Joint Community Facilities Agreement in said form with such changes, insertions and omissions as may be approved by the City Manager with the concurrence of the City Attorney, said execution and delivery being conclusive evidence of such approval.

SECTION 3. The City Council hereby authorizes and directs the City Manager and other appropriate City staff to cooperate with the District and its consultants and to do all things necessary and appropriate to carry out the intent of this Resolution and the community facilities district financing, and to execute any and all such documents as may be necessary.

SECTION 4. This Resolution shall take effect upon its adoption.

13.A

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY COUNCIL RESOLUTUION NO. 2023-xxx
PASSED, APPROVED AND ADOPTED this 14th day of March 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

13.A

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY COUNCIL RESOLUTUION NO. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14 th day of March 2023, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

13.A

13.A

JOINT COMMUNITY FACILITIES AGREEMENT
relating to
Community Facilities District No. 2023-1
of the Hemet Unified School District
by and among
Hemet Unified School District, City of Hemet, KL LHB3 AIV LLC, and Lennar Homes of California, LLC
THIS JOINT COMMUNITY FACILITIES AGREEMENT (the “Agreement”) is entered into effective as of the [___ day of [_______, 2023, by and among HEMET UNIFIED SCHOOL DISTRICT, a California unified school district (the “School District”), the CITY OF HEMET, a California general law city (the “City”), KL LHB3 AIV LLC, a Delaware limited liability company (the “Owner”), and LENNAR HOMES OF CALIFORNIA, LLC, a California limited liability company (the “Builder”). This Agreement relates to the formation by the School District of a community facilities district known as “Community Facilities District No. 2023-1 of the Hemet Unified School District” (the “CFD”) for the purpose of financing (i) certain facilities to be constructed, owned, operated, or maintained by the School District, the City and Eastern Municipal Water District, and (ii) certain City improvements to be constructed by the Builder and owned, operated, and maintained by the City, from the proceeds of bonds issued by the CFD and special taxes authorized to be levied by the CFD.

R E C I T A L S:

A. The property (the “Property”) depicted in Exhibit “A” hereto, which is located in the City, County of Riverside, State of California, constitutes the land within the boundaries of the CFD.

B. On November 16, 2021, Owner and Builder entered into an Option Agreement (as it may be amended from time to time, the “Option Agreement”) whereby the Builder conveyed the Property to Owner and the Builder was provided an exclusive option (but not an obligation) to acquire the Property in several takedowns over time pursuant to an agreed-upon takedown schedule (the “Takedown Schedule”). Owner and Builder also entered into a Construction Agreement, dated November 16, 2021 (the “Construction Agreement”), whereby the Builder has agreed to construct certain improvements on the Property pursuant thereto.

Builder intends to develop the Property for residential purposes consisting of 145 single family residential units in Tract No. 35393. The Property is described in Exhibit “B” hereto.

C. Owner and Builder petitioned the School District to form the CFD for the purpose of financing, among other things, the construction of various facilities to be owned and operated by the City as described in Exhibit “C” hereto, which facilities will benefit the Property in whole or in part, including certain facilities to be constructed, owned, and operated by the City (the “City Fee Facilities”) in lieu of the payment of City Fees (defined below) and certain public facilities to be constructed by the Constructing Entity (as defined herein) and acquired by the City (the “Acquisition Facilities”).

13.A

2 D. Builder has yet to determine whether (i) it will finance any or all of the City Fee Facilities in lieu of payment of City Fees, and/or (ii) it will finance any or all of the Acquisition Facilities with Bond Proceeds (defined below) that are available for such purpose. The Parties (defined below) hereto acknowledge that the purpose of this Agreement is to satisfy the requirements of the Act (defined below).

E. In conjunction with the issuance of building permits for the construction of homes within the Property and/or receipt of final inspections or occupancy certificates for such homes, the Builder, the Owner, or a successor or assign, may elect to advance City Fee Facilities costs in lieu of payment of City Fees (the “Advances”) before Bond Proceeds are available in sufficient amounts to pay for City Fee Facilities. In such case, the party making the Advances (the “Advancing Party”) shall be entitled to (i) reimbursement of such Advances limited to Bond Proceeds available to the City, if any (the Advances being considered an interest free loan by the Advancing Party, with no repayment obligation except to the extent there are Bond Proceeds received by or made available to the City as described herein, all as further described in Section 5(a) below), and (ii) credit for payments made to the City from Bond Proceeds against City Fees which would otherwise be due to the City with respect to the Property for which such transfer was made equal to the amount of Bond Proceeds disbursed to the City or at the direction of the City for City Fee Facilities, all as further described herein.

