Hemet City Council
May 27, 2025

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5 Project No. 2407
result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties.

However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

9. CLAYTON AND CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.

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

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

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6 Project No. 2407
compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

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

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

Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.

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

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

(Contractor Initials) (Contractor Initials)

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7 Project No. 2407

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

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

16. GENERAL PROVISIONS
a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract without the prior written consent of City; which consent may be withheld in the City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.

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8 Project No. 2407
f) Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. g) Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. i) Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Riverside. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Riverside.
[Signature Page Follows]

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9 Project No. 2407
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Hemet
By:

Mark Prestwich, City Manager
CONTRACTOR:

All American Asphalt
By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

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

APPROVED AS TO FORM:

By:

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

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EXHIBIT A

CONTRACT DOCUMENTS

1. City of Hemet Contractor Agreement

2. Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council

3. Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal

4. Bid Schedule(s)

5. Addenda and/or Bulletins

6. Plans

7. Special Provisions (Specifications)

8. General Conditions

9. General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2018 edition as amended and supplemented

10. State Standard Specifications

11. State Standard Plans

12. Permits issued by jurisdictional regulatory agencies

13. Electric, gas, telephone, and cable television company specifications and standards

14. Notice of Award

15. Notice to Proceed

16. Certificate(s) of Required Insurance and Worker’s Compensation Insurance

17. Security for Payment (Labor & Materials) and Performance

18. Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.

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EXHIBIT B

CONTRACT PRICE
Not to Exceed Three Million Five Hundred and Eighty-Nine Thousand Three Hundred and Seventy-Two Dollars $3,589,372.00
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

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EXHIBIT C

INSURANCE

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

Type of Insurance Limits
Commercial General Liability $5,000,000 per occurrence/$10,000,000 general aggregate
Business Automobile Liability $5,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.

2.Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.

3.Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.01THAT WHEREAS, CITY OF HEMET (Owner) has awarded to All American Asphalt as Principal, dated the 28th day of May, 2025 (the Contract), titled the City of Hemet 2024/25 Citywide Pavement Rehab - CIP 2407 in the amount of $3,589,372.00, which Contract is by this reference made a part hereof, for the work of the following Contract:
2024/25 Citywide Pavement Rehab - CIP 2407

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

1.03NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($3,589,372.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

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

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

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

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

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

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

END OF DOCUMENT

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CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated May 28th, 2025 is in the amount of $3,589,372.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to All American Asphalt (Contractor), (Surety), CITY OF HEMET (Owner), or other party shall
be considered plural where applicable.

CONTRACTOR: SURETY:

All American Asphalt
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: 2024/25 Citywide Pavement Rehab - CIP 2407, dated May 28th, 2025, in the amount of $3,589,372.00.

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

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.2Contractor’s obligations to pay liquidated damages; and

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

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

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

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

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

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

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

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

14. Definitions

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

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

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

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

END OF DOCUMENT

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243
Menifee
Hemet
W Menlo Ave
W Stetson Ave
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K
irby
St
W Johnston Ave
W Acacia Ave
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Sanderson
Ave
W Thornton Ave
S
Caw
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ilm
ore
St
W Latham Ave
N
Elk
St
Sydney St
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Caw
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Ave
W Menlo Ave
S
Lyon
Ave
Florida Ave
Pinacate Rd
W Florida Ave
Seven Hills Golf
Course
Valle Hermosa
Sierra Dawn
Estates
W
aterside
Dr Maple Dr
S
Lyon
A
ve
Seven Hills Golf
Course
West Valley
High School
S
Buena
Vista
St
G
irard
St
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Santa
Fe
St
N Gilbert St
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Palm
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C rest Dr
Whittier Ave
N
G
irard
St
W Whittier Ave
E Thornton Ave
Acacia Ave
W Thornton Ave
W Latham Ave
Clark Dr
Johnston Ave
Mayberry Ave
W Menlo Ave
S
State
St
CornellSt
Stetson Ave
Park Ave
S
State
St
E Florida AveW Florida Ave
N
San
Jacinto
St
E Mayberry Ave
Hemet
CornellSt
S
State
St
Mcsweeny
Elementary
School
McSweeny
Ranch
Stanford
St
Johnston Ave
Acacia Ave
Hem
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Lake
St
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Soboba
St
Park
Ave
Stetson Ave
Soboba
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State Highway 74State Highway 74
East Hemet
V ista del Valle
Hem
et
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Bancroft Way
Lake Crest
Estates
0 4,0002,000 Feet
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CIP 2407
C:\Users\dduncan\OneDrive - City of Hemet\Documents\Tasks\184_CIP2407_Exhibits_20250505\Maps\CIP_2407.aprx 5/21/2025 CIP 2407
Hemet St
Bariloche LnAlessandro St
Sanderson Ave
Alley connecting
Devonshire Ave and Elk St
Palos DrMariposa Dr
Cordova Dr

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 27 2025
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Allow an Additional Contribution Towards Employee Share Premium Costs for Eligible Employees Hired on or After January 1, 2025

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Allow an Additional Contribution Towards Employee Share Premium Costs for Eligible Employees Hired on or After January 1, 2025.

BACKGROUND:

The City of Hemet offers a group health insurance program for its employees, with the City contributing toward premium costs. These contributions support the City’s efforts to attract and retain qualified staff while promoting employee wellness. However, newly hired employees may face a significant hardship when transitioning to the City’s offered health plans from their current employment, especially the City's lowest-cost health plan because it can result in loss of access to current physicians, necessary prescription medications, or causes a substantial increase in out-of- pocket drug costs. In response, City staff recommends that the City Council consider adopting a policy to provide limited, temporary financial assistance for such employees who must enroll in a higher-cost plan to avoid disruption in care.

This policy is limited in time and scope as the City analyzes increasing the affordability and diversity of our health plan options for employees.

ANALYSIS:

The proposed resolution allows for an additional monthly City contribution for eligible employees hired on or after January 1, 2025, who can demonstrate a continuity-of-care hardship. The additional

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contribution would be equal to one-half of the difference between the City's standard contribution and the cost of the most expensive City-sponsored health plan within the same coverage tier. Eligibility is conditioned upon documented medical or pharmaceutical hardship, and the benefit is limited to a maximum of 12 consecutive months. The policy will initially apply only to at-will and unrepresented management/confidential employees and may later extend to represented employees upon completion of meet-and-confer obligations.

DISCUSSION:

This resolution seeks to address an equity concern in health benefit transitions for new employees while balancing fiscal responsibility. By limiting the contribution to half the premium difference and capping the duration, the City maintains a prudent approach to financial support. The resolution also includes an appeal mechanism and clear administrative procedures to ensure transparent implementation. Furthermore, the sunset provision of June 30, 2027, allows for future reassessment of the policy's effectiveness and impact. The policy can be extended to represented units following the execution of a side letter.

STRATEGIC PLAN INTEGRATION:

N/A

FISCAL IMPACT:

The maximum financial exposure under this resolution is capped at $25,000 per fiscal year. This cost will be incorporated into the City’s annual operating budget. Actual expenditures will vary depending on the number of eligible new hires who qualify and apply for the benefit, but are expected to remain within the stated annual limit.

ALTERNATIVE(S):

Approve the resolution as proposed – This will provide needed support to new employees facing documented health care disruptions and align with the City’s recruitment and retention strategies.

Modify the proposed resolution – The Council may consider altering the reimbursement amount, eligibility criteria, or duration of the benefit.

Do not approve the resolution – This would maintain the status quo but may negatively impact the City’s ability to attract candidates who face significant health care transition challenges.

ATTACHMENT(S):

Attachment 1: Resolution - Hemet Health Contributions

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CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO ALLOW AN ADDITIONAL CONTRIBUTION

TOWARDS EMPLOYEE SHARE PREMIUM COSTS FOR

ELIGIBLE EMPLOYEES HIRED ON OR AFTER
JANUARY 1, 2025
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City of Hemet (“City”) offers a group health‑insurance program to its employees and contributes toward the cost of premiums in order to recruit and retain a talented workforce and to safeguard employee wellness; and WHEREAS, in some instances, switching to the City’s most cost-effective plan would cause a newly hired employee or a dependent (a) to lose access to a physician currently providing ongoing treatment, (b) to lose coverage for a prescription medication, or (c) to face a significant prescription‑drug cost increase; and WHEREAS, newly hired employees may elect to enroll in the City’s higher cost plan to preserve a relationship with a physician or access to prescription drugs for themselves or their dependents, at significant cost; and WHEREAS, the City Council (“Council”) finds that partially offsetting the cost by reimbursing an amount tied to the difference between the City’s regular premium contribution and the total premium of the City’s most expensive health plan—serves the

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CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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City’s recruitment and retention objectives while encouraging a timely transition to City benefits.

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

SECTION 1. Findings and Incorporation. The Council adopts the foregoing recitals as findings and enacts this Resolution to authorize an additional contribution towards premiums for certain newly hired employees, equal to one half of the difference between (i) the City’s employer contribution toward premiums plan and (ii) the total premium for the City’s most expensive health plan in the same coverage tier, thereby protecting continuity of care and mitigating undue financial hardship.

SECTION 2. Eligibility.

