Agenda — Hemet City Council, October 22, 2024 (part 2 of 7)

17.D

Page 197 of 875 ends

CITY OF HEMET RESOLUTION NO. 2024-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
improvements to signify the completion of public improvements and to transfer ownership of the improvements to the City; and
WHEREAS, The SIAs allows the City Engineer to release of the Labor & Material Bonds after six months form the date that the City accepts the public improvements provided no stop notice claims have been received; and WHEREAS, the Performance Bond may be fully released after the one-year warranty period has expired in accordance with Section 13 of the SIAs; and

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

SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. ACCEPTANCE - The public improvements associated with Tracts 25168-1, 31620-1 and 31620 are accepted by the City and the one-year warranty period herby commences.

SECTION 3. AUTHORIZATION - The City Engineer is authorized to immediately reduce the Bond associated with public improvements for Tracts 25168-1, 31620-1 and 31620 to 25% of the original amount.

SECTION 4. OFFSITE - The City Engineer is authorized to accept the offsite landscape and water improvements associated with Tract 31620 upon satisfactory completion and subsequently reduce the separate bond to 25% for the offsite landscape and water improvements.

Page 6 of 121 ends

17.D

Page 198 of 875 ends

CITY OF HEMET RESOLUTION NO. 2024-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
SECTION 5. RELEASE - The City Engineer is authorized to subsequently release the Bonds in accordance with the terms of the SIAs after expiration of the warranty period.

SECTION 6. EFFECTIVE DATE - This Resolution shall become effective upon adoption.

PASSED, APPROVED AND ADOPTED this 22nd day of October, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

Page 7 of 121 ends

17.D

Page 199 of 875 ends

CITY OF HEMET RESOLUTION NO. 2024-XXX 5
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 22nd day of October, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

Page 8 of 121 ends

17.D

Page 200 of 875 ends

:
7 Pierce
175 Berkeley St!

SURETY BONDS AND OTHER SECURITY
TRACT NO. 31620
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 th amounts required by this Agreement, and has af?xed the appropriate signaturesthereto: e PERFORMANCE BOND PRINCIPAL AMOUNT: $ 403 997
Libertv Mutual lnsura Companv
fact: Noah William Pie
Address:

MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 403 997
Surety: Liberty Mutual Insurance Company
Noah William
Address: eet, Boston, MA02116
Surety:

Attomey-inAttorney-in—fact
CASH MONUMENT SECURITY: $
Amount depositedper Cash Receipt No. Date:

CITRUS POINTE, TR31620 SUBDIVISION BOND

Page 9 of 121 ends

17.D

Page 201 of 875 ends

MA
Four hundled three thousand nine hundred ninety seven dollars an Zero cents 403.997‘00
BOND NO. 016213749
INITIAL PREMIUM: $998.00

CITY OF HEMET
TRACT MAP NO. 31620 IMPROVEMENTS

FORM OF PERFORMANCE BOND
WHEREAS the City of Hemet, California (“City”) and DR. Horton Los Angeles Holding Company, Inc., a California Corporation (“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, traf?c controls, landscaping,street lights, and all other required facilities for Tract Map No. 31620_ (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated September 8, 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 suf?cient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW, THEREFORE, Principal and Liberty Mutual Insurance Company (“Surety”), a corporation organized and existing under the laws of the State of , and duly authorized to transact surety business under the laws of the State of California, are held and ?rmly bound unto City in the sum of
($ ), 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, ?rmly 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 inthe manner therein speci?ed and in all respects according to their intent and meaning, and to indemnify and save harmless City, its of?cers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void;

SUBJECT TO RENEWAL

KNOW ALL MEN BY THESE PRESENTS
CITRUS POINTE, TR31620

Page 10 of 121 ends

17.D

Page 202 of 875 ends

Angeles ”a m......,-.., ...-. Liberty Mutual Insurance Compan M—
As part of the obligation secured hereby, and in addition to the face amount speci?ed therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey’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, pro?les, and speci?cations 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 ?led to comply with Section 66499 e_tE. 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.

Attomey—In-Fact
0 Noah WilliamPierce
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL ANDISURETY, AND A COPY OF THE POWER OF

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

CITRUS POINTE, TR31620 SUBDIVISION BONDS

Page 11 of 121 ends

17.D

Page 203 of 875 ends

L
(fall-fiannila Ail-Iniurlpé Acrtl? ad 61Aknowldgmn!I
Angelyn r)l
WIT ES rn a?i'l
preceding
A notary public or other officer completing this certificate veri?es only the identity of the individualwho signed the document to which this certi?cate is attached, and not the truthfulness.accuracy, or validity of that document.

State of California
County of Riverside 5 S
on August 27, 2020 before r'neI Hale, Nota Public
personally appeared Jennifer L. O'Learv
Ninn: of i-Signe: :23
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is ANGEbLlY N
HCAlE
fE
. N t P ic- aiornra true and correct. 0 aR’iyvefside County Commission :52232976
S hand seal. My Comm. Expires Mar 8. 2022

OPTIONAL INFORMATION
Description of Attached Document
The Certi?cate of Acknowledgment is attached to a MethOd 0f Signer Identification document ti“ purpose 0f Proved to me on the basis of satisfactory evidence:

E form(s) of identification [3 credible witness(es)
containing pages, and Notarlal event is detailed in notaryjournal on:

The signer(s) capacity or authority is/are as: Page #— Entry #— :J |ndividua|(s) Notary contact:
:I Attorney-in-fact
3 CorporateOfficer(s) Other
Signer E] Signer(s)Thumbprints(s)
[j
_ Guardian/Conservator
: Partner- Limited/General
" Trustee(s)
_' Other:
representing
SmsII
I‘III‘III'IIIIII‘I :‘III’IIIII’IIIIIIzzIIIIIIIIIIIIIC St‘CIIUf) I "
I‘I‘Iwi?!I‘I<IIIIIII/I;I'I'I IIII IIIII siIIII HIE} I’l/‘IOIIZUI/ IIIII‘I‘SIIIII'I'IJI'I‘ IN/{IIII IICIIIIIIIIJIIIVOIII f'reIIII'IIII'OII I‘['O/IIOVII/ I‘II‘IIII’IIIIIIemII IIIIIIIIII‘(If III'II.IIIIII III {III III/HEN1y IJIUWJIIISIII‘IIIIL) [XE/SONS Ica/yIIIgon We III‘II'IIIII-III(/UMI IIIIIIII (10b NIII'IIIII LBI'HHIIK](SI: AllRIIIIIIIs Ros; (WC: II You (,éIII pLIII7IIrgIs“ ’JIIIOSIII IIIIs IIIIIII IIIIIIIIIIII‘III" I; a: WWW IIIEINIIIaIysSIO III

Page 12 of 121 ends

17.D

Page 204 of 875 ends

Catherine Thomgson
Noah WilliamPierce
STATE OF North Carolina
COUNTY OF Mecklenburg to wit:
l, , a Notary Public in and for the State and County aforesaid, do hereby certif y
that , whose name is signed to the foregoing bond this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.

Given under my hand this day of 2020.

Notary blic
the ? day of April, 2 22

Page 13 of 121 ends

17.D

Page 205 of 875 ends

Liberty Muggal.

Clmrmllc
Amen‘un >1
%
/ M/?i
>.
55 c
to
0mm
gg
o
councuwunn or PENNSYLVANIA g
a“ “5
3,: AOL“)W _
mesa g
u.

L:
‘5s
:3
Pyssmenl 3.8
9r 43:;
bmdv side sled euelaly 9":
may me cum Issrdenl : 'gg
u.- F53 0
Renee , lswe?yans‘slsmSeclelary
ThisPower of Attorneylimitsthe acts of those named herein.and they have no authority to bindthe Company except in the mannerand to the extent hereinstated.

Liberty Mutual Insurance Company
The Ohio Casualty lnsurance Company
West American Insurance Company

POWER OF ATTORNEY
1912 1919 1991
1912 1919
V8 9:00 am and 4:30 ESTon business
Certi?cateNo: 8196939
KNOWNALLPERSONSBYTHESEPRESENTS:ThatThe OhioCasualtyInsuranceCompanyis a corporationdulyorganizedunderthe lawsof the State of NewHampshire,that LibertyMutualInsuranceCompanyis a corporationdulyorganizedunderthe lawsofthe StateofMassachusetts,andWestAmericanInsuranceCompanyis a corporationdulyorganized underthe lawsofthe StateofIndiana(hereincollectivelycalledthe "Companies"), pursuanttoand byauthorityhereinset forth,doesherebyname,constituteandappoint.

Andrew M. Bennett.Jennifer B. Gullett, Noah William Pierce, John F. Thomas, Catherine Thompson. AmvR. Waugh allofthecityof state of NC each individuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-fact tomake, execute,seal,acknowledgeanddeliver.forandon itsbehalfas suretyandas itsact anddeed, anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance of these presents and shall be as bindingupon the Companiesas ifthey have been dulysignedbythe presidentand attested bythe secretary of the Companiesintheirown proper persons.

INWITNESSWHEREOF,this PowerofAttorneyhas been subscribedbyan authorizedofficeror officialofthe Companiesand the corporateseals oftheCompanieshavebeenaf?xed theretothis 3rd dayof , 2018 . LibertyMutualInsuranceCompany TheOhioCasualtyInsuranceCompany
West InsuranceCompany
DavidM.Carey,AssistantSecretary
StateofPENNSYLVANIA
CountyofMONTGOMERY
Onthis 3rd dayof , 2018 beforeme personallyappeared DavidM.Carey,whoacknowledgedhimselfto be theAssistantSecretaryofLibertyMutualInsurance Company,TheOhioCasualtyCompany,and WestAmericanInsuranceCompany,and that he, as such, beingauthorizedso to do, execute the foregoinginstrumentforthe purposes thereincontainedbysigningon behalfofthe corporationsbyhimselfas a dulyauthorizedofficer.

INWITNESSWHEREOF,Ihave hereuntosubscribedmyname and affixedmynotarialsealat KingofPrussia,Pennsylvania,on the dayandyear?rstabovewritten.

ThisPowerofAttorneyismade and executedpursuantto and byauthorityofthefollowingBy-IawsandAuthorizationsofTheOhioCasualtyInsuranceCompany,LibertyMutualInsurance Company,and West AmericanInsuranceCompanywhichresolutionsare nowinfullforceandeffectreadingas follows:

ARTICLEIV— OFFICERS:Section12.PowerofAttorney.

Anyof?cerorotherofficialoftheCorporationauthorizedforthat purposeinwritingbytheChairmanorthe President,andsubjectto suchlimitationas theChairmanorthe may prescribe,shallappointsuchatlorneys—in-fact, as maybe necessaryto act inbehalfoftheCorporationto make, execute, seal, acknowledgeanddeliveras suretyany and all undertakings,bonds, recognizancesand othersurety obligations.Such attorneys-in-fact,subjectto the limitationsset forthintheirrespectivepowersof attorney,shallhave full powerto bindthe Corporationbytheirsignatureandexecutionofany suchinstrumentsandto attachtheretotheseal oftheCorporation.Whenso executed,suchinstrumentshall be as ng as ifsignedbythe Pre nt and atte to bythe S .Anypoweror authoritygrantedto any representativeor attorney-in-factundertheprovisionsofthis article be revokedat anytimeby Board,the rman,the P orbytheof?cerorof?cersgrantingsuchpoweror authority.

ARTICLEXlll— Execution of Contracts:Section5. SuretyBondsandUndertakings.

Anyof?cerof theCompanyauthorizedforthatpurposeinwritingbythe chairmanorthe president,and subjectto such limitationsas the chairmanor the presidentmayprescribe, shallappointsuch attorneys-in-fact,as maybe necessaryto act in behalfofthe Companyto make,execute, seal, acknowledgeand deliveras surety any and allundertakings, bonds,recognizancesand othersuretyobligations.Such attorneys-in-factsubjectto the limitationsset forthintheirrespectivepowersofattorney,shallhave fullpowerto bindthe Companybytheirsignatureand executionofany such instrumentsand to attachtheretothe seal of theCompany.Whenso executed such instrumentsshallbe as bindingas if signedbythe presidentand attestedbythe secretary.

Certificateof Designation — ThePresidentofthe Company,actingpursuantto the BylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretaryto appointsuch attorneys-infabct as may be necessary to act on behalfoftheCompanyto make,execute, seal, acknowledgeanddeliveras surety any and allundertakings,bonds,recognizancesandothersurety o Iigations.

I,ReneeC. Llewellyn,the undersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,and WestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichthe foregoingis a full,trueandcorrect copyofthe PowerofAttorneyexecutedbysaidCompanies,isinfullforceand effectand has not been revoked.

INTESTIMONYWHEREOF,Ihavehereuntoset myhandandaffixedthe sealsofsaidCompaniesthis 25th dayof August , 2020 . ‘2
SURETY
LMS-12873 LMICOCIC WAIC MulliCo 062018
Nularial Seal Teresa Faslella, Nulary Public Upper MarionTwp , Monqumory County My Commission Expires March 28.2021 Membsr.Pennsylvania Assucialiun of Notaries Pastella.NotaryPubli c

Page 14 of 121 ends

17.D

Page 206 of 875 ends

Liberty MutualInsurance Comgan
Four hundred three thousand, nine hundred ninety
seven dollars an zero cents 403,997.00)
BOND NO. 016213749
INITIAL PREMIUM: $998.00

CITY OF HEMET
TRACT MAP 31620 IMPROVEMENTS

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

WHEREAS the City of Hemet California (“City”) and DR. Horton Los Angeles Holding Company, Inc., a California Corporation (“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, traf?c controls, landscaping, street lights, and all other required facilities for Tract Map No. 31620_ (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated September 8, 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 if Principalor any of its subcontractorsshallfail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and y (“Surety”), a
corporation organized and existing under the laws of the State of MA and duly authorized to transact business under the laws of the State of California, are held and ?rmly bound unto City and to any and all material men, persons, companies or corporations?irnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companiesor corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of
($ , 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, ?rmly by these presents.

SUBJECT TO RENEWAL
CITRUS POINTE, TR31620

Page 15 of 121 ends

17.D

Page 207 of 875 ends

.. n," ,, H. "W. Company ‘
K.
15:
(mm L 0min?
?y
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 speci?ed herein.

As part of the obligation secured hereby, and in addition to the face amount speci?ed therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey’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 e_ts_eq.of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipmentfor 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 bene?t of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attomey-in-F act at Charlotte, NC , this 25th day of August 2020 n R Hnrtnn Los Anoeles Holdino . Inc Liberty Mutual Insurance Company Principal Surety
By By:
, Attomey-In-F act
Noah William Pierce
(print name) (print name)
CITRUS POINTE, TR3I620 SUBDIVISION BONDS

Page 16 of 121 ends

17.D

Page 208 of 875 ends

NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

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

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

CITRUS POINTE, TR31620 SUBDIVISION BONDS

Page 17 of 121 ends

17.D

Page 209 of 875 ends

‘ {zamémla?ll-Iliumc“?l? i ofAlKnéwiig'h indH
ing “thaw——
E] Additional
I
]
A notary public or other officer completing this certificate veri?es only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness.accuracy, or validity of that document.