F. The School District will have sole discretion and responsibility for the formation and administration of the CFD.

G. The School District is authorized by Section 53313.5 of the Act to assist in the financing of the acquisition and/or construction of the City Fee Facilities and/or the Acquisition Facilities, including facilities whose construction has been completed, as determined by the School District Representative (as defined herein), before the resolution of formation to establish the CFD (the “Resolution of Formation”) is adopted. This Agreement constitutes a joint community facilities agreement, within the meaning of Section 53316.2 of the Act, by and among the City, the Owner, the Builder, and the School District, pursuant to which the CFD, when and if formed, will be authorized to finance the acquisition and/or construction of all or a portion of the City Fee Facilities and/or the Acquisition Facilities. As authorized by Section 53316.6 of the Act, responsibility for constructing, providing for, and operating the City Fee Facilities and/or the Acquisition Facilities is delegated to the City.

H. The Parties hereto find and determine that the residents residing within the boundaries of the City, the School District, and the CFD will be benefited by the construction and/or acquisition of the City Fee Facilities and/or the Acquisition Facilities, and that this Agreement is beneficial to the interests of such residents.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties hereto agree as follows:

1. Recitals. Each of the above recitals is incorporated herein and is true and correct.

2. Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified.

13.A

3 (a) “Acquisition Facilities Completed Prior to Formation” means Acquisition Facilities completed before the Resolution of Formation is adopted, as such completion is determined by the School District Representative, which may be based on certifications by the City, as to the completion of such Acquisition Facilities. (b) “Acquisition Facility(ies)” means the facilities described as such in Exhibit “C” hereto.
(c) “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code.
(d) “Advance” or “Advances” means an amount advanced by the Builder or the Owner to the City for City Fee Facilities in lieu of payment of City Fees prior to the availability of sufficient Bond Proceeds. Advances shall be deemed payment of City Fees to the extent sufficient Bond Proceeds are not received by or made available to the City. (e) “Bond Proceeds” or “Proceeds of the Bonds” shall mean those net funds generated by the sale of the Bonds and investment earnings thereon, net of costs of issuance, reserve fund, capitalized interest and administrative expenses and may include net funds generated by the levy of Special Taxes and investment earnings thereon. (f) “Bond Resolution” means that Resolution, Resolution Supplement, Fiscal Agent Agreement, Indenture of Trust, or other equivalent document(s) providing for the issuance of the Bonds.
(g) “Bonds” shall mean those bonds, or other securities, issued by, or on behalf of, the CFD in one or more series, as authorized by the qualified electors within the CFD. (h) “City Engineer Representative” means the project manager or engineer or engineers representing the City in the inspection and review of the Acquisition Facilities, which may be employees of the City or outside consultants representing the City. (i) “City Fee Facilities” means those City capital improvements eligible to be financed with City Fees.
(j) “City Fees” means fees for those capital improvements authorized to be financed with City development impact fees (“DIF”), and all components thereof, imposed by the City as a consequence of development of any portion of the Property to finance City Fee Facilities as further described in Exhibit “C” hereto. (k) “City Representative” means the City Manager of the City or his or her designee.
(l) “Constructing Entity” shall mean the Builder, the Owner, or their successors and assigns, that is constructing or causing the construction of Acquisition Facilities. The Owner and Builder are separate entities, and there shall be no joint and several liability for the construction of the Acquisition Facilities.

13.A

4 (m) “Disbursement Request” means a request for payment relating to City Fee Facilities in the form attached hereto as Exhibit “D.”
(n) “Other Facilities Account of the Improvement Fund” means the fund, account, or subaccount of the CFD (regardless of its designation within the Bond Resolution) into which a portion of the Bond Proceeds may be deposited in accordance with the Bond Resolution to finance City Fee Facilities and/or the Acquisition Facilities and which may have subaccounts.
(o) “Party” or “Parties” shall mean any one or all of the parties to this Agreement.
(p) “Payment Request” means a request for payment relating to Acquisition Facilities in the form attached hereto as Exhibit “E.”
(q) “Rate and Method” means the Rate and Method of Apportionment of the Special Tax authorizing the levy and collection of Special Taxes pursuant to proceedings undertaken for the formation of the CFD pursuant to the Act. (r) “School District Representative” means the Superintendent of the School District, the Deputy Superintendent, Business Services of the School District, or the designee of the Superintendent or Deputy Superintendent, Business Services. (s) “SIA” shall mean the Subdivision Improvement Agreement, by and between the City and the Builder, in the form attached hereto as Exhibit “F.” (t) “Special Taxes” means the special taxes authorized to be levied and collected within the CFD pursuant to the Rate and Method.
(u) “State” means the State of California.

