Cities Index.
Agenda

Hemet City Council
September 12, 2023

Document
Agenda
Meeting
September 12, 2023
Body
Hemet City Council
Pages
1,297
Original file
144.2 MB
Text extracted from the city's file for reading and search. Open the original on hemetca.civicweb.net. That file is the official record.

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of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/ or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer' s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

17. INSURANCE.

17. 1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

17. 1. 1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $ 3, 000, 000 per occurrence for bodily injury, personal injury, and property damage.

17. 1. 2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $ 1, 000, 000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

17. 1. 3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code ofthe State of California and employers' liability insurance with limits of not less than $ 1, 000,000 per occurrence, at all times during which insured retains employees.

17. 1. 4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $ 1, 000, 000 per occurrence, shall be procured and maintained for a period of five ( 5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.

17. 2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: ( a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or ( b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

17. 3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional RIV # 4836- 3917- 8284 v2. 1 - 10-

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insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.

17. 4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

17. 5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

17. 6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term ofthis Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City.

17. 7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.

18. DEFAULT; NOTICE; REMEDIES.

18. 1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall commence the work required to remedy the default or violation within ten ( 10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Developer shall commence the required work within twenty- four ( 24) hours thereof.

Immediately upon City' s issuance of the demand to remedy the default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 9. 0 of this Agreement.

18. 2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such RIV # 4836- 3917- 8284 v2. 1 - I I -

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work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City' s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none ofthe required or agreed upon Public Improvements at the time of City' s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

18. 3 Other Remedies. No action by City pursuant to Section 18. 0 et sem. ofthis Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

19. GENERAL PROVISIONS.

19. 1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

19. 2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

19. 3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

19. 4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

CITY:

City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
RIV # 4836- 3917- 8284 v2. 1 - 12-

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DEVELOPER/ OWNER:

Jeffrey MDM Partners VII, LLC, a California
limited liability company
27132B Paseo Espada # 1226
San Juan Capistrano, CA 92575
Attn: Jeffrey L. Holbrook
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as ofthe date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

19. 5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

19. 6 Waiver. City' s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City' s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether ofthe same or similar type. The foregoing shall be true whether City' s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.

19. 7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City' s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.

19. 8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

19. 9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

19. 10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

19. 11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or RIV # 4836- 3917- 8284 v2. 1 - 13 -

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

19. 12 Attorneys' Fees and Costs. Ifany arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.

19. 13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract Map No. 29129- 8, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer.

Developer' s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

19. 14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

19. 15 Effective Date of AF-reement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Developer.

RIV 44836- 3917- 8284 v2. 1 - 14-

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written.

CITY OF HEMET
By: Oq: 2t
City Manag r
ATTEST:
y71
I
ty City Clerk

APPROVED AS TO FORM
By:

Eric S. Vail, City Attorney

SUBDIVIDER/ OWNER
Jeffrey MDM Partners VII, LLC, a California limited liability company By DBJ Development Corp., Its Managing Member
By:

Je Vice President / CFO
i1Wk 1tcl ( aOt'L, ta
LOCCE Lt-af cbelir - a EE
NOTE: DEVELOPER' S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER' S
BUSINESS ENTITY.

RIV 94836- 3917- 8284 v2. 1 - 1 5 -

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF 6" L—
On 20_- gQ before me, jEIrZabETpj Anti jJ, ndr a Notary public, personally appeared k14 L- ll011n1(
who proved to me on the basis of satisfactory evidence to be the person() whose names(&) is/ axe- subscribed to the within instrument and acknowledged to me that he/ skekkey executed the same in his/j er4heii authorized capacity( ies), and that by his/ hep4heirsignature(.&) on the instrument the person(&} or the entity upon behalf of which the person(. 4 acted, executed the instrument.

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

PUKX

INDOERFER
52220 WITNESS my hand and official seal.

CALIFORNIAUNTY
3, 2022 0" WOikh OMM U'4nd". 4Id

SIGI ATURE OF NOTARY)

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE( S)

PARTNER( S) LIMITED

GENERAL NUMBER OF PAGES

ATTORNEY- IN- FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR

OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:

NAME OF PERSON( S) OR ENTITY( IES)) SIGNER( S) OTHER THAN NAMED ABOVE RIV # 4836- 3917- 8284 v2. 1

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EXHIBIT " A"

LEGAL DESCRIPTION OF PROPERTY
TRACT MAP No. 29129- 8
The land referred to herein below is situated in the City of Hemet, in the County of Riverside, State of California, and is described as follows:

Lot 10 and Lettered Lots " JJJ", " KKK", and " LLL" of Tract No.30261 as shown by Map on file in Book 322 of Maps, Pages 97 through 109 inclusive in the Office ofthe Riverside County Recorder
RIV # 4836- 3917- 8284 v2. 1 j

SUBDIVISION IMPROVEMENT AGREEMENT

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EXHIBIT " B"

LIST OF PUBLIC IMPROVEMENTS
TRACT MAP No. 29129- 8
As provided in his Agreement, Developer shall construct or cause to be constructed all the Public Improvements identified in the plans listed below:

STREET IMPROVEMENT PLAN ( Tract 29129- 8) dated 4/ 20/ 2006 consisting of 6 sheets prepared by James W. Unland & Associates under the supervision of Chris D. Hopper ( RCE C34821) signed 4/ 21/ 2006 and approved by City 5/ 8/ 2006 to include all approved revisions hereinafter until accepted by City.

STREET LIGHT PLAN (Tract 29129- 8) dated 5/ 18/ 2005 ( Revision 1 dated 2/ 19/ 2020) consisting of 3 sheets prepared by Redlands Engineering Company under the supervision of Gerald E.

McAllister ( REE E 16160) signed 4/ 6/ 2005 and approved by City 5/ 18/ 2005 to include all approved revisions hereinafter until accepted by City.

SEWER & WATER IMPROVEMENT PLAN (Tract 29129- 8) dated 4/ 3/ 2006 ( Revision 1 dated 2/ 20/ 2020) consisting of 4 sheets prepared by James W. Unland & Associates under the supervision of Chris D. Hopper ( RCE C34821) signed 4/ 5/ 2006 and approved by City 4/ 8/ 2006 and EMWD 4/ 11/ 2006 to include all approved revisions hereinafter until accepted by City and by EMWD.

Originals of all approved plans are on file in the City Engineer' s Office.

INSERT REDUCED SCALE COPY, 8 ' h X 11, OF
APPROVED PLANS AFTER THIS SHEET]
RIV # 4836- 3917- 8284 v2. 1 I

SUBDIVISION IMPROVEMENT AGREEMENT

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TRACT NO. 29129-8

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Call: TOLE FREE
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FOR:

JEFFREY HOMES
o, Ra , u -w au
SEAL „ ora
S`
tt
tea' k ' —'
j
OPROVEO 9T „
I
ami H —iin ] uL
4-U.
e:,. w`..".,. r° " ...<,. ..
r
TRACT N0. 29129-8

STREET IMPROVEMENT PLANS
70PSTDNE DRIVE
2 r.. r.+. • w •».
r
1•+ w+ l«.+ r +». ... Ff BENCHMARK b.vin
227- 2600 w+' w.............,». M.,.-.........
wl. . a` . n1w .. war ..
r.
1 « w .:.r aw
y+
tp, Rpa A. IHEMET
r -• w•
y>
E— --
ux am lo. I

A, PPROVEO
f1ln-.- wr
Krw• a 1rR rtw
k 1x1w o• aan
n
a
u•..uu no rrw un , mec me • e mn: -._ CRY OF XEYCf I! m/ w.

Page 80 of 156 ends

15.I

Page 1100 of 1297 ends

mass
FOR.

JEEFFEY HOOMES
w a. n, ou
SUL
Qy
RT
aoPROvED By I
an +l lap _
fup- r.'
e...+. n.. I BI THE CRY OF- RrkrT!.
c
TRACT NO. 29129-8

STREET IMPROVEMENT PLANS
2600 CROWNSTONE U
a
Ntn
BENNYA4
wu. r••w• xw.. .w y+. w.r. w.:.y y . w.,' y. w.,
t APPROVED 9T
as
m: ? r-(T CRY OF NEMET t- M!
t
a aRan n Nn wen u!! o[ oeo n .. aura
Rings a
mum
pill WEEMS
IKE
1 0 . HEman a
qiNU;" .. U; ./ R ;;...
i/
r
I
p
j
i•E iEl ' ifLli

CRO UNSYTONELANE
CON$TRV4U NOTES
oocRnrin __ I X00 1L l. OtoKe l - wR= M ._.-
rtn aae .. wmpi rtR cok sm wa
rs n awnr°' iow"° io. c- ia
tlgf! aRRlMOYfIORt '[R 4G.N. 1t0.

NYw.fL[ lY4X Kf C. OIL 1t0. M0. C -t l!
i waiaau' nr .ae cox ! m. fa c=t ii
n.R tmcu
Freicr uaNr rce can. sto. Ro: a- eK
etts ettr ua' S,_a wst
rt eei.0 "eRm ru[ zae
E2a ' x. a.f*xastnaanxr N]C
t cox
Underground Service Alert
Coil: You rpEE
t _ 8
iA f( fle NYf AK 10YK
FOR.

JEEFFEY HOOMES
w a. n, ou
SUL
Qy
RT
aoPROvED By I
an +l lap _
fup- r.'
e...+. n.. I BI THE CRY OF- RrkrT!.
c
TRACT NO. 29129-8

STREET IMPROVEMENT PLANS
2600 CROWNSTONE
a
Ntn
BENNYA4
wu. r•• w• xw.. .w y+.w.r.w.:.y y . w.,' y. w.,
t APPROVED 9T
as
m: ? r-(T CRY OF NEMET t- M!
t
a aRan n Nn wen u!! o[ oeo n .. aura

Page 81 of 156 ends

15.I

Page 1101 of 1297 ends

S144-
r.;.; ,
t
a
F
f
I ! I
t4- t - it
y
1545 - LT "
R 1549- 1T i
t _
j i -il
1 I
t—
IN: Ill
PEt1545- l
CL f_ ti 1545 - CL
r .
r
545 RT a . ILA
t
1'
21 20 19 16 17 16 15 14
VIEWsTONE' coURT
77 tosx ra' viRTiir' o''"- ti
wa
ta, t Mr snow nort la. a,
tTef _ LLIi ARI[ t{ RR GQ. N,
M j-ft
1v . W11GCM Init C. tRtl 110. MU, C-! ee
tY OMLtI GittRYVt ttetn/
f }% rtl
v yptliit< M C. OJL
art it
n
uatriR`
n.= s,
Underground Servks AJsTI
Cos: i9lL TSEE
1-
727- 160
m Reiei eat OIt[ tatM
FOR:

JEFFREY HONCS
nn ns -m -eta
5Cu F„
I•.
r.wt
toy
arraurcu a+
atn: 4uw aom an neat . a _ ts!
BY
r.. w.
ut.
w
p.
a...
wBENwOI/Y. IrR•rK
t. t.t. v....r
TRACT NO. 29129-8

STREET IMPROVEMENT PLANS
VIEYSTONE COURT 6 ,
r.,,. i• ..• ,.., ,
JOeNJl1 : iw.
art: S_- i._ CITY Or HEYET
N. r....... w..
r v "
r a...
7 V ROEO
NR•..• aM
ra•'••
i•R. twry • wNi rMM
t
p VssM

Page 82 of 156 ends

15.I

Page 1102 of 1297 ends

TOPSTONE DRIVE
1 — ff q.1

CONS RUCTION NOTES
atuxlfix
103K M1V5[
I1 OKfIt - GR YS[ fLS
p}
TfK 55a G{ rgYl uOR ffa
1B IMfI
RGO.K T6 W. C- tW
5 COWN00 05055w` rR Woo
WL
RR C.

O.

K f10. W. C - tit
5 tal1llOfCf4 SYx. 1MI1' YKx. Wf I[tC.

O.

K 510. fd C-! 1!
f Mr61C51ti a5f4 OIMIR RMY'T1!-GO.K 510. YA C- tf
AMO StAR n111 }.

TF iiflALL Si' SICR- CAi 11 M0. 4- bi
Rt SSSRt llaMf xla5 11L lSla- i®-f IN
LLL SnQR utf
15 Y15-: 0— xiorf
OIRUt C.. wUnderground Son9co Aled
Y! Coo. TOLL FIRE
rl
1- 806
277- 260
ni ff5aox an uCx moo

JEFFREY HOMES
sfK r5- os- or.

J
y,
y,
ol
A o00
TRACT NO. 29129-8

STREET IMPROVEMENT PUNS

CAPSTONE UNE
SB
Stan o5t 15( MCt fK SMir
dn; 4T+,aC
f".. rr.afwaa
APPRO9Y
55x+.$`%_ CITY qF HEMCT

BENCHMARK
zc5 sHfrr w. a
55 5' S
n IwR
rsn.- wn
oo
n ff05 [ frrw n eaC fnfaa
n 5. uia. uO

CONS RUCTION NOTES
atuxlfix
103K M1V5[
I1 OKfIt - GR YS[ fL
S
p}
TfK 55a G{ rgYl uOR ffa
1B IMfI
RGO.K T6 W. C- tW
5 COWN00 05055w` rR Woo
W
L
RR
C.

O.K f10. W. C - tit
5 tal1llOfCf4 SYx. 1MI1' YKx. Wf
I[tC.

O.K 510. fd C-! 1!
f Mr61C51ti a5f4 OIMIR RMY'T1!-GO.K 510. YA C- tf
AMO StAR n111 }.

TF iiflALL
Si' S ICR- CA
i 11 M0. 4- bi
Rt SSSRt llaMf xla5 11L lSla- i®-f IN
LLL SnQR utf
15 Y15-:
0—
xiorf
OIRUt
C.. wUnderground Son9co Aled
Y! Coo. TOLL FIRE
rl
1- 806
277- 260
ni ff5aox an uCx moo

JEFFREY HOMES
sfK r5- os- or.

J
y,
y,
a.... .. ....
aox uur rearm """^•.•
fr.
r,••.•,,••.•,•
TRACT NO. 29129-8

STREET IMPROVEMENT PUNS

CAPSTONE UNE
SB
Stan o5t 15( MCt fK SMir
dn; 4T+,aC
f".. rr.afwaa
APPRO9Y
55x+.$`%_ CITY qF HEMCT

BENCHMARK
zc5 sHfrr w. a
55 5' S
n IwR
rsn.- wn
oo
n ff05 [ frrw n eaC fnfaa
n 5. uia. uO

Page 83 of 156 ends

15.I

Page 1103 of 1297 ends

MO' Oiw- t9S 4] Yi5\; w9 V t6- l:iY/ i3/ S YCe1 lW
N
N//EL'
r
Y t
iis; sie„i//. N
N N t/ NttN
u um//// su< r%/ t
MOORE

NOUN WUNWFW
p
a "
ME on
B/
uu //
t// N ///
u aNt///
somomt t//
e =i
r
us=
u/
m t G
t
N
t l:t//
t/ t //!////
y////
tN
N:Na//NNt ttN ' ii
q tO...../. N /// t
WE
MR
own
ON
t/ t8t//
mirk,
N// t.
ptNNNt/ ii p
M/Nm/
rx. erxa yi az « ..: ww. auxxes e. nnz-ix„ ra=+:<:: •+r, u+

Page 84 of 156 ends

15.I

Page 1104 of 1297 ends

q
AdO) 5, 801) 3dSN1
g
r2gj a
R@ a
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M' ppia t el
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g'.1€ S' : S7 3b 0@3
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ico
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it
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L
3 0 SN 08015 a
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M
N a
la 0o
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wn l=#
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M
Y
r
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to OCL
N
N® a w MIA
N
N®
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awt si a: i ro + a " i snkinsssu9, f, r, aizim,», ox w. n.. u„

Page 85 of 156 ends

15.I

Page 1105 of 1297 ends

GN
r.

W $
Q
a

Page 86 of 156 ends

15.I

Page 1106 of 1297 ends

UndorgrounA Sonic* ANr1
I'}}
7/
JEFFREY HONES, INC.
f,\/ Call: TOEE FREE -
1\
Ril
1- 800
w
EFFRE.

V 227- 2600
no saw an seatwc
r.•r ...rwr, ,..... ,. wwr
r
r..
r w.+ r
22sa
L
m ,:a rm

CUWIE DATA
26 .
pry ._
r
s nam ra- m.
25 •
t rs
q rsr sr. aws _
o n' s 23 eem sus s.
24 rs as r c `
ice--
g..
y—— srm' ir. u_--
iai`
i.2is,
a )+
l
tw ` j1li+
s
V
rc
asrGs7iril3''/
s '
a.
gsrta611s
VOIM T _:J

WATER DISTRICT
VIE WS. COURT
6 r.[. as. r
MOTES:
u i i
in
sa , raw rws .[ wcan wn.w ern[ rnar. canrrs. 0
If
I
s ltt= trrtr.-ate
it • 1G
Sr rte
144
r -
in -all" p
WINE
MalnoN 1N, fN
w
1 ioIs I
R
i G'
1 ommo: ,,
Nf
N:

N. :::
i
fusGNN
IfHf
f

IM/N N/
NN ItN 11=
p 7T77
f
1d AWNNNNLNlit ANNNis mi'/%o%%1.. In
IrNN I
S
ff fH tg11f Nllf/ Hf_ NwII N t Jll/ f NII
7fNH I
f
N , i
11011
N Nf ff
f N = On
f
NN'
11111M /
II N
H f:

N fl /
f
i
UndorgrounA Sonic* ANr1
I'}}
7/
JEFFREY HONES, INC.
f,\/ Call: TOEE FREE -
1\Ril 1- 800
w
EFFRE.