An employee shall be eligible for additional City contributions under this Resolution if all the following conditions are met:

Date of hire. The employee’s City start date is on or after January 1, 2025; Continuity‑of‑care hardship. The employee submits to the Human Resources (“HR”) Department a signed letter from a treating physician, pharmacy, or other licensed health‑care provider (on the provider’s letterhead) demonstrating at least one of the following would occur under the City’s lowest cost plan:
(a) The employee or a covered dependent would lose the ability to continue treatment with a physician currently providing care; (b) The employee or a covered dependent would lose access to one or more prescription medications currently covered; or

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CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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(c) The employee’s or dependent’s out‑of‑pocket cost for one or more prescription medications would increase by more than fifty percent (50 %) if transferred to the City’s plan.

Election of Increased Cost City-Sponsored Health Plan. To avoid the Continuity of Care Hardship, the employee desires to (or has) enrolled in a City- Sponsored Health Plan with a higher cost than the City’s lowest cost plan.

SECTION 3. Amount and Term of Additional Contribution.

Monthly cap. Additional contribution for any month shall not exceed one-half of the difference between the cost of the most expensive City‑sponsored group health plan into which the employee has enrolled, and the monthly dollar amount that the City contributes toward the premium for the City’s group health plan for an employee in the same coverage tier (employee‑only, employee + one, or family) during that month.

Duration. Additional contribution may be made for up to twelve (12) consecutive months following the employee’s City hire date, or until the earliest of the following events:
(a) The employee or dependent enrolls in a different health plan; (b) The employee separates from City employment.

Retroactivity. Eligible employees hired on or after January 1, 2025, may seek reimbursement retroactively for qualifying premiums paid on or after that date, provided all documentation required under Section 2 is submitted within ninety (90) days of this Resolution’s adoption.

Method. Additional contribution shall be processed monthly upon HR’s verification of (a) proof‑of‑payment for the premium and (b) continued eligibility under

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CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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this Resolution. HR shall use standard payroll procedures and shall report the additional contribution as taxable or non‑taxable income in compliance with applicable federal and state law.

SECTION 4. Administration and Appeals.

Primary review. Human Resources (“HR”) shall review and approve or deny additional contribution requests in writing within fifteen (15) business days of receiving complete documentation.

Appeal. An employee whose request is denied may submit a written appeal to the City Manager within fifteen (15) calendar days of HR’s decision. The City Manager shall issue a written determination within fifteen (15) calendar days, and that determination shall be final.

Guidelines. The City Manager is authorized to promulgate administrative rules, forms, and other guidelines to carry out this Resolution, provided such rules are consistent herewith.

SECTION 5. Application Limited to At‑Will Classifications Pending Completion of Meet‑and‑Confer
A. Initial Scope. Until the conditions in Subsection 5.B. are satisfied, the additional contributions authorized by this Resolution shall apply only to employees whose classifications are designated as “at‑will” under the City’s At‑Will Employment Resolution or unrepresented Management/Confidential.

B. Expansion to Represented Bargaining Units. The benefit established herein shall extend to employees in any represented bargaining unit only after the City

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CITY OF HEMET RESOLUTION NO. 2025-XXX 5
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Manager transmits to the City Council a written certification that, for each such unit, either:

1. Side Letter Executed. The City and the recognized employee organization have executed a side letter, memorandum of understanding, or other written agreement that expressly incorporates the benefit; or

2. Impasse Procedures Exhausted. The City has completed all meet‑and‑confer and impasse procedures required by the Meyers‑Milias‑Brown Act (Gov. Code §§ 3500 et seq.) and applicable City policies, including mediation and fact‑finding, and the City Council has thereafter taken lawful final action to implement the benefit.

C.Effective Date for Represented Employees. For any bargaining unit identified in the City Manager’s certification, the additional contributions authorized by this Resolution shall become effective on the first day of the pay period following the City Council’s receipt of the certification, unless a later effective date is specified in the applicable side letter or Council action.

SECTION 6. Funding.

Additional contribution appropriations will be included into the City’s operating budget at a not-to-exceed value of twenty-five thousand dollars ($25,000) per fiscal year.

SECTION 7. Severability.

If any provision of this Resolution or its application to any person or circumstance is held invalid, the remainder of the Resolution, and the application of its provisions to other persons or circumstances, shall not be affected.

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CITY OF HEMET RESOLUTION NO. 2025-XXX 6
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SECTION 8. Effective Date.

This Resolution shall take effect immediately upon its adoption, and the City Clerk shall attest and certify to its passage. This Resolution shall automatically expire and be of no further force and effect as of June 30, 2027.

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CITY OF HEMET RESOLUTION NO. 2025-XXX 7
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PASSED, APPROVED AND ADOPTED this 27th day of May, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2025-XXX 8
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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 27th day of May, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 27 2025
Department: Administration
Submitted by: Mark Prestwich, City Manager
Kristian Ticas, Community Solutions Coordinator;

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

TITLE:

A Resolution of the City Council of the City of Hemet, Authorizing the City Manager to Execute the First Amendment to the Agreement with Kaiser Foundation Health Plan, Inc., and Kaiser Foundation Hospitals (KP) to Approve an Additional Day of Mobile Health Services Under the Current Parking License Agreement

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, Authorizing the City Manager to Execute the First Amendment to the Agreement with Kaiser Foundation Health Plan, Inc., and Kaiser Foundation Hospitals (KP) to Approve an Additional Day of Mobile Health Services Under the Current Parking License Agreement.

BACKGROUND:

In accordance with continually seeking ways to improve better access to higher quality affordable healthcare for its constituents, the City of Hemet City Council approved on November 12, 2024, a consent item to execute a lease for KP's use of a City-owned parking lot, situated at 249 N. Carmalita St, Hemet, CA 92543. The use allows for KP's 53-foot Mobile Health Vehicle (MHV) to park and operate their clinic every Thursday and every other Monday (excluding holidays) between the hours of 8:00 AM and 5:00 PM.

ANALYSIS:

After five months of the parking lot use for KP servicing approximately 600 patients out of the MHV, KP has requested to be allowed use of the parking lot every Monday (excluding holidays) and every Thursday instead of just Thursdays and every other Monday. This means access can now be granted twice a week on a consistent weekly basis for Kaiser members.

DISCUSSION:

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The City acknowledges the need to address health disparities by providing services that are easily accessible to all community members, especially those who may face barriers to conventional healthcare access due to transportation, financial, or other limitations. The additional day of service request will provide more consistent and predictable access that better supports ongoing programs or services benefiting the community, creating a weekly routine and supporting regular scheduling that improves accessibility to KP members.

PREVIOUS COUNCIL ACTION:

Previous resolution was approved for execution by City Council on November 12, 2024.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

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

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

Objective 2: Increase transparency for the public.

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

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

Objective 1: Develop concepts and programs to increase opportunities for youth recreation.

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

Objective 3: Develop programs to offer support to the community's businesses

FISCAL IMPACT:

There will be no fiscal impact to the City.

ATTACHMENT(S):

Attachment 1: Resolution Authorizing City Manager to Execute First Amendment to the MOU with KP

5.20 Attachment 2: First Amendment to Kaiser Parking License Agreement

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CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE FIRST AMENDMENT TO

THE AGREEMENT WITH KAISER FOUNDATION HEALTH
PLAN, INC. AND KAISER FOUNDATION HOSPITALS TO

APPROVE AN ADDITIONAL DAY OF MOBILE HEALTH

SERVICES UNDER THE CURRENT PARKING LICENSE

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

WHEREAS, the City of Hemet (“City”) is dedicated to the health, wellness, and well-being of its residents, recognizing the importance of accessible healthcare services in maintaining a vibrant and thriving community; and
WHEREAS, the City acknowledges the need to address health disparities by providing services that are easily accessible to all community members, especially those who may face barriers to conventional healthcare access due to transportation, financial, or other limitations; and
WHEREAS, Kaiser Permanente (“KP”), a respected healthcare provider in the region, has established a weekly presence of their mobile medical clinic to deliver essential healthcare services on a weekly basis to residents of the City, thereby

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CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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providing increased access to primary care, preventative services, and health education; and
WHEREAS, the City Council of Hemet believes that the presence of this mobile medical clinic has greatly enhance the health resources available to its constituents and is in alignment with the City’s commitment to supporting public health initiatives; and WHEREAS, the City and KP have worked collaboratively to develop a Memorandum of Understanding (MOU) to license city property to KP for the purpose of establishing this weekly mobile medical clinic, under mutually agreed terms and conditions that prioritize the welfare of the community and ensure responsible usage of public property;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Hemet formally authorizes the city manager execution of the this First Amendment to the Mobile Health Vehicle Parking License Agreement of Understanding with KP, licensing agreement has been updated to allow use of the parking lot every Monday (excluding holidays) and every Thursday, instead of just Thursdays and every other Monday (excluding holidays). This means access is now granted twice a week on a consistent weekly basis to provide accessible, high-quality healthcare services for the benefit of Hemet residents and surrounding areas.

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BE IT FURTHER RESOLVED, that the City of Hemet will work in close partnership with KP to facilitate the ongoing success of this clinic and monitor its impact on public health outcomes, continuing to support efforts to bring essential health services directly to our community.

Dated the 27th day of May, 2025.