3. Formation of the CFD. The School District has undertaken to analyze the appropriateness of forming the CFD to finance the City Fee Facilities, Acquisition Facilities, and other facilities. The School District has and will retain, at the expense of the Builder pursuant to a deposit and reimbursement agreement, the necessary consultants to analyze the formation of the CFD. In the event that the Governing Board of the School District elects to form the CFD, the School District will have complete responsibility to employ and pay all required consultants (at the expense of the Builder pursuant to a deposit and reimbursement agreement), annually levy the Special Tax, collect and enforce the Special Tax, administer the CFD, issue and pay debt service on the Bonds, and comply with all State and federal requirements pertaining to the proceedings and the Bonds, including the requirements of the United States Internal Revenue Code of 1986 and associated regulations. The City will not participate in or be considered a participant in the formation proceedings for the CFD. The City will not be considered an issuer of the Bonds and the City shall have no obligation or responsibility whatsoever with respect to the issuance and sale of the Bonds, for the payment of principal and interest thereon, or for the levy of the Special Taxes required to provide debt service. The parties do not intend to form a separate joint exercise of powers authority by this Agreement; instead, the parties intend that the City Council act on behalf of the City on all matters for which the City is responsible under this Agreement and the Act, and that the Governing Board of the School District act on behalf of the School District in all matters for which it is

13.A

5 responsible under this Agreement and the Act. Whenever approval of an action by the City or School District, as the case may be, is required under this Agreement or the Act, the parties contemplate that such action be submitted to the City Council or the Governing Board of the School District, as applicable, for approval by resolution, or to the officer to whom approval authority has been delegated, prior to such party taking such action.

4. Sale of Bonds and Use of Bond Proceeds. In the event that the CFD is formed and Bonds are issued, the School District and (i) the Builder if the Builder owns any part of the Property within the CFD at the time Bonds are issued, or (ii) the Owner, if the Builder does not own any part of the Property at the time the Bonds are issued, shall determine the amount of Bond Proceeds to be deposited in the Other Facilities Account of the Improvement Fund and each subaccount thereof. As Bond Proceeds are transferred to the City and reserved to fund City Fee Facilities as described in Section 5 below, the Builder or the Owner, as applicable, pursuant to clause (i) or (ii) above, shall receive a credit in the amount transferred against the payment of City Fees with respect to the Property identified by the Builder or Owner, as appropriate. Bond Proceeds may also be reserved to fund Acquisition Facilities as described in Section 6 below. Nothing herein shall supersede the obligation of an owner of the Property to make an Advance or pay City Fees to the City when due.

The purpose of this Agreement is to provide a mechanism by which the CFD may issue the Bonds and levy Special Taxes to provide a source of funds to finance all or a portion of the City Fee Facilities in lieu of the payment of all or a portion of the City Fees and/or to finance Acquisition Facilities. In the event that Bond Proceeds, including investment earnings thereon, are not available or sufficient to satisfy the obligation, then the Builder or the Owner, as applicable, shall remain obligated to make an Advance for which it will receive no reimbursement (except to the extent Bond Proceeds later become available to the City) or pay City Fees to the City as required by the City in accordance with applicable law.

The Bonds shall be issued only if, in its sole discretion, the Governing Board of the School District determines that all requirements of State and federal law and all School District policies have been satisfied or have been waived by the School District. Nothing in this Agreement shall confer upon the City or any owner of the Property, including the Builder or the Owner, a right to compel the issuance of the Bonds or the disbursement of Bond Proceeds to fund City Fee Facilities and/or Acquisition Facilities except in accordance with the terms of this Agreement.

5. Disbursements for City Fee Facilities.
(a) Upon the funding of the Other Facilities Account of the Improvement Fund with funds reserved to fund City Fee Facilities, the Builder or the Owner as set forth in Section 4(i) or 4(ii) above shall notify the City of the amount of Bond Proceeds reserved to fund City Fee Facilities and the Builder or the Owner, as applicable, and the City may execute and submit a Disbursement Request for payment to the School District or the CFD requesting disbursement of an amount equal to all or a portion of Advances from the Other Facilities Account of the Improvement Fund to the extent that Bond Proceeds are available in the Other Facilities Account of the Improvement Fund for such purpose. Upon the City’s receipt of funds pursuant to such Disbursement Request, the Builder or the Owner, as applicable, shall receive reimbursement of the Advances from the City. To facilitate the City’s bookkeeping, the City may direct in a Disbursement Request, that all or a portion of a payment be made directly to the Builder or the Owner, as applicable, as reimbursement for Advances made by the Builder or the Owner, as applicable. In the event of a reimbursement to the Builder or the Owner pursuant to the preceding sentence, the City shall account for an equivalent amount of Advances previously received from the Builder or the Owner in accordance with Section

13.A

6 5(c) below. Advances shall be reimbursed in full before any prepayment of fees to the City. The Advances shall be reimbursed in the order in which the Advances were made, beginning with the earliest, and the right to reimbursement hereunder shall vest based on the date and time of the Advances (unless otherwise agreed to in writing by the vested party).