V 227- 2600
no saw an seatw
c
r.•r ...rwr, ,..... ,. wwr
r
r.. r w.+ r
22sa
L
m ,:a rm

CUWIE DATA
26 .
pry ._
r
s nam ra- m.
25 •
t rs
q rs
r sr. aws _
o n' s eem sus s.
23 24
rs as r c `
ice-- g..
y——
srm' ir. u_-- iai`
i.2is, a )+
l
tw ` j1li+
s
V
rcasrGs7iril3''/
s '
a.
gsrta611s
VOIM T _:J

WATER DISTRICT
VIE WS. COURT
6 r.[.
as. r
MOTES:
r rno.[ r sror rra o -».r,
Na rxs[w i- r. 1rr srnct
sa , raw rws .[ wcan wn.w ern[ rnar. canrrs. 0
144
t { a
a saN-.
v
r .. w..... a.. • TRACT N0. 29129- 6 _
i ax. f - w+ rr SEWERh WATER ( YP. PUNS
r V°°'
APRRpvEO 9Tr-.aa
9ENCNveR+c v1EWSMNE GOVRT.
a¢ iiiiia: 'Iaia
f' Litt or MEYE7 Jas
p_

Page 87 of 156 ends

15.I

Page 1107 of 1297 ends
Page 88 of 156 ends

15.I

Page 1108 of 1297 ends

EL
SYMBOL M v

SYMBOL LIST
mWrnaKRA 10iTr'C LB. Qe LrdY(A IwdT{ eRwtsM dn( wAwOKI
gid nrer[ awr uc mumrs I ar
ny+q fAprrrm
n' fft mrsmw[t Ov u(w pR IOOIeS m/¢ AUrtS ram OIQIY
mWIR001 MIM®. 4m
S' Jalsl Oai/ 1eR [ rlAr [ ILL ( M'd 4/JA A'ia Rmr wu®
eps wrarwdwPR Rtaew. LrKr per wvrwwwot (+ do Kea me I wtwDr rr almal{ edcarR emL wwLr m ePareeter aewovmowma rwar anawnavLawwwwwwrw
IOWITwI rtwrA InAe awal[ wIe101 awrwwt lwrredII mlBl( Ira aApfYR awpC lwG IlLnArM p,
MYK
uQArmlIKlAwrwl
ewrtmAmpon
an Iedl
pDw rIC.K NeN,
aorr arwJs wuaw
oa[w melKrArrwM® LR ARrep auA Lln1eKm wrw war
Of7 OflrioGJ[ IR+-:nrsr.
9 I Io rE[ eloe lo mo t• I
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s nc[ onnnMRort O E7000O(. 7a
mmgt
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y aw. rY. 11 w[/ OM• Mrt / Aat• a/
m• IetltS tpn NMaYe IMe
i", . Rr
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W
IT EL7t.®© D©

LIGHTINGF ECHE
pir DESCslPT[ 011
t UIAWISI I
MUM
mKslatwm«e ner[ Lr[ e { Lr nw LE. D. mptr ww
lI W®{C
1 1Kw1e[ ia L [ YK wwiw

ABBREVIATIONS

GENERAL NOTES
um k N0e
t eec ao{ mwaJ v[ « Aps sxu ( wra unm AwswuK wna
wsow® asvui mwm wenAn
t Ramp 9lY[ Lr/ wL nndtr Neer we[' aldt mpKlN tOatAer ed/ LWY tow
awr Lrd
awR N.

W
Ino mwsrde A' JLft- wLe® B1MrI91Y1 L « Rn ar. 1ML101 N@ NOK oKlrr
A< ap( Ner
R daR
YM IIRIXr
M
aLY®
a
ueA!:
aaturw{ Ja+rrlr
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ralelL[
R
LLIwrMV U!
w
Maay. BLnO{ wK e{A
rswenrrc wn
NIR M• ia[ tC
Ivorm NAcar rIa w«r mor arae wewrea
LulmnrA i16 ie¢ rBLIt rOlp Dt r. wr LlCH ®B rrK 4IO1
Y MIKM, K>D wO. DF. MD Mr Nw
W IUN wA, tom' m
rlY
r1 Mwwt euro{ R{
Y«! rN® AW110Y f_
IAVit i w rwpsia wrMlwKnYnlLawlpKlQaEn < Oar / aK a Nr LwK m K AK IrdMUUOe[[ YrIN4w a rlupq MV®nK N1CAt JWLw wCi®

K MY(O ASO MYL
IOJ' ( lplAK f. waq bd nb 9Kr«K NWa RVK
pG.'. SKaKPfiNCP 9NLL wrrK fKnNr, K, I wOr m,uN w! . OICIf L
RL.e( ws{ e1KrL wRrt
rC weiwRMs w{ wwr'
McAW=
idmff wr
a_ wie om am
ni area
R
aa
OOm
as
oR
aw
bts
Lia
tlAYleas!
Me
duawtRa RlrsK mww Iw aur
v
wa wRt
vLrlPBer NLw
n Ike
pLW NA IXr wR wort
rser
A• m
W
W.
i
RWM i On
16w wll.
a tsa
RRRYrIR MKNL fir(
a vmrar
IR aaMwa
L wr wr(
Z
mmthe
rK
n LKr Kts
A
wsoLLesee{ rrppya//rreeLtLp prlApa 1 w OW lleflHf
wlK owl RldwMLrK Owle
RS9 aLLHaYE iD fIlDS
axo coweo nn, vxorzcmh eons ( ro aur w)
Pow ww
r lept
Law® rwar—+ r{ uwJ
EHOLWEaR —
J wP nr
r N'RJ lot
i Aew . ar'.!'( ro wn Asv raa1
STREET W% T & POLE

SEISMIC NOTES
x tawr MnA.n wA. rdrn ewwdt mansuu r[ Aaamw¢. OnK
YLe1[s mr rwr atOLprff nowwbt w51nsWK wuewa mr mU.
r. J- w. JRrY rrar stmnn«{ isxsc w' ewwr mnc alar
iortO' irnu isow not nwA+ rsmee awnceA n-. aew+ ta
OOLu¢ amnow eenr LLn vuv. mwareAr soar® dmrd Krte>
pm s( CIar.R AVfL rwfmdK wrrT rrow. aus ®c s' a' nn' a1 lRrnwt sC mMrwwrL, aaaK ACK 9wLLLMWwD trH
Lvleax Ayenp ff wcow swu atr w. K Ao[ ® u6ea+ s. aL OKon ICwL wd ' IXC M / efOlw t> R YJORa
A
mD mould Rwr anwmnw mn
wK meaKra rMrAr aaarMaR rd"
IaEf net MI
O Qaa Nw LPr
Ap ed maweaww wr
ww wear nuns mpm -+ v.. K aewr wu
wupewa ama rm - aa. p, K ro« wrx IDta
iLr wa erLut mwwr srw oa/
woos mrxrmr sou IwOK w. caa Ar
CYmAw169M! wR KLi1A1Q' ISa Me(! Qin n rnCR+
aK' wlertnfOFK a' rti% ff.
e m. u.p swuratrrA

KEYNOTE
aMrtwrNMrrMrbwneMt
Qi INraMlpw Acw ac w[ mOralrrR tar M¢
Qi udranr rrr+w Datta wort
OY® nlm NdrALt- I// yynC lC. mr[R t+mrinR!
Bfwl LYne ... t..r
OI LM mWSMel ( Nr rxaus
wwrra L« aMc
J4YOIa11 wtiv m[ MIpM"/. 9AR

FOUNDATION AND PULLBOX INSTALLATION
r Under round Service Alert ^,,, K,,,
v w,,, O, ,, r. o. ww;
SEAL rwsatn APPROVED
TRACT N0. 29129-8 9 '"`^ •^ ABDLANDS +„ / IKpees an{ dam wR— — 1\[// cal: lou rxEe ENOINEERWa STREET LIGHT PLAN J
coWPANY INC,
0L
2 --
y 1- 800 ( oe° n. 2l _
BENCRYAPo(
a_ srns.
if 227- 2600
nnrmo
AOMP
a'iawM ww..W rte AR - nnI- w. t/ x/
r
9 rIo nowaw Mx ( ORr rotw
Ooata.n wu R{
Rn r4 aMa[
0n eew
MOe . 4£_. CRY OF FIEMET

GENERAL NOTES
um k N0e
t eec ao{ mwaJ v[ « Aps sxu ( wra unm AwswuK wna
wsow® asvui mwm wenAn
t Ramp 9lY[ Lr/ wL nndtr Neer we[' aldt mpKlN tOatAer ed/ LWY tow
awr Lrd
w0] 695- a*R NFA-0IEY- I K W.-
o o(ewim,w]Y .. o.Ot vax!Sun uo
Ino mwsrde A' JLft- wLe® B1MrI91Y1 L « Rn ar. 1ML101 N@ NOK oKlrr
ar+twaraaueanN uxLc wawa mwerawrraauKp
aaItOPM. 4R1CK aIle N, ee
wlrfYry p
P NVa 1Lq wrdr L.Yr.J p, S1YQ, 61K
ILeI a RIX ( t(i6CW
m D[ wa:P lrt wq¢ ALLp
swwa Ar powww( e{e ezaLaNev maarMrer( wran
w.(' A[ An aas« l La/ LprRRAtltr Nell peK{I MW4MpK
dIDIL arra prao. ewe Lw[ w®
n KmYlElr10t
ultmnloJAWKTtl UAUBilp6
W@WK wrM9'
YrppO
r wKrel 9aY110I xeL IAswlTAawRv( mr ww enLn mnlde A'w
ANORwC It00rwort[ L[ LLpRKAOK
eallII IIP
w(
t wp9awWMw. ffeW[ R4mM/ IA9Sp Kp. MR
mrwaGlp Mwt ADD' K« ell6'rww ERe/p l6rwllW xuKsr
swame nddndt
lGwellll( wwawa I . 9nw lq' laar( IIMI( ADSSfafrmmR 1pwwalM A( KalNwK w/ w
lents pebbNw IvorCnLm s[bKNAcar aacr¢« rIa w«
rKnmorKalaarae ratawewrea trranauK
LulmnrA i16 ie¢ rBLIt rOlp Dt r. wr LlCH ®B rrK 4IO1
Y MIKM, K>D wO. DF. MD Mr Nw
W IUN wA, tom' m
wenn,9r s,« vrrldp AM wa[ mrCmrA maC aA mwKrwrer
rnn
w Rama owwamr art rrrx w+Mwox
larpF aaee' Ia Rxwa Mwa«fK twswv m+ n+.w
LwroK.a att oxvt nw1< Nan ma nc wIK ww
vww .w woes pMo swrraam u. m . 6m miKa. i w rwpsia wrMlwKnYnlLawlpKlQaEn < Oar / aK a Nr LwK m K AK IrdMUUOe[[ YrIN4w a rlupq MV®nK N1CAt JWLw wCi®

K MY(O ASO MYL
IOJ' ( lplAK f. waq bd nb 9Kr«K NWa RVK
pG.'. SKaKPfiNCP 9NLL wrrK fKnNr, K, I wOr m,uN w! . OICIf L ev miw Ar m' ww otm.' wdum rwbairar
rr teww dmcnK uvnws w. wrror swu mrPur wnK a[w
a«morinor aria IM°°[ uro
mrxrAt . awr. ur
S wp mle wJr mL/R wrA( A90w11Aw Mtlae' a+OM IOwK pld lreN lLKWFw6o® 6N1® mARS R dC MO CaWrN'
AMi WlRp
Ltrw®« nmw um tESK wr-AevKA
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SEAL rwsatn APPROVED
TRACT N0. 29129-8 9 '"`^ •^ ABDLANDS +„ / IKpees an{ dam wR— — 1\[// cal: lou rxEe ENOINEERWa STREET LIGHT PLAN J
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BENCRYAPo(
a_ srns.
if 227- 2600
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0n eew
MOe . 4£_. CRY OF FIEMET

Page 89 of 156 ends

15.I

Page 1109 of 1297 ends

T
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as
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dMrf
dna ELECTRICAL SITE PLAN
i Underground Service Aler}
CaU: LOLL fVEE
800
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SULL 11rraL[
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STREET UCH7 PIAN
a i t 221- 2600 e ANNOYED CP i I as m c
suw rn nn4
w to ncrlwa Pa s, 7•I CITY OT NE> rETE

Page 90 of 156 ends

15.I

Page 1110 of 1297 ends

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ELECTRICAL SPECIFICATIONS
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a NEYEl

Page 91 of 156 ends

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Page 1111 of 1297 ends

EXHIBIT " C"

SURETY BONDS AND OTHER SECURITY
TRACT MAP No. 29129- 8
As evidence of understanding the provisions contained in this Agreement, and of the Developer' s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

PERFORMANCE BOND PRINCIPAL AMOUNT: $ 887, 500. 00
Surety:

Attorney- in- fact:

Address:

LABOR & MATERIAL BOND PRINCIPAL AMOUNT: $ 887, 500. 00
Surety:

Attorney- in- fact:

Address:

CASH MONUMENT SECURITY:

Amount deposited per Cash Receipt No.

RIV #4836- 3917- 8284 v2. 1
17, 280. 00
Date:

SUBDIVISION IMPROVEMENT AGREEMENT

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PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO

ADJUSTMENT BASED ON FINAL CONTRACT PRICE
BOND NO.
4437553
INITIAL PREMIUM: $ 16, 313. 00

SUBJECT TO RENEWAL

CITY OF HEMET
TRACT MAP No. 29129- 8 IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet, California (" City") and . Jeffrey MDM Partners VII, LLC, a California limited liability company, (" Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, water systems, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 29129- 8 (" Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated June 9, 2020 (" Improvement Agreement');
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

SureTec Insurance
NOW, THEREFORE, Principal and company (" Surety"), a corporation organized and existing under the laws of the State of Texas , and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of eight hundred eighty seven thousand five hundred and 00/ 100 dollars ($ 887,500.00), said sum being not less than one hundred percent ( 100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

RIV # 4836- 3917- 8284 v2. 1 I SUBDIVISION IMPROVEMENT AGREEMENT

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

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terns of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

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

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Costa Mesa , this 22nd day of May Jeffrey MDM Partners VII, LLC SureTec Insurance Company Principal
At. EioPmtnh fvnp, Its
agrgEmbcurety
J
1 By: / By:

Its C D Attorney- n -Fact
print n me)
Vanessa Copeland, Attorney - in - Fact
print name)
sEt zNaLhLd L 1, Tcaoa 2
LDor U-21 Ctet, F, c2 L
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS

BY PRINCIPAL AND SURETY, AND A COPY OF

ATTORNEY TO LOCAL REPRESENTATIVES OF
COMPANY MUST BE A"1 TACHED TO THIS BOND.

OF EXECUTION

THE POWER OF

THE BONDING
RIV # 4836- 3917- 8294 %,11 2

SUBDIVISION IMPROVEMENT AGREEMENT

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

State of California
County of 02an29 )
On f10aA, Cjt7 before me, 1, 2ahi-to Arin nk,/A-iLP kkl&az4 P., r, i- r insert name and title of the officer)
personally appeared : F." Rr, 4 kcalvn y
who proved to me on the basis of atisfactory evidence to be the person(&) whose name( s.) is/ aye subscribed to the within instrument and acknowledged to me that he/stet' executed the same in his/ hed# ei-r authorized capacity( i& e), and that by his/ her# i+-+r signature( s) on the instrument the person( s4, or the entity upon behalf of which the persons) acted, executed the instrument.

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

WITNESS m hand and official seal.

ELIZABETHA.#

DOERFER
y COMM. 2252220
NOTARY PUBLIC • CALIFORNIA

ORANGE COUNTY
Comm. Exp. AUG. 3, 2022
Signature. n;, zi ( ivim IJ. ( Seal)

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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
A notary public or other officer completing this certificate verifies onk_ the identity of the individual who signed the document to which this certificate is attached and not the truthfulness. accuracy, or validity of that document.

State of California )
County of Orange -
Onbefore 5 me, __ Natassia Kirk -Smith Notary Public,
personally appeared Vanessa Copeland
Natne( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/thry executed the same in his/ her/their authorized capacity( ics), and that by his/her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
Q
NATASSIA KIRK - SMITH paragraph is true and correct.

Notary Public - California
Orange County
Comm.

Commission #
Expires Aug
2253818
12, 2022 WITNESS my hand and ocialf
a .,
Signat e: _
Signature of Nowy Pi is
Place Notary Seal Alwve
OPHONAr.-------------__________________---_------_
Though the information below is not required by law. it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document.

Description of Attached Document
Type or Title of Document:

Document Date:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Vanessa Copeland
Individual
Corporate Officer — Title( s): _
Partner: Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:

Signer Is Representing:

Number of Pages:

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

Individual
Corporate Officer — Title( s):

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

Signer Is Representing:
vn^v/v^fin^^uinv^%u^ h i1/^/.^^ v^V^v/^v//.h h ^^ n^v^/!/V^'/v/ ^ ^ VV// 1^ A^ vfv/ n % %^ h^ v/V/^^ %^ viY^ n%^ nnn\A .An.h n.

Rev. 1- 15

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POA #: 510006
SureTec Insurance Company

LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY ( the " Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Eric Lowey, Mark Richardson, Kevin Cathcart, Vanessa Copeland, Jennifer Grenrood, Arianna Slotemaker its true and lawful Attorney- in- fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/ 100 Dollars ($ 5, 000, 000. 00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:

Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey( s)- in- Fact to represent and act for and on behalf of the Company subject to the following provisions:

Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.

Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adopted at a meeting held on 20'h ofApril, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 2nd day of February A.D. 2020 .

VRANp SURETECr7
711PANY
S ,...........F
W X
By' —
w w D* John
State of Texes ss:

County of Harris
On this 2nd day of February , A.D. 2020 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.

XENIA CNAVFZ
Notary Public, Stale of Texas
1z Comm. Expires 09- 10- 2020
Notary i0 1291t? 659
Xe ' avez, Notary Public
commission expires September A020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. } / 1- __ Given under my hand and the seal of said Company at Houston, Texas Any instrument issued in excess of the penalty stated above is totally void and without any validity.