PASSED, APPROVED AND ADOPTED this 27th day of May, 2025. ____________________________
Jaculin Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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State of California )
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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 27th day of May, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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00091753.1

FIRST AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION

AND

KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER
FOUNDATION HOSPITALS (COLLECTIVELY, “KP”)

DATED: MAY 27, 2025

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00091753.1 Page | 1

FIRST AMENDMENT TO AGREEMENT

This First Amendment to the Mobile Health Vehicle Parking License Agreement for the hosting of the Mobile Health Vehicle (“MHV”) in a section of the Licensors Parking Lot is made and entered into as of this 27th day of May, 2025, by and between the City of Hemet (“Licensor”), a California municipal corporation and Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (collectively, “KP”). Licensor and KP are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. Licensor and KP entered into an agreement entitled “ Mobile Health Vehicle Parking License Agreement” dated November 1, 2024 (“Agreement”) for the purpose of KP hosting the MHV in a section of its Parking Lot situated at 249 N. Carmalita St, Hemet, CA 92543 (“Parking Lot”) on a regular scheduled basis

B. Pursuant to Section 16 of the Agreement, the Parties desire to amend the Agreement to revise the days of permitted use on Exhibit “B”.

C. Exhibit “B” of the Agreement provides that the days of operation are every Thursday and every other Monday.

D. This First Amendment amends Exhibit “B” of the Agreement to extend the days of operation to every Monday and Thursday.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [PERMITTED USES ]. Exhibit “B” of the Agreement is hereby amended as follows:

Days and Hours of Permitted Use:

Every Monday and Thursday (Excluding Holidays) between the hours of 8AM and 5PM.

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00091753.1 Page | 2

2. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.

3. INTEGRATION. This Amendment consists of pages 1 through 3, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

4. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

5. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the Licensor and KP.

6. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.

7. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]

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00091753.1 Page | 3

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
KP
By:

Its:

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 27 2025
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;

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

TITLE:

Consideration of Accepting a Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36566

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Select from the following options:

1. a Approving California, Hemet, of City the of Council City the of Resolution a Adopt Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36566, located North of Kimball Avenue, West of Buena Vista Street, and East of Juanita Street.

2. Do not approve the Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36566, located North of Kimball Avenue, West of Buena Vista Street, and East of Juanita Street.

3. Provide Alternative Direction to the City Manager.

BACKGROUND:

On October 22, 2024, the City Council approved Parcel Map No. 36566, along with the Subdivision Improvement Agreement (“Agreement”), and accepted the Performance and Material Bond, and the Labor Bond (“Bonds”). The Agreement was executed by Frontier California, Inc. (“Developer”) who secured the Bonds necessary to ensure the public improvements associated with Parcel Map No. 36566 would be completed.

The Developer is currently in the process of selling Parcel 2 of Parcel Map 36566 to the Simon Chu and Kiki Chu Family Trust 2006 (“New Developer”). As the new owner, the public improvements become the responsibility of the New Developer, and the City requires a subdivision improvement agreement and associated bonds from this new entity responsible for the improvements.

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ANALYSIS:

Parcel Map No. 36566 subdivided an existing parcel into two parcels, in which one parcel now includes the existing Frontier building, and the other parcel includes the existing vacant building.

The City Attorney has reviewed and approved the Subdivision Improvement Agreement and the Bonds as to form. Staff recommends that the City Council decide whether to accept the proposed replacement of the Subdivision Improvement Agreement and improvement bonds.

DISCUSSION:

Approval of the replacement Subdivision Improvement Agreement and associated bonds with the future owner of Parcel 2 of Parcel Map 36566 will ensure that the agreements and security for public improvements are current and with the correct entity responsible for making improvements.

PREVIOUS COUNCIL ACTION:

On October 22, 2024, the Council approved Parcel Map 36566, a subdivision improvement agreement, and accepted bonds from the Developer.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Operate in a financially sustainable manner.

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

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

There are no fiscal impacts to the General Fund.

ALTERNATIVE(S):

1. Approving California, Hemet, of City the of Council City the of Resolution a Adopt a Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36566, located North of Kimball Avenue, West of Buena Vista Street, and East of Juanita Street.

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2. Do not Approve the Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36566, located North of Kimball Avenue, West of Buena Vista Street, and East of Juanita Street.

3. Provide Alternative Direction to the City Manager.

ATTACHMENT(S):

Attachment 1: Resolution - Replacement Subdivision Improvement Agreement And Security For Parcel Map No. 36566
Attachment 2: Assignment and Assumption of SIA - Draft
Attachment 3: Improvement Bonds
Attachment 4: FPM 36566

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CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING A

REPLACEMENT SUBDIVISION IMPROVEMENT

AGREEMENT AND IMPROVEMENT SECURITY FOR
PARCEL MAP NO. 36566, LOCATED NORTH OF

KIMBALL AVENUE, WEST OF BUENA VISTA STREET,

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

WHEREAS, Parcel Map No. 36566 was approved by City Council on October 22, 2024, and was prepared by Frontier California, Inc.; and WHEREAS, Frontier California, Inc. entered into a Subdivision Improvement Agreement and provided bonds for public improvements associated with Parcel Map No. 36566; and
WHEREAS, the Simon Chu and Kiki Chu Family Trust 2006 is in the process of buying Parcel 2 of Parcel Map 36566, and as the new owner, would now be required to complete the outstanding public improvements; and
WHEREAS, to meet and continue the requirements established as a prerequisite to final approval of Parcel Map No. 36566, the Simon Chu and Kiki Chu Family Trust 2006 agreed to enter into a Subdivision Improvement Agreement superseding and replacing the Subdivision Improvement Agreement known as Riverside County Recorder’s Document 2024-0365536, together with sufficient

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CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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security, in conformance with the City Attorney’s approval format, for approval and execution by the City; and
WHEREAS, the Subdivision Improvement Agreement and the sufficient security have been accepted by the City.

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.APPROVAL – The replacement subdivision improvement agreement for Parcel Map No. 36566 is approved and the City Manager is authorized to execute the agreement and the City Clerk is authorized to attest thereto. Said improvement security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. Pursuant to Government Code section 66458, Parcel Map No. 36566 was previously approved, and City accepted the real property described therein.

SECTION 3.EFFECTIVE DATE – This Resolution shall become effective upon adoption.

18.A.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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PASSED, APPROVED AND ADOPTED this 27th day of May, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

18.A.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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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 27th day of May, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

18.A.

-2-

ASSIGNMENT AND ASSUMPTION AGREEMENT AND

AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (“Assignment & Assumption”) is made and entered into as of the day of , 2025 (“Effective Date of Assignment & Assumption”), by and among the CITY OF HEMET, a municipal corporation of the State of California (“City”), Frontier California, Inc., a California Corporation (“Assignor”), and The Simon Chu and Kiki Chu 2006 Family Trust (“Assignee”).

RECITALS
A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated _____, 2024 (“SIA”), pursuant to which Assignor, as the “Subdivider” defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 36566 (“Tract”), as more fully described in SIA and its exhibits (“Improvements”).

B. Assignor desires to sell or otherwise transfer its interest in the Tract to Assignee.

In conjunction with such sale/transfer, Assignor desires to assign the SIA, and all of Assignor’s rights, duties and obligations thereunder, to Assignee, and Assignee desires to assume Assignor’s position, rights duties and obligations, with respect to the SIA and all of Assignor’s rights and obligations under the SIA subject to the terms of this Assignment & Assumption.

C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Assumption by all the parties hereto.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, where are hereby incorporated, and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor’s rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA.

City hereby consents to the foregoing assignment and assumption.

2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished to the City adequate and acceptable security for the Improvements, including but not limited to security for payment, performance, monumentation and others (collectively “Improvement Security.”) Assignee hereby warrants that within five (5) days of the Effective Date of Assignment & Assumption, it shall replace Assignor’s Improvement Security with security of its own in accordance with the terms and conditions of the SIA, which shall not be less than the “Improvement Security”, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee’s security shall be in full compliance with the terms and conditions stated in the SIA for such Improvement Security. The City agrees that

18.A.

-3-
upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release the Assignor’s Improvement Security.

3. Solvency. As a material inducement to the City to enter into the Assignment & Assumption, Assignee hereby represents and warrants to City, and City hereby relies on Assignee’s representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of this Assignment & Assumption. In the event that the Assignee fails to perform any of its obligations and duties in the manner and time frame provided for in the SIA or under this Assignment & Assumption, and the City incurs any costs in pursuing the Improvement Security, or if the Improvement Security is unavailable or insufficient to complete the Improvements, then upon the exhaustion (or unavailability) of Assignee’s Improvement Security, Assignee shall, at its sole expense, indemnify, hold harmless and reimburse the City in accordance with Section 14 of the SIA for any and all costs incurred by the City in connection with completing the Improvements and enforcing or attempting to enforce the obligations of Assignee being assumed under this Assignment & Assumption.

4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Assumption in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. [THIS SPACE INTENTIONALLY LEFT
BLANK]
Signatures Begin On Following Page

18.A.

-4-
IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Assumption on day of , 2025.

CITY OF HEMET
MAYOR

By: _______________________________
ATTEST:

CITY CLERK
By: _______________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: _______________________________
ASSIGNOR: FRONTIER CALIFORNIA, INC.

Its: Date
[SIGNATURES CONTINUED ON NEXT PAGE]

18.A.

-5-
ASSIGNEE:

THE SIMON CHU AND KIKI CHU
2006 FAMILY TRUST
By: _____________________________ Date: ______________
Name: Simon Chu
Title: Trustee
By: _____________________________ Date: ______________
Name: Kiki Chu
Title: Trustee

18.A.