To the extent that the City expends all or a portion of an Advance pending the deposit of Bond Proceeds in the Other Facilities Account of the Improvement Fund, for purposes of Treasury Regulations regarding investment and expenditure of Bond Proceeds and State law provisions regarding financing of public capital facilities, the Advance shall be considered an interest free loan by the Builder or the Owner, as applicable, which the City only agrees to repay to the extent of the deposit, if any, of Bond Proceeds in the Other Facilities Account of the Improvement Fund and the City’s written direction as described below to pay all or a portion of such deposit to the Builder or the Owner, as applicable, as repayment of an Advance.
(b) From time to time following the funding of the Other Facilities Account of the Improvement Fund, the Builder (i) if the Builder owns any part of the property within the CFD at the time Bonds are issued, or (ii) the Owner, if the Builder does not own any part of the Property at the time the Bonds are issued, and the City may jointly request a disbursement from the Other Facilities Account of the Improvement Fund to fund City Fee Facilities by executing and submitting a Disbursement Request. Upon receipt of such Disbursement Request completed in accordance with the terms of this Agreement, the CFD shall wire transfer or otherwise pay to the City (or upon the City’s written direction, pay to the Builder or the Owner, as applicable, or a City contractor) such requested funds to the extent that Bond Proceeds are available in the Other Facilities Account of the Improvement Fund for such purpose. Upon such notice and the City’s receipt of such disbursement (or upon payment to the Builder or the Owner, as applicable, or a City contractor in accordance with directions from the City relating to City Fee Facilities), the Builder or the Owner, as applicable, shall be deemed to have satisfied the applicable City Fees with respect to the number of dwelling units or lots for which the City Fees would otherwise have been required in an amount equal to such disbursement.
(c) The City agrees that prior to submitting a Disbursement Request requesting payment from the CFD it shall review and approve all costs included in its request and will have already paid or incurred such costs of City Fee Facilities from its own funds (which may include Advances from the Builder or the Owner, as applicable) subsequent to the date of this Agreement, or will disburse such amounts to pay the costs of the City Fee Facilities following receipt of funds from the CFD. If the City’s portion of the Bonds are issued on a tax-exempt basis, in the event that the City does not disburse any Bond Proceeds (or equivalent amount of Advances repaid pursuant to the second to the last sentence of the first paragraph of Section 5(a) above) received by it to third parties within five banking days of receipt, it will trace and report to the CFD all earnings, if any, earned by the City, from the date of receipt of such Bond Proceeds by the City (or the date of disbursement pursuant to the second to the last sentence of the first paragraph of Section 5(a) above) to the date of expenditure by the City for capital costs of the City Fee Facilities. Such report shall be delivered at least semiannually until all Bond Proceeds are expended by the City. The City agrees that in processing the above disbursements, it will comply with all legal requirements for the expenditure of Bond Proceeds under the Internal Revenue Code of 1986 and any amendments thereto. (d) The City agrees to maintain adequate internal controls over its payment function and to maintain accounting records in accordance with generally accepted accounting procedures. The City will, upon request, provide the School District, the Builder, and the Owner with access to the City’s records related to the City Fee Facilities and expenditure of Advances and will provide to the

13.A

7 School District its annual financial report certified by an independent certified public accountant for purposes of assisting the School District in calculating the arbitrage rebate obligation of the CFD, if any.
(e) The School District and the CFD agree to maintain full and accurate records of all amounts, and investment earnings, if any, expended from the Other Facilities Account of the Improvement Fund and expenditure of Advances. The School District or the CFD will, upon request, provide the City, the Builder, and/or the Owner, as applicable, with access to the School District’s or the CFD’s records related to the Other Facilities Account of the Improvement Fund. (f) As a condition to receiving proceeds of Bond Proceeds, the City agrees that it shall provide to the School District a certificate substantially in the form attached hereto as Exhibit “G.”