For verification of the authority of this power you may call (713) 812-0800 any business day between 8: 30 am and 5: 00 pm CST.

A. D.

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BOND NO. 4437553
INITIAL PREMIUM: $ 16, 313. 00

SUBJECT TO RENEWAL

CITY OF HEMET
TRACT MAP No. 29129- 8 IMPROVEMENTS

FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet California (" City") and Jeffrey MDM Partners VII, LLC, a California limited liability company (` Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, water systems, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 29129- 8 (" Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated June 9, 2020 (` Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referrccl to and incorporated herein by reference, and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any ofits subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 ( commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney' s fee in case suit is brought on the bond. and
SureInsurance
NOW THEREFORE Principal(" Surety"), Company any ( y ), a corporation organized and existing under the laws of the State of Texas and duly authorized to transact business under the laws ofthe State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of eight hundred eighty seven thousand five hundred and 00/ 100 dollars ($887, 500. 00), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns Jointly and severally, firmly by these presents.

RIV 44836- 3917- 8284 v2. 1 I SUBDIVISION IMPROVEMENT AGREEMENT

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THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

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

This bond is executed and filed to comply with Section 66499 et seg. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety, for value received, hereby stipulates and agrees that no change, extension oftime, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Costa Mesa this 22nd day of May 2020 Jeffrey MDM Partners VII, LLC SureTec Insurance Company Principal Surety
O8,—) o aopmtCrn0, i Is kn7 Mtwn
416
By: bOoc _ By: -
Its: C 04D Attorney- n - Fact \
JJEMQ& JA VA01hWnyprint n e)
SEE 2 R c%Lk Ed C2 t'• fcx24 id
t'oc t- Ctei C>ratk i F.ca {
Vanessa Copeland, Attorney - in -Fact
print name)
RIV 44836- 3917- 8284 v2. 1 2

SUBDIVISION IMPROVEMENT AGREEMENT

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Page 1119 of 1297 ends

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

State of California
County of
On ( Y' av ala, before me, l47; 3b l A A& I Q, n k,'242, insert name and title of the officer)
personally appeared 3. F.
who proved to me on the basis of*' atisfactory evidence to be the person( s) whose name4) is/tee subscribed to the within instrument and acknowledged to me that he/ shaAh-ay executed the same in his/ he4therr authorized capacity(+es), and that by his/Bair signature( e) on the instrument the person(, or the entity upon behalf of which the person(4) acted, executed the instrument.

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

WITNESS my hand and official seal
Signature 1E—V, k3K" 0'0,-V) IISLLVY16 91

ELIZABETH ANN DEINDOERFER
COMM. 1* 2252220
NOTARY PUILIC • CALIFORNIA

ORANGE COUNTY
Comm. Exp. AUG. 3, 2022
Seal)

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NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.

RIV 94936- 3917- 9294 %2. 1 3

SUBDIVISION IMPROVEMENT AGREEMENT

Page 101 of 156 ends

15.I

Page 1121 of 1297 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Orange )
On before me. Natassia Kirk -Smith Notary Public,
personally appeared Vanessa Copeland
Natne( s) of Siggner( s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ thrr executed the same in his/her/tlt6r authorized capacity(ics), and that by his/ her/their signature( s) on the instruinent the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the .foregoing
NATASSIA KIRK- SMrrN
k is true and correct.

Notary Public • California
paragraph
a. Oranse County
z
Commission 8 2253818
My Comm. Expires Aug 12, 2022 + WITNESS my hand and officia 1.

Signat e:

Signature of ublic
Place Notary Seal . Above

OPTIONAL
T'hough the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document.

Description of Attached Document
Type or Title of Document:

Document Date:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Vanessa Copeland
Individual
Corporate Officer — Title( s):

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

Signer Is Representing:

Number of Pages:

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

Individual
Corporate Officer — Title( s):

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

Signer Is Representing:

Rev. 1- 15

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POA #: 510006
SureTec Insurance Company

LIMITED POWER OF ATTORNEY
Know AM Men by These Presents, That SURETEC INSURANCE COMPANY ( the " Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Eric Lowey, Mark Richardson, Kevin Cathcart, Vanessa Copeland, Jennifer Grenrood, Arianna Slotemaker its true and lawful Attorney- in- fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/ 100 Dollars ($ 5, 000, 000. 00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made tinder and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:

Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey( s)- in- Fact to represent and act for and on behalf of the Company subject to the following provisions:

Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.

Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter axed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adopted at a meeting held on AY' of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affi : ed this 2nd day of February , A. D. 2020 . wl SURETEC CE PANY
G
SV,
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w w n John
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State of Texas ss: Vs
County of'. arris
On this 2nd day of February , A.D. 2020 before me personally •came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.

EEI
XEN{ A CHAVFZ
ry Public,
Expires
iv 129117
State
U9- 10-
ofT
2 Xe avez, Notary Public
commission expires September I , 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. __ Given under my hand and the seal of said Company at Houston, Texas this Any instrument issued in excess of the penalty stated above is totally void and without any validity.

For verification of the authority of this power you may call ( 713) 812- 0800 any business day between 8: 30 am and 5: 00 pm CST.

A. D.
659
Xe avez, Notary Public
commission expires September I , 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. __ Given under my hand and the seal of said Company at Houston, Texas this Any instrument issued in excess of the penalty stated above is totally void and without any validity.

For verification of the authority of this power you may call ( 713) 812- 0800 any business day between 8: 30 am and 5: 00 pm CST.

A. D.

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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

Document exempt from recording fees
pursuant to Cal. Gov. Code § 273 83)

CITY OF HEMET
Attn: City Manager
445 East Florida Avenue
Hemet, California 92543
RN 44836- 3917- 8284 v2. 1
2020- 0289196
07/ 02/ 2020 09: 03 AM Fee: $ 0. 00

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Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk - Recorder
Hall

THIS SPACE FOR RECORDER' S USE ONLY

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP No. 29129- 9
By and Between

THE CITY OF HEMET,
a municipal corporation
and
Jeffrey MDM Partners VII, LLC
a California limited liability company
Dated: June 9, 2020

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SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP No. 29129- 9
This Subdivision Improvement Agreement (" Agreement") is entered into as of this 9th day of June, 2020 by and between the City of Hemet, a municipal corporation (" City") and Jeffrey MDM Partners VII LLC, a California limited liability company (" Developer"). City and Developer are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."

RECITALS
A. Developer has submitted to City an application for approval of a final Tract Map for real property located within City, a legal description of which is attached hereto as Exhibit A". The Tract Map is identified in City records as Tract Map No. 29129- 9. On September 21, 1999 the City conditionally approved Tract Map No. 29129.

B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act (Government Code sections 66410 et seq.), Map Act") the City Ordinances, the conditions of approval for Tract Map No. 29129- 9, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

C. Pursuant to City Ordinances and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract Map No. 29129- 9.

D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499 — 66499. 10.

E. Pursuant to Government Code Section 66499, Developer' s execution of this Agreement and the provision of the security are made in consideration of City' s approval of the final map for Tract Map No. 29129- 9.

DEFINED TERMS
Developer" shall mean Jeffrey MDM Partners VII, LLC, a California limited liability company.

The term " Developer" shall also include all assignees, to the extent permitted under this Agreement, ofthe rights and obligations of Developer under this Agreement, and any successor - in -interest to Developer having a legal and/ or equitable interest in the Property.

Estimated Costs" shall mean the City Engineer' s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping.

Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or RIV # 4836- 3917- 8284 v2. 1 - I -

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proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys' fees, fees for investigators, witness fees ( both lay and expert), travel expenses, deposition and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable.

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

Property " shall mean the all of the real property contained within the boundaries of Tract Map No. 29129- 9 located in the City of Hemet, California, as is more particularly described in the legal description and parcel diagram attached hereto and incorporated hereby by reference at Attachment " A".

Public Improvements" shall include, but not be limited to, all grading, roads, streets, paving, curbs and gutters, sidewalks, paseos, pathways, trails, water systems, sanitary sewers, utilities, storm drains, detention and retention basins and other drainage facilities, traffic controls, landscaping, street lights and all other facilities required to be constructed and dedicated to the City or other public entity as conditions of approval of Tentative Tract Map No. 29129 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Tract Map No. 29129- 9. The Parties agree that the Public Improvements to be completed by Developer are more specifically described in the diagram or plan attached hereto and incorporated herein by reference as Attachment " B. Notwithstanding, Attachment " B", Developer shall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Tract Map No. 29129 a full copy of which is on file with and may be obtained from the Engineering Department of the City of Hemet.

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

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

Tract Map No. 29129- 9" shall mean the final map prepared and approved by the City for a unit of Tentative Tract Map No. 29129.

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

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

1. EFFECTIVENESS. This Agreement shall not be effective unless and until all four ( 4) ofthe following conditions are satisfied in the order provided:

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1. 1 Security. Developer provides City with the Security ofthe type and in the amounts required by this Agreement;

1. 2 Final Map and Agreement Approval. The City Council ofthe City (" City Council") approves the final map for Tract Map No. 29129- 9 and this Agreement;

1. 3 Record Agreement. Developer and City execute the Agreement and City records this Agreement in the Recorder' s Office of the County of Riverside; and

1. 4 Record Final Map. Developer records the final map for Tract Map No. 29129- 9 in the Recorder' s Office of the County of Riverside.

If the above described conditions are not satisfied in the order, manner and within the time provided under this Agreement, this Agreement shall automatically terminate without need of further action by either City or Developer.

2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its own cost, expense, and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water or sewer system.

Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

2. 1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

2. 2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer' s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or approval issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

2. 3 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee.

Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.

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2. 4 Ouality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2. 5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2. 6 Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation ofthe Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer' s surety for this Agreement.

2. 7 Other Obligations Referenced in Conditions of Tentative May Approval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit " D" hereto.

3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.

City shall not be responsible or liable for the maintenance or care ofthe Public Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person ofthe Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City' s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water systems, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer' s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall RN #4836- 3917- 8284 v2. 1 - 4-

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be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4. 1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within one year ( 12 months) following approval of the final map for Tract Map No. 29129- 9.

4. 1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12. 0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension( s). Developer' s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City' s reasonable discretion.

4. 2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer' s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

4. 3 Developer Obligations Do Not Terminate. Notwithstanding the construction schedule and option for extensions provided in Sections 4. 1 or 4.2, Developer' s failure to complete the Public Improvements or to otherwise satisfy all conditions of approval, or City' s non -extension of the time referenced in those sections shall not terminate or otherwise relieve the Developer of the obligation to complete the Public Improvements and conditions of approval and such obligations shall survive the term of this Agreement and shall survive until satisfied in full unless waived or modified by formal action of the City Council.

5. GRADING. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract Map No. 29129- 9 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City' s grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

In order to prevent damage to the Public Improvements by improper drainage or other hazards, the RIV # 4836- 3917- 8284 v2. 1 - 5 -

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grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12. 0 et seg. of this Agreement.

6. UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract Map No. 29129- 9 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City' s jurisdictional limits. All utilities shall be installed underground.

7. FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract Map No. 29129- 9, or as required by other governmental agencies having jurisdiction over Tract Map No. 29129- 9.

8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City ofthe Public Improvements and areas where construction ofthe Public Improvements is occurring or will occur.

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

9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney' s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

10. ACCEPTANCE OF IMPROVEMENTS; AS -BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are RIV # 4836- 3917- 8284 v2. 1 - 6 -

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complete, which shall not release or modify Developer' s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.

10. 1 Developer' s Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder' s Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.

10. 2 City Acceptance of Public Improvements. If Tract Map No. 29129- 9 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City' s acceptance or approval of any Public Improvements.

10. 3 Developer' s Obligation to Provide As -Built or Record Drawings.

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

11. WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one ( 1) year following completion of the work and acceptance by City. During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one ( 1) year period following City' s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer' s warranty obligation under this section shall survive the expiration or termination of this Agreement.

12. SECURITY; SURETY BONDS. Prior to City' s approval and execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below. The amount of the Security shall be based on the City Engineer' s Estimated Costs.

If City determines at any time prior to Developer' s completion ofthe Public Improvements under Section 4 [ Construction Schedule], in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer' s compliance with this provision ( Section 12. 0 et sem.) shall in no way limit or modify Developer' s indemnification obligation provided in Section 16. 0 of this Agreement.

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12. 1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 18. 0 et 5U. ofthis Agreement, and to secure Developer' s one- year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of five hundred thirty four thousand and 00/ 100 dollars ($534, 000. 00), which sum shall be not less than one hundred percent ( 100%) of the Estimated Costs.

12. 2 Partial Release. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 29129- 9, and the total remaining Security is not less than twenty- five percent (25%) of the Estimated Costs. All Security provided under this section shall be released at the end ofthe Warranty period, or any extension thereof as provided in Section 11. 0 ofthis Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 29129- 9.

12. 3 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of five hundred thirty four thousand and 00/ 100 dollars 534, 000. 00), which sum shall not be less than one hundred percent ( 100%) of the Estimated Costs. The Security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such Security shall be reduced by the total of all stop notice or mechanic' s lien claims of which City is aware, plus an amount equal to twenty percent ( 20%) of such claims for reimbursement of City' s anticipated administrative and legal expenses arising out of such claims.

12. 4 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best' s rating of no less than A:VIII, be a bank or insurance company licensed to transact surety business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney' s fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

12. 5 Form of Security. The evidence of the Security shall be provided on the forms set forth in Attachment " C", unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence ofthe Security shall be attached hereto as Attachment " C" and incorporated herein by this reference.

12. 6 Developer' s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to cooperate with City to facilitate City' s realization under any Security instrument, and to take no RIV # 4836- 3917- 8284 v2. 1 _ 8 _

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action to prevent City from such realization under any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment ofthe cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12.

13. MONUMENT SECURITY. Prior to City' s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract Map No. 29129- 9 in compliance with the applicable provisions of City' s Municipal and/ or Development Code (" Subdivision Monuments"), Developer shall deposit cash with City in the amount of seven thousand two hundred and 00/ 100 dollars ($ 7, 200. 00), which sum shall not be less than one hundred percent ( 100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization ofthe City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract Map No. 29129-

9. 14. LIEN. To secure the timely performance of Developer' s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections

12. 0 et seq. and 13. 0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer' s default on those obligations for which security has been provided pursuant to Sections 12. 0 et seq. and 13. 0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.

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

16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/ or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of RIV #4836- 3917-8284 v2. 1 - 9 -

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any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer' s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

17. INSURANCE.

17. 1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

17. 1. 1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $ 3, 000, 000 per occurrence for bodily injury, personal injury, and property damage.

17. 1. 2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $ 1, 000, 000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

17. 1. 3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $ 1, 000, 000 per occurrence, at all times during which insured retains employees.

17. 1. 4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $ 1, 000, 000 per occurrence, shall be procured and maintained for a period of five ( 5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.

17. 2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: ( a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or ( b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

17. 3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall RIV # 4836- 3917- 8284 v2. 1 - 10-

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contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.

17. 4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

17. 5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

17. 6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City.

17. 7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.

18. DEFAULT; NOTICE; REMEDIES.

18. 1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall commence the work required to remedy the default or violation within ten ( 10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Developer shall commence the required work within twenty- four ( 24) hours thereof.

Immediately upon City' s issuance of the demand to remedy the default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 9. 0 of this Agreement.

18. 2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/ or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City' s RIV I14836- 3917- 8284 v2. 1 -
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right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City' s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

18. 3 Other Remedies. No action by City pursuant to Section 18. 0 et secl. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

19. GENERAL PROVISIONS.

19. 1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

19. 2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

19. 3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation ofthis Agreement, the language ofthis Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

19. 4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

CITY:

City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
RIV # 4836- 3917- 8284 v2. 1 - 12-

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DEVELOPER/ OWNER:

Jeffrey MDM Partners VII, LLC, a California
limited liability company
27132B Paseo Espada # 1226
San Juan Capistrano, CA 92575
Attn: Jeffrey L. Holbrook
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by U. S. Mail first class postage prepaid, as of 72 hours after deposit in the U. S. Mail.

19. 5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

19. 6 Waiver. City' s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City' s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City' s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.

19. 7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City' s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.

19. 8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

19. 9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

19. 10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

19. 11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or RIV #4836- 3917- 8284 v2. 1 - 13 -

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

19. 12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.

19. 13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract Map No. 29129- 9, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer' s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

19. 14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

19. 15 Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Developer.

RIV 44836- 3917- 8284 v2. 1 - 14-

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written.

CITY OF HEMET
By:

City Manager
ATTEST:

Clay mes, e uty City Clerk

APPROVED AS TO FORM
By:

Eric S. Vail, City Attorney

SUBDIVIDER/ OWNER
Jeffrey MDM Partners VII, LLC, a California limited liability company By DBJ Development Corp., Its M11naging Member
sEt6HOLV* E ta(ACQOe
By: 4Z
Jeffrev . H br ok, Vice President / CFO
NOTE: DEVELOPER' S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER' S
BUSINESS ENTITY.

RIV #4836-3917- 8284 v2. 1 - 15 -

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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
OnPA i"u
ate, 204DO before me, Ani) &),nn. cfiF p a Notary public, personally appeared Aol my -
who proved to me on the basis of satisfactory evidence to be the personH whose names(*) is/era subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/her444r authorized capacity( ies), and that by his/ hen4heir signature(s},on the instrument the personfs}, or the entity upon behalfofwhich the person( o acted, executed the instrument.

I certify under the PENALTY OF PERJURY under the laws of the Nor
ANN DEINDOERFER State of California that the foregoing paragraph is true and correct.

COMM. # 2252220
LComnm
PUBLIC • CALIFORNIA WITNESS my hand and official seal.