"WHAT“!an
BONDNO.4480922INITIALPREMIUM:$6,040.00SUBJECTTORENEW ALCITYOFHEMETPARCELMAPNO.36566IMPROVEMENTSFORMOFPERFORMANCEBONDKNOWALLMENBYTHESEPRESENTS:WHEREAStheCityofHemet,California(“City”)andSimonChuandKikiChuFamilyTrust2006(“Principal”),haveexecutedanagreementforworkconsistingof,butnotlimitedto,thefurnishingalllabor,materials,tools,equipment,services,andincidentalsforallgrading,roads,paving,curbsandgutters,pathways,stormdrains,watersystem,sanitarysewers,utilities,drainagefacilities,traf?ccontrols,landscaping,streetlights,andallotherrequiredfacilitiesforParcelMapNo.36566(“PublicImprovements”);WHEREAS,thePublicImprovementstobeperformedbyPrincipalaremoreparticularlysetforthinthatcertainSubdivisionImprovementAgreementdated:22/;LoLf'(“ImprovementAgreement”);WHEREAS,theImprovementAgreementisherebyreferredtoandincorporatedhereinbyreference;andWHEREAS,PrincipalisrequiredbytheImprovementAgreementtoprovideagoodandsuf?cientbondforperformanceoftheImprovementAgreement,andtoguaranteeandwarrantythePublicImprovementsconstructedthereunder.NOW;THEREFORE,PrincipalandMarkeIInsuranceCompanv(“Surety”),acorporationorganizedandexistingunderthelawsoftheStateofCalifornia,anddulyauthorizedtotransactsuretybusinessunderthelawsoftheStateofCalifornia,areheldand?rmlybounduntoCityinthesumofTwoHundredSeventySixThousandNineHundredEightyNineDollarsand40/100cents,($276,989.40),saidsumbeingnotlessthanonehundredpercent(100%)ofthetotalcostofthePublicImprovementsassetforthintheImprovementAgreement,webindourselves,ourheirs,executorsandadministrators,successorsandassigns,jointlyandseverally,?rmlybythesepresents.THECONDITIONOFTHISOBLIGATIONissuch,thatifPrincipal,hisoritsheirs,executors,administrators,successorsorassigns,shallinallthingsstandtoandabideby,andwellandtrulykeepandperformthecovenants,conditions,agreements,guarantees,andwarrantiesintheImprovementAgreementandanyalterationthereofmadeasthereinprovided,tobekeptandperformedatthetimeandinthemannerthereinspeci?edandinallrespectsaccordingtotheirintentandmeaning,andtoindemnifyandsaveharmlessCity,itsof?cers,employees,andagents,asstipulatedintheImprovementAgreement,thenthisobligationshallbecomenullandvoid;otherwiseitshallbeandremaininfullforceandeffect.

RIV#4830-8901-9593vl SUBDIVISIONIMPROVEMENTAGREEMEN

18.A.

(Pg‘IM/W/CW
Aspartoftheobligationsecuredhereby,andinadditiontothefaceamountspeci?edtherefor,thereshallbeincludedcostsandreasonableexpensesandfees,includingreasonableattorney’sfees,incurredbyCityinsuccessfullyenforcingsuchobligation,alltobetaxedascostsandincludedinanyjudgmentrendered.Surety,forvaluereceived,herebystipulatesandagreesthatnochange,extensionoftime,alteration,oradditiontothetermsoftheImprovementAgreement,ortoanyplans,pro?les,andspeci?cationsrelatedthereto,ortothePublicImprovementstobeconstructedthereunder,shallinanywayaffectitsobligationsonthisbond,anditdoesherebywaivenoticeofanysuchchange,extensionoftime,alteration,oraddition.Thisbondisexecutedand?ledtocomplywithSection66499e_ts_eq.oftheGovernmentCodeofCaliforniaassecurityforperformanceoftheImprovementAgreementandsecurityfortheone-yearguaranteeandwarrantyofthePublicImprovements.INWITNESSWHEREOF,thesealandsignatureofthePrincipalisheretoaf?xed,andthecorporatesealandthenameoftheSuretyisheretoaf?xedandattestedbyitsdulyauthorizedAttorney-in-Factat Orange,CA ,this5thdayofFebruary2025 SimonChuandKikiChuFamilvTrust2006 MarkelInsuranceCompanvPrincipal Surety By By:ts:ManagingMemberAttorney-In-FactShaunnaRozelleOstrom,Attorney-in-Factname) (printname) NOTE:APPROPRIATENOTARIALACKNOWLEDGMENTSOFEXECUTIONBYPRINCIPALANDSURETY ,ANDACOPYOFTHEPOWEROFATTORNEYTOLOCALREPRESENTATIVESOFTHEBONDINGCOMPANYMUSTBEATTACHEDTOTHISBOND.

RIV#4830-8901-9593v1 SUBDIVISIONIMPROVEMENTAGREEMEN

18.A.

Anotapublicotheoiiicercompletingiscertiilveri?esdocum(town thisertiiicateisattacheendnotmthfuin whoprovedtomeonthebasisofsatisfactoryevidenceto ersonnew scribedtothewithininstrumentandecknowadtome(hmhe/tey emer/theirauthorizedcapacityiiendthatb r/theirsignetur instrumentpersonheentityuponbehalfofwhicthepersoned,executednstrulcertifyunder P JURY truJAMESLMUNSONIIWI%comI24712493N.onmuwccmronuuU)Fin/Elan;Comm' mom.inNov‘12,2027“ Signature
CALIFORNIAALL-PURPOSAGKNOWI.DGMENTCIVILCODE§1189ryorr th cateonlytheidentityoftheindividualwhosignedtheenichc d, thatass,accuracy,orvalidityofthatdocument.Stateof la )County )On beforeme,Date NameandTitleoftheOf?cerpersonallyappeared Name(s)ofSigner(s)be whoseexecutedonthe the’thement.PENALTYOF underthelawsoftheStateofCaliforniathatforegoingparagraphis correct.myhandseal. ofNotaryPublic
PlaceNotarySealAboveOPTIONAL—\Thoughthissectionisoptional,completingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthistoanunintendeddocument.DescriptionofAttachedTitleorTypeofDocumentDate: NumberofPages:Signer(s)OtherThanAbove:Capacity(ies)ClaimedbySigner(s)Signer’sName: Signer'sName:CorporateOfficer— Title(s): CorporateOf?cer— Title(s):Partner— LimitedGeneralPartner— LimitedGeneralIndividualAttorneyinFact individualAttorneyinFactTrusteeGuardianorConservatorTrusteeGuardianorConservatorOther: Other:SignerlsRepresenting:SignerlsRepresenting:
@2015NationalNotaryAssociation-www.NationalNotary.org'1-800-USNOTARY(1-800—876-6827)Item#5907 6C

18.A.

MelissaAnnVaccaroNotaryPublic
240194|9Camo
2026
MelissaAnnVaccam

ACKNOWLEDGMENT
Anotarypublicorotherof?cercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCaliforniaCountyofOrange l On02/05/2025beforeme,(insertnameandtitleoftheofficer)personallyappearedShaunnaRozelleOstromwhoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.

WITNESSmyhandandofficialseal MELISSAANNV ACCAROCOMM.# 2NotaryPublmiaORANGECOUNTYComm.ExpiresMay12.

FRSZIFRS3Signature (Seal)

18.A.

esmem
Bren Assislim
BondNo.4480922
p0A#510023
KNOWALLMENBYTHESEPRESENTS:ThatSureTecInsuranceCompany,aCorporationdulyorganizedandexistingunderthelawsoftheStateofTexasandhavingitsprincipalofficeintheCountyofHarris,TexasandMarkelInsuranceCompany(the”Company”),acorporationdulyorganizedandexistingunderthelawsofthestateofIllinois,andhavingitsprincipaladministrativeofficeinGlenAllen,Virginia,doesbythesepresentsmake,constituteandappoint:ArturoAyala,DanielHuckabay,DwightReilly,ShaunnaRozelleOstrom,FrankMorones,MichaelD.Stong,BenStong,R.Nappi,BenjaminWolfe,ChelseaLiberatore,AdrianLangrellTheirtrueandlawfulagent(s)andattorney(s)—in—fact,eachintheirseparatecapacityifmorethanoneisnamedabove,tomake,execute,sealanddeliverforandontheirownbehalf,individuallyasasuretyorlointly,asco-sureties,andastheiractanddeedanyandallbondsandotherundertakinginsuretyshipprovided,however,thatthepenalsumofanyonesuchinstrumentexecutedhereundershallnotexceedthesumof:FifteenMillionand00/100Dollars($15.000,000.00)ThisPowerofAttorneyisgrantedandissignedandsealedunderandbytheauthorityofthefollowingResolutionsadoptedbytheBoardofDirectorsofSureTecInsuranceCompanyandMarkelInsuranceCompany:”RESOLVED,ThatthePresident,anySeniorVicePresident,VicePresident,AssistantVicePresident,Secretary,AssistantSecretary,TreasurerorAssistantTreasurerandeachofthemherebyisauthorizedtoexecutepowersofattorney,andsuchauthoritycanbeexecutedbyuseoffacsimilesignature,whichmaybeattestedoracknowledgedbyanyofficerorattorney,ofthecompany,qualifyingtheattorneyorattorneysnamedinthegivenpowerofattorney,toexecuteinbehalfof,andacknowledgeastheactanddeedoftheSureTecInsuranceCompanyandMarkelInsuranceCompany,asthecasemaybe,allbondundertakingsandcontractsofsuretyship,andtoaffixthecorporatesealthereto."INWITNESSWHEREOF,MarkelInsuranceCompanyandSureTecInsuranceCompanyhavecausedtheirofficialsealtobehereuntoaffixedandthesepresentstobesignedbytheirdulyauthorizedofficersonthe20mdayofAugust,2024.