6. Ownership of City Fee Facilities and Acquisition Facilities. The City Fee Facilities and Acquisition Facilities, once acquired, shall be and remain the property of the City. (a) Acquisition Facilities. Subject to the last two sentences of this paragraph, the requirements of this Section 6 shall apply to any Acquisition Facility for which a Payment Request is submitted to the City. The City and the Builder shall enter into a SIA for all of the Acquisition Facilities. All Acquisition Facilities shall be constructed in accordance with the SIA and nothing in this Agreement shall amend, restate, or supersede the requirements set forth in the SIA. The City and not the School District, shall be responsible for determining the Builder’s compliance with the SIA and this Section 6.
(b) Design Plans and Specifications. All plans, specifications, and bid documents for the Acquisition Facility (“Plans”) constructed or to be constructed by the Constructing Entity shall be prepared by the Constructing Entity at the Constructing Entity’s initial expense, subject to approval by the City Engineer, or his or her designee, as provided in [Section 2.3] of the SIA. Costs for preparation of the Plans shall be included in the acquisition price. Costs for revisions to Plans will be considered on a case-by-case basis at the sole discretion of the City. Except with respect to Acquisition Facilities Completed Prior to Formation, the Constructing Entity shall not award bids for construction, or commence or cause commencement of construction, of the Acquisition Facility, except as set forth in Section 6(c).
(c) Construction of Acquisition Facilities. A qualified engineering firm (the “Field Engineer”) shall be employed by the Constructing Entity to provide all field engineering surveys determined to be necessary by the City’s inspection personnel. Field Engineer shall promptly furnish to the City a complete set of grade sheets listing all locations, offsets, etc., in accordance with good engineering practices, and attendant data and reports resulting from Field Engineer’s engineering surveys and/or proposed facility design changes. The City shall have the right, but not the obligation, to review, evaluate, and analyze whether such results comply with applicable specifications.

A full-time soil testing firm, approved in writing by City, shall be employed by Constructing Entity to conduct soil compaction testing and certification. Constructing Entity shall promptly furnish results of all such compaction testing to City for its review, evaluation, and decision as to compliance with applicable specifications. In the event the compaction is not in accordance or compliance with applicable specifications, Constructing Entity shall be fully liable and responsible, therefore. A final report shall be required fully certifying all required compaction efforts prior to acceptance of each of the Acquisition Facilities.

13.A

8 The costs of all surveying, testing, and reports associated with the Acquisition Facility furnished and constructed by the Constructing Entity’s contractor(s) shall be included in the acquisition price.

The City shall not be responsible for conducting any environmental, archaeological, biological, or cultural studies or any mitigation or permitting requirements that may be requested by appropriate federal, State, and/or local agencies with respect to the Acquisition Facility. Any such work shall be paid for and conducted by the Constructing Entity and included in the acquisition price of the Acquisition Facility.
(d) City Public Works Requirements. The requirements of the SIA shall be satisfied with respect to Acquisition Facilities Completed Prior to Formation. Except with respect to Acquisition Facilities Completed Prior to Formation, in order that the Acquisition Facility may be properly and readily acquired by the City, the Constructing Entity shall comply with all of the following requirements of this Section 6(d) with respect to the Acquisition Facility, and the Constructing Entity shall provide such proof to the City as the City may reasonably require and at such intervals and in such form as the City may reasonably require, that the following requirements have been satisfied as to the Acquisition Facility:
(i) The Constructing Entity will prepare a bid package for review, comment, and approval by the City Representative in accordance with the City’s requirements and the California Public Contracts Code.
(ii) The Constructing Entity shall, after obtaining at least three sealed bids for the construction of the Acquisition Facility in conformance with the procedures and requirements of the City, submit to the City written evidence of such competitive bidding procedure, including evidence of the means by which bids were solicited, a listing of all responsive bids and their amounts, and the name or names of the contractor or contractors to whom the Constructing Entity proposes to award the contracts for such construction, which shall be the lowest responsible bidder. If the City Representative disapproves of any such contractor, the Constructing Entity shall select the next lowest responsible bidder from the competitive bids received who is acceptable to the City Representative.
(iii) Constructing Entity shall make arrangements with City to schedule the bid opening, which is to be held at City offices, conducted by Constructing Entity, and witnessed by City staff. (iv) The specifications and bid and contract documents shall require all such contractors to pay prevailing wages and to otherwise comply with applicable provisions of the Labor Code, the Government Code, and the Public Contract Code relating to public works projects and as required by the procedures and standards of the City with respect to the construction of its public works projects. (v) All contractors shall be required to furnish labor and material payment bonds and contract performance bonds in accordance with the SIA. All such bonds shall be in a form approved by the City Representative.
(vi) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of such Acquisition Facilities which they will construct in conformance with the approved Plans in accordance with the SIA.