ANGE COUNTY
Exp AUG. 3, 2022

SIGMWTUR E OFF NOTARY)

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE( S)

PARTNER( S) LIMITED

GENERAL NUMBER OF PAGES

ATTORNEY- IN- FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR

OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:

NAME OF PERSON( S) OR ENTITY(IES)) SIGNER( S) OTHER THAN NAMED ABOVE RIV #4836-3917-8284 v2. 1

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EXHIBIT " A"

LEGAL DESCRIPTION OF PROPERTY
TRACT MAP No. 29129- 9
The land referred to herein below is situated in the City of Hemet, in the County of Riverside, State of California, and is described as follows:

Portion of Lot 6 and Lettered Lots " RR", " SS" and " TT" of Tract No. 30261 as shown by Map on file in Book 322 of Maps, Pages 97 through 109, inclusive, in the Office of the Riverside County Recorder
RIV #4836-3917-8284 v2. 1 I

SUBDIVISION IMPROVEMENT AGREEMENT

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EXHIBIT " B"

LIST OF PUBLIC IMPROVEMENTS
TRACT MAP No. 29129- 9
As provided in his Agreement, Developer shall construct or cause to be constructed all of the Public Improvements identified in the plans listed below:

STREET IMPROVEMENT PLAN ( Tract No. 29129- 9) dated 2/ 23/ 2006 consisting of 3 sheets prepared by James W. Unland & Associates under the supervision of Chris D. Hopper ( RCE C34821) signed 4/ 21/ 2006 and approved by City 5/ 8/ 2006 to include all approved revisions hereinafter until accepted by City.

STREET LIGHT PLAN ( Tract No. 29129- 9) dated 5/ 18/ 2005 ( Revision 1 dated 2/ 19/ 2020) consisting of 3 sheets prepared by Redlands Engineering Company under the supervision of Gerald E. McAllister ( REE E16160) signed 4/ 26/ 2005 and approved by City 5/ 18/ 2005 to include all approved revisions hereinafter until accepted by City.

SEWER & WATER IMPROVEMENT PLAN ( Tract No. 29129- 9) dated 4/ 3/ 2006 ( Revision 1 dated 2/ 20/ 20209) consisting of 3 sheets prepared by James W. Unland & Associates under the supervision of Chris D. Hopper ( RCE C34821) signed 4/ 5/ 2006 and approved by City 5/ 8/ 2006 and EMWD 4/ 11/ 2006 to include all approved revisions hereinafter until accepted by City and by EMWD.

Originals of all approved plans are on file in the City Engineer' s Office.

INSERT REDUCED SCALE COPY, 8 %. X 11, OF
APPROVED PLANS AFTER THIS SHEET]
RIV #4836- 3917- 8284 v2. 1 I

SUBDIVISION IMPROVEMENT AGREEMENT

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SEWER WATER IMPROVEMENT PLANS
0 TRACT NO. 29129-9

CITY OF HEMET
1RACT Q1/ .

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INDEX MAP

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NOTIFICATIONS
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APPROVED BY
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EXHIBIT " C"

SURETY BONDS AND OTHER SECURITY
TRACT MAP No. 29129- 9
As evidence of understanding the provisions contained in this Agreement, and of the Developer' s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

PERFORMANCE BOND PRINCIPAL AMOUNT: $ 534, 000.00
Surety:

Attorney- in-fact:

Address:

LABOR & MATERIAL BOND PRINCIPAL AMOUNT: $ 534,000. 00
Surety:

Attorney- in- fact:

Address:

CASH MONUMENT SECURITY.

Amount deposited per Cash Receipt No.

RIV #4836-3917-8284 v2. 1
7, 200. 00
Date:

SUBDIVISION IMPROVEMENT AGREEMENT

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BOND NO. 4437552
INITIAL PREMIUM: $ 11, 010. 00

SUBJECT TO RENEWAL

CITY OF HEMET
TRACT MAP No. 29129- 9 IMPROVEMENTS

FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet California (" City") and Jeffrey MDM Partners Vii, LLC, a California limited liability company (" Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 29129- 9 (" Public improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated June 9, 2020 (" Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference: and
WHEREAS, Principal is required to furnish a bond in connection with the improvement Agreement providing that ifPrincipal or any ofits subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 ( commencing with section 3082) of Part 4 of Division 3 ofthe California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney' s fee in case suit is brought on the bond.

SureTec Insurance
NOW, THEREFORE, Principal and Company (" Surety"), a corporation organized and existing under the laws of the State of Texas and duly authorized to transact business under the laws ofthe State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of five hundred thirty four thousand and 00/ 100 dollars ( S534, 000. 00), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns Jointly and severally, firmly by these presents.

RIV 44936- 3917- 8284 Q. 1 I SUBDIVISION IMPROVEMENT AGREEMENT

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THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

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

This bond is executed and filed to comply with Section 66499 et seg. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give aright of action to them or their assigns in any suit brought upon this bond.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Costa Mesa this 22nd day of May 2020 Jeffrey MDM Partners VII, LLC SureTec Insurance Company Princippal_ urety
g : Odd OEoetopr t- r Ceap, T+s maa 49* t" l -
By: l By:

Its: VAtUt_orney1--Fact
ti etiu lrb(tnrzmlL.
print n e)
SEs` R. totci' C4Ise en -'a
ccogt 1 taf f:a'bX•tdtt
Vanessa Copeland, Attorney - in - Fact
print name)
RIV # 4836- 3917- 8284 %2. 1 2SUBDIVISION IMPROVEMENT AGREEMENT

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

State of California
County of nam )
On f0Au Aa. Od before me, ' 21tIAbleUd Aviv KV -iLZW Poblic insert name and title of the fficer)
personally appeared
who proved to me on the basis of tatisfactory evidence to be the person(&) whose name( e) is/ ate subscribed to the within instrument and acknowledged to me that he/&h4A4&y executed the same in his/ hafA4ejf authorized capacity(), and that by his/ 4ei4t4e4 signature(,,,} on the instrument the person( s-, or the entity upon behalf of which the persons) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
m0TAftVPUKjC

NDOERFER
WITNESS my hand and official seal. 2220
Signature ( Seal)

AUFORMA
3, 2022
n

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NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS

BY PRINCIPAL AND SURETY, AND A COPY OF

ATTORNEY TO LOCAL REPRESENTATIVES OF
COMPANY MUST BE ATTACHED TO THIS BOND.

OF EXECUTION

THE POWER OF

THE BONDING
RIV 44836- 3917- 8284 Q. 1 1 SUBDIVISION IMPROVEMENT AGREEMENT

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
iVV I / VVV VVVV ` VVVV/ VVVVVVV VVVa/ VVVVVV/` JVV i' V` V`/ VVVVVV VV VV/ VVV / VV / V \/V // YVV' V / W /`/ V V V V V V/ /`.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness. accuracy_ or validity of that document.

State of California )
County of Orange )
On -- before me, Natassia Kirk - Smith . Notary Public, personally appeared Vanessa Copeland
Natne( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/their authorized capacity(ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted. executed the instrument.

I certifv under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
NATASSIA KIRK•SMIH paragraph is true and correct.

Notary Public - California
Orange County P
Commission 92253818 WITNESS my hand and official s My Comm. Expires Aug 12, 2022 Signatu :

Sigraature ofNotaryi is
Place Notary Seal Above
OPHONAI.

Though the information below is not required by law. it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document.

Description of Attached Document
Type or Title of Document:

Document Date:

Signer( s) Other Than Named Above:

Capacity(ies) Claimed by Signer( s)
Signer' s Name: Vanessa Copeland
Individual
Corporate Officer — Title( s).-
El
itle( s):

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

Signer Is Representing:

Number of Pages:

Capacity( ies) Claimed by Signer( s)
Signer' s Name:
individual
Corporate Officer — Title( s):

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

Signer Is Representing:

Rev. 1- 15

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POA is: 510006
SureTec Insurance Company

LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY ( the " Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Eric Lowey, Mark Richardson, Kevin Cathcart, Vanessa Copeland, Jennifer Grenrood, Arianna Slotemaker its true and lawful Attorney- in- fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/ 100 Dollars ($ 5, 000, 000. 00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, seated with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:

Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey( s)- in- Fact to represent and act for and on behalf of the Company subject to the following provisions:

Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attorney - in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.

Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adopted at a meeting held on 20' x' of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 2nd day of February , A.D. 2020 . aarvO

SURETEC CE PANY
IL : 3 By:
w w $ John K/
State of Texas ss: 7`., / /
County of' lairis
s.................

On this 2nd day of Februaiy , A.D. 2020 before me personally/ came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he rosides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument, that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.

EL

XENIA CNAVFZ
otary Public, State of Texas
omm. Expires o9- 10- 2020
Jotary iD 12911? 659
Ken' avez, Notary Public
commission expires September 1, 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. ? Given under my hand and the seal of said Company at Houston, Texas this,;2+'-1. et- day o
n b
V /Z
1 , ,
A.D.

I
Br t eaty, Assi tant Secreta
Any instrument issued in excess of the penalty stated above is totally void and without any validity.

For verification of the authority of this power you may call (713) 812- 0800 any business day between 8: 30 am and 5: 00 pm CST.

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PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO

ADJUSTMENT BASED ON FINAL CONTRACT PRICE
BOND NO. 4437552
INITIAL PREMIUM: $ 11. 010. 00
SUBJECT TO RENEWAI.

CITU OF HEMET
TRACT MAP No. 29129- 9 IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet, California (" City") and Jeffrey MDM Partners Vii, LLC, a California limited liability company, (" Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, water system, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 29129- 9 (" Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated June 9, 2020 (" Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

SureTecInsurance
NOW, T1 IEREFORE, Principal and Company (" Surety"), a corporation organized and existing under the laws ofthe State of Texas , and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of five hundred thirty four thousand and 00/ 100 dollars ($534, 000. 00), said sum being not less than one hundred percent ( 100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and rernain in full force and effect.

RIV # 4836- 3917- 8284 v2. 1 1 SUBDIVISION IMPROVEMENT AGREEMENT

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

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

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

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Costa Mesa , this 22nd day of May , 2020 Jeffrey MDM Partners VII, LLC SureTec Insurance Company Princippal Surety
kl, Dtau or` opmEgtccmP; Its nZg,-, y n" bte 1
By: By:

Its: Attorney - n -Fact
r12 V_ V-jpl lo2Vanessa Copeland, Attorney- in- Faci
print na e) ( print name)
LboSE, 2 Ctii1t• r
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL. REPRESENTATIVLS OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.

RIV 94836- 3917- 8284 v2. 1 2

SUBDIVISION IMPROVEMENT AGREEMENT

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

State of California
County of b2 4n InOn ,, lb aa before me, Pb
insert name and title of the officeiq
personally appeared J bfF2k-' j 6011%'J -re
who proved to me on the basis of satisfactory evidence to be the person(.$) whose name(.&) is/ ate subscribed to the within instrument and acknowledged to me that he/ y -executed the same in his/ I; Qd authorized capacity(+es.), and that by his/ 4@4# H,-4 signature( e} on the instrument the person( -sr), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WINIOTARYTH ANN DEINDOERFER
WITNESS my hand and official seal. OMM. # 2252220
PtIBI IC CALIFORPgAn
RANGE COUNTY.

Ex . AUG. 3, 2022
Signature Seal)

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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
iii. i'/ /%'.'' f% V/"i'./ iV A'J'./Y`J F fVVVV/ YYYY/ YY'JYYY' VY I.'/ lV/ V`./`./ VVYVY' YYVVY/ YYYYYYYY'./VYYYYVVVV VVYV YYY`.

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

State of California )
County of Orange _ )
On OU before me, Natassia Kirk -Smith . Notary Public,
personally appeared Vanessa Copeland
Natne( s) of Siguer( s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/their authorized capacity( ics), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted. executed the instrument.

NATASSIA KIRK• SM1TH
Notary Public - California
Orange County
Commission N 2253818
My Comm. Expires Aug 12, 2022
Place Notary seal Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official
Signatur
Sigiu3tureUor Nt- a clic

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

Description of Attached Document
Type or Title of Document:

Document Date:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Vanessa Copeland
Individual
Corporate Officer - Title( s):

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

Signer Is Representing:

Number of Pages:

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

Individual
Corporate Officer - Title( s):

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

Signer Is Representing:
n i'. % -^ Y.lnr %TIv JV. / / / VVV/Y/ nr// nv/ n /• n / %. v// nen / n r / n: / n Arn%./ / nr fi^ nn1_1_1YW,h , ^ VW/ n/ h//`'WYn _ ^ - W^ Rev. 1- 15

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POA o: 510006
SureTec Insurance Company

LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY ( the " Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Eric Lowey, Mark Richardson, Kevin Cathcart, Vanessa Copeland, Jennifer Grenrood, Arianna Slotemaker its true and lawful Attorney- in- fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/ 100 Dollars ($ 5, 000, 000. 00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:

Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey( s)- in- Fact to represent and act for and on behalf of the Company subject to the following provisions:

Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.

Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adopted at a meeting held on 20' x' of April, 1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 2nd day of February , A.D. 2020 .

V9AAIC

SURETEC CE PANY
5,,... FC
X
By:

W 1 W i yI John K Jr., C
State of Texas ss:

County cf Harris /
On this 2nd day of February , A.D. 2020 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.

E,
Ip,, XENIA CHAJEZ
Notary Public, State of Texas
e Comrn. Expires 09- 10- 2020.-+``
C* Notary i^u 129117659
Xe avez, Notary Public
JW commission expires September 1 , 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.

Given under my hand and the seal of said Company at Houston, Texas this 01iday of , A.D. 9V
Br t eaty, Assi tans Secreta
Any instrument issued in excess of the penalty stated above is totally void and without any validity.

For verification of the authority of this power you may call ( 713) 812- 0800 any business day between 8: 30 am and 5: 00 pm CST.

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 City of Hemet – Final Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 19-006 – SUNDANCE III STONEY MOUNTAIN

Page 1 of 13 ends

CITY OF HEMET
FINAL

CONDITIONS OF APPROVAL
PLANNING COMMISSION DATE: November 5, 2019
PROJECT NO.: Site Development Review No. 19-006 Tentative Tract Map No. 29129
OWNER/APPLICANT: Jeffrey MDM Partners VII, LLC
LOCATION: South side of Esplanade Avenue, east of Warren Road and west of Cawston Avenue
TRACTS: 29129-7, 29129-8, 29129-9 & 29129-1
OCCUPANCY: This project has been reviewed as a/an R-1 Occupancy; any other use will require further review.

Note: Any conditions revised at a hearing will be noted by strikeout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition.

STANDARD CONDITIONS
The following conditions of approval were approved by the City Council (Resolution No. 3523) as standard conditions of approval for all projects. Questions regarding compliance with these conditions should be directed to the Planning Department at (951) 765-2375.

General Requirements:

1. Site Development Review No. 19-006 shall become null and void on November 5, 2021 (two calendar years from the date of Planning Commission approval), unless use in reliance on the Site Development Review is established prior to the expiration date. A time extension may be granted by the Planning Commission in accordance with Hemet Municipal Code, provided a written request for a time extension is submitted the Planning Division prior to the expiration date. No formal notice of expiration will be given by the City.

2. Approval of Site Development Review No. 19-006 shall become effective on November 19, 2019 unless it is appealed to the City Council by November 18, 2019 (10 calendar days after action by the Planning Commission). The appeal shall be in writing and shall be accompanied by the required fee.

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 City of Hemet – Final Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 19-006 – SUNDANCE III STONEY MOUNTAIN

Page 2 of 13 ends

3. The conditions of approval of this project shall supersede all conflicting notations, specifications, dimensions, typical sections, and the like, which may be shown on the tentative project plans.

4. This project site shall be developed in accordance with the approved plan(s) and the conditions contained herein.

5. This project shall comply with all sections of the Zoning Ordinance, Subdivision Ordinance and all other applicable Local, State and Federal laws and regulations in effect at the time of the building permit application and/or time of recordation.

6. The applicant shall be subject to all applicable development fees at the rate in effect at the time of building permit application. Such fees may include, but not be limited to: Development Impact Fees, Park Fees, School Fees, Master Plan Storm Drainage Fees, Transportation Uniform Mitigation Fees, Permit and Plan Checking Fees, Water and Sewer Service Fees, Capital Facility Fees, Multiple Species Habitat Conservation Plan and Stephen’s Kangaroo Rat Fees.

7. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in defense of the Action.

Subdivisions:

8. The developer shall install U.S. Postal Service approved neighborhood mailboxes prior to occupancy.

PLANNING DEPARTMENT CONDITIONS

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 City of Hemet – Final Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 19-006 – SUNDANCE III STONEY MOUNTAIN

Page 3 of 13 ends

Please contact the Planning Division for compliance with the following conditions:

Site Development

9. The conditions of approval of this project shall be completed in addition to the underlying conditions of approval for Tentative Tract Map No. 29129 approved by the Planning Commission on September 21, 1999 (Resolution No. 99-38).

10. Prior to the issuance of a Certificate of Occupancy for the affected lots noise attenuation walls, at least six (6) feet in height, shall be installed along the property lines adjacent to the open space area along the western portion of the site.

11. All requirements of the Development Guidelines for this Neighborhood Planning Area shall be met. In the case of the rear adjacent to open space, street side and side-return fencing, the requirement shall be six (6) foot masonry walls.No cap piece atop the wall is required only a rounded cement/mortar finish.

12. The interior fencing shall consist of wood or vinyl fencing, with the exception on the corner lots and wall returns that require decorative block wall construction.

13. Prior to the close of escrow for each residential lot, the builder shall have the buyer sign an acknowledgement statement indicating that the buyer is:
a. Aware that the subject lot is adjacent to an existing rural residential area on the west and nearby an existing dairy on the east; that the uses and zones were existing; and that these adjacent properties and uses are legal uses and have prior rights.
b. Aware that the property is adjacent to a potential State Highway 79 alignment which could be developed as a six (6) land freeway generally along Warren Road alignment.
c. Aware that the property is adjacent to open space and must meet the requirements of the Wildland Interface Ordinance.