SureTecInsuranceCompany Markel
By: By:MichaelCKeimig,StateofTexasCountyofHarris:Onthis20mdayofAugust,2024A.D.,beforeme,aNotaryPublicoftheStateofTexas,inandfortheCountyofHarris,dulycommissionedandqualified,cameTHEABOVEOFFICERSOFTHECOMPANIES,tomepersonallyknowntobetheindividualsandofficersdescribedin,whoexecutedtheprecedinginstrument,andtheyacknowledgedtheexecutionofsame,andbeingbymedulysworn,disposedandsaidthattheyaretheofficersofthesaidcompaniesaforesaid,andthatthesealsaffixedtotheproceedinginstrumentaretheCorporateSealsofsaidCompanies,andthesaidCorporateSealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtothesaidinstrumentbytheauthorityanddirectionofthesaidcompanies,andthatResolutionsadoptedbytheBoardofDirectorsofsaidCompaniesreferredtointheprecedinginstrumentisnowinforce.INTESTIMONYWHEREOF,Ihavehereuntosetmyhand,andaffixedmy thedayandyearfirstabovewritten.

BYChelseaTurner,NotaryPublicMycommissionexpires7/6/2028We,theundersignedOfficersofSureTecInsuranceCompanyandMarkelI thattheoriginalPOWEROFATTORNEYofwhichtheforegoingisafull,trueandcorrectcopyisstillinfullforceandeffectandhasINWITNESSWHEREOF,wehavehereuntosetourhands,andaffixedtheSealsofsaidCompanies,onthe5thday0 2025 SureTecInsuranceCompany MarkelInsuranceCompany
Beaty,Secretary Marquis,

JOINTLIMITEDPOWEROFATTORNEY
SEAL President
AnyInstrumentIssuedinexcessofthepenaltystatedaboveistotallyvoidandwithoutanyvalidity510023Forveri?cationoftheauthorityufthisPoweryoumaycall(713)812~0800onanybusinessdaybetween8:30AMand5:00PMCST.

18.A.

muo—
performedemenlAg moreparticularly01,532ggLI-
BONDNO.4480922INITIALPREMIUM:IncludedinPerformanceBondSUBJECTTORENEW ALCITYOFHEMETPARCELMAP36566IMPROVEMENTSFORMOFLABORANDMATERIALBONDKNOWALLMENBYTHESEPRESENTS:WHEREAStheCityofHemetCalifornia(“City”)andSimonChuandKikiChuFamilyTrust2006(“Principal”),haveexecutedanagreementforworkconsistingof,butnotlimitedto,thefurnishingalllabor,materials,tools,equipment,services,andincidentalsforallgrading,roads,paving,curbsandgutters,pathways,stormdrains,sanitarysewers,utilities,drainagefacilities,traf?ccontrols,landscaping,streetlights,andallotherrequiredfacilitiesforParcelMapNo.36566(“PublicImprovements”);WHEREAS,thePublicImprovementstobe byPrincipalaresetforthinthatcertainSubdivisionImprovreementdated(“ImprovementAgreement”);WHEREAS,theImprovementAgreementisherebyreferredtoandincorporatedhereinbyreference;andWHEREAS,PrincipalisrequiredtofurnishabondinconnectionwiththeImprovementAgreementprovidingthatifPrincipaloranyofitssubcontractorsshallfailtopayforanymaterials,provisions,orothersupplies,ortermsusedin,upon,for,orabouttheperformanceofthePublicImprovements,orforanyworkorlabordonethereonofanykind,orforamountsdueundertheprovisionsofTitle15(commencingwithsection3082)ofPart4ofDivision3oftheCaliforniaCivilCode,withrespecttosuchworkorlabor,thattheSuretyonthisbondwillpaythesametogetherwithareasonableattorney’sfeeincasesuitisbroughtonthebond.NOW,THEREFORE,PrincipalandMarkelInsuranceCompanv(“suretY”):3-corporationorganizedandexistingunderthelawsoftheStateofCalifornia,anddulyauthorizedtotransactbusinessunderthelawsoftheStateofCalifornia,areheldand?rmlybounduntoCityandtoanyandallmaterialmen,persons,companiesorcorporationsfurnishingmaterials,provisions,andothersuppliesusedin,upon,fororabouttheperformanceofthePublicImprovements,andallpersons,companiesorcorporationsrentingorhiringteams,orimplementsormachinery,fororcontributingtothePublicImprovementstobedone,andallpersonsperformingworkorlaboruponthesameandallpersonssupplyingbothworkandmaterialsasaforesaidexceptingthePrincipal,thesumofTwoHundredSeventySixThousandNineHundredEightyNineDollarsand40/100cents,($276,989.40),saidsumbeingnotlessthan100%ofthetotalcostofthePublicImprovementsunderthetermsoftheImprovementAgreement,webindourselves,ourheirs,executorsandadministrators,successorsandassignsjointlyandseverally,?rmlybythesepresents.

SUBDIVISIONIMPROVEMENTAGREEMENT

18.A.

SimonChuandKikiChuFamilyTrusx2006
xzwxwiw
MarkelInsuranceCompany
W LHu
THECONDITIONOFTHISOBLIGATIONISSUCHthatifthePrincipal,hisoritssubcontractors,heirs,executors,administrators,successors,orassigns,shallfailtopayforanymaterials,provisions,orothersuppliesormachineryusedin,upon,fororabouttheperformanceofthePublicImprovements,orforworkorlaborthereonofanykind,orfailtopayanyofthepersonsnamedinCaliforniaCivilCodeSection3181,oramountsdueundertheUnemploymentInsuranceCodewithrespecttoworkorlaborperformedbyanysuchclaimant,orforanyamountsrequiredtobededucted,withheld,andpaidovertotheEmploymentDevelopmentDepartmentfromthewagesofemployeesofthecontractorandhissubcontractorspursuanttoSection13020oftheUnemploymentInsuranceCodewithrespecttosuchworkandlabor,andallotherapplicablelawsoftheStateofCaliforniaandrulesandregulationsofitsagencies,thensaidSuretywillpaythesameinortoanamountnotexceedingthesumspeci?edherein.Aspartoftheobligationsecuredhereby,andinadditiontothefaceamountspeci?edtherefor,thereshallbeincludedcostsandreasonableexpensesandfees,includingreasonableattorney’sfees,incurredbyCityinsuccessfullyenforcingsuchobligation,alltobetaxedascostsandincludedinanyjudgmentrendered.Thisbondisexecutedand?ledtocomplywithSection66499e_tLeq.oftheCaliforniaGovernmentCodeassecurityforpaymenttocontractors,subcontractors,andpersonsfurnishinglabor,materials,orequipmentforconstructionofthePublicImprovementsorperformanceoftheImprovementAgreement.Itisherebyexpresslystipulatedandagreedthatthisbondshallinuretothebene?tofanyandallpersons,companies,andcorporationsentitledto?leclaimsunderTitle15(commencingwithSection3082)ofPart4ofDivision3oftheCaliforniaCivilCode,soastogivearightofactiontothemortheirassignsinanysuitbroughtuponthisbond.Surety,forvaluereceived,herebystipulatesandagreesthatnochange,extensionoftime,alteration,oradditiontothetermsoftheImprovementAgreement,ortoanyplans,pro?les,andspeci?cationsrelatedthereto,ortothePublicImprovementstobeconstructedthereunder,shallinanywayaffectitsobligationsonthisbond,anditdoesherebywaivenoticeofanysuchchange,extensionoftime,alteration,oraddition.INWITNESSWHEREOF,thesealandsignatureofthePrincipalisheretoaf?xed,andthecorporatesealandthenameoftheSuretyisheretoaf?xedandattestedbyitsdulyauthorizedAttorney-in-FactatOranae.CA ,this5thdayofFebruary2025 Principal Surety
By: ByIts:ManagingMember actShaunnaRozelleOstrom,Attorney-in-Fact(printname) (printname)

SUBDIVISIONIMPROVEMENTAGREEMEN

18.A.

NOTE:APPROPRIATENOTARIALACKNOWLEDGMENTSOFEXECUTIONBYPRINCIPALANDSURETY ,ANDACOPYOFTHEPOWEROFATTORNEYTOLOCALREPRESENTATIVESOFTHEBONDINGCOMPANYMUSTBEATTACHEDTOTHISBOND.

SUBDIVISIONIMPROVEMENTAGREEMEN

18.A.

WSWwhosenameIS/acribadtothewithininstrumeat and
ackno?dged
tomethhe/eyexecutedt sameiner/theirauthorizedcapacityje‘a,andthatb eI/thsirsignatur?axfinstrumenttheparseortheentityuponbehaliofwhichtheperscs)a edexecutedstiumant Icertifyunder PEFiJRYheoregaingand
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COMM.#24711249new"munCAliFDRIMinMcmun?‘ozcawn‘I amumicvI2.2927 11111,,”$3121Mao/1V«MM/w;—é
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CALFORAALL-PURPOSACKNOWLDGMNT CIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.Stateof laCountyOn beforeDate InsertNameandTitleoftheOfficerpersonallyappeared 5‘Name(s)ofSigner(s)whoprovedtomeonthebasisofsatisfactoryevidencetobeonthethePENALTYOF underthelawsoftheStateofCaliforniathat paragraphistruecorrect.handandsealMUNSONSignatureofNotaryPublic PlaceNotarySealAboveOPTIONALThoughthissectionisoptional,completingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.DescriptionofAttachedTitleorTypeofDocumentDate: NumberofPages:Signer(s)OtherThanAbove:Capacity(ies)ClaimedbySigner(s)Signer’sName: Signer’sName:CorporateOfficer— Title(s): CorporateOfficer— Title(s):Partner— LimitedGeneralPartner— LimitedGeneralIndividualAttorneyinFact IndividualAttorneyinFactTrusteeGuardianorConservatorTrusteeGuardianorConservatorOther: Other:SignerlsRepresenting:SignerlsRepresenting:
@2015NationalNotaryAssociation-www.NationalNotary.org-1-800-USNOTARY(1-800-876-6827)Item#5907

JAMESL,

18.A.