13.A

9 (vii) The Constructing Entity and all such contractors shall comply with such other requirements relating to the construction of such Acquisition Facilities which the City may impose by written notification delivered to the Constructing Entity and each such contractor at any time either prior to the receipt of bids by the Constructing Entity for the construction of such Acquisition Facilities or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. In accordance with this Section 6(c), the Constructing Entity shall be deemed the awarding body and shall be solely responsible for compliance and enforcement of the provisions of the State Labor Code, Government Code, and Public Contract Code to the extent expressly applicable to a nongovernmental entity constructing infrastructure to be acquired by a public entity. (viii) The Constructing Entity shall provide proof to the City, at such intervals and in such form as the City Representative may require that the foregoing requirements have been satisfied as to all of the Acquisition Facilities constructed by Constructing Entity, acquired by City, and paid for with Bond Proceeds.
(ix) The Constructing Entity and its contractor and subcontractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Acquisition Facility, which they will construct in conformance with the City’s requirements and the SIA. (x) The Constructing Entity and all such contractors shall comply with such other requirements relating to the construction of the Acquisition Facility which the City may impose by written notification delivered to the Constructing Entity and each such contractor at the time either prior to the receipt of bids by the Constructing Entity for the construction of such Acquisition Facility or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. In accordance with Section 6(d), the Constructing Entity shall be deemed the awarding body and shall be solely responsible for compliance and enforcement of the provisions of the Labor Code, Government Code, and Public Contract Code. (xi) A “Change Order” is an order from the Constructing Entity to a contractor authorizing a change in the work to be performed. The Constructing Entity shall receive comments from the City Representative prior to the Constructing Entity’s approval of any Change Order. The City Representative shall comment on or deny the Change Order request within ten (10) business days of receipt of all necessary information. The City’s comments to a Change Order shall not be unreasonably delayed, conditioned, or withheld. The Constructing Entity shall not be entitled to include in the acquisition price costs associated with a Change Order that have not been approved by the City Representative.
(e) Inspection; Completion of Construction. The City shall regularly inspect the Acquisition Facilities with a final inspection at the request of the Constructing Entity. Such inspection does not include inspection for compliance with safety requirements by the Constructing Entity’s contractor(s). The City’s personnel shall be granted access to each construction site at all reasonable times for the purpose of accomplishing such inspection. Upon satisfaction of the City’s inspectors, the Constructing Entity shall notify the City in writing that an Acquisition Facility has been completed in accordance with the Plans. The Constructing Entity shall pay the City the estimated costs associated with the activities of the City Representative in administering its obligations with respect to this Agreement in advance at the request of the City.

The Constructing Entity shall request the City to perform a final inspection of each Acquisition Facility, prior to which such Acquisition Facility shall not be deemed complete. Within

13.A

10 three (3) business days of receipt of written notification from the City inspectors that an Acquisition Facility has been completed in accordance with the Plans, the City Representative shall notify the Constructing Entity in writing that such Acquisition Facility has been satisfactorily completed. Upon receiving such notification, the Constructing Entity shall file a Notice of Completion with the County of Riverside Recorder’s Office, pursuant to the provisions of Section 3093 of the Civil Code. The Constructing Entity shall furnish to the City a duplicate copy of each such Notice of Completion showing thereon the date of filing with the County of Riverside (the “County”). The City will in turn file a notice with the County for acceptance.
(f) Liens. With respect to the Acquisition Facility, upon the earlier of (i) receipt of all applicable lien releases, or (ii) expiration of the time for the recording of claim of liens as prescribed by Sections 3115 and 3116 of the Civil Code, the Constructing Entity shall provide to the City such evidence or proof as the City shall require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment for the construction of the Acquisition Facility have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation.
(g) Acquisition; Acquisition Price; Source of Funds. The costs eligible to be included in the acquisition price of the Acquisition Facility (the “Actual Costs”) shall include:
(i) The actual hard costs for the construction of such Acquisition Facility, which in the case of Acquisition Facilities other than Acquisition Facilities Completed Prior to Formation, shall be as established by the City-approved construction contracts and approved Change Orders, and in the case of all Acquisition Facilities, shall include costs of payment, performance, and maintenance bonds and insurance costs, pursuant to this Agreement;
(ii) The design and engineering costs of such Acquisition Facility. including, without limitation, the costs incurred in preparing the Plans. Costs for plan revisions will be considered on a case-by-case basis;
(iii) The costs of environmental evaluations and public agency permits and approvals attributable to the Acquisition Facility;
(iv) Costs incurred by the Constructing Entity for construction management and supervision of such Acquisition Facility, not to exceed five percent (5%) of the actual construction cost;
(v) Professional costs associated with the Acquisition Facility such as engineering, inspection, construction staking, materials, testing, and similar professional services; and (vi) Costs approved by the City of acquiring from an unrelated third party any real property or interests therein required for the Acquisition Facility, including, without limitation, temporary construction easements, temporary by-pass road and maintenance easements.

Provided the Constructing Entity has complied with the requirements of this Agreement, the City agrees to execute and submit to the School District a Payment Request for payment of the acquisition price of the completed Acquisition Facility to the Constructing Entity or its designee within thirty (30) days after the Constructing Entity’s satisfaction of the preconditions to such payment stated herein.