14. The Community Development Director shall have the authority to adjust up to 20% of the home plot plans.

15. Each home shall include a minimum 10 foot by 10 foot, or eight (8) foot by 12 foot patio area, or alternative patio area acceptable to the Planning Commission outside of the required setback area for each home plotted.

16. At the issuance of building permits for lots located in Tract Nos. 29129-8 and 29129-9, the Planning Division shall review the proposed plotting for conformance

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 City of Hemet – Final Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 19-006 – SUNDANCE III STONEY MOUNTAIN

Page 4 of 13 ends

with the single family design guidelines, the Stoney Mountain Ranch Development Guidelines (Resolution No. 3439) and the Single Family Zone.

17. All corner lots shall provide enhanced street side elevations to be reviewed and approved by the Community Development Director.

18. All stone, brick or other material accents on the front elevations shall return to the side elevations at a minimum of three feet.

19. Exterior vents on side and rear elevations shall match the decorative front vents.

Landscaping

20. Landscaping plans shall show planting for all slopes over five (5) feet in height and shall show the location of all walls throughout the subdivision.

21. All public areas are to be landscaped interior and exterior to the subdivision, including, but not limited to the bollard areas in each neighborhood and the Wildland Interface Area. All public areas shall be in the Lighting and Landscape Maintenance District (LLMD) and may include, but not be limited to the public park, the retention basin, and exterior subdivision walls, landscaping, and the Wildland Interface Area.

22. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, disease, vermin, and debris, during the term of this project.

23. All graded slopes, over three (3) feet in vertical height, and/or on slopes graded to a 2:1 or greater ratio shall be seeded, planted, mulched or hydro seeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for nonnative vegetation.

24. This project shall comply with the landscape design requirements outlined in the City’s Single Family Residential Design Guidelines approved by the City Council on February 25, 2003 (CC Resolution No. 3960).

25. The applicant shall provide a disclosure notice to each prospective buyer and to each new property owner within this subdivision. The disclosure notice shall be recorded against all properties within this subdivision which states the following:
a. The property owner is aware of any required financing mechanisms for the subdivision project such as Landscape-Lighting & Maintenance District (LLMD), Landscape-Lighting & Parks Maintenance District (LLPMD) or Conditions, Covenants and Restrictions (CC&R’s).
b. The property owner is responsible for the irrigation of parkway landscaping adjacent to their home as well as any landscaping adjoining their exterior side yard. Any lack of landscape/irrigation maintenance is subject to code violation actions.

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26. Prior to the issuance of a Certificate of Occupancy or finalization of the Building Permit, landscaped areas shall have an automatic irrigation system, with automatic timers, installed and operational, unless cash or a bond is posted to guarantee completion.

27. A one-year Faithful Performance bond shall be posted to guarantee installation, plant health, and established growth prior to the issuance of occupancy permits.

The bond may be reduced by the City after installation has been approved.

28. All interior residential streets shall have parkways adjacent to curb. Street trees shall be planted at a minimum of one (1) tree for every 40 feet of street frontage in accordance with City guidelines. Parkway areas within the public R-O-W shall include the installation of ground cover (planted a minimum of 12-inches oncenter) or turf and the installation of automated irrigation. Maintenance of the street trees shall be through a Lighting & Landscaping Maintenance District (LLMD) or alternative maintenance mechanism acceptable to the City.

29. All public landscaped areas shall be maintained by the developer for a minimum of one-year to assure continued growth and health. Continued maintenance of public areas shall be guaranteed by establishment of a home owners association or alternative mechanism approved by the Planning Director.

30. The developer shall provide as indicated in the typical front yard landscaping with a drought tolerant landscaping plan for landscaping on and offsite improvements.

Additionally, provide breakdown for the landscape area square footage, percent landscape lot coverage, and percent landscape in parking lot area.

31. All corner lots shall provide enhanced street side landscaping to be reviewed and approved by the Community Development Director.

32. Block walls or fencing constructed adjacent to street side yards shall have a minimum landscape area of 2.5 feet between the planting of vines and shrubs adjacent to the street side yard wall.

MODEL HOME COMPLEX

33. Signs are not approved as part of this subdivision Project. Signs, in accordance with the Zoning Ordinance, may be approved at a later time prior to the issuance of sign permits.

34. Prior to the issuance of a building permit for model home use, the applicant shall provide a copy of the executed Agreement for Model Home Construction to the Planning Department, including bonding for temporary improvements.

Operational Characteristics

35. All trap fencing shall be constructed of 42” high 3 rail vinyl equestrian style or

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other acceptable material with access/emergency gates provided.

36. All access gates for drive-thru purposes shall be provided with a “knox lock” or “knox paddock” for emergency access subject to Fire Department approval.

37. The design of the parking lot shall be approved by the City Engineer and Building Official prior to construction providing required disabled access to the Model Home Complex and restroom facility. Designate the 4' path of travel to the restroom facility. Said parking areas shall be double striped to City standards.

38. Prior to the issuance of the Certificate of Occupancy for model home/sales office use, complete tenant improvement plans at a ¼" scale shall be submitted to, and approved by, the Building Official.

39. Prior to the issuance of the Certificate of Occupancy for residential use, all temporary improvements shall be removed to the satisfaction of the Building Official.

40. Prior to the issuance of the last Certificate of Occupancy for the production homes, all model homes shall be converted from a model to a single-family residential dwelling unit. This conversion includes but is not limited to any interior modifications used to accommodate the model home, the garage area, and any other spaces that are used for model home purposes.

41. The City of Hemet has an exclusive Franchise Agreement with CR&R Inc. to collect and dispose of all waste including commercial, residential and construction debris within the City of Hemet. Contact CR&R at 1-800-755-8112 to help you meet your waste reduction goals.

Landscaping and Fencing

42. Landscape and irrigation plans for the Model Home Complex shall be submitted to and approved by the Community Development Director prior to issuance of a certificate of occupancy.

43. All permanent rear yard and side yard fencing shall be constructed in its ultimate design according to City standards and the Single Family Residential Design Guidelines.

Signage

44. Construction traffic shall be directed via appropriate signage to an alternate entrance from the models.

45. All model flagpoles shall be placed in accordance with Section 90-1275(b)(2) of the Hemet Municipal Code and shall pay all applicable fees and permits.

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46. All signs shall be placed outside the corner cut-off areas for visibility.

47. All temporary signage is required to obtain a temporary sign permit from the Planning Division and a Building Permit, if required.

BUILDING DEPARMENT CONDITIONS

48. At least 1 accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones; to the accessible building or facility entrance they serve. The project architect shall state on the building plans that ADA accessibility is to ADA standards.

Grading

49. Prior to any clearing, grading and/or construction, the applicant shall install a temporary six (6) foot high chain link fencing to separate the areas proposed to be graded from the areas proposed to be in open space and/or park.

50. Burrowing owls were detected on-site. They are protected under the MBTA which stipulates that occupied nesting habitat are not to be disturbed during breeding season (March to August). In addition, the California Fish and Game Department prohibits the take of owls. A preconstruction survey prior to the nesting period is required to determine the presence of burrowing owls. If owls are present, and impacts to the owls cannot be avoided, mitigation measures required by the California Department of Fish and Game shall be followed.

BUILDING DEPARTMENT CONDITIONS
The following conditions of approval are project specific and were recommended by the Building Department. Questions regarding compliance with these conditions should be directed to the City of Hemet Building Department at (951) 765-2475.

51. All new structures shall be designed in conformance to the latest design standards adopted by the State of California in the California Building Standards Code, Title 24, California Code of Regulations (CBC, CEC, CMC, CPC and Green Building Standards) and City of Hemet Ordinances including requirements for allowable area, occupancy separations, fire suppression systems, etc. Smoke detectors shall be installed in accordance with California Building Code, Section 1210.12.

52. The electrical, plumbing and mechanical systems shall be in accordance with applicable adopted codes.

Agency Approvals:

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53. The proposed project will be subject to approval by the Eastern Municipal Water District and all applicable fees and charges shall be paid to the District prior to permit issuance. Contact the water district at 951.928.3777 for specific details. a. Approval (First Release) from Eastern Municipal Water District (EMWD) will be required prior to permit issuance.
b. Approval (Final Release) from Eastern Municipal Water District (EMWD) will be required prior to permit final.

General:

54. The proposed new development may be subject to the payment of School Fees as required by law. The applicant is required to submit a Certificate of Compliance from the school district(s) to obtain building permits from the City.

55. Permit fees shall be paid in accordance to the City’s adopted fee schedule at the time of building permit is issued.

56. Separate permits are required for all fences, walls, paving, signage, trash enclosure and any other work not included in your original submittal.

57. Prior to issuance of a Certificate of Occupancy, the applicant shall pay all development fees, including but not limited to Development Impact Fees (DIF) per City of Hemet Municipal Code; Multi Species Habitat Conservation Plan (MSHCP). Said fees shall be collected at the rate in effect at the time of fee collection as specified by the current City of Hemet Council fee resolutions and ordinances.

58. All contractors must show proof of State and City licenses, and workmen’s compensation insurance to the City prior to the issuance of permits.

59. A legal address assigned by the Building Division will be required prior to submittal of any plan check documents to the Building Division. Please coordinate directly with Building for required application, fees, and documentation required. This address must be posted on the site at all times.

60. Construction activity shall only occur between the hours of 6:00 a.m. and 6:00 p.m. during the months of June through September and between the hours of 7:00 a.m. and 6:00 p.m. during the months of October through May. Saturday construction shall be permitted between the hours of 7:00 a.m. and 6:00 p.m.

Sunday construction shall be prohibited. Exceptions to these standards may be granted only by the Hemet Building Official and/or the Hemet City Council.

61. All new structures shall be designed in conformance to the latest design standards adopted by the State of California in the California Building Standards Code, Title 24, California Code of Regulations (CBC, CEC, CMC, CPC and Green Building Standards) and City of Hemet Ordinances including requirements for allowable area, occupancy separations, fire suppression systems, etc.

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62. Roofing materials shall be Class A. CMC 15.07-070

63. Fire Resistance Rating of Exterior walls shall be based on CBC Table 602

64. Provide occupancy separation(s) in the building(s) per CBC Table 508.4. The following building(s) are affected: dwelling to garage

65. Submit five (3) complete sets of architectural plans and/or 3 sets of booklets if the following documents are applicable to your project: DRC Comments, mitigation Monitoring Reporting Plans or Conditions of Approval.
a. Plot Plan
b. Foundation Plan
c. Floor Plan
d. Structural Framing Plan
e. Green Building Compliance Plan and Documentation
f. Energy Compliance Plan including compliance and mandatory measures forms.
g. Electrical Plans, including size of main switch, number and size of service entrance conductors, circuit schedule and demand load.
h. Plumbing and sewer plan, isometric, including underground diagram, water piping diagram, sewer or septic tank location, fixture units, gas piping and vents, heating and air conditioning diagram. i. Mechanical Plan including duct layout and sizing.

66. If your project is required to have a Mitigated Negative Declaration, the Mitigation Monitoring Plan compliance shall be printed in booklet form and submitted in equal numbers as architectural sets. All features shall be clearly identified on the plans.

67. Landscape and Irrigation plans: Submit four (4) complete sets detached from building plans.

68. If your project is required to have a Noise Study, the compliance forms shall be printed in booklet format and as part of the architectural submittal set. All features shall be clearly identified on the plans.

69. Submit two (2) sets of structural calculations, energy conservation calculations and soils reports. Architects/Engineers stamp and wet signature is required prior to submittal of plan check.

70. The City of Hemet is located in Seismic Design Category “D”. Buildings and structures shall be designed to adequately transmit the dynamic lateral forces in accordance with the requirements of the latest adopted California Building Code.

71. Upon plan check submittal and after review of the submitted plans, specifications and documents, additional requirements may be required.

Security:

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72. All exterior doors shall be constructed of solid wood core, minimum of 1 and ¾- inch thick or of metal construction.

73. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1- inch.

74. All exterior sliding glass doors or windows shall be equipped with metal guide tracks at the top and bottom and shall be constructed so that the door or window cannot be lifted from the track when in the closed or locked position.

ENGINEERING DEPARTMENT CONDITIONS
Please contact the PUBLIC WORKS-ENGINEERING DEPARTMENT for compliance with the following conditions:

General:

75. The applicant/developer will be responsible to update their SWPPP to current standards due to any new grading/construction activities.

76. The applicant/developer shall record the applicable tract map phase prior to issuance of any building permits or commencement of construction of any homes.

77. Prior to occupancy, all conditions of the applicable tract map phase shall be met, including but not limited to all public improvements. Any improvements previously installed (underground, including but not limited to sewer, water, storm drain, etc.) shall be verified for its integrity prior to occupancy.

78. Any existing public improvements damaged during the construction of any of the model home complex in adjacent tracts that have already been accepted, including, but not limited to: concrete curb and gutter, concrete cross gutter and pavement will be repaired and/or replaced to the satisfaction of the City Engineer.

79. The applicant/developer shall provide a construction routing exhibit with the next submittal. This is to allow the City to understand how construction equipment will access the site.

FIRE DEPARTMENT CONDITIONS
Unless specifically stated herein, these conditions shall not be construed to permit or allow deviation from any Federal or State laws nor any of the local codes and ordinances adopted by this jurisdiction. Please contact the Hemet Fire Department, Fire Prevention Division for any questions regarding compliance with the applicable codes or following conditions:

Agency Approvals:

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80. Prior to the issuance of a building permit written proof shall be provided from the water purveyor that sufficient capacity is available for fire protection. The minimum required fire flow for this project is 1500 GPM @ 20psi residual pressure for a duration of 2 hours, per CFC / IFC Appendix B. Fire flow and flow duration for buildings without automatic fire protection and having an area in excess of 3,600 square feet shall not be less than specified in Table B105.1.

81. The final Conditions of Approval for this project shall be included in any site plan or construction plans submitted for permit issuance. Plans will not be approved without reference to these “conditions”.

82. Provision for the storage or handling of hazardous materials, as defined by Federal, State, and Local Law, shall be in accordance with CFC and IFC, Chapter 50 and specific Hazardous Materials in Chapters 51 through 67.

83. Storage and handling of flammable and combustible liquids shall be in accordance with the CFC and IFC, Chapter 57 and NFPA 30 (2012), Flammable and Combustible Liquids Code.

84. Motor fuel dispensing operations and/or facilities and repair garages shall be in accordance with CFC and IFC, Chapter 23.

Hydrants and Fire Protection Systems:

85. An approved water supply capable of supplying the required fire flow for fire protection shall be provided when any portion of the building or facility is in excess of 400 feet from an approved water supply on a public street. CFC and IFC Section 507. The location of hydrants and mains shall be approved by the Fire Marshall prior to permit issuance.

86. Prior to combustible construction commencing, install and/or upgrade, as required by the, street (off-site) fire hydrants pursuant to the City of Hemet Standard Specifications for Public Works Construction. Distance between fire hydrants shall not exceed 300 feet without approval from the Fire Marshal. Fire hydrants shall be located within 100 feet of Fire Department Connections (FDC) for Standpipes and Automatic Fire Sprinklers.

87. In accordance with the CFC and IFC Section 507, the water system (mains and hydrants) shall be tested and accepted by the Fire Marshal prior to the commencement of combustible construction. Hydrant markers (Blue Dots) shall be installed pursuant to the City of Hemet Standard Specifications for Public Works.

88. In accordance with the California Residential Code Section 313, CFC and IFC Section 903, a Fire Sprinkler System shall be provided in the residences meeting the requirements of the California Residential Code Section 313 and NFPA 13D.

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89. All check valves, post indicator valves, fire department controls, and connections shall be located as required and approved by the Fire Marshal of the City of Hemet. If multiple buildings, each building shall have separate (approved) control valves. A separate permit and approval shall be required for all underground piping for fire protection systems.

Fire Department Access:

90. Prior to delivery of combustible materials on site, provide and maintain an allweather surface access roadway 20-feet wide with a 13-foot 6-inch vertical clearance designed to support the imposed loads of fire apparatus in accordance with the CFC and IFC Section 503.1 (dirt or native soil does not meet the minimum standard). Fire access is required within 150 feet of all portions of every building unless otherwise approved by the Fire Marshall.

91. The minimum turning radius for fire apparatus is 52 feet (outside) and 32 feet (inside). Fire access is required to within 150 feet of all portions of every building unless otherwise approved by the Fire Marshal. CFC and IFC Section 503.1.1

92. Fire Department access roads shall have an unobstructed minimum width of 26 feet where or as otherwise determined by the Fire Marshal in accordance with CFC and IFC Section 503.2.2. & the CFC and IFC Appendix Section D103.

93. Prior to the issuance of a Certificate of Occupancy, "No Parking - Fire Lane" signs, red curbing, street signs and other required markings shall be provided to the specifications of the City of Hemet Fire Marshal in accordance with the CFC and IFC Section 503.3 and California Vehicle Code Section 22500.1.

94. Prior to final inspection, addresses shall be provided on all new and existing buildings in accordance with the CFC and IFC Section 505.

95. In accordance with the CFC and IFC Section 503, security gates if installed, shall be installed with approved automatic devices and/or key switches to allow Fire and Police Department access and egress pursuant to the City of Hemet Municipal Code and Fire Department Standards.

Miscellaneous:

96. Prior to the issuance of a Certificate of Occupancy, an electronic version of the final tract map or site plan shall be submitted for fire suppression use. The scale shall be such that the site plan be clearly legible, showing all streets, the building footprints and addresses, fire hydrant locations, Knox box location (if applicable), and access driveways. The format shall be compatible with the City of Hemet’s electronic data base or equivalent.

97. Fire safety during construction and demolition shall comply with CFC and IFC Chapter 33.

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98. No burning of waste or construction materials shall be permitted. Warming fires are not allowed.