MelissaAnnVaccaroNotaryPublic
An

ACKNOWLEDGMENT
Anotarypublicorotherof?cercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCaliforniaCountyofOrange \ On02/05/2025beforeme,(insertnameandtitleoftheofficer)personallyappearedShaunnaRozelleOstromwhoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.

WITNESSmyhandandofficialseal. MELISSAANNV ACCAROcomm.#2401942NotaryPublic-CaliforniaORANGECOUNTYComm.EtpiresMay12, FRS3Signature (Seal)ssaaccaro

18.A.

”Illul‘um‘“imam
,February
, awn Asslsum
BondNo.4480922
KNOWALLMENBYTHESEPRESENTS:ThatSureTecInsuranceCompany,aCorporationdulyorganizedandexistingunderthelawsoftheStateofTexasandhavingitsprincipalofficeintheCountyofHarris,TexasandMarkelInsuranceCompany(the"Company"),acorporationdulyorganizedandexistingunderthelawsofthestateofIllinois,andhavingitsprincipaladministrativeofficeinGlenAllen,Virginia,doesbythesepresentsmake,constituteandappoint:

Theirtrueandlawfulagent(s)andattorney(s)-in—fact,eachintheirseparatecapacityifmorethanoneisnamedabove,tomake,execute,sealanddeliverforandontheirownbehalf,individuallyasasuretyorjointly,asco-sureties,andastheiractanddeedanyandallbondsandotherundertakinginsuretyshipprovided,however,thatthepenalsumofanyonesuchinstrumentexecutedhereundershallnotexceedthesumof:FifteenMillionand00/100Dollars($15,000,000.00)ThisPowerofAttorneyisgrantedandissignedandsealedunderandbytheauthorityofthefollowingResolutionsadoptedbytheBoardofDirectorsofSureTecInsuranceCompanyandMarkelInsuranceCompany:“RESOLVED,ThatthePresident,anySeniorVicePresident,VicePresident,AssistantVicePresident,Secretary,AssistantSecretary,TreasurerorAssistantTreasurerandeachofthemherebyisauthorizedtoexecutepowersofattorney,andsuchauthoritycanbeexecutedbyuseoffacsimilesignature,whichmaybeattestedoracknowledgedbyanyofficerorattorney,ofthecompany,qualifyingtheattorneyorattorneysnamedinthegivenpowerofattorney,toexecuteinbehalfof,andacknowledgeastheactanddeedoftheSureTecInsuranceCompanyandMarkelInsuranceCompany,asthecasemaybe,allbondundertakingsandcontractsofsuretyship,andtoaffixthecorporatesealthereto."INWITNESSWHEREOF,MarkelInsuranceCompanyandSureTecInsuranceCompanyhavecausedtheirofficialsealtobehereuntoaffixedandthesepresentstobesignedbytheirdulyauthorizedofficersonthe20thdayofAugust,2024.

SureTecInsuranceCompany Markel
MichaelCKeimig, JenniPresidentStateofTexasCountyofHarris:Onthis20mdayofAugust,2024A.D.,beforeme,aNotaryPublicoftheStateofTexas,inandfortheCountyofHarris,dulycommissionedandqualified,cameTHEABOVEOFFICERSOFTHECOMPANIES,tomepersonallyknowntobetheindividualsandofficersdescribedin,whoexecutedtheprecedinginstrument,andtheyacknowledgedtheexecutionofsame,andbeingbymedulysworn,disposedandsaidthattheyaretheofficersofthesaidcompaniesaforesaid,andthatthesealsaffixedtotheproceedinginstrumentaretheCorporateSealsofsaidCompanies,andthesaidCorporateSealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtothesaidinstrumentbytheauthorityanddirectionofthesaidcompanies,andthatResolutionsadoptedbytheBoardofDirectorsofsaidCompaniesreferredtointheprecedinginstrumentisnowinforce.INTESTIMONYWHEREOF,Ihavehereuntosetmyhand,andaffixedmy thedayandyearfirstabovewritten Turner,NotaryPublic
We,theundersignedOfficersofSureTecInsuranceCompanyandMarkel INWITNESSWHEREOF,wehavehereuntosetourhands,andaffixedtheSealsofsaidCompanies,onthe5thday0 2025 MarkelInsuranceCompany
Beaty,Secretary rewMarquis,
AnyInstrumentIssuedinexcessofthepenaltystatedaboveistotallyvoidandwithoutanyvalidity510023Forveri?cationoftheauthorityofthisPoweryoumaycall(713)812»0800onanybusinessdaybetween8:30AMand5:00PMCST.

POA#510023

JOINTLIMITEDPOWEROFATTORNEY
ArturoAyala,DanielHuckabay,DwightReilly,ShaunnaRozelleOstrom,FrankMorones,MichaelD.Stong,BenStong,R.Nappi,BenjaminWolfe,ChelseaLiberatore,AdrianLangrell SEAL
Mycommissionexires7/6/20280F ‘ pthattheoriginalPOWEROFA'ITORNEYofwhichtheforegoingIsafull,trueandcorrectcopyisstillinfullforceandeffectandhas’urnnn“ SureTecInsuranceCompany

18.A.

SimonChuandKikiChuFamilyTrust2006,
aI‘CCS
cif.

BondNo.4480923Premium:$250.00

SURVEYOFMONUMENTS
MapNo.36566
(CaliforniaGovernmentCode§§66499and66499.1)
WHEREAS,theCityCounciloftheCityofHemet,amunicipalcorporationandpoliticalsubdivisionoftheStateofCalifornia("City")and("Principal"),haveenteredintoanagreementpursuanttoCaliforniaGovernmentCodeSection66462wherebyPrincipaltoinstallandcompletecertaindesignatedimprovements,whichsaidagreement,dated andidenti?edasSubdivisionImprovementAgreement(“Agreement”),isherebyincorporatedbythisreferenceasthoughsetforthatlength,andhaveagreedpursuanttoSection66499oftheGovernmentCodetoexecutethisbondtosecuretheperformanceofthefollowingobligation:PrincipalherebyagreestoinstallsurveymonumentsinaccordancewithanytermsandconditionssetforthintheAgreement,permitandtherequirementsandspeci?cationsofallapplicablelawsandordinances.WHEREAS,we,thePrincipalandMarkelInsuranceCompanyassurety(“Surety”),areheldand?rmlybounduntotheCity,inthepenalsumofSevenThousandFiveHundredand00/1Dollars($7500.00)lawfulmoneyoftheUnitedStates,forthepaymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs,successors,executorsandadministrators,jointlyandseverally,?rmlybythesepresents.WHEREAS,shouldPrincipalfailtoinstallsurveymonumentsinaccordancewithanytermsandconditionssetforthintheAgreement,permitandtherequirementsandspeci?cationsofallapplicablelawsandordinancesand/orshouldPrincipalfailtocompletesaidinstallationofsurveymonumentswithinthetimeperiodprescribedthereinorotherwiseprovidedbyanylawfulextensionoftimegrantedbytheCityCouncil,theCitymay,atitsoption,causeallrequiredworktobedoneinthemannerrequiredherein,andthepartiesexecutingthisbondshallbe?rmlyboundforthepaymentofallnecessarycoststherefore.

NOW,THEREFORE,we,thePrincipalandSurety,areheldand?rmlybounduntotheCity,inthepenalsumof$7,500.00lawfulmoneyoftheUnitedStates,forthepaymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs,successors,executorsandadministrators,jointlyandseverally,?rmlybythesepresents.

TheconditionofthisobligationissuchthatiftheaboveboundedPrincipal,hisoritsheirs,executors,administrators,successors,orassigns,shallinallthingsstandtoandabideby,andwellandtrulykeepandperformtheforegoingwork,onhisortheirpart,tobekeptandperformedat

SUBDIVISIONIMPROVEMENTAGREEMENT

18.A.

ny—??wmu@mm-I—I—m
---_I_'L'ia=.‘H-dhr?h.i1rhidhw,amn
‘ —'I'IFM .‘l III-'- III-HI.Et' ---—I—I--lf—l'—-- -I—'--l -|__|_|-|.|. .—.
”MEI-fl“
thetimeandinthemannerspeci?edabove,andinallrespectsaccordingtotheirtrueintentandmeaning,andshallindemnifyandsaveharmlesstheCity,itsof?cers,agentsandemployees,asthereinstipulated,thenthisobligationshallbecomenullandvoid;otherwiseitshallbeandremaininfullforceandeffect,atleastuntilthetimeCityacceptstheworkrequiredtobeperformedbyPrincipalundertheAgreement,notwithstandingwhetherornotPrincipalshouldabandonitsobligationsundertheAgreementwithouthavingcommencedconstructionofanyimprovementsandwhethersuchabandonmentarisesfromforeclosureuponPrincipal’spropertyorotherwise.