State of California
County of Riverside 5 5
On August 27, 2020 before me, Angelyn Hale, Notary Public personally appeared Jennifer L. O'Learv
Niiizw of Hignrr <3")
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/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/thein signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is ANGELYNHALE Notary Public — California true and correct. Riverside Coumy Commission : 2232976
hand seal My Cemmr Expires Mar8. 2022
NNAl

OPTIONAL INFORMA TION
Description of Attached Document
The preced Certi?cate of Acknowledgment is attached to a Method 01‘Signer Identi?cation documem 0f Proved to me on the basis of satisfactory evidence:

D form(s) of identification D credible witness(es)
containing pages, and dated Notarialevent is detailed in notaryjournal on:

The signer(s) capacity or authority is/are as: Page #— Em”— : |ndividua|(s) Notary contact:
_ Attorney-in-fact
: CorporateOfficer(s) Other
Signer l: Signer(s)Thumbprints(s)
Guardian/Conservator
Partner- Limited/General
Trustee(s)
Other:
representing:

Name 0131111191
14-?W/1W?12111111111111111/11s 3111:1111”13.111111111711111111111/11’5‘1‘1/ 1/0011/1111113‘111111"11111110’11/ 111111-11 1'11111111m11. 1111111111111111112121? 11'111111112111 111111 1131,1‘11/[1'111111111111311/111111} 11111/11:111‘!1/ 11110111

Page 18 of 121 ends

17.D

Page 210 of 875 ends

Catherine Thomgson
Noah WilliamPierce
It
Given under my hand this 95 day of mi-.20E
:

Nota i
STATE OF North Carolina
COUNTY OF Mecklenburg to wit:

I, , a Notary Public in and for the State and County aforesaid, do hereby certif y
that , whose name is signed to the foregoing bond this day personally, appeared before me in my said State and County aforesaid and acknowledged the same. ry Public
Ion expires on the gmday of AQFII,2022

Page 19 of 121 ends

17.D

Page 211 of 875 ends

Libcrt I‘Lutgayl
Dumber

ENNSYLVANIA

MONTGOMERY
Campa Casua lyCom
\hersill slanmgon her.

TmsPowslolAllomelsmade
ComuanylandWasl manna"
blndi
may
Oclobcr
Wes!Ame
orporalmns
side
[he
ecrelsry
raSldzrll
and
lied
mesa Paslalla‘NulalyPub?l:

President
Renee c.Llewellyn,AsslslanlSeuelaly
This Power ofAttorney limitsthe acts of those named herein.and they have no authority to bindthe Company except in the mannerand to the extent hereinstated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certi?cateNo:
1912 1919 1991

COMMONWEALTH OF PENNSYLVANIA
8196939
am on business
SURETY
Andrew M. Bennett, Jennifer B. Gnllett, Noah William Pierce, John F. Thomas, Catherine Thompson, Amy R. Waugh allofthe cityof NC
Noterial Seal Teresa Pastella.Notary Public Upper MerionTwp , Monlgcmury County My Commission Expires March 28, 2021 MemberlPennsylvania Assuciatiun of Nolan'es LMS—12673LMICOCIC WAIC MulliCo 062018
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyis a corporationdulyorganizedunderthe laws ofthe State of NewHampshire,that LibertyMutualinsuranceCompanyis a corporationdulyorganizedunderthe lawsofthe StateofMassachusetts,and West AmericanInsuranceCompanyis a corporationdulyorganize d underthelawsofthe StateofIndiana(hereincollectivelycalledthe "Companies"),pursuantto andbyauthorityhereinsetforth,doesherebyname.constituteandappoint, Charlotte state of each individuallyiftherebemorethanone named,itstrueandlawfulattorney-in-factomake , execute, seal, acknowledgeanddeliver,forandon itsbehalfas suretyandas itsact anddeed, anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuanc e of these presentsand shallbe as bindinguponthe Companiesas ifthey have been dulysignedbythe presidentand attestedbythe secretaryofthe Companiesintheir ownprope persons. r
INWITNESSWHEREOF,thisPowerofAttorneyhas beensubscribedbyan authorizedofficerorof?cialofthe Companiesand the corporateseals oftheCompanieshave been af?xe theretothis 3rd dayof , 2018 . d
LibertyMutualInsuranceCompany
TheOhioCasualtyInsuranceCompany
West InsuranceCompany
DavidM.Carey,AssistantSecretary
State ofP ss Countyof
Onthis 3rd dayof , 2018 beforemepersonallyappearedDavidM.Carey,whoacknowledgedhimselfto be theAssistantSecretaryofLibertyMutualInsuranc e ny, TheOhio I pany, and ricanInsuranceCompany, thathe, as such, beingauthorizedso to do, execute the foregoinginstrumentforthe purpose containedby alfofthe c byhimselfas a dulyauthor officer. s INWITNESSWHEREOF,Ihave hereuntosubscribedmynameand af?xedmynotarlalseal at KingofPrussia,Pennsylvania,onthedayand year?rstabovewritten. and executedpursuantto andbyauthorityofthefollowingBy-IawsandAuthorizationsofTheOhioCasualtyInsuranceCompany,LibertyMutualInsuranc InsuranceCompanywhichresolutionsare nowinfullforceandeffectreadingas follows: e ARTICLEIV- OFFICERS:Section12.PowerofAttorney.

Anyof?cerorotherofficialofthe Corporationauthorizedforthat purposeinwritingbythe ChairmanorthePresident,andsubjecttosuch limitationas theChairmanorthe mayprescribe,shallappointsuch attorneys-in-fact,as maybe necessaryto act inbehalfoftheCorporationto make,execute,seal, acknowledgeand deliveras suretyany andall undertakings,bonds, recognizancesand other surety obligations.Such attorneys-in-fact,subjectto the limitationsset forthin theirrespectivepowersof attorney,shallhaveful l powerto bindtheCorporationbytheirsignatureandexecutionofanysuch instrumentsandto attachtheretothesealoftheCorporation.Whenso executed,suchinstrumentshal be as ng as l
ifsignedby the Pre nt and attestedto bythe S . Anypoweror authoritygrantedto any representativeor attorney-in-factunderthe provisionsofthi article be revokedat any timeby Board,theChairman,theP or bythe of?ceror of?cersgrantingsuchpowerorauthority. s ARTICLEXIII— Execution of Contracts:Section5. SuretyBondsandUndertakings.

Anyof?cerofthe Companyauthorizedforthatpurposeinwritingbythe chairmanorthe president,and subjectto such limitationsas the chairmanor the presidentmayprescribe , shallappointsuch attorneys-in-fact,as maybe necessaryto act in behalfofthe Companyto make,execute, seal, acknowledgeand deliveras surety any and allundertaking bonds, s, recognizancesand othersuretyobligations.Suchattorneys-in-factsubjectto the limitationsset forthintheirrespectivepowersofattorney,shallhave fullpowerto bindthe Companybytheirsignatureand executionof any such instrumentsand to attach theretothe seal ofthe Company.Whenso executedsuch instrumentshallbe as bindingas if signedbythe presidentand attestedbythe secretary.

Certificateof Designation— The PresidentoftheCompany,actingpursuantto the BylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretaryto appointsuchattorneysin- fact as maybe necessaryto act on behalfoftheCompanyto make.execute,seal, acknowledgeand deliveras surety any andallundertakings,bonds,recognizancesand othersurety obligations.

Authorization— Byunanimousconsentofthe Company'sBoardofDirectors,theCompanyconsentsthatfacsimileor mechanicallyreproducedsignatureofany assistantsecretaryofthe Company,whereverappearingupona certi?edcopyofany powerofattorneyissuedbytheCompanyinconnectionwithsurety bonds,shallbevalidand bindingupontheCompanywit the same forceand effectas thoughmanuallyaf?xed. h
I.ReneeC. Llewellyn,the undersigned,AssistantSecretary,The OhioCasualty InsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichthe foregoingis a full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceand effectand has notbeenrevoked.

INTESTIMONYWHEREOF,Ihavehereuntoset myhandandaffixedthesealsofsaidCompaniesthis 25th dayof August , 2020 .

Page 20 of 121 ends

17.D

Page 212 of 875 ends

SUBD ND

ITHFU RF RMAN
DR. Horton Lns AngeiesHoldingComgany Inc.

Specia?/ A-.. -
,
V ,ny

FIRSTTERMPREMIUMFULLY EARNE
D Bond Number 2 800054875
Premium: $454.00
IVISION B0
FA L PE 0 CE
KNOW ALLMEN BY THESEPRESENTS: That, ,
asPrincipal, and the Atlantic Insurance Comm a
corporationorganizedand existing under the laws of the State of NY and authorizedto transact surety business in the State of CA as Surety, are held and ?rmly bound unto City of Hemet , as Obligee, in the
sum of One Hundred Fiftv Nine Thousand One Hundred Fortv Five Dollars and 00/1 DOLLARS I $59,145.00 ), for Whichthe payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators,successors, and assigns, jointly and severally, firmly by these presents.

THE Condition of the foregoing obligation is such that, wherem the above bounden Principal has entered into a contract/agreement,dated ,with the Obligee to do and performthe followingwork; to wit:

Citrus Pointe Tract 31620 — Offsite Landscape & Water Improvements NOW, THEREFORE,if the above bounden Principal shall well and truly performthe work contractedto be performedundersaid contract, then this obligationshall be void; otherwiseto remain in full force and effect.

SIGNED,SEALED,DATED: February 25, 2022
(Surety)
(Principal)
DR. Horton Los Angeles Holding Company, Inc Atlantic Specialty Insurance Company BY” By:

Noah William Pierce ,Attomey In Fact
Surety Phone No. 800-662-0156

Page 21 of 121 ends

17.D

Page 213 of 875 ends

SUBD ND

MA MENT
DR. Hanan Los Angeles Holding Comgany Inc.

Specialty
,HLM .7
,,,,,,a .,
BondNumber: 800054875

IVISION BO

LABOR & TERIAL/PAY
KNOW ALLMEN BY THESE PRESENTS: That we,
as Principal,and Atlantic Insurance Companv . as
Surety, are held and ?rmly bound unto City of Hemet , as Obllgee, in the sum of One Hundred Fifrv Nine Thousand One Indred Fortv Five Dollars nd 00/100 DOLLARS($159,145.00 ), lawful money of the United States of America, for the payment of whichsum will and truly to be made,we bind ourselvesjointly and severally,?rmlyby these presents.

THECONDITIONOF THIS OLBIGATIONIS SUCH, That, Whereas,said Principal has entered into a SubdivisionAgreement with the Obligee,dated in which said Principal agrees to construct designatedpublic improvements,as follow:

Citrus Pointe Tract 31620 - Offslte Landscape & Water Improvements And, as a condition of approvingsaid Subdivision, the Principal is requiredto give Labor and Material PaymentBondas hereinprovided.

NOW, THEREFORE, if said Principal and/or contractor or subcontractorfails to pay for any materials, provisions,or rentedequipmentusedin, upon, or for or aboutthe constructionof the publicimprovements for performanceof the work to be done, or any work or labor done of any kind, in or on such improvements,said surety will pay the same in an amount not exceeding the sumset forth above.

This bond shall insure to the bene?t of the contractor, his subcontractors, and to persons renting equipmentor furnishinglabor and materialsto them for the improvements.

SIGNED,SEALED,DATED: February 25, 2022
(Surety)
(Principal)
DR Horton L05 Angeles Ho'ding Company. Inc. Atlantic Specialty Insurance Company By". BYWilliam Pierce ,Attomey In Fact
Phone No. 800-662-0156
1935

Page 22 of 121 ends

17.D

Page 214 of 875 ends

intact
msuunu
Ngath amEgQg
hi1. mks. accusessell and im. (or bonds. mcoguimnc .mnm of ind .and all nnnuwrill' igalnry MIMI-c memopmyidodma! no bondor! dcmkin aulhorily coed In nmnun:me In or:sixty mllll m (swmomop execu? such stnlvcd: ThmmeP-nsidsnn,any Salim vzncPmsiocn: or Vicc~meidcnl (cash an “AuduoriwdOmar") may exwule found inmun thc Company any and n» bonds.mognizanm.wnu1cvs nrinnsnumy. and:11ans:wrilillgs ohligmoryin In: nnzurethermal.Ind l?'xx as:sea] of the Company true: Ind maxme Anmm'ixed0mm may Ippoinl nnd amhuviu nn Anumcy—in-Fuclo cxcwlc on behalf nnnnCnmpsny my and .11such nmmmsnnand aim msCompany su:rim-Em:and mum AuthorizedDf?czr my n sny nmsmmv: any such Manny-inn“ andmm n11paws: and nnmnnnygiven any such Niamey-in» Resolved: my meAnorn m~Fac| my be given fullpowerand numerilymexam [or undin msname and on behalf of msCompnny any and m bonds, mogniunccs. commas afindunnily. Ind nuonhcrwrilings onngmryin ms"mute emf, .nnnny such immunAnKexecuted by sny such AnomcquFacl be ns bindingupon m Coznpnny u "5in nnnmm: by an Aumoriud Of?cer .n runner.msAIIomgy-in-Fna |s hereby mmorixtd to unify any nmdny recogniun
Rcsolved: Thulhe signalumofnn AumonzodO?‘m, masignlnue n1meSocnury or meAnsisnn-Sammy and us:Company scal may be mixed by rnnsnnunmmy powerormomcy one my certi?cal: Ivlnnngmsmnappointing nu Ammzy-in-Fact for wxposss only orsxocunngand scalingany nona. undc-um-g, mngniznno: or other wrineu nbligalioninmsmum: mmor.nnnnny such sigmluxl and son:wnmso used. being hcnby adopted by m:Company as Ihc origin! signuxumof sudI ommsnameoriy'nnl ma! 0! my:Company. Io be vuid and binding uponmeCnmpmy wnnumsame force and cffm ns mougn mou
cannula-Ion Elplnl
January 31,1026
Power of Attorney
Surety Bond No: 800054875 Principal:D.R.Horton Los Angeles Holding Company, Inc.

Obligee: City of Hemet
KNOW ALL MEN BY THESE PRESENTS.that ATLANTIC SPECIALTYINSURANCECOMPANY. a New York corporationwith its principal o?‘ice in Plymouth, Minnesota.does hereby constitute and appoint: , each individually if there be more than one named, its true and lawful Attorneyin to del and on its f as s and all es emnity ngs obl in the f; un g executed r this shall ex su on doll and the on of bonds.recognizances. contracts of indemnity. and all other writings obligatory in the nature thereof in pursuance of these presents. shall be as binding upon saidCompany as if they had been fully signed by an authorized of?cer of theCompany and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCECOMPANYon the twenty-?fth day of September. 2012:
of
th
to
to Fact.
te
th shall
d. it
required to be attached to bonds, ces, contracts of indenmity.and all other writings obligatory in the nature thereof.

This power of anomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCECOMPANY on the twenty-?fth day of September. 2012:
manually af?xed.

IN WITNESSWI-IEREOF, ATLANTIC SPECIALTYINSURANCECOMPANY has caused these presents to be signed by an AuthorizedOf?cer and the seal of the Company to be af?xed this ??h day ofMarch.2020.