13.A

11 As a condition to the City’s execution of the Payment Request for the acquisition price, the property ownership of the completed Acquisition Facility shall be transferred to the City by grant deed, bill of sale or such other documentation as the City may require free and clear of all taxes, liens, encumbrances, and assessments, but subject to any exceptions determined by the City to not interfere with the actual or intended use of the land or interest therein (including the lien of a community facilities district so long as the subject property is exempt from taxation or is otherwise not taxable by such community facilities district). Upon the transfer of property ownership of the Acquisition Facility or any portion thereof to the City, the City shall be responsible for the maintenance of such Acquisition Facility or the portion transferred. Notwithstanding the foregoing, the acquisition price of an Acquisition Facility may be paid prior to transfer of property ownership and acceptance of the Acquisition Facility if it is substantially completed at the time of payment.

The Acquisition Facility shall be considered “substantially complete” when it has been reasonably determined by the City to be usable, subject to final completion of “punch list” items, such items still required to be completed based solely upon approval of the City’s inspectors.

Except with respect to Acquisition Facilities Completed Prior to Formation, for purposes of determining the acquisition price to be paid by the CFD for the acquisition of each Acquisition Facility by the City, the value of such Acquisition Facility shall include the construction costs specified in the City-approved contracts and the City-approved change orders conforming to this Section 6, as hereinbefore specified. The City approval is a condition prior to initiation of contract work. However, if the City reasonably determines that the additional Actual Costs are excessive and that the value of the Acquisition Facility is less than the total amount of such Actual Costs and such construction costs, the price to be paid for the acquisition of the Acquisition Facility shall be the value thereof as determined by the City Engineer Representative, subject, however, to the Constructing Entity’s right to appeal to the City Council.

Upon completion of the construction of an Acquisition Facility, the Constructing Entity shall deliver or cause to be delivered to the City a Payment Request in substantially the form of Exhibit “E,” attached hereto, copies of the contract(s) with the contractor(s) who have constructed the Acquisition Facility and other relevant documentation with regard to the payments made to such contractor(s) and each of them for the construction of the Acquisition Facility, documentation evidencing payment of prevailing wages, and shall also provide to the City invoices and purchase orders with respect to all equipment, materials, and labor purchased for the construction of the Acquisition Facility. The City shall require the City Engineer Representative to complete its determination of the acquisition price of the Acquisition Facility as promptly as is reasonably possible.

Notwithstanding the preceding provisions of this Section, the source of funds for the acquisition of the Acquisition Facility or any portion thereof shall be funds on deposit in the Other Facilities Account of the Improvement Fund. If no such funds are available, the City shall not be required to acquire the Acquisition Facility from the Constructing Entity. In such event, the Constructing Entity shall complete the design and construction and offer to the City property ownership of such portions of the Acquisition Facility as are required to be constructed by the Constructing Entity as a condition to recordation of subdivision maps for the Property, but need not construct any portion of the Acquisition Facility which it is not so required to construct. (h) Easements and/or Fee Title Property Ownership Deeds. The Constructing Entity shall, at the time the City acquires the Acquisition Facility as provided in Section 6(g) hereof, grant or cause to be granted to the City, by appropriate instruments prescribed by the City, all easements

13.A

12 across private property and/or fee title property ownership deeds which may be reasonably necessary for the proper operation and maintenance of such Acquisition Facility, or any part thereof. (i) Permits. The Constructing Entity shall be responsible for obtaining all necessary construction permits and encroachment permits from the City covering construction and installation of the Acquisition Facility.
(j) Maintenance. Prior to the transfer of property ownership of an Acquisition Facility by the Constructing Entity to the City, as provided in Section 6(g) hereof, the Constructing Entity shall be responsible for the maintenance thereof and shall require its contractor(s) to repair all facilities damaged by any party, prior to acceptance by the City and/or make corrections determined to be necessary by the City’s inspection personnel.
(k) Inspection of Records. The City shall have the right to review all books and records of the Constructing Entity pertaining to the costs and expenses incurred by the Constructing Entity for the design and construction of the Acquisition Facility during normal business hours by making arrangements with the Constructing Entity. The Constructing Entity shall have the right to review all books and records of the City pertaining to costs and expenses incurred by the City for services of the City Engineer Representative by making arrangements with the City and paying the City the City’s estimated costs for such services in advance.
(l) Property Ownership of Improvements. Notwithstanding the fact that some or all of the Acquisition Facility may be constructed in dedicated street rights-of-way or on property which has been or will be dedicated to the City, each Acquisition Facility shall be and remain the property of the Constructing Entity until acquired by the City as provided in this Agreement. (m) Materials and Workmanship Warranty. Constructing Entity shall provide materials and workmanship warranties as set forth in the SIA.
(n) Insurance Requirements. Neither the Constructing Entity nor its contractor shall commence work on a Facility under this Agreement prior to obtaining all insurance required by the SIA for such Facility with a company or companies acceptable to the City, nor shall the Constructing Entity’s contractor allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained.