Aspartoftheobligationsecuredherebyandinadditiontothefaceamountspeci?edtherefore,thereshallbeincludedcostsandreasonableexpensesandfees,includingreasonableattorney’sfees,incurredbytheCityinsuccessfullyenforcingsuchobligation,alltobetaxedascostsandincludedinanyjudgmentrendered.

Suretyherebystipulatesandagreesthatnochange,extensionoftime,alterationoradditiontotheworktobeperformedhereunderorthespeci?cationsaccompanyingthesameshallinanywiseaffectitsobligationsonthisbond,anditdoesherebywaivenoticeofanysuchchange,extensionoftime,alterationoradditiontothescopeofworktobeperformedortothespeci?cations. [THISPORTIONOFPAGEINTENTIONALLYLEFTBLANK]

SUBDIVISIONIMPROVEMENTAGREEMEN

18.A.

:i:\\ gg Attorngy-Ig-g
INWITNESSWI-IEREOF,thesealandsignatureofthePrincipalisheretoaf?xed,andthecorporatesealandthenameoftheSuretyisheretoaf?xedandattestedbyitsdulyauthorizedAttorney-in—Factat Orange,CA ,this5thdayofFebruary2025 SimonChuandKikiChuFamilvTrust9006 MarkelInsuranceCompanyPrincipal Surety By: ByIts:ManagingMember actI,SIM/[myCHK ShaunnaRozelleOstrom,Attorney-in-Fact(printname) (printname) 6 SUBDIVISIONIMPROVEMENTAGREEMENT

18.A.

gf %K mic”24w(Ma/mm?zz/?ggk??l?£521
ortheentityuponbehalfofwhichthepevson.a ed.executedstrument. t,2.arson}!nam?lafa
cribedtothewithininstrumenandackno- -gedtometmwhe/theyt e ier/theirauthorizedcapachy',andthat«wer/tneirsignaturef'persoms‘? '
JAMESCOMM(?wwwmuctcmmmn_WEEEv, .m7 Slénature
GALFORMAALL-PURPOSAOKOWLDGENT CIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCalCounty/On beforeDate InsertNameandTitleoftheOf?cerpersonallyappeared whoprovedtomeonthebasisofsatisfactoryevidencetobe whoseexecutedsameontheinstrumentthetheIcertifyunderPENALTYOF underthelawsoftheStateofCaliforniathatforegoingparagraphistrueandcorrect.handsealL.MUNSONll2471249Sig ofNotaryPublic PlaceNotarySealAboveOPTIONALThoughthissectionisoptional,completingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.DescriptionofTitleorTypeofDocumentDate: NumberofPagesSigner(s)OtherN Above:Capacity(ies)ClaimedbySigner(s)Signer’sName: Signer’sName:CorporateOfficer- Title(s): CorporateOfficer— Title(s):Partner— LimitedGeneralPartner— LimitedGeneralIndividualAttorneyinFact IndividualAttorneyinFactTrusteeGuardianorConservatorTrusteeGuardianorConservatorOther: Other:SignerlsRepresentingSignerIsRepresenting @2015NationalNotaryAssociation'www.NationalNotary.org-1-800-USNOTARY(1-800-876-6827)Item#5907 CommMvComa.NOV A12

18.A.

_..—)
02/05/202 MelissaAnnVaccaro‘NotagPublic
MeliAnnVacca

ACKNOWLEDGMENT
Anotarypublicorotherof?cercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCaliforniaCountyofOrange On 5 beforeme,(insertnameandtitleoftheofficer)personallyappearedShaunnaRozelleOstromwhoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/herltheirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.

MELISSAANNV ACCAROCOMM.#2401942NotaryPublic-CaliforniaORANGECOUNTYComm.ExpiresMay12.

WITNESSmyhandandofficialseal
FRS3FRSSSignature (Seal)888 ro

18.A.

Bv.
?es-den:

Campany
Asslsianl
BondNo.4480923
KNOWALLMENBYTHESEPRESENTS:ThatSureTecInsuranceCompany,aCorporationdulyorganizedandexistingunderthelawsoftheStateofTexasandhavingitsprincipalofficeintheCountyofHarris,TexasandMarkelInsuranceCompany(the"Company"),acorporationdulyorganizedandexistingunderthelawsofthestateofIllinois,andhavingitsprincipaladministrativeofficeinGlenAllen,Virginia,doesbythesepresentsmake,constituteandappoint:

ThisPowerofAttorneyisgrantedandissignedandsealedunderandbytheauthorityofthefollowingResolutionsadoptedbytheBoardofDirectorsofSureTecInsuranceCompanyandMarkelInsuranceCompany:"RESOLVED,ThatthePresident,anySeniorVicePresident,VicePresident,AssistantVicePresident,Secretary,AssistantSecretary,TreasurerorAssistantTreasurerandeachofthemherebylsauthorizedtoexecutepowersofattorney,andsuchauthoritycanbeexecutedbyuseoffacsimilesignature,whichmaybeattestedoracknowledgedbyanyofficerorattorney,ofthecompany,qualifyingtheattorneyorattorneysnamedinthegivenpowerofattorney,toexecuteinbehalfof,andacknowledgeastheactanddeedoftheSureTecInsuranceCompanyandMarkelInsuranceCompany,asthecasemaybe,allbondundertakingsandcontractsofsuretyship,andtoaffixthecorporatesealthereto.”INWITNESSWHEREOF,MarkelInsuranceCompanyandSureTecInsuranceCompanyhavecausedtheirofficialsealtobehereuntoaffixedandthesepresentstobesignedbytheirdulyauthorizedofficersonthe20mdayofAugust,2024.

SureTecInsuranceCompany Markelce
By: By:MichaelC.Keimig, JennPresidentStateofTexasCountyofHarris:
referredtointheprecedinginstrumentisnowinforce.INTESTIMONYWHEREOF,Ihavehereuntosetmyhand,andaffixedmy thedayandyearfirstabovewritten.

We,theundersignedOfficersofSureTecInsuranceCompanyandMarkell INWITNESSWHEREOF,wehavehereuntosetourhands,andaffixedtheSealsofsaidCompan 2025 Beaty, ry
AnyInstrumentIssuedinexcessofthepenaltystatedaboveistotallyvoidandwithoutanyvalidity.510023ForverificationoftheauthorityofthisPoweryoumaycall(713)812-0800onanybusinessdaybetween8:30AMand5:00PMCST POAlil510023

JOINTLIMITEDPOWEROFATTORNEY
ArturoAyala,DanielHuckabay,DwightReilly,ShaunnaRozelleOstrom,FrankMorones,MichaelD.Stong,BenStong,R.Nappi,BenjaminWolfe,ChelseaLiberatore,AdrianLangrellTheirtrueandlawfulagent(s)andattorney(s)—in»fact,eachintheirseparatecapacityifmorethanoneisnamedabove,tomake,execute,sealanddeliverforandontheirownbehalf,individuallyasasuretyorjointly,asco-sureties,andastheiractanddeedanyandallbondsandotherundertakinginsuretyshipprovided,however,thatthepenalsumofanyonesuchinstrumentexecutedhereundershallnotexceedthesumof:FifteenMillionand00/100Dollars($15,000,000.00) SEAL
Onthis20thdayofAugust,2024A.0.,beforeme,aNotaryPublicoftheStateofTexas,inandfortheCountyofHarris,dulycommissionedandqualified,cameTHEABOVEOFFICERSOFTHECOMPANIES,tomepersonallyknowntobetheindividualsandofficersdescribedin,whoexecutedtheprecedinginstrument,andtheyacknowledgedtheexecutionofsame,andbeingbymedulysworn,disposedandsaidthattheyaretheofficersofthesaidcompaniesaforesaid,andthatthesealsaffixedtotheproceedinginstrumentaretheCorporateSealsofsaidCompanies,andthesaidCorporateSealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtothesaidinstrumentbytheauthorityanddirectionofthesaidcompanies,andthatResolutionsadoptedbytheBoardofDirectorsofsaidCompanies By:ChelseaTurner,NotaryPublicMycommissionexpires7/6/2028OF thattheoriginalPOWEROFATTORNEYofwhichtheforegoingisafull,trueandcorrectcopyisstillinfullforceandeffectandhas'lriiaalies,onthe5thday0 SureTecInsurance MarkelInsuranceCompany
M. Secretary Marquis,

18.A.