By
STATE OF MINNESOTA Paul J. Brehrn, Senior Vice President

HENNEPINCOUNTY
On this ??h day of March, 2020.before me personallycame Paul J. Brehm, Senior Vice President of ATLANTICSPECIALTY INSURANCE COMPANY.to me personally known to be the individual and of?cer described in and who executed the precedinginstrument, and he acknowledged the execution of the same.and being by me duly sworn, that he is the said of?cer of the Company aforesaid, and that the seal af?xed to the precedinginstrument is the seal of said Company and that the said seal and the signature as such of?cer was duly af?xed and subscribed to the said instrument by the authority and at the direction of the Company.

AllSONDWANNASH-IROUT
NOTARYPUBUCW
Notary Public
Signed and sealed. D day of Februarv. 2022
1986
C ;
Christopher V. Jerry, Secretary
I, the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCECOMPANY.a New York Corporation.do hereby certify that the foregoing power of attorney in full force and has not been revoked, and the resolutions set forth above are now in force.

Page 23 of 121 ends

17.D

Page 215 of 875 ends

RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

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

CITY OF HEMET
Attn: City Manager
445 East Florida Avenue
Hemet, California 92543
RIV # 4826- 7673- 2361 vl
DRAFT
2020- 0526244
10/ 29/ 2020 11: 18 AM Fee: $ 0. 00

Page 1 of 22 ends

Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk - Recorder)
IIIIR,i ' RWI VE111L , 1111

THIS SPACE FOR RECORDER' S USE ONLY

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 25168- 1
Lots 35- 37, 60, 64 and 65)
By and Between

THE CITY OF HEMET,
a municipal corporation
and
D. R. Horton Los Angeles Holding Company, Inc.,
a California corporation
DATED September 8, 2020
GIZ4L

Page 24 of 121 ends

17.D

Page 216 of 875 ends

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 25168- 1
This Subdivision Improvement Agreement (" Agreement") is entered into as of this 8th day of September, 2020 by and between the City of Hemet, a municipal corporation (" City") and D.R. Horton Los Angeles Holding Company, Inc., a California corporation (" 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. 25168- 1. On August 24, 1999, the City conditionally approved Tract Map No. 25168- 1.

B. On December 20, 2005, the City Council authorized the City Clerk to reduce the security by executing a Deed of Full Reconveyance of the Trust Deed ( Instrument No. 1999- 416187) as improvements with Tract Map 25168- 1 were substantially complete.

C. JDP Development, Inc. (" Original 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 SeMc .), (" Map Act") the City Ordinances, the conditions of approval for Tract No. 25168- 1, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

D. Developer has acquired Lots 35- 37, 60, 64, and 65 of Tract Map No. 25168- 1 from the Original Developer.

E. The City desires to enter into this Agreement superseding the Subdivision Improvement Agreement by and between the City of Hemet, a municipal corporation and Original Developer, also known as Riverside County Recorder Office Document No. 1999- 416186 (" Original Subdivision Improvement Agreement").

F. The 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 No. 25168- 1, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

G. 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. 25168- 1.

RIV # 4826- 7673- 2361 v1
DRAFT

Page 25 of 121 ends

17.D

Page 217 of 875 ends

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

I. 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. 25168- 1.

DEFINED TERMS
Developer" shall mean D.R. Horton Los Angeles Holding Company Inc., a California corporation. The term " Developer" shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor -in -interest to Developer having a legal and/or equitable interest in the Property.

Estimated Costs" shall mean the City Engineer' s approximation of the actual cost to construct the Public Improvements, 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 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. 25168- 1 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, recertification of rough graded pads, finish grade, repair existing streets, curbs and gutters, sidewalks, water systems, sanitary sewers, utilities, and drainage facilities (if any), 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. 25168- 1 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Tract Map No. 25168- 1. 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. 25168- 1, 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 18.

RIV # 4826- 7673- 2361 v1 - 2-
DRAFT
2-
DRAFT

Page 26 of 121 ends

17.D

Page 218 of 875 ends

Security" shall mean surety bonds in the amounts and under the terms of Section 13 or other security approved by City Engineer or City Attorney.

Tract No 25168- 1" shall mean lots 35- 37, 60, 64 and 65 of the final map prepared and approved by the City for tentative tract map no. 25168- 1.

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

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the 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. SUPERSESSION. This Agreement supersedes and replaces the Original Subdivision Improvement Agreement in its entirety. Upon execution of this Agreement by the Developer, the Original Subdivision Improvement Agreement shall be of no further force and effect.

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

2. 1 Security. Developer provides City with the Security ofthe type and in the amounts required by this Agreement;

2. 2 Final Map and Agreement Approval. The City Council of the City of Hemet (" City Council") previously approved final map for Tract Map No. 25168- 1 and now approves this Agreement;

2. 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 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.

3. 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 ofthe 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.

RIV # 4826- 7673- 2361 v1 - 3-
DRAFT
3-
DRAFT

Page 27 of 121 ends

17.D

Page 219 of 875 ends

3. 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.

3. 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.

3. 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.

3. 4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

3. 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.

3. 6 Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the 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 RIV # 4826- 7673- 2361 v1 - 4-
DRAFT
4-
DRAFT

Page 28 of 121 ends

17.D

Page 220 of 875 ends

Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer' s surety for this Agreement.

4. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.

City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures.

City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City' s acceptance of the 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, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer' s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

5. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 5. 1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within three ( 3) years ( 36 months) following approval of the final map for Tract No. 25168- 1.

5. 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 13. 0 et M. 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.

5. 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.

RIV # 4826- 7673- 2361 v1 - 5-
DRAFT
5-
DRAFT

Page 29 of 121 ends

17.D

Page 221 of 875 ends

5. 3 Developer Obligations Do Not Terminate. Notwithstanding the construction schedule and option for extensions provided in Sections 5. 1 and 5. 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.

6. 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. 25168- 1 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 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 13. 0 et SeMc . of this Agreement.

7. 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. 25168- 1 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.

8. 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. 25168- 1, or as required by other governmental agencies having jurisdiction over Tract Map No. 25168- 1.

9. 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 of the Public Improvements and areas where construction of the 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 RIV # 4826- 7673- 2361 v1 - 6-
DRAFT
6-
DRAFT

Page 30 of 121 ends

17.D

Page 222 of 875 ends

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.

10. 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.

11. 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 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.

11. 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.

11. 2 City Acceptance of Public Improvements. If Tract Map No. 25168- 1 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.

11. 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.

Page 31 of 121 ends

17.D

Page 223 of 875 ends

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.

13. 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 of the Public Improvements under Section 5 [ 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 13. 0 et ss.) shall in no way limit or modify Developer' s indemnification obligation provided in Section 17. 0 ofthis Agreement.

13. 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 19. 0 et seq. of this 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 Four Hundred Three Thousand, Nine Hundred Ninety - Seven dollars ($ 403, 997), which sum shall be not less than one hundred percent ( 100%) of the Estimated Costs.

13. 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. 25168- 1, 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 of the Warranty period, or any extension thereof as provided in Section 12. 0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 25168- 1.

13. 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 Four Hundred Three Thousand, Nine Hundred Ninety -Seven dollars ($ 403,997), 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 RIV # 4826- 7673- 2361 v1 - 8-
DRAFT
8-
DRAFT

Page 32 of 121 ends

17.D

Page 224 of 875 ends

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.

13. 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.

13. 5 Form of Security. The evidence of the Security shall be provided on the forms set forth in Attachment " C", unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Attachment " C" and incorporated herein by this reference.

13. 6 Developer' s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to cooperate with City to facilitate City' s realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument. 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 of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 13.

14. 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 No. 25168- 1 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 Three Thousand Dollars ($ 3, 000), 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 of the 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. 25168- 1.

Page 33 of 121 ends

17.D

Page 225 of 875 ends

a public purpose. As to Developer' s default on those obligations for which security has been provided pursuant to Sections 13. 0 et seq. and 14. 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.

16. 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.

17. 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 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.

18. INSURANCE.

18. 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.

18. 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.

Page 34 of 121 ends

17.D

Page 226 of 875 ends

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.

18. 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.

18. 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.

18. 3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.

18. 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.

18. 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.

18. 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.

RIV # 4826- 7673- 2361 v1
DRAFT

Page 35 of 121 ends

17.D

Page 227 of 875 ends

18. 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.

19. DEFAULT; NOTICE; REMEDIES.

19. 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 twentyfour (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 10. 0 of this Agreement.

19. 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 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.

19. 3 Other Remedies. No action by City pursuant to Section 19. 0 et SeMc . 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 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.

20. GENERAL PROVISIONS.

20. 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.

RIV # 4826- 7673- 23610 - 12-
DRAFT
12-
DRAFT

Page 36 of 121 ends

17.D

Page 228 of 875 ends

20.2 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.

20.3 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.

20. 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
DEVELOPER:

D. R. Horton Los Angeles Holding Company, Inc.

Attn: Susan Paradiso
2280 Wardlow Circle, Suite 100
Corona, CA 92878
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.

20. 5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

20.6 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 RIV # 4826- 7673- 2361 v1 - 13-
DRAFT
13-
DRAFT

Page 37 of 121 ends

17.D

Page 229 of 875 ends

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.

20. 7 Assianment or Transfer of Aueement. 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, hypothecate, 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.

20. 8 Bindine 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.

20. 9 No Third -Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.

20. 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.

20. 11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

20. 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.

20. 13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract Map No. 25168- 1, 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 RIV # 4826- 7673- 2361 vi - 14-
DRAFT
14-
DRAFT

Page 38 of 121 ends

17.D

Page 230 of 875 ends

Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

20. 14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

20. 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.

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

CITY OF HEMET
By:

Christopher opez, City Manager
ATTEST:

CiWOXAM..' -
Clay James
Deputy City Clerk

APPROVED AS TO FORM
By:

Sil TH AS J6x
ey A s 1 s -m rT C (w A1-Tbi2N"
D.R. HORTON LOS ANGELES HOLDING COMPANY, INC.
r) VA_ hAA& rrL1eA
In r Alts: - 95
Its:

RIV # 4826- 7673- 2361 vl - 15 -
DRAFT

Page 39 of 121 ends

17.D

Page 231 of 875 ends

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

State of California
County of Riverside
On September 3, 2020 before me, Angelyn Hale, Notary Public personally appeared Barbara M. Murakami & Jennifer L. O'Leary who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity(ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WIT ESS my hand an offi I seal.

OPTIONAL INFORMATION
At ,, ANGELYN HALE
Notary Public California
Riverside County >
i Commission #
2232aj My Comm. Expires Mar
Seal
AN` r ation in this section is ne fraudulent removal and reattachment of his at. . to an unauthorized document and may prove useful to persons relying on the attached document Description of Atta-bh,@d Document
The preceding Certificate of
document titled/ for the purpose of
containing pages, and dated
gment is attached to a ! Method of Signer Identification The signer( s) capacity or authority is/ are as:

Individual( s)
Attorney- in- fact
Corporate Officer( s)
Guardian/ Conservator
Partner - Limited/ General
Trustee( s)
Other:
representing:

Proved to me on the basis of satisfactory evidence:
form( s) of identification credible witness( es)
Notarial event is detailed in notary journal on:

Other
Page # Entry #
contact:
ner Signer(s) Thumbprints( s)

Page 40 of 121 ends

17.D

Page 232 of 875 ends

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 # 4826- 7673- 2361 vl - 16-
DRAFT
16_
DRAFT

Page 41 of 121 ends

17.D

Page 233 of 875 ends

EXHIBIT " A"

LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 25168- 1
PARCEL C: ( APNS: 551- 491- 017 THROUGH 551- 491- 019 AND 551- 492- 007 AND 551- 493- 004 AND 551- 493- 005)
LOTS 35 THROUGH 37, INCLUSIVE, 60, 64 AND 65, INCLUSIVE, OF TRACT 25168- 1, IN THE CITY

OF HEMET, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 284, PAGES 53 THROUGH 57, INCLUSIVE, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

RIV # 4837- 5047- 1680 v3 I

SUBDIVISION IMPROVEMENT AGREEMENT
DRAFT

Page 42 of 121 ends

17.D

Page 234 of 875 ends

EXHIBIT " B"

LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 25168- 1
RIV #4826-7673- 2361 vI 1

SUBDIVISION IMPROVEMENT AGREEMENT
DRAFT

Page 43 of 121 ends

17.D

Page 235 of 875 ends

13 MEN AZ8a(:t!MCMWWq ZHU
626) 914- 6256
1620 SOUTH GRAND AVENUE, GLENDORA, CALIFORNIA 91740

CITY OF HEMET

TRACT IMPROVEMENTS

ENGINEER' S ESTIMATE
Engmeenng
Plorn! ng
Surveying

Page 1 of 1 ends

PROJECT: TR 25168- 1 DATE: 09- 01- 2020
LOCATION: NEC FLORIDA AVENUE & LAKE STREET
ITEM
NO. QUANTITY UNIT DESCRIPTION OF ITEM
UNIT
COST
TOTAL
COST
1 10 EA INSTALL YARD DRAIN 100. 00 1, 000. 00
2 756 LF INSTALL 3" PVC SDR -35 PIPE. 12. 00 9, 072. 00 3 9 EA CONSTRUCT 3" CURB DRAIN PER SPPWC STD. 150- 3 10. 00 90. 00 4 376 SF CONSTRUCT 4" CONCRETE PATHWAY 4. 00 1, 504. 00 5 2413 SF CONSTRUCT 6" CONCRETE DRIVEWAY 6. 00 14, 478. 00 6 6 EA CONSTRUCT RESIDENTIAL DRIVEWAY 500. 00 3, 000. 00 SUBTOTAL 29, 144. 00
GRAND TOTAL 29, 144. 00
p/ proj/ DRH/ 25168- 1 Tract Imp Eng Est -9- 1- 20

Page 44 of 121 ends

17.D

Page 236 of 875 ends

BOND NO. 016213749
INITIAL PREMIUM: $ 998. 00

SUBJECT TO RENEWAL
EXHIBIT " C"

SURETY BONDS AND OTHER SECURITY
TRACT NO. 25168- 1
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: $ 403, 997
Surety: LIBERTY MUTUAL INSURANCE CO.

Attorney- in-fact: NOAH WILLIAM PIERCE
Address: 175 BERKELEY STREET
BOSTON, MA 02116
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 403, 997
Surety: LIBERTY MUTUAL INSURANCE CO.

Attorney- in-fact: NOAH WILLIAM PIERCE
Address: 175 BERKELEY STREET
BOSTON MA 02116
CASH MONUMENT SECURITY: $ 1, 000
Amount deposited per Cash Receipt No. Date: 9/ 3/ 20
RIV # 4826- 7673- 2361 v1 1

SUBDIVISION IMPROVEMENT AGREEMENT
DRAFT

Page 45 of 121 ends

17.D

Page 237 of 875 ends

RECORDED AT THE REQUESTOF
AND WHEN RECORDED RETURN TO:
(Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383)

CITY OF HEMET
Attn: City Manager
445 East Florida Avenue
Hemet, California 92543
THIS SPACEFORRECORDER’SUSEONLY

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 31620-1
Lots 1-15, 33-43 and 54
By and Between

THE CITY OF HEMET,
a municipal corporation
and
DR. HORTON LOS ANGELES HOLDING COMPANY, INC.
a California corporation
DATED September 8, 2020
RIV #4813-6575-0473 vl
DRAFT

Page 46 of 121 ends

17.D

Page 238 of 875 ends

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 31620-1
This Subdivision Improvement Agreement (“Agreement”) is entered into as of this 8th day of September, 2020 by and between the City of Hemet, a municipal corporation (“City”) and DR. Horton Los Angeles Holding Company, Inc., a California corporation (“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 ?nal tract map for real property located within City, a legal description of which is attached hereto as Exhibit “A”. The tract map is identi?ed in City records as Tract Map No. 31620-1. On December 20, 2005, the City conditionally approved Tract Map No. 31620-1.