99. Access during construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'-6. Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. Access shall be provided to within 150 feet of all portions of combustible construction pursuant to CFC and IFC Chapter 33.
100. Trash containers with an individual capacity of 1.5 cubic yards or greater shall not be stored in buildings or within 5 feet of combustible walls, openings, eaves, etc unless protected by an approved means (automatic fire sprinkler system and/or an approved 4 hour fire separation).
101. Structures shall meet the minimum requirements of the California Building Code Chapter 7A due to the wildland interface exposure.
102. The project is subject to the CFC and IFC Chapter 49. 103. Prior to the issuance of a grading permit, a Fire Protection Plan to address the Wildland Urban Interface exposure shall be submitted to the Fire Marshal for review and approval.

END

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 12 2023
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Misha Sisikin, Human Resources Analyst, Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Side Letter Agreement with Hemet Non-Sworn Police Employees Association Establishing a Lateral Public Safety Dispatcher Hiring Bonus and Employee Referral Bonus Program and Authorizing the Administrative Services Director to Appropriate Funds to Establish Budget Utilizing Measure U Fund Balance
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve a Resolution of the City Council of the City of Hemet, California, authorizing the City Manager to execute a Side Letter Agreement with Hemet Non-Sworn Police Employees Association establishing a Lateral Public Safety Dispatcher Hiring Bonus and Employee Referral Bonus Program and authorizing the Administrative Services Director to appropriate funds to establish budget utilizing Measure U fund balance.

BACKGROUND:

The City of Hemet is continuously recruiting for Public Safety Dispatchers to join the City of Hemet Police Department. One of the most difficult hurdles during the recruitment process pertains to the preemployment process of entry-level Public Safety Dispatcher candidates. Entry-level Dispatcher candidates go through a more rigorous recruitment process including a written examination, medical evaluation, psychological evaluation, and background investigation. These components, as well as staff needed to administer and oversee these components, adds up to a costly per-candidate amount when compared to hiring a Lateral Dispatcher candidate.

ANALYSIS:

When comparing the recruitment process of Entry-level Public Safety Dispatcher candidates versus Lateral Public Safety Dispatcher candidates, there are a variety of factors to consider. On average, the recruitment costs for an entry-level candidate are significantly greater than that of a lateral candidate.

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These costs include the materials, staff time, and specialized services needed to assess candidates during the pre-employment process. Additional benefits of hiring Lateral Dispatcher candidates include:
• Higher success rate in completing the Communications Training Program. • Extremely shorter time frame to deploy a lateral dispatcher on their own. • Lateral dispatchers bring previous experience to the department from their last agency. • Lateral dispatchers typically bring with them an expanded skill set and certifications. • Lateral dispatchers often possess a level of maturity and professionalism gained through previous experiences at their previous agency.
• Expectation is to have the ability to hire “Cream of the Crop.” To assist in attracting and retaining qualified Lateral Public Safety Dispatcher candidates, the City is proposing a Hiring Bonus in the amount of twenty thousand dollars and zero cents ($20,000.00), payable in two installments, with the following prerequisites:
• A candidate must have been employed as a full-time public safety dispatcher with at least three (3) consecutive years of experience as a full-time dispatcher processing both 9-1-1 calls as a primary public safety answering point and field officer radio traffic at the time that the candidate submitted a job application to the City for the Lateral Public Safety Dispatcher position. o The three (3) years of experience as a full-time public safety dispatcher must have occurred at a California POST-certified Public Safety Agency such as a Municipal Police Department, County Sheriff's Department, or California Highway Patrol. • Candidates must possess a POST Dispatcher Basic Certificate These prerequisites will better assist the City in hiring Lateral Public Safety Dispatcher candidates who will be prepared and better able to transition into a City assignment quickly and successfully.

DISCUSSION:

For Lateral Public Safety Dispatcher candidates to earn the $20,000.00 Hiring Bonus, and to ensure that the City does not experience attrition after payment of the Hiring Bonus, payment will be made in two parts pursuant to the following conditions:
• Five thousand dollars and zero cents ($5,000.00) will be earned upon the candidate's successful completion of the Communications Training Program.
o Payment will be made in the first full pay period after completion of the Communications Training Program.
• Fifteen thousand dollars and zero cents ($15,000.00) will be earned upon the candidate's successful completion of two (2) years of employment with the City as a Lateral Public Safety Dispatcher.
o The two-year period will commence upon the candidate's successful completion of the Communications Training Program.
▪ To the extent permitted by law, all hours taken off work for any type of leave of absence lasting more than fifteen (15) consecutive calendar days per calendar year will not count toward the two-year requirement. Such time off in excess of fifteen (15) days shall toll the completion of the two-year requirement by a corresponding amount of time, and the two-year accrual will resume when the candidate returns to work.
o Payment will be made in the first full pay period upon successful completion of two (2) full years of employment.

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▪ Candidates must complete two (2) full years of qualifying employment in order to receive the $15,000.00 payment. Payment will not be prorated for partial completion of the two-year period.

Lateral Public Safety Dispatcher candidates will be required to sign a Hiring Bonus Agreement in order to acknowledge and satisfy the conditions above. To help further attract lateral candidates to the City, an Employee Referral Bonus is also being proposed. Hemet Non-Sworn Police Employees Association members who refer either a Lateral Public Safety Dispatcher or a Lateral Police Officer candidate who is successfully hired by the City will receive two thousand, five hundred dollars and zero cents ($2,500.00) payable in the first full pay period after the candidate completes the Communications Training Program for Dispatchers or Field Training Program for Police Officers.

Pursuant to the Meyers-Milias-Brown Act (MMBA), City staff has met and conferred with representatives from Hemet Non-Sworn Police Employees Association. City representatives and Hemet Non-Sworn Police Employees Association representatives agreed upon the requirements and conditions of the proposed program.

PREVIOUS COUNCIL ACTION:

Council has not previously taken action on this item.

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

Objective 4: Increase employee retention by training and creating a positive workplace.

FISCAL IMPACT:

Funds for this program are not currently included in the FY 23/24 budget. As part of this Program, a request is being made to establish budget from the Measure U fund balance in the following amounts:
• Twenty thousand dollars and zero cents ($20,000.00) from account 115-3008-1400 for the Lateral Hiring Bonus; and
• Ten thousand dollars and zero cents ($10,000.00) from account 115-3008-1400 for the Employee Referral Bonus.

ALTERNATIVE(S):

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Council can vote to approve this item, not approve this item, or direct staff to research an alternative solution.

REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):

Attachment 1: Resolution Authorizing the City Manager to Execute a Side Letter Agreement with Hemet Non-Sworn Police Employees Association Establishing a Lateral Public Safety Dispatcher Hiring Bonus and Employee Referral Bonus Program and Authorizing the Administrative Services Director to Appropriate Funds to Establish Budget Utilizing Measure U Fund Balance Attachment 2: Letter of Agreement Between City of Hemet and HNSPEA - Hiring Bonus Attachment 3: HNSPEA Lateral Public Safety Dispatcher Hiring Bonus Agreement

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,

AUTHORIZING THE CITY

MANAGER TO EXECUTE A

SIDE LETTER AGREEMENT

WITH HEMET NON-SWORN

POLICE EMPLOYEES

ASSOICATION ESTABLISHING

A LATERAL PUBLIC SAFETY

DISPATCHER HIRING BONUS

AND EMPLOYEE REFERRAL

BONUS PROGRAM AND

AUTHORIZING THE

ADMINISTRATIVE SERVICES

DIRECTOR TO APPROPRIATE

FUNDS TO ESTABLISH

BUDGET UTILIZING MEASURE

U FUNDS
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 is continuously
recruiting for Public Safety Dispatchers to join the City of Hemet Police Department and one of the most difficult
hurdles during the recruitment process pertains to the preemployment process of Entry-level Public Safety Dispatchers candidates; and

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 WHEREAS, Entry-level Public Safety Dispatchers
candidates go through a more rigorous recruitment process including a written examination, physical agility examination, medical evaluation, psychological evaluation, and
background investigation; and
WHEREAS, these pre-employment and recruitment
components, as well as staff needed to administer and
oversee these components, adds up to a costly percandidate amount when compared to hiring a Lateral Public Safety Dispatchers candidate; and
WHEREAS, lateral candidates onboard much quicker,
and the average recruitment costs for an entry-level
candidate are significantly greater than that of a lateral candidate, including the materials, staff time, and specialized services needed to assess candidates during the preemployment process; and WHEREAS, generally, Lateral Public Safety
Dispatchers candidates have a higher success rate in
completing training programs, have shorter timeframes to deploy on their own, bring previous experience from their previous agency, and often possess a level of maturity and professionalism gained from previous experience; and

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 WHEREAS, the City of Hemet Police Department is
focused on and committed to hiring Lateral Public Safety Dispatchers candidates; and
WHEREAS, the City staff have met and conferred
with representatives from the Hemet Non-Sworn Police
Employees Association. City representatives and Hemet
Non-Sworn Police Employees Association representatives
agreed upon the requirements and conditions of the
proposed program; and
WHEREAS, City Council authorizes the City Manager
to execute a Side Letter Agreement with Hemet Non-Sworn Police Employees Association establishing a Lateral Public Safety Dispatcher Hiring Bonus and Employee Referral
Bonus Program.

NOW, THEREFORE, THE CITY COUNCIL OF THE

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

SECTION 1. Approval of a Lateral Public Safety
Dispatcher Hiring Bonus Program in the amount of twenty thousand dollars and zero cents ($20,000) with the following prerequisites:
1) A candidate must have been employed as a
full-time public safety dispatcher with at least

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 three (3) consecutive years of experience as a
full-time dispatcher processing both 9-1-1 calls
as a primary public safety answering point and
field officer radio traffic at the time that the
candidate submitted a job application to the
City for the Lateral Public Safety Dispatcher
position.
2) Candidates must possess a POST Dispatcher
Basic Certificate
SECTION 2. Approval of Hiring Bonus payments to
be made according to the following schedule:
1) Five thousand dollars and zero cents
($5,000.00) will be earned upon the
candidate's successful completion of the
Communications Training Program, paid in the
first full pay period after successful completion
of the Communications Training Program.
2) Fifteen thousand dollars and zero cents
($15,000.00) will be earned upon the
candidate's successful completion of two (2)
years of employment with the City as a Lateral
Public Safety Dispatcher, paid in the first full

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 pay period following successful completion of
the two-year period.

SECTION 3. Approval of an Employee Referral Bonus
Program in the amount of two thousand, five hundred dollars and zero cents ($2,500.00) with the following prerequisite:
1) Hemet Non-Sworn Police Employees
Association members who refer either a Lateral
Police Officer or a Lateral Public Safety
Dispatcher candidate who is successfully hired
by the City will receive two thousand, five
hundred dollars and zero cents ($2,500.00)
payable in the first full pay period after the
candidate completes the Field Training
Program for Police Officers or the
Communications Training Program for
Dispatchers.

Section 4. Authorization for the Administrative
Services Director to appropriate funds to establish
budget utilizing Measure U fund balance in the
following amounts:
1) Twenty thousand dollars and zero cents
($20,000.00) from account 115-3008-1400 for
the Lateral Hiring Bonus; and

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 2) Ten thousand dollars and zero cents
($10,000.00) from account 115-3008-1400 for
the Employee Referral Bonus.

Section 5. The effective date of this Hiring Bonus and
Employee Referral Bonus Program will be the date of
approval of this Resolution, September 12, 2023.

PASSED, APPROVED AND ADOPTED this 12th day
of September, 2023.

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 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 12th day of September, 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

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12086476.12 HE040-001
Letter of Agreement #2 Between City of Hemet and
The Hemet Non-Sworn Police Employees Association
WHEREAS, the City of Hemet ("CITY") and the Hemet Non-Sworn Police Employees Association ("HNSPEA") (collectively, the “Parties”) are parties to a Memorandum of Understanding ("MOU") that is in effect from July 1, 2022 through June 30, 2024, and governs generally the wages, hours and other terms and conditions of employment of the classifications represented by the HNSPEA; WHEREAS, Article 4 of the MOU provides for the terms of compensation for HNSPEA members;
WHEREAS, the Parties wish to amend the MOU to provide hiring and referral bonuses to newly hired employees in the classification of qualifying Lateral Public Safety Dispatchers;
WHEREAS, the Parties wish to provide hiring bonuses in the amount of up to $20,000.00 (twenty thousand dollars and zero cents) to newly hired employees in the classification of qualifying Lateral Public Safety Dispatchers; WHEREAS, the hiring bonuses will be paid incrementally upon the newly hired employees reaching certain milestones;
WHEREAS, the Parties also wish to provide referral bonuses to incumbent CITY employees who are HNSPEA members, and who refer a successful applicant for CITY employment in the positions of Lateral Public Safety Dispatcher or Lateral Police Officer;
WHEREAS, the referral bonuses are subject to and contingent upon the completion of the requirements described below;
THEREFORE, the Parties agree to the following:

1. The term "newly hired" refers to an employee who is hired by the CITY in the classification of Lateral Public Safety Dispatcher on or after the effective date of this letter. Candidates currently in the hiring process before the effective date of this letter would not be eligible for this incentive.

2. The term "hired" refers to an employee who accepts an offer of employment from the CITY after the effective date of this letter in the classification of Lateral Public Safety Dispatcher AND begins his/her first day of work for the CITY as a Lateral Public Safety Dispatcher.

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12086476.12 HE040-001

3. For the purposes of this hiring bonus, the specific factors required in order to qualify as a Lateral Public Safety Dispatcher AND be eligible for this bonus will be as follows:
a) Must be currently employed Public Safety Dispatcher with at least three (3) years’ experience as a full-time dispatcher with a California Police or Sheriff’s Department or a California POSTrecognized State agency processing both 9-1-1 calls as a primary public safety answering point and field officer radio traffic.

Examples of qualifying agencies include, but are not limited to, a California Municipal Police Department, California County Sheriff’s Department, and California Highway Patrol.
b) Must possess a POST Dispatcher Basic certificate.
c) The Chief of Police, or Chief’s designee, shall
i. Determine eligibility for the hiring bonus prior to the hire date of an individual in the eligible classification.
ii. Not permit retroactive determinations of eligibility for individuals in the eligible classification, after the original hire date of the employee.

4. Newly hired and qualifying Lateral Public Safety Dispatchers shall receive hiring bonuses as follows:
a) $5,000 (five thousand dollars) upon successful completion of the Communications Training Officer (“CTO”) Training Program, to be paid the first full pay period after successful completion of the CTO Training Program.
b) $15,000 (fifteen thousand dollars) to be awarded upon successful completion of the Lateral Public Safety Dispatcher’s second full year employed with the CITY as a Public Safety Dispatcher who has completed the CITY’s CTO Training
Program. The two-year period will not start until after the employee’s successful completion of the CTO Training
Program. To the extent permitted by law, all hours taken off work for any type of leave of absence lasting more than fifteen (15) consecutive, calendar days per calendar year will not count toward the two-year requirement. Such time will toll the completion of the two-year requirement, and the two-year accrual will resume when the employee returns to work. The Lateral Public Safety Dispatcher must complete two full years of qualifying employment, in order to receive this bonus. If the City ends the Hiring Bonus Program before a qualifying Lateral Public Safety Dispatcher has had the chance to complete the bonus requirements, then the Lateral Public Safety Dispatcher

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12086476.12 HE040-001
shall receive an opportunity to complete the requirements and earn the hiring bonus. The bonus will not be prorated based on partial completion of the two (2) year period. The Chief of Police, or Chief’s designee, must document satisfactory completion of requirement, prior to distribution of bonus compensation.
c) These payments will be made subject to all regular deductions, including state and federal tax withholdings, and as required by law.

5. An incumbent HNSPEA member employed by the CITY shall earn a referral bonus when all of the following requirements have been satisfied:
a) The HNSPEA member recommends an applicant for the
classification of Lateral Public Safety Dispatcher or Lateral Police Officer to the CITY;
b) The recommended applicant actually applies for, and is hired into a classification of Lateral Public Safety Dispatcher or Lateral Police Officer (not Police Corporal or Police Investigator);
c) The recommended applicant lists the name of the HNSPEA member who made the recommendation on the applicant’s City job application;
d) The recommended applicant completes the applicable training program for the applicant’s position (CTO Training Program for Lateral Public Safety Dispatchers and Field Training Program for Lateral Police Officers);
e) The HNSPEA member and the recommended applicant must both remain employees of the CITY while all other requirements are met, in order for the HNSPEA member to be eligible to receive the referral bonus;
f) The referral bonus shall be $2,500 (two thousand, five hundred dollars) and shall become payable on the first pay period after all of the above requirements have been met.
g) This payment will be made subject to all regular deductions, including state and federal tax withholdings, and as required by law.