ISLLINEQBMAJJDNLNUMBEREDLOTS:2LETTEREDLOTS:oCROSSACRES:2.441 WWEHEREBYSTATETHATWEARETHEOWNERSOFTHELANDINCLUDEDWITHINTHESUBDIVISIONSHOWNHEREON:THATWEARETHEONLYPERSONSWHOSECONSENTISNECESSARYTOPASSAGLEARTITLETDSAIDLAND;THATWECONSENTTOTHEMAKINGANDRECORDINGOFTHISSUBDIVISIONMAPASSHOWNWITHINTHEDISTINCTIVEBORDERLINE.FRONTIERCALIFORNIAINC.,ACAUFORNIACORPORATION,SUCCESSORIN INTHECITYOFHEMET.COUNTYOFRIVERSDE.STATEWCALIFORNIA
PARCELMAPNO.36566BEINGASUBDIVISION0FPARCELMAPNO.6210ASPERMAPFILEDINBOOKI4,PAGE700FPARCELMAPS,INTHEDFTTCEOFTHECOUNTYRECORDEROFSAIDCOUNTY .DA VIDO.KNELL.PLS530T JANUARY .2024WELT;THISMAPW ASPREPAREDBYMEORUNDERMYDIRECTIONANDISBASEDUPONAFIELDSURVEYINCONFORMANCEWITHTHEREWIREMENTSDETHESUBDIVISONMAPACTANDLOCALORDINANCEATTHEREQUEST0FFRONTIERCALIFORNIAINC.OCTOBEROF2022.IHEREBYSTATETHATALLMONUMENTSARE(ITHECHARACTERANDOCWPYTHEPOSITIONSINDICATEDORTHATTHEYWILLBESETINACCORDANQWITHTHETERMSNTHEMONUMENTAGIEEMENTINSUCHPOSIIIWSIMTHIN(I)YEARFROMTHERECORDEDDATEOFTHISMAP:ANDTHATSAIDMONUMDITSARESJFFIOENTTDENABLETHESJRVEYTOBERETRACED.IHEREBYSTATETHATTHISTRACTMAPSJBSTANTIALLYCONFORMSTOTHEAPPROVEDDRCONDITIONALLYAPPROVEDTENTATIVEPARCELMAPNO.36566.INTERESTBYMERGERWITHGENERALTELEPHONECOMPANYOFCALIFORNIA.IACORPORAON /BY:NAME:TITLE:- REALESTATEANDFACILITIES T I’MNOTARYPUBLICOROTHEROFFICERCOMPLETINGTHISCERTIFICATERIFIESONLYTHEDENTITYOFTHEINDIVIDUALWHOSIGNEDTHEOCUMENTTOWHICHTHISCERTIFICATEISATTACHED.ANDNOTTHERUTHFULNESS.ACCURACY .ORV AUDITYOFTHATDOCUMENT.STATEor1'COUNTYOF- ._ _ONIIIW-2021BEFOREME?jE?'?z.NOTARYPUBUCPERSONALLYAPPEARED_&W_4_F._______.___.WHOPROVEDToMEONTHEBAIorSATISFACTORYEVIDENCETOBETHEPERSONIGTWHOSENAMESARESUBSCRIBEDITHEWITHININSTRUMENTAIACKNOWLEDGEDTOMETHATKEXECUTEDTHESAME AUTHORIZEDCAPACITYOEO).ANDTHATBYwasGNATUREWONTHEINSTRUMENTTHEPERSOWORENTITYUPONBEHALFOFWHICHTHEPERSONLP)’ACTED.EXECUTEDTHEINSTRUIIILNT.ICERTIFYUNDERPENALTYOFPERJURYUNDERTHELAWSOFTHESTATEOF_?$_____THATTHEFOREGOINGPARAGRAPHISTRUEANDCORRECT.WITNESSMYHANDL MYCOMMISIDNEXPIRES:7-2-‘7-Zeta!_MYPRINCIPALPLACEOFBUSINESSIsIN_D_5_”_‘:£____COUNTYMYCOMMISSIONNUMBER:-U?lthO__._ PALLZEPL“;.1”-_w_vrDA VIDO.KNELL.PLSSSOI DATE
WI,NOAHRAU.HEREBYSTATETHATIHA VEEXAMINEDTHEWITHINMAP.THATTHESUBDMSIONSNOWNHEREONISSUBSTANTTAILYTHESAMEASITAPPEAREDONTHETENTATIVEHAP.THATALLAPPLICABLEPROWSIONSOFTHESTATESUBDIVISIONSMAPACTANDCITYOFHEMEIORDINANCEan.ASAMENDED.HA VEBEENCOMPLIEOIMTH.DATEDnus__IitL~_DAYorMmhc_.202.11.4" _NOAHM.CITYENGINEERR.C.E74586 IHEREBYSTATETHATIHA VEEXAMINEDTHEMAP.ANDTHATIAMSATISEDTHATSAIDMAPISTECHNICALLYCORRECT._________L/AL.4BRIAND—F0PL..717IPRESIDENT.OZAD&FOX.INC WPURSUANTToszcnouass»orm:suaomSIONHAPACT.m:SIGNAYuRESorm:rmovnncnounsoruscuzuvsAND/0ROTHERINTERESTSNA VEBED!Oumm:EASEMENTTDCAUEWNIAELECTRICPOWERCOMPANY .ITSSUCCESSORSANDASSIGNSFORTHE.TRANSMISSDNANDDISTRIBUTIONG’ELECTRIUTYANDCDMMUNICATIGIPURPOSESANDINCIDENTALPURPOSES.RECWDED”NE6.1956A5BOOK2282.FAQIBJDFmu.RECORDS.[AEMENTT0CAUFUiHIAW ATERANDTELEPHGIECOMPANY .AmW ADWFORTELEPHMELINEANDINODENTALPURPOSES.RECORDEDJANUARYl8.I96IASINSTRUMENT"CL3672UGTICIALRECORDS.EASEMENTI’DCAUI’GTNIAW ATERANDTELEPHWECOMPANY .ACORPW ATIWFORPUBLICUTILITIESANDINCIDENTALPURPOSES.RECMDEDJANUARY16.IBGIASINSTRUMENTN0,3675UOFFICIALRECORDS.EASEMENTTDCAUEGTNIAW ATRANDTHEPNWEWMPANY .AWmATICNEMPUBUCUTILITIESANDINUMNTALPURPDKS.RECORDEDJANUARY16.ISGIASINSTRUMENTND.3676ifOFFICIALRECmDS.EASEMENTTDCAUTWNIAW ATDTANDTELEPNGIECOMPANY .ACWMATIMFORPUBLICUTIUTIESANDINDDENTM.PURPOSES.RECORDEDJANUARYTO.ISSIASINSTRUMENTN0.5579OFGENOA].RECORDS.EASEMENTTDCAUT'NNIAYIATDTANDTELEPNWECOMPANY .AW AHWFORPUNJCUTILITIESANDINODENTM.PURPDES.RECORDEDFEBRUARYH.I96lASINSTRUMENTN0.‘17”C"(1110“REMDS.EASEMENTT0W ATERANDTELPHWECOMPANY .ACmATTmFmPUBLICUTILITIESANDINCIDENTALPURPOIS.RECWDEDFEBRUARYN.IBUIASINSTRUMENTNO.127190'“FIG“.RECORDS.EASEMENTTDCAuFaTNIAmm:ANDTELEPHONECOMPANY .ACW ATIONFORPUBLICUIIUI'IESANDINCIDENTALPURPOSES.RECORDEDNATION24,IDSIAsINSTRUMENTND.25160DFmALREOORDS.EASEMENTTDCAUFWN'IAW ATERANDTELEPHGIECOMPANY .ACORPUTATIMFORPUBLICUTILITIESANDINGDENTALPURPOSES.RECORDEDNOVEMBERID.196!ASINSTRUMENTNO.97195WOPTION.REmSIEASEMENTTDCAUFORNIAELECTRICPMOOPANY .AMUTATIONFmPUBIJCUTILITIESANDINGDENTALPURPOSESRECORDEDAUWST09.I961ASINSTRUMENTNO83955C"“GALREWDSEAiMENTTDCALIFWNTAW ATERANDTELEPHOIECOMPANY .AW ADE?!FmPUBLICUTILITIESANDINCIDENTALPURPOSES.RECORDEDDEKMBER2|.I96!ASINSTRUMENTNOLISIISSGW‘IUALREWDS.

SHEETNO.1OF2SHEETSYorWM_2025._______.OFMAPS.ATTHEREQUESTOFTHECITYCLERKATPOFTCITYOFHEMET.N0.rs:_\_\_£3:___ PETERALDANA.

COUNTYASSESSOR-CLERK-RECORDERIWDEPUTY
SUBDIVISIONGUARANTEEBY:FIRSTATITLEINSURANCECOMPANY

WIHEREBYSTATETHATTSUBDIVISION
ONTHISPARcu.MAPISINACCORDANCEWITHTHETENTATIVEMRCILMAPAPPROVEDATAMEETINGOFTHEPLANNINGCOMMISSIONOFTHECITYOFHEMET,COUNTYOFRIVERSIDE.STATEOFCAIJFDRNIA.HELDONcToBED.9.. _.4Tb;IsIIMONIQUEALANIZ—FLEJTERmCOMMUNITYDEVELOPMENT DIRECTOR"
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OFNEHETHAI.OPTuec
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II

18.A.

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18.A.

From: City of Hemet
To: John Maier; Elodie Klug; Demi Olsen
Subject: May 20 2025 - Kim Marie Larini - PC-25-39
Date: Thursday, May 15, 2025 6:29:26 PM
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Name: Kim Marie Larini
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May 20 2025
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Agenda Item or
Subject: Warehouse near Warren and Dominigoni
Comment or
Can't believe this was past after our community was told otherwise.

Why hasn't the city provided a proper Industrial Park area given there is plenty of vacant land, especially North Sanderson near Ramona.

Away from most homesites. Why doesn't the city develop a restaurant row much like Victorville has? Very poor planning. Apparently, there

Question: are no road improvements included with the agreement of the warehouse developments either? Foresight is a wonderful thing. Can't imagine how awful the roads are going to become ones all those semi's are driving everywhere. The roads are hardly drivable now. Just unbelievable.

Reviewed by
Administration?
AT Item Number: PC-25-39
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From: City of Hemet
To: John Maier; Elodie Klug; Demi Olsen
Subject: May 20 2025 - Bruce Romero - PC-25-40
Date: Tuesday, May 20, 2025 2:23:05 PM
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Public Comment: May 20 2025
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Agenda Item or Subject: Kirby Street
Comment or Question: They are tearin up the street between Acacia and The railroad tracks ?
Reviewed by Administration?
AT Item Number: PC-25-40
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