B. JDP Development Inc. (“Original 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 No. 31620-l, or other ordinances, resolutions, or policies of City requiring construction of improvementsin conjunction with the subdivision of land.

C. Developer has acquired Lots 1-15, 33-43 and 54 of the land known as Tract Map 31620 from Original Developer.

D. The City desires to enter into this Agreement amending and superseding the Subdivision Improvement Agreement by and between the City of Hemet, a municipal corporation and Original Developer, also known as Riverside County Recorder Of?ce Document No. 31620-1 (“Original Subdivision Improvement Agreement”).

E. 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 e_tseq), (“Map Act”) the City Ordinances, the conditions of approval for Tract No. 31620-l, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

F. 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. 31620-1.

G. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499 — 66499.10.

RIV #4813-6575-0473 vl _ 1
_ DRAFT

Page 47 of 121 ends

17.D

Page 239 of 875 ends

H. 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 ?nal map for Tract Map No. 31620—1.

DEFINED TERMS
“Developer” shall mean DR. Horton Los Angeles Holding Company, Inc., a California corporation. The term “Developer” shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor-in—interestto 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 proceeding, including, but not limited to, court costs, ?ling, 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. 31620—1located 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, recerti?cation of rough graded pads, ?nish grade, repair existing streets, curbs and gutters, sidewalks, water systems, sanitary sewers, utilities, and drainage facilities (if any), 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. 31620-1 and as shown in detail on the plans, and speci?cations which have been approved by the City and incorporated into Tract Map No. 31620-1. The Parties agree that the Public Improvements to be completed by Developer are more speci?cally 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. 31620-1, a full copy of which is on ?le 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 19.
“Security” shall mean surety bonds in the amounts and under the terms of Section 14 or other security approved by City Engineer or City Attorney.

RlV #4813-6575-0473 vl _ 2 _ DRAFT

Page 48 of 121 ends

17.D

Page 240 of 875 ends

“Tract No 31620-1.” shall mean lots 1-15, 33-43 and 54 of the ?nal map prepared and approved by the City for tentative tract map no. 31620-1.
“Warranty” shall mean the one year period following completion of the Public Improvements by Developer and the acceptance of the Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.

2. EFFECTIVENESS. This Agreement shall not be effective unless and until all four (4) of the following conditions are satis?ed in the order provided:

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

2.2 Final Map and Agreement Approval. The City Council of the City of Hemet (“City Council”) approved the ?nal map for Tract Map No. 31620-1 and now approves this Agreement;

2.3 Record Agreement. Developer and City execute the Agreement and City records this Agreement in the Recorder’s Of?ce of the County of Riverside; and If the above described conditions are not satis?ed 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.

3. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its own cost, expense, and liability the Public Improvements, as de?ned 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 con?ict 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.

3.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, RlV #4813-6575-0473 vl - 3 _ DRAFT

Page 49 of 121 ends

17.D

Page 241 of 875 ends

Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

3.2 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 ?le 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.

3.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and speci?cations 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.

3.4 Quality of Work; Compliance With Laws and Codes. The construction plans and speci?cations 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, speci?cations, standard drawings, and special amendments thereto on ?le 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.

3.5 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 suf?cient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, quali?cations and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, quali?cations and approvals shall be maintained throughout the term of this Agreement.

3.6 Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and speci?cations, and any subsequent alterations thereto. If during the course of construction and installation of the 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 speci?cations and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.

RIV #4813-6575-0473 Vl _ 4 _ DRAFT

Page 50 of 121 ends

17.D

Page 242 of 875 ends

4. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.

City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures.

City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the 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 mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when noti?ed to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

5. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 6.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within three years (36 months) following approval of the ?nal map for Tract No.

5.1 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 14.0 e_ts_e_q.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 ?led 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 suf?ciency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.

5.2 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.

5.3 Developer Obligations Do Not Terminate. Notwithstanding the construction schedule and option for extensions provided in Sections 6.1 and 6.2, 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 RlV #4813-6575-0473 vl - 5 _ DRAFT

Page 51 of 121 ends

17.D

Page 243 of 875 ends

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 satis?ed in full unless waived or modi?ed by formal action of the City Council.

6. 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. 31620-1 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 ?ooding 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 traf?c 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 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 14.0 e_tse_q. of this Agreement.

7. 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. 31620-1 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’sjurisdictional limits. All utilities shall be installed underground.

8. 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. 31620-1, or as required by other governmental agencies having jurisdiction over Tract Map No. 31620-1.

9. 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 of the Public Improvements and areas where construction of the 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 ?nished 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 RIV #48l3-6575-0473 vl _ 6 _ DRAFT

Page 52 of 121 ends

17.D

Page 244 of 875 ends

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 ful?ll 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.

10. 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 Ann‘w,“ 13,..." .«n......n,l anbUllaUlC allUlllC)’ b ICE-ab allu UUDLD, lllUullCu lll UULallllllg UUlllPllmlUC WlLll Llllb ngiccuicul U1 [[1 processing any legal action or for any other remedies permitted by law.

11. 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 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.

11.1 Developer’s Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Developer shall ?le with the Recorder’s Of?ce 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.

11.2 City Acceptance of Public Improvements. 1f Tract Map No. 31620-1 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.

11.3 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 certi?ed and shall re?ect the condition of the Public Improvements as constructed, with all changes incorporated therein.

12. 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 RIV #4813-6575-0473 v1 _ 7 _ DRAFT

Page 53 of 121 ends

17.D

Page 245 of 875 ends

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.

13. 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 of the Public Improvements under Section 6 [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 14.0 e_tm.) shall in no way limit or modify Developer’s indemni?cation obligation provided in Section 18.0 of this Agreement.

13.1 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 20.0 gt ?g. of this 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 Four Hundred Three Thousand, Nine Hundred NinetySeven dollars, ($403,997), which sum shall be not less than one hundred percent (100%) of the Estimated Costs.

13.2 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. 31620—1,and the total remaining Security is not less than twenty-?ve percent (25%) of the Estimated Costs. All Security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 13.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 31620—1.

13.3 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 Pin, "ninth-or] Thrpp Thnneand, 1J1UVlub mil] (1 1aUU1 uuu 1110119119119 UU11u 111 1.11;; u111uu11L U1 Auu: gnu-nun vu llll vw Allv-vullu’ Nine Hundred Ninety-Seven dollars, ($403,997), 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 ?nal 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.

RlV #4813-6575-0473 vl _ 8 _ DRAFT

Page 54 of 121 ends

17.D

Page 246 of 875 ends

13.4 Additional Reguirements. The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than AzVIII, 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 attomey’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 speci?cations for the Public Improvements shall in any way affect its obligation on the Security.

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

13.6 Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to cooperate with City to facilitate City’s realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or ?nancial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 14.

14. 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 comers, and street centerline monuments for Tract No. 31620-1 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 Three Thousand Dollars ($3,000), 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 of the 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. 31620—1.

15. 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 14.0 e_tm. and 15.0 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 14.0 e_ts_eq.and 14.0 of this Agreement, City shall ?rst attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.

RIV #4813-6575-0473 Vl _ 9 - DRAFT

Page 55 of 121 ends

17.D

Page 247 of 875 ends

l6. 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.

17. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless f‘IIL__ -l_-4-.1 ADC-2_1__ -L‘L‘I-AA.._ ______l_-._-_ __‘.J _.‘__‘A._ flungA.‘_. A_A..l A“ Llly, llS CIUCLCU UlllClalS, 01110613, employees, dHU 'dgCIlLS lrUIIl 'dIly 'dJlU an dULU'dl UI‘ 'dlngCU 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 indemni?cation includes, without limitation, the payment of all penalties, ?nes, judgments, awards, decrees, attomeys’ fees, and related costs or expenses, and the reimbursement of City, its elected of?cials, of?cers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemni?cation excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, ?ne, 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 expiration Agreement, and shall not be
restricted to insurance proceeds, if any, received by City, its elected of?cials, of?cers, employees, or agents.

18. INSURANCE.

18.1 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 speci?ed occurrence limit.

18.1.1 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 Pl UPUI l] ucuuagv

18.1.2 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.

18.1.3 Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor RIV #4813-6575—0473vl _ 10 .. DRAFT

Page 56 of 121 ends

17.D

Page 248 of 875 ends

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.

18.1.4 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 ?ve (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
cplFJncnv-prl rpfpnfinnc r‘pr‘larnt‘l
lU-L: "Uuu‘rIIUIUB. nu] UUUUULIUIUJ U1 JVIL_1110u1Uu IVLULILLUAID lllual. UV UUULMAUU 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 of?cials, of?cers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a ?nancial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

18.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected of?cials, of?cers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected of?cials, of?cers, employees, agents, and volunteers.

18.4 Primary Insurance; Waiver of Subrogation. 'l‘he Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected of?cials, of?cers, 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.

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

18.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certi?cate, 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.

18.7 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 AM. Best rating of at least AzVIII.

RIV #48l3-6575-0473 vl _ 11 _ DRAFT

Page 57 of 121 ends

17.D

Page 249 of 875 ends

19. DEFAULT; NOTICE; REMEDIES.

19.1 Notice. If Developer neglects, refuses, or fails to ful?ll 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 twentyfour (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 11.0 of this Agreement.

19.2 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 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.

19.3 Other Remedies. No action by City pursuant to Section 20.0 e_ts_eq.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 it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or speci?c performance.

20. GENERAL PROVISIONS.

20.1 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.

RIV #4813-6575-0473 vl _ 12 _ DRAFT

Page 58 of 121 ends

17.D

Page 250 of 875 ends

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 speci?ed in this Agreement. All references to City include its elected of?cials, of?cers, employees, agents, and volunteers except as otherwise speci?ed in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not de?ne, limit, augment, or describe the scope, content, 01' intent OI U115 Agreement.

20.4 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
DEVELOPER:

DR. Horton Los Angeles Holding Company, Inc.

Attn: Susan Paradiso
2280 Wardlow Circle, Suite 100
Corona, CA 92878
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 US. Mail ?rst class postage prepaid, as of 72 hours after deposit in the US.

Mail.

20.5 Amendment; Modi?cation. No supplement, modi?cation, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

20.6 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 de?ciencies 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.

RlV #4813-6575-0473 v1 _ 13 _ DRAFT

Page 59 of 121 ends

17.D

Page 251 of 875 ends

20.7 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 speci?cally 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.

20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the bene?t 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.

20.9 No Third Par_ty Beneficiaries. There are no intended third party bene?ciaries of any right or obligation assumed by the Parties.

20.10 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.

20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be ?led and prosecuted in the appropriate California State Court in the County of Riverside, Califbmia. Bach Party waves the bene?t 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.

20.12 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 ?nal 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 speci?c provision providing for the recovery of Litigation Expenses.

20.13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract Map No. 31620-1, 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.

RIV #4813-6575-0473 v1 _ 14 - DRAFT

Page 60 of 121 ends

17.D

Page 252 of 875 ends

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

20.15 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.

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

CITY OF HEMET
By;
Christopher 66%? opez, City Manager
ATTEST:

Clay ;am%Me
Deputy City Clerk

APPROVED AS TO FORM
/W:';§?J7ZHOMN J5X
Ass 19mm A?ogwey
RIV #4813-6575-0473 v1 _ 15 - DRAFT

Page 61 of 121 ends

17.D

Page 253 of 875 ends

D.R. HORTON LOS ANGELES HOLDING COMPANY, INC.
’?g?mia. M. Mg?ygmg
Its: M— ma?mcf’
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 #4813-6575-0473 v1 _ 16 _ DRAFT

Page 62 of 121 ends

17.D

Page 254 of 875 ends

u it\ii\uiiii.\ii\i:\i Ix\I-‘\IIIH-\I| \‘I \1 l\\ll\\l I iuAii \l u '\\ll\‘i I iv-.\Ii \I u l\\"\\| i lu.\ll \i \l I\\<I\Ililii.\|l\l u L\(I\Illlu.\l \l \l I\\I)HIIIH~\II\'I \. i.\iiuiiiii.\ii \‘l' California All-Purpose Certi?cate of Acknowledgment fA notary public or other of?cer completing this certificate veri?es only the identity of the individualwho signed the 1document to which this certi?cate is attached, and not the truthfulness, accuracy, or validity of that document. l A
i
l
l
State of California
County of Riverside
On September 3, 2020 before me. Angelyn Hale, Notary Public persona?y appeared Barbara M. Murakami & IenniferL. 01%;} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

ANGELYNHALE
WI, ESS my hand and off' ialseal. _ . NO‘G’YPub“? CG“"U"W Riverside Cour”.

Commission = 22 3297's MyComm. Expires My z: .

OPTIONAL INFORMATION
Description of Attached Document W“ ‘-
b .c- _
’
A ,_,r_. _. The precedin iti?cate of Acknowledgment is attached to a Method OfSigner Identi?cation document titled/for the ___—._ Proved to me on the basis of satisfactory evidence:
forrn(s) of identi?cation credible witness(es) ‘
containing pages, and dated . Notarial event is detailed in notaryjournal on:

The signer(s) capacity or authority is/are as:

Page #— Em”—
‘_
' lndividual(s) Notary contact:
'
' Attorney-in-fact
CorporateOf?cer(s) Other
dditional Signer , Signer(s)Thumbprints(s)
Guardian/Conservator
, Partner- Limited/General
Trustee(s)
‘, Other:
representing:
\1T\ ”Wm”,n's'rumxiim..mimmun..wr‘i'hi,vr\1-u1\uwrmrrvru x 1v‘

Page 63 of 121 ends

17.D

Page 255 of 875 ends

EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 31620-1
PARCELA: (APNS: 551-560-001 THROUGH551-560-015 AND551-562-003 THROUGH551-562-013 AND551-563-001)
LOTS 1 THROUGH15, INCLUSIVE,AND43 THROUGH54, INCLUSIVE,OF TRACT31620-1 IN THE

CITYOF HEMET,COUNTYOF RIVERSIDE,STATEOF CALIFORNIA,AS SHOWNBYMAPON FILEIN BOOK396, PAGES51 THROUGH55, INCLUSIVE,OF MAPSIN THEOFFICEOF THECOUNTY RECORDEROF SAIDCOUNTY.