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12086476.12 HE040-001

CITY OF HEMET HEMET NON-SWORN POLICE

EMPLOYEES ASSOCIATION
__________________________ _______________________________ Mark Prestwich, City Manager Colleen Sullivan-Diaz, President __________________________ _______________________________ Date Date
__________________________
John Paul Maier, City Clerk
__________________________
Date
__________________________
Steven Graham, City Attorney
__________________________
Date

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1 12111835.6 HE040-001

HIRING BONUS AGREEMENT
Lateral Public Safety Dispatcher
This Hiring Bonus Agreement (“Agreement”) is entered into between (Print Name) ________________________________ (“Applicant”) and the City of Hemet (“City”) (collectively, the “Parties”) with respect to the following facts:

RECITALS
WHEREAS, the City desires to attract experienced job applicants to the classification of Lateral Public Safety Dispatcher;
WHEREAS, the City and the Hemet Non-Sworn Police Employees Association (“HNSPEA”) agreed to amend the Memorandum of Understanding (“Side Letter # 2”) between City of Hemet and Hemet Non-Sworn Police Employees Association, dated June 28, 2022, on September 12, 2023 which provided a hiring bonus to incentivize qualifying job applicants to apply for and serve in the classification of Lateral Public Safety Dispatcher (the “Hiring Bonus”);
WHEREAS, the Hiring Bonus is earned in two parts, subject to specific requirements described below and in the HNSPEA Side Letter #2, where the first part is $5,000.00 (five thousand dollars and zero cents) and the second part is $15,000.00 (fifteen thousand dollars and zero cents) for a possible total of $20,000.00 (twenty thousand dollars and zero cents); WHEREAS, the City has hired Applicant into the classification of Lateral Public Safety Dispatcher;
WHEREAS, Applicant seeks to meet the applicable requirements and earn the Hiring Bonus;

TERMS OF THE AGREEMENT
NOW, THEREFORE, in consideration of the covenants set forth below, the Parties agree as follows:

1. Incorporation of Recitals. The City and Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement.

2. Lateral Public Safety Dispatcher Eligibility Requirements. In order to be eligible for the Hiring Bonus, Applicant must have been hired by the City into the Lateral Public Safety Dispatcher position on or after the effective date of HNSPEA Side Letter #2. Applicant must have accepted the offer for employment and must have begun Applicant’s first day of work as a Lateral Public Safety

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2 12111835.6 HE040-001
Dispatcher. Applicant must also have the prerequisite experience in order to be eligible to earn the Hiring Bonus. The prerequisite experience requirement is as follows:
a. Applicant must have been employed as a Public Safety Dispatcher with at least three (3) years of experience as a full-time dispatcher at the time that Applicant submitted a job application to the City for the Lateral Public Safety Dispatcher position.
b. The three (3) years of experience as a full-time dispatcher must have occurred at a California Police or Sheriff’s Department, or else at a California State agency recognized by the Commission on Peace Officer Standards and Training (“POST”) that processes both 9-1-1 calls as a primary public safety answering point and field officer radio traffic. c. Applicant must possess a POST Dispatcher Basic certificate.

Applicant represents that Applicant meets the eligibility requirements described above. If Applicant does not meet an eligibility requirement, Applicant agrees to notify the City of the unmet requirement. Determination of eligibility based on the prerequisite experience must be established prior to the hire date of employment of applicant. The Chief of Police or Chief’s designee, shall not permit retroactive determinations of eligibility for individuals in the eligible classification, after the original hire date of the employee.

3. Requirements to Earn the Hiring Bonus. An eligible Lateral Public Safety Dispatcher earns the Hiring Bonus in two parts:
a. The first part of the Hiring Bonus, in the amount of $5,000.00 (five thousand dollars and zero cents), shall be earned upon Applicant’s successful completion of the City’s Communications Training Officer (“CTO”) Training Program, and shall become payable upon the first full pay period after successful completion of the CTO Training Program. b. The second part of the Hiring Bonus, in the amount of $15,000.00 (fifteen thousand dollars and zero cents), shall be earned only if Applicant completes two (2) years employed with the City as a Lateral Public Safety Dispatcher. The two-year period does not start until after Applicant has successfully completed the CTO Training Program. To the extent permitted by law, all hours taken off work for any type of leave of absence lasting more than fifteen (15) consecutive calendar days per calendar year will not count toward the two-year requirement. Such time off in excess of fifteen (15) days shall toll the completion of the two-year requirement by a corresponding amount of time, and the two-year accrual will resume when Applicant returns to work. Applicant must complete two full years of qualifying employment in order to receive the second part of the Hiring

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3 12111835.6 HE040-001
Bonus. The second part of the Hiring Bonus will not be prorated for partial completion of the two-year period.
c. The City Chief of Police, or Chief’s designee, must document satisfactory completion of requirement, prior to distribution of bonus compensation.

4. Effect of Termination of the Hiring Bonus Program. The City may terminate its Hiring Bonus Program (the “Program”) at any time at its discretion. Once Applicant has qualified to participate in the Hiring Bonus Program, Applicant shall have an opportunity to earn the Hiring Bonus even if the City later terminates the Program.

Applicant shall only have one opportunity to earn the Hiring Bonus after the City has terminated the Program. If Applicant fails to meet the requirements to earn the Hiring Bonus after the City has terminated the Program (e.g., Applicant fails to complete the CTO Training Program or fails to complete the two-year work requirement before changing Applicant’s place of employment), then Applicant will not receive another chance to earn the Hiring Bonus.

5. Taxes. Applicant understands that the Hiring Bonus is subject to all regular deductions, including state and federal tax withholdings, and as required by law.

6. Entire Agreement. This Agreement constitutes a contract expressing the entire agreement of the Parties. This Agreement shall supersede, and render null and void, any and all prior agreements between the Parties concerning the subject matter of this Agreement.

7. Governing Law. This Agreement is executed and delivered in the State of California and the rights and obligations of the Parties under the Agreement shall be construed and enforced in accordance with the laws of the State of California.

The venue for any litigation concerning this Agreement shall be Riverside County, CA.

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

9. Waiver. No waiver by any party of any breach of any term or provision of this Agreement shall be construed to be, nor shall be, a waiver of any preceding, concurrent, or succeeding breach of the same or any other term or provision of this Agreement.

10. Neutral Interpretation. This Agreement is deemed to have been drafted jointly by the Parties. Any uncertainty or ambiguity shall not be construed for or against any party passed upon attribution of drafting to any party.

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4 12111835.6 HE040-001

11. Execution in Counterparts. The Parties may execute this Agreement in counterparts. All executed copies are duplicate originals and are equally admissible.

By: ________________________________ Date: __________________ Applicant
By: ________________________________ Date: __________________ Chief of Police

EMPLOYEE REFERRAL INFORMATION
Referred by: __________________________

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 12 2023
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Misha Sisikin, Human Resources Analyst, Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an amendment to the Memorandum of Understanding between the City of Hemet and Hemet Police Officers Association, Establishing a Lateral Police Officer Hiring Bonus and Employee Referral Bonus Program and Authorizing the Administrative Services Director to Appropriate and Establish Budget Using One-Time Funds from Measure U Committed Fund Balance.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Approve a Resolution of the City Council of the City of Hemet, California, authorizing the City Manager to execute an amendment to the Memorandum of Understanding between the City of Hemet and Hemet Police Officers Association establishing a Lateral Police Officer Hiring Bonus and Employee Referral Bonus Program

2. Authorize the Administrative Services Director to Appropriate and Establish Budget Using One TimeFunds from Measure U Committed Fund Balance.

BACKGROUND:

The City of Hemet is continuously recruiting for Police Officers to join the City of Hemet Police Department. One of the most difficult hurdles during the recruitment process pertains to the preemployment process of Police Officer Trainee candidates. Police Officer Trainee candidates go through a more rigorous recruitment process including a written examination, physical agility examination, medical evaluation, psychological evaluation, and background investigation. Once a Police Officer Trainee candidate passes the interview, testing, and pre-employment processes, they will be sent to an academy to learn how to become certified to be a police officer in the State of California. These components, as well as the staff needed to administer and oversee these components, add up to a costly amount for a new candidate, when compared to hiring a Lateral Police Officer candidate.

ANALYSIS:

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When comparing the recruitment process of Police Officer Trainee candidates versus Lateral Police Officer candidates, there are a variety of factors to consider. Lateral Police Officer candidates onboard much quicker compared to Police Officer Trainee candidates. On average, the recruitment costs for an entry-level candidate are over three times that of a lateral candidate. These costs include the materials, staff time, and specialized services needed to assess candidates during the pre-employment process.

Additional benefits of hiring Lateral Police Officer candidates include:
• Higher success rate in completing the Field Training Program. • Significantly shortening the lead time required to deploy a lateral officer on their own. • Lateral officers bring previous experience to the department from their last agency. • Lateral officers typically bring with them an expanded skill set and certifications for operational areas including, drug enforcement, homeless outreach, new community policing ideas, specialized tactical training, etc.
• Lateral officers often possess a level of maturity and professionalism gained through experiences at their previous agency.

The intent of this program is to enable the Hemet Police Department to have the ability to hire the “Cream of the Crop.”
To assist in attracting and retaining qualified Lateral Police Officer candidates, the City is recommending the implementation of a Hiring Bonus program in the amount of sixty thousand dollars and zero cents ($60,000.00) per hired lateral officer, payable in two installments, with the following prerequisites:
• An applicant must have been employed as a full-time police officer with at least three (3) consecutive years of street/patrol-specific experience at the time that the applicant submitted a job application to the City for the Lateral Police Officer position. • The three (3) years of experience as a full-time police officer must have occurred at a California POST-certified Police or Sheriff’s Department. The following types of experience do not count toward the prerequisite:
o Street/Patrol experience from an agency outside of California. o Prior experience as a military police officer.
o Prior experience as a correctional officer.
o Prior experience as a sheriff's deputy working at a county jail or state prison.

These prerequisites will enhance the City's ability to hire Lateral Police Officer candidates who will be prepared and better able to transition into a City assignment quickly and successfully.

DISCUSSION:

For Lateral Police Officer candidates to earn the $60,000.00 Hiring Bonus, and to ensure that the City does not experience attrition after payment of the Hiring Bonus, payment will be made in two installments pursuant to the following conditions:
• Ten thousand dollars and zero cents ($10,000.00) will be earned upon the candidate's successful completion of the Field Training Program.
o Payment will be made in the first full pay period after completion of the Field Training Program.

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• Fifty thousand dollars and zero cents ($50,000.00) will be earned upon the candidate's successful completion of five (5) years of employment with the City as a Lateral Police Officer. o The five-year period will commence upon the candidate's successful completion of the Field Training Program.
▪ To the extent permitted by law, all hours taken off work for any type of leave of absence lasting more than fifteen (15) consecutive calendar days per calendar year will not count toward the five-year requirement. Such time off in excess of fifteen (15) days shall toll the completion of the five-year requirement by a corresponding amount of time, and the five-year accrual will resume when the candidate returns to work.
o Payment will be made in the first full pay period upon successful completion of five (5) full years of employment.
▪ Candidates must complete five (5) full years of qualifying employment in order to receive the $50,000.00 payment. Payment will not be prorated for partial completion of the five-year period.

Lateral Police Officer candidates will be required to sign a Hiring Bonus Agreement in order to acknowledge and satisfy the conditions above. To help further attract lateral candidates to the City, an Employee Referral Bonus is also being proposed. Hemet Police Officers Association members who refer either a Lateral Police Officer or a Lateral Public Safety Dispatcher candidate who is successfully hired by the City will receive two thousand, five hundred dollars and zero cents ($2,500.00) payable in the first full pay period after the candidate completes the Field Training Program for Police Officers or the Communications Training Program for Dispatchers.

Pursuant to the Meyers-Milias-Brown Act (MMBA), City staff has met and conferred with representatives from Hemet Police Officers Association. City representatives and Hemet Police Officers Association representatives agreed upon the requirements and conditions of the proposed program.

PREVIOUS COUNCIL ACTION:

Council has not previously taken action on this item.

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

Objective 4: Increase employee retention by training and creating a positive workplace.

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FISCAL IMPACT:

Appropriations for this program have not been previously authorized in the FY 23/24 budget. As part of this Program, it is recommended that the Council authorize the establishment of one-time Committed Measure U fund balance for the Lateral Police Officer Hiring Bonus and Employee Referral Bonus Program in the following amounts:
• Six hundred thousand dollars and zero cents ($600,000.00) from account 115-2310 “Reserve for Specific Program" for the Lateral Hiring Bonus; and • Twenty-five thousand dollars and zero cents ($25,000.00) from account 115-2310 “Reserve for Specific Program for the Employee Referral Bonus.

These amounts will be specifically tracked and isolated for the intended purpose.

These specifically identified resources will enable the City to plan for the hiring bonus of ten (10) Lateral Police Officers. If a Lateral Police Officer hire fails to meet the full eligibility terms of the respective agreement, those resources would be available for another Lateral Police Officer in the future. If the Hemet Police Department successfully hires and retains all 10 Lateral Police Officer positions, and recommends continuing the program, staff will return to the City Council to request additional appropriations, in the future.

Referral Bonus Program: Staff are estimating the possibility that all ten of the Lateral Police Officer hires are likely to result from the Referral Bonus Program. As such, the Referral Bonus Program permits $2,500 per successful referral for the potential use of $25,000, for up to 10 bonus payments. If the Hemet Police Department successfully hires and retains all 10 Lateral Police Officer Positions, and the Hemet Police Department would recommend continuing the program, staff will return to the City Council to request additional appropriations, in the future.

This program will result in a specific apportionment of Measure U Fund balance in the amount of $625,000.

ALTERNATIVE(S):

Council can vote to approve this item, not approve this item, or direct staff to research an alternative solution.

REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):

Attachment 1: Resolution Authorizing the City Manager to Execute a Side Letter Agreement with Hemet Police Officers Association Establishing a Lateral Police Officer Hiring Bonus and Employee Referral Bonus Program and Authorizing the Administrative Services Director to Appropriate Funds to Establish Budget Utilizing Measure U Fund Balance
Attachment 2: Letter of Agreement Between City of Hemet and HPOA - Hiring Bonus Attachment 3: HPOA Lateral Police Officer Hiring Bonus Agreement

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,

AUTHORIZING THE CITY

MANAGER TO EXECUTE A

SIDE LETTER AGREEMENT

WITH HEMET POLICE

OFFICERS ASSOCIATION

ESTABLISHING A LATERAL

POLICE OFFICER HIRING

BONUS AND EMPLOYEE

REFERRAL BONUS PROGRAM

AND AUTHORIZING THE

ADMINISTRATIVE SERVICES

DIRECTOR TO APPROPRIATE

FUNDS TO ESTABLISH

BUDGET USING ONE-TIME

FUNDS FROM MEASURE U

COMMITTED FUND BALANCE
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 is continuously
recruiting for Police Officers to join the City of Hemet Police Department and one of the most difficult hurdles during the recruitment process pertains to the pre-employment process of Police Officer Trainee candidates; and
WHEREAS, Police Officer Trainee candidates go
through a more rigorous recruitment process including a

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 written examination, physical agility examination, medical evaluation, psychological evaluation, background
investigation, and academy training; and
WHEREAS, these pre-employment and recruitment
components, as well as staff needed to administer and
oversee these components, add up to a costly per-candidate amount when compared to hiring a Lateral Police Officer candidate; and
WHEREAS, lateral candidates onboard much quicker,
and the average recruitment costs for an entry-level
candidate are over three times that of a lateral candidate, including the materials, staff time, and specialized services needed to assess candidates during the pre-employment
process; and
WHEREAS, generally, Lateral Police Officer
candidates have a higher success rate in completing training programs, have shorter timeframes to deploy on their own, bring previous experience from their previous agency, and often possess a level of maturity and professionalism gained from previous experience; and
WHEREAS, the City of Hemet Police Department is
focused on and committed to hiring Lateral Police Officer candidates; and

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 WHEREAS, the City staff have met and conferred
with representatives from the Hemet Police Officers
Association. City representatives and Hemet Police Officers Association representatives agreed upon the requirements and conditions of the proposed program; and
WHEREAS, City Council authorizes the City Manager
to execute a Side Letter Agreement with Hemet Police
Officers Association establishing a Lateral Police Officer Hiring Bonus and Employee Referral Bonus Program.

NOW, THEREFORE, THE CITY COUNCIL OF THE

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

SECTION 1. Approval of a Lateral Police Officer
Hiring Bonus Program in the amount of sixty thousand
dollars and zero cents ($60,000) with the following
prerequisites:
1) An applicant must have been employed as a
full-time police officer with at least three (3)
consecutive years of street/patrol-specific
experience at the time that Applicant submitted
a job application to the City for the Lateral
Police Officer position.

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 2) The three (3) years of experience as a full-time
police officer must have occurred at a
California POST-certified Police or Sheriff’s
Department.

SECTION 2. Approval of Hiring Bonus payments to
be made according to the following schedule:
1) Ten thousand dollars and zero cents
($10,000.00) will be earned upon the
candidate's successful completion of the Field
Training Program, paid in the first full pay
period after successful completion of the Field
Training Program.
2) Fifty thousand dollars and zero cents
($50,000.00) will be earned upon the
candidate's successful completion of five (5)
years of employment with the City as a Lateral
Police Officer, paid in the first full pay period
following the successful completion of the fiveyear period.

SECTION 3. Approval of an Employee Referral Bonus
Program in the amount of two thousand, five hundred dollars and zero cents ($2,500.00) with the following prerequisite:

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 1) Hemet Police Officers Association members
who refer either a Lateral Police Officer or a
Lateral Public Safety Dispatcher candidate who
is successfully hired by the City will receive two
thousand, five hundred dollars and zero cents
($2,500.00) payable in the first full pay period
after the candidate completes the Field
Training Program for Police Officers or the
Communications Training Program for
Dispatchers.

Section 4. Authorization for the Administrative
Services Director to appropriate funds to establish
budget utilizing Measure U fund balance in the
following amounts:
1) One hundred thousand dollars and zero cents
($100,000.00) from account 115-3003-1400 for
the Lateral Hiring Bonus; and
2) Twenty-five thousand dollars and zero cents
($25,000.00) from account 115-3003-1400 for
the Employee Referral Bonus.

Section 5. The effective date of this Hiring Bonus and
Employee Referral Bonus Program will be the date of
approval of this Resolution, September 12, 2023.