The Constructing Entity shall, during the life of this Agreement, notify the City in writing of any incident giving rise to any potential bodily injury or property damage claim and any resultant settlements, whether in conjunction with this or any other project which may affect the limits of the required coverage, as soon as is reasonable and practical. (o) Independent Contractor. In performing this Agreement with respect to the Acquisition Facilities, the Constructing Entity is an independent contractor and not the agent of the City. The City shall not have any responsibility for payment to any contractor, subcontractor, or supplier of the Constructing Entity. It is not intended by the Parties that this Agreement create a partnership or joint venture among them and this Agreement shall not otherwise be construed.

13.A

13 7. Indemnification.
(a) Indemnification by the School District. The School District shall assume the defense of, indemnify and save harmless, the City, its officers, employees, and agents, and each and every one of them, from and against all actions, damages, claims, losses, or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the School District with respect to this Agreement and the issuance of the Bonds; provided, however, that the School District shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents, or employees.
(b) Indemnification by Builder. Builder shall assume the defense of, indemnify and save harmless, the School District, the CFD, and the City, their respective officers, employees, and agents, and each and every one of them, from and against all actions, damages, claims, losses, or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the Builder with respect to this Agreement; provided, however, that the Builder shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents, or employees.

Under no circumstances shall the Builder’s and Owner’s obligation hereunder be considered joint and several, and under no circumstances shall the Builder be responsible to indemnify any party for the actions or inactions of the Owner.
(c) Indemnification by Owner. Owner shall assume the defense of, indemnify and save harmless, the School District, the CFD, and the City, their respective officers, employees, and agents, and each and every one of them, from and against all actions, damages, claims, losses, or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the Owner with respect to this Agreement; provided, however, that Owner shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents, or employees. Under no circumstances shall the Builder’s and Owner’s obligation hereunder be considered joint and several, and under no circumstances shall the Owner be responsible to indemnify any party for the actions or inactions of the Builder.
(d) Indemnification by the City. The City shall assume the defense of, indemnify and save harmless, the School District, the CFD and their respective officers, employees, and agents, and each and every one of them, from and against all actions, damages, claims, losses, or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the City with respect to this Agreement, and the design, engineering, and construction of the City Fee Facilities constructed by the City and Acquisition Facilities acquired by the City; provided, however, that the City shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents, or employees.

8. Allocation of Special Taxes. The entire amount of any Special Taxes levied by the CFD to repay Bonds, or to fund other obligations, shall be allocated to the CFD.

9. Amendment and Assignment. This Agreement may be amended at any time but only in writing signed by each Party hereto. This Agreement may be assigned, in whole or in part, by the Builder or the Owner, as applicable, to the purchaser of any parcel of land within the Property

13.A

14 provided, however, such assignment shall not be effective unless and until the City and the School District have been notified, in writing, of such assignment and the assignment specifies whether the Builder, the Owner, or such assignee is authorized to execute disbursement requests and whether the Builder, the Owner, or such assignee is to be reimbursed for Advances which have not been reimbursed at the time of such notice. Notwithstanding anything in this Section 9 to the contrary, the acquisition by Builder of property pursuant to the Option Agreement with Owner shall not require an assignment of this Agreement. Property acquired by Builder pursuant to the Option Agreement shall automatically be subject to this Agreement without any assignment or assumption by Builder or Owner.

10. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Agreement.

11. Notices. Any notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication required or permitted by this Agreement to be given or delivered to any other Party shall be deemed to have been received (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, email, telegram or telecopier upon the sender’s receipt of an appropriate answer back or other written acknowledgement from the addressee of successful transmission, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery, addressed as follows:

School District: Hemet Unified School District
1791 W. Acacia Avenue
Hemet, CA 92545
Attention: Deputy Superintendent, Business Services
Telephone: (951) 765-5100
Email: [email protected]
With a copy to: James F. Anderson Law Firm, A Professional Corporation 24001 Calle Magdalena, #3348
Laguna Hills, CA 92654
Attn: James F. Anderson, Bond Counsel
Email: [email protected]
City: City of Hemet
445 E. Florida Avenue
Hemet, CA 92543
Attention: March Prestwich, City Manager
Telephone: (951) 765 2300
Email: [email protected]