RIV #48l3-6575-0473 v1 1

SUBDIVISION IMPROVEMENT AGREEMENT
DRAFT

Page 64 of 121 ends

17.D

Page 256 of 875 ends

EXHIBIT “B”

LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 31620-1
RIV #4813-6575-0473 VI 1

SUBDIVISION IMPROVEMENT AGREEMENT
DRAFT

Page 65 of 121 ends

17.D

Page 257 of 875 ends

I: PEI ASSWIAIIS; 172m
Plonmng
Surveymg
(626) 914—6256
1620 SOUTHGRANDAVENUE. GLENDORA,CALIFORNIA91740

TRACTIMPROVEMENTS

ENGINEER'SESTIMATE

Page 1 of 1 ends

PROJECT: TR31620—1 9/1/2020
LOCATION: NEC FLORIDAAVENUE & LAKESTREET

ITEM UNIT TOTAL
”n INSTALLYARDDRAIN
-—-INSTALL 3" PVCSDR-35 PIPE. $ 12.00
ll—-—__ --- CONSTRUCT6" CONCRETEDRIVEWAY
nnllr'l'l‘ll?'rnr-Plnr-AI-PIAI aaaaa Al tA LUND l KULI KtDIUtN l IAL UKIVtWAY 515,500.00 _- -
b 500.0
_—- _ _——
_—- - _-— _- ——- —_— — _—_ -
-
-
-
-
--
- $ . _—
p/proj/DRH/31620-1 tract ImpEngEstQ-l-ZO

Page 66 of 121 ends

17.D

Page 258 of 875 ends

BOND NO. 016213749
INITIAL PREMIUM: $998.00

SUBJECT TO RENEWAL
EXHIBIT “C”

SURETY BONDS AND OTHER SECURITY
TRACT NO. 31620-1
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 af?xed the appropriate signatures thereto:

PERFORMANCE BOND PRINCIPAL AMOUNT: $ 403,997
Surety: LIBERTY MUTUAL INSURANCE CO.

Attomey-in-fact: NOAH WILLIAM PIERCE
Address: 175 BERKELEY STREET
BOSTON, MA 02116
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 403,997
Surety: LIBERTY MUTUAL INSURANCE CO.

Attomey-in-fact: NOAH WILLIAM PIERCE
Address: 175 BERKELEY STREET
BOSTON MA 02116
CASH MONUMENT SECURITY: $ 1,000
Amount deposited per Cash Receipt No. Date: 9/3/20
RIV #4813-6575-0473 v1 1

SUBDIVISION IMPROVEMENT AGREEMENT
DRAFT

Page 67 of 121 ends

17.D

Page 259 of 875 ends

BOND NO. 016213749
INITIAL PREMIUM: $995 00

SUBJECT TO RENEWAL

CITY OF HEMET
TRACT MAP NO. 25168-1, 31620 & 31620-1 IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet, California (“City”) and DR. Horton Los Angeles Holding Company, Inc., a California Corporation (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentalsfor all grading, roads, paving, curbs and gutters, pathways, storm drains, water system, sanitary sewers, utilities, drainage facilities, traf?c controls, landscaping, street lights, and all other required facilities for Tract Map No. 25168-1, 31620 & 31620-1 (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated September 8, 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 suf?cient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW, THEREFORE, Principal and Liberty Mutual Insurance Company (“Surety”), a corporation organized and existing under the laws of the State of MA , and duly authorized to transact surety business under the laws of the State of California, are held and ?rmly bound unto City in the sum of Four hundred three thousa?, nine hundred ninety seven dollars an zero cents ($403,997.00), 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, ?rmly by these presents.

OF THIS is such, if Principal, his or its heirs,
executors, aamlnISIrators, successors or assrgns, snail in an [nings stand to and abide by, ana 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 speci?ed and in all respects according to their intent and meaning, and to indemnify and save harmless City, its of?cers, 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.

CITRUS POfNTE, TR31620 SUBDIVISION BONDS

Page 68 of 121 ends

17.D

Page 260 of 875 ends

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 attomey’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment 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, pro?les, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in obligations
.1 extension oftime, alteration.or addition.

This bond is executed and ?led to comply with Section 66499 e_tE. 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 ofthe Principal is hereto af?xed, and the corporate seal and the name of the Surety is hereto af?xed and attested by its duly authorized Attomey-in-Factat Charlotte, NC ,this 25th day of August ,2020 DR. Horton Los Angeles Holding Company Inc. Liberty Mutual Insurance Company Principal Surety
Aim, ,, ,1“ Attomey-In-Fact
L.0 11%}1:9 Noah WilliamPierce
(print name) (print name)
v
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.

CITRUS POINTE, TR3I620 SUBDIVISION BONDS

Page 69 of 121 ends

17.D

Page 261 of 875 ends

‘\ I\I II>\||I .\II\I\ l\ \lllil-\|l\lti California All-Purpose CertificateofAcknowledgment A notarypublic or other of?cer completing this certificate veri?esonly the identity of the individualwho signed the . j document to which this certi?cate IS attached and not the truthfulnessaccuracy or validity of that document. i. State of California
County of Riverside
On August 27, 2020 before me, Angelyn Hale, Notary Public personally appeared Jennifer L. O'Leaq
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/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is ANGELt/N HALE. true and correct. . _- Notary PUbilC — CalifornIa Riverside County
Comrmssron .=2232976
My Comm. Expires Mar 8. 2022

OPTIONAL INFORMA T/ON
Description of Attached Document
i
3 j
g:
3 The preceding Certi?cate of Acknowledgment is attached to a MEthOd0f Signer Identi?cation document title he purpose Of____——
‘ Proved to me on the basis of satisfactory evidence:
. Iform(s)ofidenti?cation Llcrediblewitness(es)
containing pages, and date . Notarial event is detailed in notaryjournal on:
. . . . P # E # The SIgner(s) capacrty or authorIty Is/are as: age — "try —
i |ndividua|(s)
: Notary contact: 1' Attorney-in-fact
1 CorporateOfficer(s) Other
’7 Additional Signer ‘7'.Signer(s)Thumbprints(s) ‘
Guardian/Conservator
, Partner- Limited/General
‘ Trustee(s)
Other:
representing:
\l]\ limiiir.\ri 1\II\ I.<\IYI-r.\fT'\T\rl‘ nu

Page 70 of 121 ends

17.D

Page 262 of 875 ends

STATE OF North Carolina
COUNTY OF Mecklenburg to wit:

I, Catherine Thomgson, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing bond this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.

Given under my hand this Eddayof AuHi ,20@. _9.tu__
(EdamM JIM/2W2m'1
Notary Public
J r ‘5;
My co’mm’ssw?‘lex J(é; on the 9_thday ofA 2022
”’35“; at

Page 71 of 121 ends

17.D

Page 263 of 875 ends

ThisPower of Attorney limitsthe acts ofthose named herein, and they have no authorityto bindthe Company except in the mannerand to the extent hereinstated. leert’ Liberty Mutual Insurance Company _ Mutllal, The Ohio Casualty Insurance Company cem?ca‘e N05 8196939 SURETY

POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatThe OhioCasualty InsuranceCompanyis a corporationdulyorganizedunder the laws ofthe State of NewHampshire,that LibertyMutualInsuranceCompanyis a corporationdulyorganizedunder the lawsofthe StateofMassachusetts,andWest AmericanInsuranceCompanyis a corporationdulyorganized underthe lawsofthe StateofIndiana(hereincollectivelycalledthe “Companies"),pursuanttoand byauthorityhereinset forth,doesherebyname, constituteandappoint, Andrew M. Bennett, Jennifer B. Gullett, Noah William Pierce, John F. Thomas, Catherine Thompson,Amy R. Waugh allofthe cityof Charlotte state of NC each individuallyifthere be morethan onenamed, itstrue and lawfulattorney-in-fact to make, execute, seal, acknowledgeanddeliver,forand onitsbehalfas surety andas itsact anddeed, any andallundertakings,bonds,recognizancesand othersurety obligations,inpursuance ofthese presents and shall be as bindingupon the Companiesas ifthey have been dulysignedby the president and attested by the secretary ofthe Companiesin theirownproper )r, loan, residual lettervalue of credit, guarantees.
persons.

INWITNESSWHEREOF,this PowerofAttorneyhas been subscribedby an authorizedof?ceror of?cialofthe Companiesand the corporateseals ofthe Companieshave been af?xed theretothis 3rd dayof October , 2018
LibertyMutualInsuranceCompany
The OhioCasualtyInsuranceCompany
West AmericanInsuranceCompany %/@/a
DavidM.Carey,AssistantSecretary
StateofPENNSYLVANIA55 CountyofMONTGOMERY
Onthis 3rd day of October , 2018 beforemepersonallyappeared DavidM.Carey, whoacknowledgedhimselfto be the AssistantSecretaryofLibertyMutualInsurance Company.TheOhioCasualtyCompany,and West AmericanInsuranceCompany, and that he, as such, beingauthorizedso to do, execute the foregomginstrumentforthe purposes thereincontainedby signingon behalfofthe corporationsby himselfas a dulyauthorizedofficer.

INWITNESSWHEREOF,Ihave hereunto subscribedmyname and af?xedmynotarialseal at KingofPrussia, Pennsylvania,onthe day andyear?rstabove written.

CQMMQEHEAEIHQEPENNSYkYAEIA | j
J, ,/ IdofAttorney 4:30 pmcall ESTon any business day.
currency Not valid for rate,mortgage, interest rate notec ) i Teresa Pastella, Notary Public " 7’!V:ZZ
/ /
: My Upper Commrsston MerionTwp
Expires
, Montgomery March 28,County 2021 By:W
Teresa Pasteila, NotaryPublic
/ Member, Pennsylvania Association of Notaries
,/ ThisPowerofAttorneyis made and executedpursuantto and byauthorityofthe followingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany,LibertyMutualInsurance Company,and West AmericanInsuranceCompanywhichresolutionsare nowinfullforceandeffectreadingas follows:

ARTICLEIV- OFFICERS:Section12.PowerofAttorney.

Anyof?cerorotherofficialoftheCorporationauthorizedforthat purposeinwritingby theChairmanorthe President,and subjectto suchlimitationas theChairmanorthe President' mayprescribe,shallappointsuch attorneys-in—fact, as may be necessaryto act inbehalfofthe Corporationto make, execute.seal, acknowledgeand deliveras suretyany and all undertakings,bonds.recognizancesand othersurety obligations.Such attorneys-in-fact,subject to the limitationsset forthin their respectivepowersof attorney,shallhave full powerto bindtheCorporationbytheirsignatureand executionofanysuchinstrumentsandto attachtheretothe sealoftheCorporation.Whenso executed,suchinstrumentshall be as bindingas itsignedby the Presidentand attestedto bythe Secretary.Anypoweror authoritygrantedto anyrepresentativeor attorney-in-factunderthe provisionsofthis articlemaybe revokedat anytimebytheBoard,theChairman,the Presidentorbythe of?ceror of?cersgrantingsuchpoweror authority.

ARTICLEXlll— Executionof Contracts:Section5.SuretyBondsand Undertakings.

Anyof?cerofthe Companyauthorizedforthat purposeinwritingbythe chairmanorthe president,and subjectto suchlimitationsas the chairmanorthe presidentmayprescribe, shall appointsuch attorneys-in-fact,as maybe necessaryto act in behalfofthe Companyto make, execute, seal, acknowledgeand deliveras surety any and all undertakings, bonds,recognizancesand othersuretyobligations.Such attorneys-in-factsubjectto the limitationsset forthintheirrespectivepowersof attorney,shallhavefullpowerto bindthe Companyby theirsignatureand executionofany such instrumentsand to attach thereto the seal ofthe Company.Whenso executedsuch instrumentsshallbe as bindingas if signedbythe presidentand attested bythe secretary.

Certificateof Designation — ThePresidentoftheCompany,actingpursuant to the Bylawsofthe Company,authorizesDavidM.Carey,AssistantSecretaryto appointsuch attorneys-inTo1-610-832-8240between Wofthis 9:00Power: am at con?rmthe validi tact as maybe necessary to act on behalf ot the Company to maKe, execute, seal, acKnowteoge and deliver as surety any and all unoertaKIngs, ponds, recognizances and otner surety obligations.

Authorization— Byunanimousconsent ofthe Company'sBoardofDirectors,the Companyconsents thatfacsimileor mechanicallyreproducedsignatureofany assistantsecretary ofthe Company,whereverappearing upona certi?edcopyofany powerofattorney issued bythe Companyin connectionwithsurety bonds,shallbe validandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaf?xed.
l, Renee C, Llewellyn,the undersigned,AssistantSecretary, TheOhioCasualtyinsuranceCompany,LibertyMutualInsuranceCompany,and West AmericaninsuranceCompanydo herebycertifythatthe originalpowerof attorneyofwhichthe foregoingis a full,trueandcorrect copyofthe PowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked.
iNTESTIMONYWHEREOF,i have hereuntoset myhandand af?xedthe sealsofsaidCompaniesthis 25th dayof August , 2020 ReneeC.Llewellyn,AssistantSecretary
LMS-12873 LMlCOCiC WAlC MultiCo_062018

Page 72 of 121 ends

17.D

Page 264 of 875 ends

BOND NO. 916213249
INITIAL PREMIUM: $293 (2g)

SUBJECT TO RENEWAL

CITY OF HEMET
TRACT MAP NO. 25168-1, 31620 & 31620-1 IMPROVEMENTS

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

WHEREAS the City of Hemet California (“City”) and DR. Horton Los Angeles Holding Company, Inc., a California Corporation (“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, traf?c controls, landscaping, street lights, and all other required facilities for Tract Map No. 31620_ (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated September 8, 2020 (“Improvement Agreement”);
IIytvhnhAn ,,,,,4,JL,,,,!W L,, WHbeAb, the Improvement Agreement IS nereoy reIerrea [0 and incorporated nerem oy reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attomey’s fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and LibertyMutual Insurance Company_ (“Surety”), a corporation organized and existing under the laws of the State of MA , and duly authorized to transact business under the laws of the State of California, are held and ?rmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, nrnvieinnq in, unnn, performance
vIuAvA-v, ........... arr..-” “v'v .-., wry”, .v. y. “vv..- -..- r_._-_-_-,..__- v- v--- __.____ 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 Four hundred three thousand, nine hundred ninety seven dollars an zero cents ($403,997.00), 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, ?rmly by these presents.

CITRUS POINTE, TR3 I620 SUBDIVISION BONDS

Page 73 of 121 ends

17.D

Page 265 of 875 ends

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 nF’rhp lnpmnlnvmpnf Incurannp (‘nr’lp rpenpr‘f lqhnr nnnlir‘nhlp \Jl LIAU uuynuynulunuuL unuunuuuu vuuu vvnun IVJFVVL Lu uuvu VVVA|\ “nu nuuun, uuu uu vulv- «VF-nvuunv laws ofthe 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 speci?ed herein.

This bond is executed and ?led to comply with Section 66499 gt m. 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 bene?t of any and all persons, companies, and corporations entitled to ?le claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 ofthe California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

IN WITNESS WHEREOF, the seal and signature ofthe Principalis hereto af?xed, and the corporate seal and the name of the Surety is hereto af?xed and attested by its duly authorized Attomey-in-Fact at Charlotte, NC , this 25th day of August , 2020 DR. Horton Los Angeles Holding Company, Inc. Liberty Mutual Insurance Company Principal Surety
?7W/
V” By: M 112%;
ts: Attomey-In- Fact
,Af/NIIL 0% N h illiamPi r
I(printname) (print name)
CITRUS POINTE, TR3I620 SUBDIVISIONBONDS

Page 74 of 121 ends

17.D

Page 266 of 875 ends

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.