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 PASSED, APPROVED AND ADOPTED this 12th day
of September, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO.
2023-XXX
1 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 12th day of September, 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

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12070794.14 HE040-001
Letter of Agreement #2 Between
City of Hemet and
The Hemet Police Officers
Association
WHEREAS, the City of Hemet ("CITY") and the Hemet
Police Officers Association ("HPOA") (collectively, the “Parties”) are parties to a Memorandum of
Understanding ("MOU") that is in effect from January 1, 2021 through June 30, 2024, and governs generally the
wages, hours and other terms and conditions of
employment of the classifications represented by the
HPOA;
WHEREAS, Article III of the MOU provides for the terms
of compensation for HPOA members;
WHEREAS, the Parties wish to amend the MOU to
provide hiring and referral bonuses to newly hired
employees in the classification of qualifying Lateral Police Officer;
WHEREAS, the Parties wish to provide hiring bonuses in
the amount of up to $60,000.00 (sixty thousand dollars
and zero cents) to newly hired employees in the
classification of qualifying Lateral Police Officer;
WHEREAS, the hiring bonuses will be paid incrementally
upon the newly hired employees reaching certain
milestones;
WHEREAS, the Parties also wish to provide referral
bonuses to incumbent CITY employees who are HPOA
members, and who refer a successful applicant for CITY
employment in the positions of Lateral Public Safety
Dispatcher or Lateral Police Officer;
WHEREAS, the referral bonuses are subject to and
contingent upon the completion of the requirements
described below;
THEREFORE, the Parties agree to the following:

1. The term "newly hired" refers to an employee
who is hired by the CITY in the classification of

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12070794.14 HE040-001
Lateral Police Officer on or after the effective
date of this letter. The term "newly hired" does
not include an employee who is hired by the
CITY in the classifications of Police Corporal,
or Police Investigator. "Newly hired" shall not
apply to a current CITY employee who
promotes to a higher rank or classification.

Candidates currently in the hiring process
before the effective date of this letter would not
be eligible for this incentive.

2. The term "hired" refers to an employee who
accepts an offer of employment from the CITY
after the effective date of this letter in the
classification of Lateral Police Officer (not
Police Corporal or Police Investigator) AND
begins his/her first day of work for the CITY as
a Police Officer.

3. For the purposes of this hiring bonus, the
specific factors required in order to qualify as a
Lateral Police Officer AND be eligible for this
bonus will be as follows:
a) Currently employed Police Officer with
three (3) consecutive years minimum of
street/patrol-specific experience with a
California POST-certified Police or
Sheriff's Department with no break in
service.
b) The following examples do NOT count
toward the hiring bonus experience
requirement:
• Street/patrol experience from
an agency outside of California.
• Prior experience as a military
police officer.
• Prior experience as a
correctional officer.
• Prior experience as a Sheriff's
Deputy working at a county jail
or state prison.
c) The Chief of Police, or Chief’s
designee, shall
• Determine eligibility for the

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12070794.14 HE040-001
hiring bonus prior to the start
date of an individual in the
eligible classification.
• Not permit retroactive
determinations of eligibility for
individuals in the eligible
classification, after the original
hire date of the employee.

4. Newly hired and qualifying Lateral Police
Officers shall receive hiring bonuses as follows:
a) $10,000 (ten thousand dollars) upon
successful completion of the CITY’s
Field Training Program, to be paid the
first full pay period after successful
completion of the Field Training
Program.
b) $50,000 (fifty thousand dollars), to be
awarded upon successful completion of
the Lateral Police Officer’s fifth full year
employed with the CITY as a Police
Officer who has completed the Field
Training Program. The five-year period
will not start until after the employee’s
successful completion of the Field
Training Program. To the extent
permitted by law, all hours taken off
work for any type of leave of absence
lasting more than fifteen (15)
consecutive, calendar days per
calendar year will not count toward the
five (5) year requirement. Such time will
toll the completion of the five (5) year
requirement, and the five-year accrual
will resume when the employee returns
to work. The Lateral Police Officer must
complete five full years of qualifying
employment in order to receive this
bonus. If the City ends the Hiring
Bonus Program before a qualifying
Lateral Police Officer has had the
chance to complete the bonus
requirements, then the Lateral Police
Officer shall receive an opportunity to

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12070794.14 HE040-001
complete the requirements and earn the
hiring bonus. The bonus will not be
prorated based on partial completion of
the five (5) year period. The Chief of
Police, or Chief’s designee, must
document satisfactory completion of
requirement, prior to distribution of
bonus compensation.

5. These payments will be made subject to all
regular deductions, including state and federal
tax withholdings, and as required by law.

6. An incumbent HPOA member employed by the
CITY shall earn a referral bonus when all of
the following requirements have been
satisfied:
a) The HPOA member recommends an
applicant for the classification of Lateral
Public Safety Dispatcher or Lateral
Police Officer to the CITY;
b) The recommended applicant actually
applies for, and is hired into the
classification of Lateral Public Safety
Dispatcher or Lateral Police Officer (not
Police Corporal or Police Investigator);
c) The recommended applicant lists the
name of the HPOA member who made
the recommendation on the applicant’s
City job application;
d) The recommended applicant completes
the applicable training program for the
applicant’s position (CTO Training
Program for Lateral Public Safety
Dispatchers and Field Training Program
for Lateral Police Officers);
e) The HPOA member and the
recommended applicant must both
remain employees of the CITY while all
other requirements are met, in order for
the HPOA member to be eligible to
receive the referral bonus;
f) The referral bonus shall be $2,500 (two
thousand, five hundred dollars) and

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12070794.14 HE040-001
shall become payable on the first pay
period after all of the above
requirements have been met.
g) This payment will be made subject to all
regular deductions, including state and
federal tax withholdings, and as
required by law.

CITY OF HEMET HEMET
POLICE

OFFICERS

ASSOCIATI
ON
__________________________
_______________________________
Mark Prestwich, City Manager Matthew Hiatt, President
__________________________
_______________________________
Date Date
__________________________
John Paul Maier, City Clerk

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12070794.14 HE040-001
__________________________
Date
__________________________
Steven Graham, City Attorney
__________________________
Date

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1 12118119.5 HE040-001

HIRING BONUS AGREEMENT
Lateral Police Officer
This Hiring Bonus Agreement (“Agreement”) is entered into between (Print Name) ________________________________ (“Applicant”) and the City of Hemet (“City”) (collectively, the “Parties”) with respect to the following facts:

RECITALS
WHEREAS, the City desires to attract experienced job applicants to the classification of Lateral Police Officer;
WHEREAS, the City and the Hemet Police Officers Association (“HPOA”) agreed to amend the Memorandum of Understanding (“Side Letter # 2”) between City of Hemet and Hemet Police Officers Association, dated March 14, 2022 on September 12, 2023 which provided a hiring bonus to incentivize qualifying job applicants to apply for and serve in the classification of Lateral Police Officer (the “Hiring Bonus”); WHEREAS, the Hiring Bonus is earned in two parts, subject to specific requirements described below and in HPOA Side Letter #2, where the first part is $10,000.00 (ten thousand dollars and zero cents) and the second part is $50,000.00 (fifty thousand dollars and zero cents) for a possible total of $60,000.00 (sixty thousand dollars and zero cents); WHEREAS, the City has hired Applicant into the classification of Lateral Police Officer; WHEREAS, Applicant seeks to meet the applicable requirements and earn the Hiring Bonus;

TERMS OF THE AGREEMENT
NOW, THEREFORE, in consideration of the covenants set forth below, the Parties agree as follows:

1. Incorporation of Recitals. The City and Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement.

2. Lateral Police Officer Eligibility Requirements. In order to be eligible for the Hiring Bonus, Applicant must have been hired by the City into the Lateral Police Officer position on or after the effective date of HPOA Side Letter #2. Applicant must have accepted the offer for employment and must have begun Applicant’s first day of work as a Lateral Police Officer. Applicant must also have the prerequisite experience in order to be eligible to earn the Hiring Bonus. The prerequisite experience requirement is as follows:

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2 12118119.5 HE040-001
a. Applicant must have been employed as a full-time police officer with at least three (3) consecutive years of street/patrol-specific experience at the time that Applicant submitted a job application to the City for the Lateral Police Officer position.
b. The three (3) years of experience as a full-time police officer must have occurred at a California POST-certified Police or Sheriff’s Department. i. The following examples do NOT count toward the experience requirement:

1. Street/patrol experience from an agency outside of
California.

2. Prior experience as a military police officer.

3. Prior experience as a correctional officer.

4. Prior experience as a Sheriff's Deputy working at a county jail or state prison.

Applicant represents that Applicant meets the eligibility requirements described above. If Applicant does not meet an eligibility requirement, Applicant agrees to notify the City of the unmet requirement. Determination of eligibility based on the prerequisite experience must be established prior to the start date of employment of applicant. The Chief of Police or Chief’s designee, shall not permit retroactive determinations of eligibility for individuals in the eligible classification, after the original hire date of the employee.

3. Requirements to Earn the Hiring Bonus. An eligible Lateral Police Officer earns the Hiring Bonus in two parts:
a. The first part of the Hiring Bonus, in the amount of $10,000.00 (ten thousand dollars and zero cents), shall be earned upon Applicant’s successful completion of the City’s Field Training Program, and shall become payable upon the first full pay period after successful completion of the Field Training Program.
b. The second part of the Hiring Bonus, in the amount of $50,000.00 (fifty thousand dollars and zero cents), shall be earned only if Applicant completes five (5) years employed with the City as a Lateral Police Officer. The five-year period does not start until after Applicant has successfully completed the Field Training Program. To the extent permitted by law, all hours taken off work for any type of leave of absence lasting more than fifteen (15) consecutive calendar days per calendar year will not count toward the five-year requirement. Such time off in excess of fifteen (15) days shall toll the completion of the five-year requirement by a corresponding amount of time, and the five-year accrual will resume when

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3 12118119.5 HE040-001
Applicant returns to work. Applicant must complete five full years of qualifying employment in order to receive the second part of the Hiring Bonus. The second part of the Hiring Bonus will not be prorated for partial completion of the five-year period.
c. The City Chief of Police, or Chief’s designee, must document satisfactory completion of requirement, prior to distribution of bonus compensation.

4. Effect of Termination of the Hiring Bonus Program. The City may terminate its Hiring Bonus Program (the “Program”) at any time at its discretion. Once Applicant has qualified to participate in the Hiring Bonus Program, Applicant shall have an opportunity to earn the Hiring Bonus even if the City later terminates the Program.

Applicant shall only have one opportunity to earn the Hiring Bonus after the City has terminated the Program. If Applicant fails to meet the requirements to earn the Hiring Bonus after the City has terminated the Program (e.g., Applicant fails to complete the Field Training Program or fails to complete the five-year work requirement before changing Applicant’s place of employment), then Applicant will not receive another chance to earn the Hiring Bonus.

5. Taxes. Applicant understands that the Hiring Bonus is subject to all regular deductions, including state and federal tax withholdings, and as required by law.

6. Entire Agreement. This Agreement constitutes a contract expressing the entire agreement of the Parties. This Agreement shall supersede, and render null and void, any and all prior agreements between the Parties concerning the subject matter of this Agreement.

7. Governing Law. This Agreement is executed and delivered in the State of California and the rights and obligations of the Parties under the Agreement shall be construed and enforced in accordance with the laws of the State of California.

The venue for any litigation concerning this Agreement shall be Riverside County, CA.

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

9. Waiver. No waiver by any party of any breach of any term or provision of this Agreement shall be construed to be, nor shall be, a waiver of any preceding, concurrent, or succeeding breach of the same or any other term or provision of this Agreement.

10. Neutral Interpretation. This Agreement is deemed to have been drafted jointly by the Parties. Any uncertainty or ambiguity shall not be construed for or against any party passed upon attribution of drafting to any party.

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4 12118119.5 HE040-001

11. Execution in Counterparts. The Parties may execute this Agreement in counterparts. All executed copies are duplicate originals and are equally admissible.

By: ________________________________ Date: __________________ Applicant
By: ________________________________ Date: __________________ Chief of Police

EMPLOYEE REFERRAL INFORMATION
Referred by: __________________________

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 12 2023
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the Issuance of Subpoenas for Certain Records Related to Transient Occupancy Taxes RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Issuance of Subpoenas for Certain Records Related to Transient Occupancy Taxes.

BACKGROUND:

To date, the City of Hemet has had limited enforcement of its Transient Occupancy Tax as established by Article III (Transient Occupancy Tax Ordinance) of Chapter 74 (Taxation) of the Hemet Municipal Code.

California Revenue and Taxation Code section 7280 authorizes the City of Hemet to levy a transient occupancy tax (TOT) on the short-term privilege of occupying a room in a hotel, inn, motel, or other lodging within the City limits. The Transient Occupancy Tax Ordinance requires hotel operators to collect the TOT and remit the proceeds to the City tax administrator.

California Government Code Section 37104 authorizes the City Council to issue legislative subpoenas "requiring the attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it." It is recommended that the City Council adopt the attached resolution issuing legislative subpoenas to hotel operators within the City to permit consistent enforcement of the City's Municipal Code. Using information obtained from the operators in response to the subpoenas, City staff will then bring noncompliant operators into compliance using the process found at Section 74-78 of the Hemet Municipal Code.

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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.

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

FISCAL IMPACT:

No fiscal impact from the Issuance of the Subpoenas. Potential increased revenue resulting from Transient Occupancy Tax collections.

ATTACHMENT(S):

Attachment 1: TOT Subpoena

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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, AUTHORIZING

THE ISSUANCE OF SUBPOENAS FOR CERTAIN

RECORDS RELATED TO TRANSIENT

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

WHEREAS, Government Code Section 37104, et seq. and
Hemet Municipal Code Section 1-28 authorizes the City Council of the City of Hemet to issue subpoenas “requiring the attendance of witnesses or the production of books or other documents for evidence or testimony in any action or proceeding before it”; and WHEREAS, Article III of Chapter 74 (Transient Occupancy Tax) of the Hemet Municipal Code generally requires operators of hotels and motels within the City of Hemet to collect from transients a tax equal to ten (10) percent of the rent charged by the operator; and
WHEREAS, under Section 74-80 of the Hemet Municipal
Code, each operator of a hotel or motel in the City has a duty to “keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and any payment to the city, which

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City of Hemet Resolution No. 2023-XXX
records the tax administrator shall have the right to inspect at all reasonable times.”; and
WHEREAS, the City Council finds that it is reasonably likely that the operators of the hotels and motels listed in Section 2 below within the City of Hemet have records related to the collection and payment of transient occupancy taxes to the City; and
WHEREAS, the City Council hereby determines that
probable cause exists to issue a legislative subpoena for any and all records in the possession of the operators of the hotels and motels listed in Section 2 below as may be necessary to determine the amount of such tax as such operators may have been liable for the collection of and any payment to the city; and
WHEREAS, this legislative subpoena serves a lawful
legislative purpose as the receipt of the information sought herein will help the City Council of the City of Hemet enforce the City of Hemet Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY

OF HEMET DOES HEREBY FIND AND RESOLVE AS
FOLLOWS:

SECTION 1. Incorporation of Recitals.

The City Council of the City of Hemet finds and determines that the above-referenced recitals are true and correct and the material to this Resolution.

SECTION 2. Hotels and Motels.

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City of Hemet Resolution No. 2023-XXX
The subpoenas authorized to be issued by Section 3 below shall be authorized for the operators of the following hotels and motels in the City of Hemet (the “Operators”):

Motel 6 Hemet – 3885 W. Florida Avenue
Hampton Inn & Suites Hemet – 3700 W. Florida Avenue
Golden Village Palms RV Resort – 3600 W. Florida Avenue Best Western Plus Diamond Valley Inn – 3510 W. Florida
Avenue
Budget Inn Hemet – 2800 W. Florida Avenue
California Budget Motel – 2780 W. Florida Avenue
Diamond Inn Hemet – 2700 W. Florida Avenue
Travelodge by Wyndham Hemet – 2625 W. Florida Avenue
Royal Inn & Suites Hemet – 1220 W. Florida Avenue
Quality Inn Hemet – San Jacinto – 1201 W. Florida Avenue Florida Inn – 1111 W. Florida Avenue
Days Inn by Wyndham Hemet – 800 W. Florida Avenue
Ramona Motel – 1120 E. Florida Avenue
Vagabond Inn Hemet – 2688 E. Florida Avenue
Hemet Motel – 475 N. San Jacinto Street
SECTION 3. Issuance of Subpoenas.

The City Council hereby authorizes the City Attorney and City Clerk to prepare subpoenas for any and all records in possession of the Operators (as defined in Section 2 above) as may be necessary to determine the amount of such transient

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City of Hemet Resolution No. 2023-XXX
occupancy tax such Operators may have been liable for the collection of and any payment to the City of Hemet. The Mayor, City Attorney, and City Clerk are authorized to take all actions necessary to issue, serve, and enforce the subpoenas.

SECTION 4. Effective Date.

This Resolution shall be in full force and effect upon
adoption.

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

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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 XXnd day of XXXXX, 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

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 12 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Eddie Pust, Police Chief;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Professional Service Agreement with Riverside County Department of Animal Services to Provide Animal Control Services for the City of Hemet for a Period of Nine (9) Months From October 1, 2023, to June 30, 2024, in an amount not to exceed $874,042.20, Waive the Procurement Process, and Authorize the City Manager to Execute Documents Required to Fulfill the Agreement
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Professional Service Agreement with Riverside County Department of Animal Services to Provide Animal Control Services for the City of Hemet for a Period of Nine (9) Months From October 1, 2023, to June 30 2024, in an Amount Not to Exceed $874,042.20, Waive the Procurement Process, and Authorize the City Manager to Execute Documents Required to Fulfill the Agreement.

BACKGROUND:

The Ramona Humane Society (RHS) has been providing animal control and sheltering services to the City of Hemet for the past several years, which included several amendments to extend the initial agreement. The last amendment extension occurred from July 1, 2022 to June 30, 2023, for the amount not to exceed $419,328 annually.

In December 2022, RHS informed the City that they would be moving away from animal control and enforcement duties and focusing on finding homes for sheltered pets.

After RHS provided this information, City staff explored different solutions for animal services for the City and found the best option available for animal control and sheltering services to be the County of Riverside Department of Animal Services.

During the past few months, City Staff has met with RHS and the County of Riverside staff to explore solutions and discuss alternatives. During that time, RHS agreed to continue to provide the City with

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