CITRUS POINTE, TR3I620 SUBDIVISION BONDS

Page 75 of 121 ends

17.D

Page 267 of 875 ends

\4'k\l¥\\[llt.\1‘\"\(l\lw\ll'l\l|\"\1t\l\i\v1‘lll-‘I'\I\ll\'l"\"l-"I\I\Y\l‘\l'll\II’\I‘I\l\|“'IIII\"\'\l.\M\l"|\ll\'\l'\l”\lll|\(I\H\(1\D‘UIIII\I‘I\II> California All--PurposeCertificateofAcknowledgment A Anotarypublicor other of?cer completing this certificate veri?es only the identity of the individualwho signed the l : document to which this certi?cate Is attached and not the truthfulness accuracy or validity of that document.

State of California
County of Riverside
On August 27, 2020 before me, Angelyn Hale, Notary Public personally appeared Jennifer L. O'Leaiy
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/shelthey executed the same in his/her/tbeir authorized capacity(ies), and that by his/her/theii: signature(s) on the instrument the person(s), orthe 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 ANGELYNHALE Notary Public 4 California. true and corrECt-
’ '-’
‘ RlverSIde County
CommISSIon = 2232976
WIT S hand I .
' My CommExpiresMarB, 2022

OPTIONAL INFORMA TION
Descri tion of Attached Document
The preceding Certi?cateof Acknowledgment is attached to a 1 Method OfSigner Identi?cation 7 :
7 a
;I
a
J
2‘
j
7 1
}
I
it
document titled/for urpose of —_~___ Proved to me on the basis of satisfactory evidence:
’ form(s) of identi?cation ‘ credible witness(es) l
containing pages, and dated . Notarial event is detailed in notaryjournal on:
. . . . # The Signer(s) capacrty or authority is/are as:
‘
Page #— Envy ——
,I lndividual(s) 1 Notary contact:
, Attorney-in-fact
CorporateOfticer(s)
“
‘ Other
.7 -Additional Signer :I Signer(s)Thumbprints(s) i
; Guardian/Conservator
I Partner- Limited/General
Trustee(s)
Other:
l
l
1 representing: j i
\I It IIG'YJIIII M Tu}: “mil-I. mum... "MINI-HIM. Nu {\WIIIIAIT'KI IIITMIIT'TTFI. "T1" \lr» IT‘?'l-TIIIW'I “WM.“ \Ik “mm

Page 76 of 121 ends

17.D

Page 268 of 875 ends

STATE OF North Carolina
COUNTY OF Mecklenburg to wit:

I, Catherine Thompson, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah WilliamPierce, whose name is signed to the foregoing bond this day personally, appeared before me in my said State and County aforesaid and acknowledged the same. [4
Given under my hand this QS day of &wi", 2020.
\\\ m I T:,,. g
_ £43 / 2 ?gfary _ 88% 62. W._ ..f, , A
z:5;: ? 4;, g 7; I ./ ~ V
, :22 a a 3:5 1 /
5“
-— a; '?pn
\ s ‘41;‘2’?) < t
'Q é 0 ¢
\ ”I“ .m‘“ . . My C0mmlSSl0n expires on the % day of AQFII,2022.

Notary PublIC

Page 77 of 121 ends

17.D

Page 269 of 875 ends

ThisPowerof Attorney limitsthe acts ofthose namedherein, andthey have no authorityto bind the Company except in the mannerand to the extent hereinstated. berty Liberty Mutual Insurance Company MutllaL The Ohio Casualty Insurance Company SURETY West American Insurance Company
Certi?cateNo: 8196939

POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatThe OhioCasualty InsuranceCompanyis a corporationdulyorganizedunderthe laws of the State of NewHampshire,that LibertyMutualInsuranceCompany is a corporationdulyorganizedunderthe lawsofthe Stateof Massachusetts, and West AmericanInsuranceCompanyis a corporationdulyorganized underthe lawsofthe StateofIndiana(hereincollectivelycalledthe “Companies"),pursuantto andbyauthorityhereinset forth.does herebyname, constituteand appoint, Andrew M. Bennett, Jennifer B. Gullett, Noah William Pierce.John F. Thomas, Catherine Thompson, Amy R. Waugh allofthe cityof Charlotte state of NC eachindividuallyifthere be morethanonenamed,itstrue and lawfulattorney-in-factto make, execute, seal, acknowledgeanddeliver.forand on itsbehalfas surety and as itsact and deed, any andallundertakings,bonds,recognizancesand othersurety obligations,inpursuance of these presents and shall be as bindingupon the Companiesas ifthey have been dulysigned by the presidentand attested by the secretary ofthe Companiesintheir own proper ir, loan, residual lettervalue of credit, guarantees.
persons.

INWITNESSWHEREOF,this PowerofAttorneyhas been subscribedby an authorizedofficeror of?cialofthe Companiesand the corporateseals ofthe Companieshavebeenaf?xed theretothis 3rd dayof October , 2018 . LibertyMutualinsuranceCompany The OhioCasualtyinsuranceCompany
West AmericaninsuranceCompany
»%/7é
DavidM.Carey, AssistantSecretary
StateofPENNSYLVANIA55 CountyofMONTGOMERY
Onthis 3rd day of October , 2018 beforeme personallyappeared DavidM.Carey.whoacknowledgedhimselfto be theAssistantSecretary ofLibertyMutualinsurance Company,TheOhioCasualtyCompany,and West AmericaninsuranceCompany,and that he, as such, beingauthorizedso to do, executethe foregoinginstrumentforthe purposes thereincontainedbysigningon behalfofthe corporationsby himselfas a dulyauthorizedofficer.

INWITNESSWHEREOF,Ihave hereuntosubscribedmynameand af?xedmynotarialseal at KingofPrussia, Pennsylvania,ontheday andyear?rstabovewritten. .41?E71\
MN 9.9MM0NWEAEIE..°FPENNSXEYMIA [ Names; | ? 4, ,/ 1dofAttorney 4:30 pm call ESTon any business day.

Teresa Pastella. Notary Public " 72 l ,
Upper Merion Twp. Montgomery County Z5 By: My Commissron Expires March 28. 2021 TeresaPastellaNotaryPublic Member, Pennsylvania Association of Notaries '
ThisPowerofAttorneyismadeand executedpursuantto and byauthorityofthefollowingBy-IawsandAuthorizationsofThe OhioCasualtyinsuranceCompany, LibertyMutualInsurance Company,andWestAmericanInsuranceCompanywhichresolutionsare nowinfullforceandeffectreadingas follows:

ARTICLEIV- OFFICERS:Section12.PowerofAttorney.

Anyof?ceror other officialoftheCorporationauthorizedforthatpurpose inwritingbytheChairmanorthe President,andsubjectto such limitationas the Chairmanorthe President' mayprescribe,shallappointsuch attorneys-in-fact,as maybe necessaryto act inbehalfofthe Corporationto make, execute, seal, acknowledgeanddeliveras surety any and all undertakings,bonds.recognizancesand othersuretyobligations.Such attorneys-in-fact,subjectto the limitationsset forthin theirrespectivepowersof attorney,shallhave full powerto bindthe Corporationbytheirsignatureandexecutionofanysuchinstrumentsand to attachtheretothe sealoftheCorporation.Whenso executed,such instrumentsshall be as bindingas ifsignedby the Presidentand attestedto bythe Secretary.Anypoweror authoritygrantedto any representativeor attorney-in-factunderthe provisionsofthis articlemaybe revokedat anytimebytheBoard,theChairman,the Presidentorbythe officerorof?cersgrantingsuchpowerorauthority.

ARTICLEXIII— Executionof Contracts:Section5. SuretyBondsand Undertakings.

Anyof?ceroftheCompanyauthorizedforthatpurposein writingby the chairmanorthe president,and subjectto such limitationsas the chairmanorthe presidentmayprescribe, shall appointsuch attorneys-in-fact,as may be necessaryto act in behalfofthe Companyto make.execute.seal, acknowledgeand deliveras surety any and all undertakings, bonds,recognizancesand othersurety obligations.Suchattorneys-in-factsubjectto the limitationsset forthin theirrespectivepowersofattorney,shallhave fullpowerto bindthe Companyby theirsignatureand executionof any such instrumentsand to attachthereto the seal oftheCompany.Whenso executedsuch instrumentsshall be as bindingas it signedbythe presidentand attested bythe secretary.

Certificateof Designation — ThePresidentofthe Company,actingpursuantto the Bylawsofthe Company,authorizesDavidM.Carey,AssistantSecretaryto appointsuch attorneys-infact as maybe necessaryto act on behalfofthe Companyto make.execute, seal, acknowledgeand deliveras surety any and allundertakings,bonds, recognizancesand othersurety obligations.

Authorization — Byunanimousconsent oftheCompany‘sBoardofDirectors,theCompanyconsents thatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certi?edcopyofany powerof attorney issuedby theCompanyinconnectionwithsurety bonds.shallbevalidand bindingupontheCompanywith the sameforceand effectas thoughmanuallyaf?xed.

I, ReneeC. Llewellyn,the undersigned,AssistantSecretary, TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythat the originalpowerofattorneyofwhichthe foregoingis a full,trueandcorrect copyofthe PowerofAttorneyexecutedby saidCompanies,isinfullforceand effectand has not been revoked.

INTESTIMONYWHEREOF,Ihave hereuntoset myhand and affixedthe seals ofsaidCompaniesthis 25th day of August , 2020 .

ReneeC.Llewellyn,AssistantSecretary
LMS-12873 LMICOCIC WAIC Multi Co_062018

Page 78 of 121 ends

17.D

Page 270 of 875 ends

RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

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

CITY OF HEMET
Attn: City Manager
445 East Florida Avenue
Hemet, California 92543
RIV # 4830- 8901- 9593 v
DRAFT
2020- 0526245
10/ 29/ 2020 11: 18 AM Fee: $ 0. 00

Page 1 of 22 ends

Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk - Recorder
1111K.M.,Pf INiV 111111

THIS SPACE FOR RECORDER' S USE ONLY

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 31620
By and Between

THE CITY OF HEMET,
a municipal corporation
and
D. R. Horton Los Angeles Holding Company, Inc.,
a California corporation
DATED September 8, 2020

Page 79 of 121 ends

17.D

Page 271 of 875 ends

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 31620
This Subdivision Improvement Agreement (" Agreement") is entered into as of this 8th day of September, 2020 by and between the City of Hemet, a municipal corporation (" City") and D.R. Horton Los Angeles Holding Company Inc., a California corporation (" 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. 31620. On December 20, 2005, the City conditionally approved Tract Map No. 31620.

B. JDP Development Inc. (" Original 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 No. 31620, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

C. Developer has acquired the land known as Tract Map 31620 from Original Developer.

D. The City desires to enter into this Agreement amending and superseding the Subdivision Improvement Agreement by and between the City of Hemet, a municipal corporation and Original Developer, also known as Riverside County Recorder Office Document No. 2006- 0003559 (" Original Subdivision Improvement Agreement").

E. 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 No. 31620, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

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

RIV # 4830- 8901- 9593 vl
DRAFT

Page 80 of 121 ends

17.D

Page 272 of 875 ends

H. 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. 31620.

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.

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. 31620 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, recertification of rough graded pads, finish grade, repair existing streets, curbs and gutters, sidewalks, water systems, sanitary sewers, utilities, and drainage facilities ( if any), 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. 31620 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Tract Map No. 31620. 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. 31620, a full copy of which is on file with and may be obtained from the Engineering Department ofthe 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.

RIV # 4830- 8901- 9593 v1 - 2-
DRAFT
2-
DRAFT

Page 81 of 121 ends

17.D

Page 273 of 875 ends

Tract No 31620." shall mean the final map prepared and approved by the City for tentative tract map no. 31620.

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

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

2. 1 Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;

2.2 Final Map and Agreement Approval. The City Council of the City of Hemet (" City Council") previously approved the final map for Tract Map No. 31620 and now approves this Agreement;

2. 3 Record Agreement. Developer and City execute the Agreement and City records this Agreement in the Recorder' s Office ofthe County of Riverside; and 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.

3. 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.

3. 1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, R1V # 4830- 8901- 9593 v1 - 3 _
DRAFT

Page 82 of 121 ends

17.D

Page 274 of 875 ends

Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

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.

RIV # 4830- 8901- 9593 v1 - 4-
DRAFT
4-
DRAFT

Page 83 of 121 ends

17.D

Page 275 of 875 ends

4. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.

City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures.

City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City' s acceptance of the 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 mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer' s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

5. 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 three ( 3) years ( 36 months) following approval of the final map for Tract No. 31620.

5. 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 SeMc . 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.

5. 3 Developer Obligations Do Not Terminate. Notwithstanding the construction schedule and option for extensions provided in Sections 4. 1 and 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 RIV # 4830- 8901- 9593 v] - 5-
DRAFT
5-
DRAFT

Page 84 of 121 ends

17.D

Page 276 of 875 ends

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 ofthe City Council.

6. 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. 31620 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.

7. 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. 31620 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 ofthe cable company possessing a valid franchise with City to provide such service within City' s jurisdictional limits. All utilities shall be installed underground.

8. 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. 31620, or as required by other governmental agencies having jurisdiction over Tract Map No. 31620.

City' s inspector shall have the authority to stop any and all work not in accordance with the RIV # 4830- 8901- 9593 v1 - 6-
DRAFT
6_
DRAFT

Page 85 of 121 ends

17.D

Page 277 of 875 ends

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.

11. 2 City Acceptance of Public Improvements. If Tract Map No. 31620 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.

11. 3 Developer' s Obligation to Provide As -Built or Record Drawings.

12. 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 RIV #4830- 8901- 9593 v1 - 7-
DRAFT
7-
DRAFT

Page 86 of 121 ends

17.D

Page 278 of 875 ends

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.

13. 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 of the 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 sec .) shall in no way limit or modify Developer' s indemnification obligation provided in Section 16. 0 of this Agreement.

13. 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 seg. of this 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 Four Hundred Three Thousand, Nine Hundred Ninety - Seven dollars, ($403, 997), which sum shall be not less than one hundred percent ( 100%) of the Estimated Costs.

13. 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. 31620, 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 of the Warranty period, or any extension thereof as provided in Section 11. 0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract Map No. 31620.

13. 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 Four Hundred Three Thousand, Nine Hundred Ninety -Seven dollars, ($403, 997), 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.

RIV # 4830- 8901- 9593 vt - 8-
DRAFT
8-
DRAFT

Page 87 of 121 ends

17.D

Page 279 of 875 ends

13. 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.

14. 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 No. 31620 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 Three Thousand Dollars ($ 3, 000), 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 of the 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. 31620.

15. 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 M. 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.

RIV # 4830- 8901- 9593 v1 - 9-
DRAFT
9_
DRAFT

Page 88 of 121 ends

17.D

Page 280 of 875 ends

18. INSURANCE.

18. 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.

18. 1. 3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor RIV # 4830- 8901- 9593 v1 - 10-
DRAFT
10_
DRAFT

Page 89 of 121 ends

17.D

Page 281 of 875 ends

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.

18. 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.

RIV # 4830- 8901- 9593 vl
DRAFT

Page 90 of 121 ends

17.D

Page 282 of 875 ends

19. DEFAULT; NOTICE; REMEDIES.

19. 3 Other Remedies. No action by City pursuant to Section 18. 0 et SeMc . 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 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.

20. GENERAL PROVISIONS.

20. 1 Authority to Enter Aueement. 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.

RIV # 4830- 8901- 9593 vl - 12-
DRAFT
12-
DRAFT

Page 91 of 121 ends

17.D

Page 283 of 875 ends

20. 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.

CITY:

City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
DEVELOPER:

D.R. Horton Los Angeles Holding Company, Inc.

Attn: Susan Pardiso
2280 Wardlow Circle, Suite 100
Corona, CA 92878
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.

20. 5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

20. 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.

RIV # 4830- 8901- 9593 v] - 13-
DRAFT
13-
DRAFT

Page 92 of 121 ends

17.D

Page 284 of 875 ends

20.7 Assianment 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.

20. 9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

20. 13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract Map No. 31620, 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.

RIV # 4830- 8901- 9593 v1 - 14-
DRAFT
14-
DRAFT

Page 93 of 121 ends

17.D

Page 285 of 875 ends

20. 14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

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

CITY OF HEMET
By:

Christopher Lopez, City Manager
ATTEST:

Clay James
Deputy City Clerk

APPROVED AS TO FORM
By:
efty • '

IA MI J E
mom— ASS IV A htT C Il y f177& ZPl
RIV # 4830- 8901- 9593 vi - 15 -
DRAFT

Page 94 of 121 ends

17.D

Page 286 of 875 ends

D.R. HORTON LOS ANGELES HOLDING COMPANY, INC.

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 #4830- 8901- 9593 vl
DRAFT
16-

Page 95 of 121 ends

17.D

Page 287 of 875 ends

State of California
County of Riverside
On September 3, 2020 before me, Angelyn Hale, Notary Public personally appeared Barbara M. Murakami & Jennifer L. O 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.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WIT SS my hand and fficial seal.

OPTIONAL INFORMATION

ANGELYN HALE
Notary Public - California =
r +' Riverside County >_
Commission # 2232976
My Cemm, Expires Mar 8, 2022
Seal
Although the information in this seer I fraudulent removal and reattachment of this ackno, vieda1nent to an unauthorrzeo riocumenf aoa may prose usetur to persons relying or? the attached document Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document titled/ M?rft purpose of
containing pages, and dated
The signer( s) capacity or authority is/ are as:

Individual( s)
Attomey- in- fact
Corporate Officer(s)
Guardian/ Conservator
Partner - Limited/ General
Trustee( s)
Other:
representing:

Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
form( s) of identification credible witness( es)
Notarial event is detailed in notary journal on:

Page # Entry #
Notary contact:

Other
itional Signer Signer( s) Thumbprints( s)

Page 96 of 121 ends

17.D

Page 288 of 875 ends

EXHIBIT " A"

LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 31620
PARCEL B: ( APNS: 551- 493- 006 THROUGH 551- 493- 015 AND 551- 561- 020 THROUGH 551- 561- 029 AND 551- 561- 031 THROUGH 551- 561- 044 AND 551- 562- 014 THROUGH 551- 562- 016- 026) LOTS 1 THROUGH 47, INCLUSIVE, OF TRACT 31620 IN THE CITY OF HEMET, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 396, PAGES 56 THROUGH 60, INCLUSIVE, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

RIV # 4830- 8901- 9593 v
I

SUBDIVISION IMPROVEMENT AGREEMENT
DRAFT

Page 97 of 121 ends

17.D

Page 289 of 875 ends

EXHIBIT " B"

LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 31620
RIV # 4830- 8901- 9593 vI 1

SUBDIVISION IMPROVEMENT AGREEMENT
DRAFT

Page 98 of 121 ends

17.D

Page 290 of 875 ends

13 YEN
AM=Uoz&= 0 ZHU Engineering
Plonrmg
Surveying
626) 914- 6256
1620 SOUTH GRAND AVENUE, GLENDORA, CALIFORNIA 91740

CITY OF HEMET

TRACT IMPROVEMENTS

ENGINEER' S ESTIMATE

Page 1 of 1 ends

PROJECT: TR 31620 9/ 1/ 2020
LOCATION: NEC FLORIDA AVENUE & LAKE STREET
ITEM
NO. QUANTITY UNIT DESCRIPTION OF ITEM
UNIT
COST
TOTAL
COST
1 91 EA INSTALL YARD DRAIN 100. 00 9, 100. 00
2 5876 LF INSTALL 3" PVC SDR - 35 PIPE. 12. 00 70, 512. 00 3 71 EA CONSTRUCT 3" CURB DRAIN PER SPPWC STD. 150- 3 10. 00 710. 00 4 4490 SF CONSTRUCT 4" CONCRETE PATHWAY 4. 00 17, 960. 00 5 17844 SF CONSTRUCT 6" CONCRETE DRIVEWAY 6. 00 107, 064. 00 6 47 EA CONSTRUCT RESIDENTIAL DRIVEWAY 500. 00 23, 500. 00 7 1 EA MODEL COMPLEX 21, 013. 00 21, 013. 00
SUBTOTAL 249, 859. 00
GRAND TOTAL 249, 859. 00
p/ prof/ DRH/ 31620- Tract Imp EngEst- 9- 1- 20

Page 99 of 121 ends

17.D

Page 291 of 875 ends

BOND NO. 016213749
INITIAL PREMIUM: $ 998. 00

SUBJECT TO RENEWAL
EXHIBIT " C"

SURETY BONDS AND OTHER SECURITY
TRACT NO. 31620
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: $ 403, 997
Surety: LIBERTY MUTUAL INSURANCE CO.

Attorney- in-fact: NOAH WILLIAM PIERCE
Address: 175 BERKELEY STREET
BOSTON, MA 02116
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 403, 997
Surety: LIBERTY MUTUAL INSURANCE CO.

Attorney- in- fact: NOAH WILLIAM PIERCE
Address: 175 BERKELEY STREET
BOSTON MA 02116
CASH MONUMENT SECURITY: $ 1
Amount deposited per Cash Receipt No. Date: 9/ 3/ 20
RIV # 4830- 8901- 9593 vl 1

SUBDIVISION IMPROVEMENT AGREEMENT
DRAFT

Page 100 of 121 ends

17.D

Page 292 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 1 of 11 ends

CITY OF HEMET
FINAL

CONDITIONS OF APPROVAL
PLANNING COMMISSION DATE: July, 7, 2020

PLANNING COMMISSION DATE FOR
SITE DEVELOPMENT REVIEW 20-004 MOD.1: December 15, 2020 PROJECT NO.: Site Development Review No. 20-004 Mod.1 for Tract Map Nos. 25168-1, 31620 & 31620-1
OWNER/APPLICANT: D.R. Horton Los Angeles Holding Company/ Susan Paradiso LOCATION: Northeast corner of Florida Avenue and Lake Street APN(s): 551-560-001 through 551-560-015, 551-562-003 through 551-562-013, 551-563-001, 551-561-020 through 551-561-
029, 551-561-031 through 551-561-044, 551-493-006
through 551-493-015, 551-562-014 through 551-562-026,
551-491-017 through 551-491-019, 551-492-007, 551-493-
004 and 551-493-005
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. 20-004 Mod.1 shall become null and void on July 7, 2022 (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.

Page 101 of 121 ends

17.D

Page 293 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 2 of 11 ends

2. Approval of Site Development Review No. 20-004 Mod.1 shall become effective on December 29, 2020 unless it is appealed to the City Council by December 28, 2020 (10 calendar days after action by the Planning Commission). The appeal shall be in writing and shall be accompanied by the required fee.

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, Permit and Plan Checking Fees, Water and Sewer Service Fees, Capital Facility 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.

Page 102 of 121 ends

17.D

Page 294 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 3 of 11 ends

Subdivisions:

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

PLANNING DEPARTMENT CONDITIONS
Please contact the Planning Division for compliance with the following conditions:

Site Development & Design Review

9. The conditions of approval of this project shall be completed in accordance with underlying conditions of approval for Vesting Tentative Tract Map No. 31620 approved by the City Council on December 17, 2003 (Resolution No. 06-14).

10. Prior to the issuance of building permits for lots located in Site Development Review 20-004 (SDR20-004), the Planning Division shall review the proposed plotting for conformance with the Single-Family Design Guidelines, and the Single-Family Zone.

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

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

13. Rear elevations shall be enhanced on homes backing Florida Avenue.

14. All landscaping on Lake Street shall be installed in accordance with Condition No. 41 of Tract Map 31620 to be installed prior to first occupancy.

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

16. Perimeter wall should be interrupted by pilasters of stone, rock, masonry, or stucco with decorative accent material.

17. The interior and rear yard fencing, returns and gates shall consist of vinyl fencing material.

18. During initiation of the purchase agreement, the builder shall disclose to the buyer that the rear setback is 15 feet and this may affect the ability to obtain a back-yard patio cover in smaller yards.
a) The buyer shall sign an acknowledgement of the covered patio disclosure.

Page 103 of 121 ends

17.D

Page 295 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 4 of 11 ends

Landscaping

19. 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 September 27, 2016 (CC Resolution No. 4706).

20. The applicant shall submit a detailed drought tolerant plant pallet for landscaping on and offsite improvements. The plan shall include a breakdown for the landscape area square footage, percent landscape lot coverage, and percent landscape in parking lot area.

21. 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.
c) 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.

22. 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.

23. 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.

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

Page 104 of 121 ends

17.D

Page 296 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 5 of 11 ends

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

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

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

27. 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.

28. 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.

29. Existing rear or side yard Cedar fencing adjacent new construction shall be removed and replaced with vinyl fencing, this condition shall apply to properties adjacent to lot 35, 36, 37, & 60 in Tract 25168-1 and lots 1-15 in Tract 31620-1.

Prior to the issuance of a fencing permit along the north perimeter of the site, the home builder shall hold a construction meeting with the affected property owners either individually or collectively to discuss the fencing installation details. All affected property owners shall sign a waiver of liability at that meeting.

30. The homes on lots 1-15 in Tract 31620-1, and lots 35, 36, 37, 60, 64 & 65 in Tract 25168-1 shall be one-story in exchange for allowing thirteen (13) two-story homes that would have been constructed on those lots to be re-plotted within the interior lots of the Tract.

31. The six lots remaining within Tract Map No. 25168-1 shall be subject to TUMF fees.

Riverside Transit Agency

32. An ADA compliant connected sidewalk shall be provided for the existing bus stop located on north east corner of Florida Avenue and Lake Street.

Environmental

33. During construction, should any archaeological artifacts be discovered, the Planning Department shall be notified immediately, and all work shall cease until a qualified archeologist has examined the artifacts and the site and submitted findings and recommendations to the Planning Department. Recommencement of construction shall be upon the approval of the Planning Department.

Page 105 of 121 ends

17.D

Page 297 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 6 of 11 ends

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.

34. 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.

35. Address shall be posted in a manner approved by the City of Hemet Building Division.

36. 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.

37. Access, sanitary facilities, and parking shall comply with Title 24 Accessibility Requirements per the currently adopted California Building Code.

38. At least 1 accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.

If more than 1 route is provided, all routes must be accessible.

39. Submit five (5) complete sets of architectural plans and/or 5 sets of booklets if the following documents are applicable to your project: DRC Comments, mitigation Monitoring Reporting Plans or Conditions of Approval.
• Plot Plan
• Foundation Plan
• Floor Plan
• Structural Framing Plan
• Accessibility Plan
• Exit Study Plan
• Green Building Compliance Plan and Documentation
• Energy Compliance Plan including compliance and mandatory measures forms.
• Electrical Plans (electrical service shall be underground per Hemet Municipal Code, including size of main switch, number and size of service entrance conductors, circuit schedule and demand load.

Page 106 of 121 ends

17.D

Page 298 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 7 of 11 ends

• 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. • Mechanical Plan including duct layout and sizing.

40. Land Irrigation plans: Submit four (4) complete sets detached from building plans.

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

42. 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. • Approval (First Release) from Eastern Municipal Water District (EMWD) will be required prior to permit issuance.
• Approval (Final Release) from Eastern Municipal Water District (EMWD) will be required prior to permit final.

43. The proposed new development is 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.

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

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

46. 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.

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

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

48. Existing interior street improvements and other serving infrastructure are existing.

Page 107 of 121 ends

17.D

Page 299 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 8 of 11 ends

the satisfaction of the City Engineer. All work in the public right-of-way will require plans approved by the City Engineer and an Encroachment Permit from Engineering.

49. Builder will be required to slurry seal all streets throughout the development to the satisfaction of the City Engineer. At a minimum this may also require some dig-out and replacement of AC pavement and base in limited areas of failure (i.e. potholes and trenches), final patching of manhole rings/lids, valve cans/covers, and weed kill, crack routing and sealing throughout. All gutters shall be cleaned of all weeds (weed killer applied), debris and other objectionable materials removed to the satisfaction of the City Engineer.

50. Builder will be required to construct ADA compliant sidewalks and access ramps at intersections. Curb return depression will be required to meet ADA standards and if not will be required to be reconstructed to meet standards. Alternatively, the City Engineer will permit concrete “grinding” of existing curb when it can be demonstrated to his satisfaction that such grinding results in profiles that meet ADA requirements and integrity of remaining improvement is not compromised. A portion of asphalt pavement may need to be removed and reconstructed to meet ADA landing requirements.

51. Builder shall provide evidence that sewer and water facilities have been accepted for operation and maintenance by purveyor.

52. Easements for sewer and water along the common sideline of Lots 10 and 11, Tract 31620 must be respected to the satisfaction of the EMWD or facilities relocated, and easements quit. Provide clearance from EMWD for construction proposed on these 2 lots, including any walls or fences. All other easements that may exist must be respected in accordance with the easement holder’s rights.

53. Location of new driveway approaches may in some instances require construction of new curb and gutter where new approaches do not align with existing curb depressions. New full height curb shall be constructed at such locations per City standards or as approved by the City Engineer to match and join existing.

Removal and reconstruction shall extend to the next expansion or control joint when necessitated removal is closer than 5’ to an existing joint. Where new approaches conflict with existing full height curb existing curb and gutter it shall be removed and new curb and gutter (depression and flares) constructed per City Standards. Alternatively, the City Engineer will permit concrete “grinding” of existing curb when it can be demonstrated to his satisfaction that such grinding results in profiles that match existing driveway approach standards and integrity of remaining improvement is not compromised.

Page 108 of 121 ends

17.D

Page 300 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 9 of 11 ends

54. No more than 1 driveway approach will be permitted per lot and no shared driveways will be permitted in this development. Engineer is encouraged to critically evaluate and make minor adjustments to optimize on-street parking spaces (consider 20’ minimum for parallel parking) with consideration for driveway approaches, street light poles, fire hydrants, community mail boxes, etc.

55. All driveway approaches shall be constructed in accordance with city standards for residential driveway approaches. Maximum permitted driveway approach width is 28’ per standard number C-208. If any street light poles not clearing top of “X” by minimum of 2’ shall be redesigned or street light relocated.

56. Driveway approaches are to be located with nearest top of “X” minimum 2’ from property line and where occurring near intersections minimum 5’ clear to point of curvature of curb return.

57. Precise grading plan and geotechnical report shall be submitted for review and approval of City Engineer. Grading shall be in accordance with City Grading and Erosion Control Standards. All lots shall drain to the street and no cross-lot drainage is permitted. Any requirement for a WQMP will be determined during the grading plan review. If Builder has any information regarding WQMP for the initial development of site, please provide.

58. Builder shall verify that all street lights are powered and operational. City recently acquired street lights City-wide from SCE. It remains to be verified if the lights within this development area were included in the acquisition. Builder will not be required to retrofit to current City LED standard.

59. Show the proposed sewer and water connections from the point of connection to the building line on the site plan or site a utility plan provided.

60. All survey monuments must be protected and if disturbed or removed must be replaced in accordance with state law and corner records filed with the County Surveyor. Copy of all such records approved by the County Surveyor shall be provided to the City Engineer.

Public Works - Landscaping in Public Right-Of-Way

61. In all parkways, median strips and other areas of public right-of-way where landscaping and/or irrigation installation is required, the following requirements apply unless specifically modified in writing by the city engineer.

Page 109 of 121 ends

17.D

Page 301 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 10 of 11 ends

a) Prior to installation of any irrigation sprinkler system or landscaping within the public right-of-way, landscape plans shall be submitted to the city engineer for review and approval.
b) The irrigation system within the public right-of-way shall be in accordance with the City of Hemet Municipal Code.
c) Tree and planting materials within the public right of way shall be in accordance with Section III.8 of the City of Hemet Public Works Department Standard Specifications. Trees shall be installed 40 feet off center. (Must be 24 in. box, min. 1 ¾ caliper).

62. No Turf. Use drought tolerant shrubs and groundcover.

63. Parkways must be free of all debris (asphalt, rocks, concrete, and trash) and existing soil must be rototilled to a depth of 4” – 6” prior to installation of plant material.

64. All planters shall receive 4” of shredded bark mulch, “forest floor” 0 – 2” or approved equal.

PUBLIC WORKS – REFUSE REQUIREMENTS

65. 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 set up solid waste collection services and to help you meet your waste reduction goals.

66. Builders must recycle and or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with the 2019 California Green Building Standards Code.

67. AB 341 - All businesses that generate 4 or more cubic yards of waste per week must make arrangements for recycling collection services with CR&R or donate, sell and/or self-haul their recyclables to a recycling facility.

68. AB 1826 - All businesses that generate 4 or more cubic yards of waste per week must make arrangements for organics collection services with CR&R or donate, sell and/or self-haul their recyclables and organics to a recycling facility.

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,

Page 110 of 121 ends

17.D

Page 302 of 875 ends

City of Hemet – Conditions of Approval 
SITE DEVELOPMENT REVIEW NO. 20-004 Mod.1 Citrus Pointe

Page 11 of 11 ends

Fire Prevention Division for any questions regarding compliance with the applicable codes or following conditions:

68. A fire flow of 500gpm for a 30-minute duration is required per CFC Appendix B and shall have a maximum hydrant spacing of 300’ in accordance with the City of Hemet Public Works hydrant installation standards.

69. Addressing shall comply with the City of Hemet Planning Dept. Standards.

70. Fire Sprinklers are required for all SFR. Separate submittal and approval required.

Conditions added by the PC on 07/07/20.

71. On lots 61, 62 & 63 of Tract Map 25168 the home builder shall remove the existing side and rear Cedar fencing, including the side fencing between lots 61 & 62 and lots 62 & 63 and replace it with vinyl fencing, the home builder shall hold a construction meeting with the affected property owners either individually or collectively to discuss the fencing installation details. All affected property owners shall sign a waiver of liability at that meeting.

72. In the event the home builder successfully acquires lots 21-42 of Tract Map 31620-1 and lot 48 Tract Map 31620 the builder shall install the landscape, hardscape, pedestrian lights and other appurtenances in accordance with the City of Hemet Standard Specifications for Public Works Construction and the Scenic Highway Design Manual prior to the issuance of the first permit of the last phase of construction.

END

Page 111 of 121 ends

17.D

Page 303 of 875 ends

City of Hemet – FINAL Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-005 Citrus Pointe (27 Lots)

Page 1 of 10 ends

CITY OF HEMET
FINAL

CONDITIONS OF APPROVAL
PLANNING COMMISSION DATE: May 18, 2021
PROJECT NO.: Site Development Review No. 21-005 for Tract Map No. 31620-1
OWNER/APPLICANT: D.R. Horton Los Angeles Holding Company/ Susan Paradiso LOCATION: Northeast corner of Florida Avenue and Lake Street APN(s): 551-560-016 thru 021, 551-561-001 thru 019, 551-562-001 & 002, 551-493-016, 551-561-030 & 551-561-045
OCCUPANCY: This project has been reviewed as a/an R-1 Occupancy; any other use will require further review.

General Requirements:

1. Site Development Review No. 21-005 shall become null and void on May 18, 2023 (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. 21-005 shall become effective on June 2, 2021 unless it is appealed to the City Council by June 1, 2021 (10 calendar days after action by the Planning Commission). The appeal shall be in writing and shall be accompanied by the required fee.

Page 112 of 121 ends

17.D

Page 304 of 875 ends

City of Hemet – FINAL Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-005 Citrus Pointe (27 Lots)

Page 2 of 10 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.

Subdivisions:

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

Page 113 of 121 ends

17.D

Page 305 of 875 ends

City of Hemet – FINAL Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-005 Citrus Pointe (27 Lots)

Page 3 of 10 ends

PLANNING DEPARTMENT CONDITIONS
Please contact the Planning Division for compliance with the following conditions:

Site Development & Design Review

10. The current Road Closed gate on McIntosh Drive shall be removed upon issuance of the first building permit. Temporary closure fencing for construction may be placed by the D.R. Horton during construction.

11. Prior to the issuance of building permits for lots located in Site Development Review 21-005 (SDR21-005), the Planning Division shall review the proposed plotting for conformance with the Single-Family Design Guidelines, and the Single-Family Zone.

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

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

14. Perimeter wall should be interrupted by pilasters of stone, rock, masonry, or stucco with decorative accent material.

15. The interior and rear yard fencing, returns and gates shall consist of six foot tall vinyl fencing material.

Landscaping

16. 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 September 27, 2016 (CC Resolution No. 4706).

17. The applicant shall submit a detailed drought tolerant plant pallet for landscaping on and offsite improvements. The plan shall include a breakdown for the landscape area square footage, percent landscape lot coverage, and percent landscape in parking lot area.

18. 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:

Page 114 of 121 ends

17.D

Page 306 of 875 ends

City of Hemet – FINAL Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-005 Citrus Pointe (27 Lots)

Page 4 of 10 ends

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.
c) 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.

19. 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.

20. 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.

21. 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.

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

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

24. 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.

25. 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.

Page 115 of 121 ends

17.D

Page 307 of 875 ends

City of Hemet – FINAL Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-005 Citrus Pointe (27 Lots)

Page 5 of 10 ends

26. Existing rear or side yard Cedar fencing adjacent new construction shall be removed and replaced with vinyl fencing. Prior to the issuance of a fencing permit, the home builder shall hold a construction meeting with the affected property owners either individually or collectively to discuss the fencing installation details. All affected property owners shall sign a waiver of liability at that meeting.

27. The homes on lots 18 thru 25 in Tract 31620-1, shall be one-story.

28. Landscaping within the right-of-way along the Florida Avenue frontage shall be graphically illustrated on the final landscape plans submitted for permit issuance.

Each plant on the plan is to be shown at mature size with a symbol and included in plant legend (to scale).

Environmental

29. During construction, should any archaeological artifacts be discovered, the Planning Department shall be notified immediately, and all work shall cease until a qualified archeologist has examined the artifacts and the site and submitted findings and recommendations to the Planning Department. Recommencement of construction shall be upon the approval of the Planning Department.

30. 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.

31. Address shall be posted in a manner approved by the City of Hemet Building Division.

32. 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.

33. Access, sanitary facilities, and parking shall comply with Title 24 Accessibility Requirements per the currently adopted California Building Code.

Page 116 of 121 ends

17.D

Page 308 of 875 ends

City of Hemet – FINAL Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-005 Citrus Pointe (27 Lots)

Page 6 of 10 ends

34. At least 1 accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.

If more than 1 route is provided, all routes must be accessible.

35. Submit five (5) complete sets of architectural plans and/or 5 sets of booklets if the following documents are applicable to your project: DRC Comments, mitigation Monitoring Reporting Plans or Conditions of Approval.
• Plot Plan
• Foundation Plan
• Floor Plan
• Structural Framing Plan
• Accessibility Plan
• Exit Study Plan
• Green Building Compliance Plan and Documentation
• Energy Compliance Plan including compliance and mandatory measures forms.
• Electrical Plans (electrical service shall be underground per Hemet Municipal Code, including size of main switch, number and size of service entrance conductors, circuit schedule and demand load. • 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. • Mechanical Plan including duct layout and sizing.

36. Land Irrigation plans: Submit four (4) complete sets detached from building plans.

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

38. 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. • Approval (First Release) from Eastern Municipal Water District (EMWD) will be required prior to permit issuance.
• Approval (Final Release) from Eastern Municipal Water District (EMWD) will be required prior to permit final.

39. The proposed new development is 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.

Page 117 of 121 ends

17.D

Page 309 of 875 ends

City of Hemet – FINAL Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-005 Citrus Pointe (27 Lots)

Page 7 of 10 ends

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

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

42. 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.

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

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

44. Existing interior street improvements and other serving infrastructure are existing.

It is expected that construction of new homes and provision of utility services will necessitate some damage to these existing improvements. Builder will be required to repair or replace all damage in accordance with City standards and to the satisfaction of the City Engineer. All work in the public right-of-way will require plans approved by the City Engineer and an Encroachment Permit from Engineering.

45. Builder will be required to slurry seal all streets throughout the development to the satisfaction of the City Engineer. At a minimum this may also require some dig-out and replacement of AC pavement and base in limited areas of failure (i.e. potholes and trenches), final patching of manhole rings/lids, valve cans/covers, and weed kill, crack routing and sealing throughout. All gutters shall be cleaned of all weeds (weed killer applied), debris and other objectionable materials removed to the satisfaction of the City Engineer.

46. Builder will be required to construct ADA compliant sidewalks and access ramps at intersections. Curb return depression will be required to meet ADA standards and if not will be required to be reconstructed to meet standards. Alternatively, the City Engineer will permit concrete “grinding” of existing curb when it can be demonstrated to his satisfaction that such grinding results in profiles that meet ADA requirements and integrity of remaining improvement is not compromised. A portion of asphalt pavement may need to be removed and reconstructed to meet ADA landing requirements.

47. Builder shall provide evidence that sewer and water facilities have been accepted for operation and maintenance by purveyor.

Page 118 of 121 ends

17.D

Page 310 of 875 ends

City of Hemet – FINAL Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-005 Citrus Pointe (27 Lots)

Page 8 of 10 ends

48. Location of new driveway approaches may in some instances require construction of new curb and gutter where new approaches do not align with existing curb depressions. New full height curb shall be constructed at such locations per City standards or as approved by the City Engineer to match and join existing.

49. No more than 1 driveway approach will be permitted per lot and no shared driveways will be permitted in this development. Engineer is encouraged to critically evaluate and make minor adjustments to optimize on-street parking spaces (consider 20’ minimum for parallel parking) with consideration for driveway approaches, street light poles, fire hydrants, community mail boxes, etc.

50. All driveway approaches shall be constructed in accordance with city standards for residential driveway approaches. Maximum permitted driveway approach width is 28’ per standard number C-208. If any street light poles not clearing top of “X” by minimum of 2’ shall be redesigned or street light relocated.

51. Driveway approaches are to be located with nearest top of “X” minimum 2’ from property line and where occurring near intersections minimum 5’ clear to point of curvature of curb return.

52. Precise grading plan and geotechnical report shall be submitted for review and approval of City Engineer. Grading shall be in accordance with City Grading and Erosion Control Standards. All lots shall drain to the street and no cross-lot drainage is permitted. Any requirement for a WQMP will be determined during the grading plan review. If Builder has any information regarding WQMP for the initial development of site, please provide.

53. Builder shall verify that all street lights are powered and operational. City recently acquired street lights City-wide from SCE. It remains to be verified if the lights within this development area were included in the acquisition. Builder will not be required to retrofit to current City LED standard.

54. Show the proposed sewer and water connections from the point of connection to the building line on the site plan or site a utility plan provided.

Page 119 of 121 ends

17.D

Page 311 of 875 ends

City of Hemet – FINAL Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-005 Citrus Pointe (27 Lots)

Page 9 of 10 ends

55. All survey monuments must be protected and if disturbed or removed must be replaced in accordance with state law and corner records filed with the County Surveyor. Copy of all such records approved by the County Surveyor shall be provided to the City Engineer.

56. Lots 21-42 of Tract Map 31620-1 and lot 48 Tract Map 31620 shall be installed with landscape, hardscape, pedestrian lights and other appurtenances in accordance with the City of Hemet Standard Specifications for Public Works Construction and the Scenic Highway Design Manual prior to the issuance of the first permit of the last phase of construction.

Public Works - Landscaping in Public Right-Of-Way

57. In all parkways, median strips and other areas of public right-of-way where landscaping and/or irrigation installation is required, the following requirements apply unless specifically modified in writing by the city engineer. a) Prior to installation of any irrigation sprinkler system or landscaping within the public right-of-way, landscape plans shall be submitted to the city engineer for review and approval.
b) The irrigation system within the public right-of-way shall be in accordance with the City of Hemet Municipal Code.
c) Tree and planting materials within the public right of way shall be in accordance with Section III.8 of the City of Hemet Public Works Department Standard Specifications. Trees shall be installed 40 feet off center. (Must be 24 in. box, min. 1 ¾ caliper).

58. No Turf. Use drought tolerant shrubs and groundcover.

59. Parkways must be free of all debris (asphalt, rocks, concrete, and trash) and existing soil must be rototilled to a depth of 4” – 6” prior to installation of plant material.

60. All planters shall receive 4” of shredded bark mulch, “forest floor” 0 – 2” or approved equal.

PUBLIC WORKS – REFUSE REQUIREMENTS

61. 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 set up solid waste collection services and to help you meet your waste reduction goals.

Page 120 of 121 ends

17.D

Page 312 of 875 ends

City of Hemet – FINAL Conditions of Approval
SITE DEVELOPMENT REVIEW NO. 21-005 Citrus Pointe (27 Lots)

Page 10 of 10 ends

62. Builders must recycle and or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with the 2019 California Green Building Standards Code.

63. AB 341 - All businesses that generate 4 or more cubic yards of waste per week must make arrangements for recycling collection services with CR&R or donate, sell and/or self-haul their recyclables to a recycling facility.

64. AB 1826 - All businesses that generate 4 or more cubic yards of waste per week must make arrangements for organics collection services with CR&R or donate, sell and/or self-haul their recyclables and organics to a recycling facility.

63. A fire flow of 500gpm for a 30-minute duration is required per CFC Appendix B and shall have a maximum hydrant spacing of 300’ in accordance with the City of Hemet Public Works hydrant installation standards.

64. Addressing shall comply with the City of Hemet Planning Dept. Standards.

65. Fire Sprinklers are required for all SFR. Separate submittal and approval required.

END

Page 121 of 121 ends

Hemet City CouncilOctober 22, 2024

Hemet City Council
October 22, 2024